The Sun.
London, England, 1859-02-28 00:00:00

THE ARJIY.

The deputy adjutant-general at head-quarters,
Col. W. F. Forster, has recently issued the follow-
ing suggestions for performing the marching-out
duty to officers commanding regiments and depot
battalions, by direction of his Royal Highness the
General Commanding-in-Chief:—
" In marching out during the winter season commanding
officers should profit as much as possible by the opportuni-
ties gfforded to them for instructing their battalions (espe-
cially the young officers) on those subjects which can be
more particularly and more practically explained on occa-
sions of this kind than at the regular daily parades in the
barrack-square or at the orderly-room examinations.
"A great many officers are not even aware that it is
their duty to be provided with a map of the district in which
they are quartered, to study it, and to compare it with the
country it embraces, so as to acquire a practical knowledge
of its military features, roads, rivers, woods, hills, plains,
canals, bridges, and villages, and whatever, in fact, is cal-
culated to assist or impede troops in offensive or defensiie
warfare (See "Field Exercises and Evolutions," page 313
and following.)
"In order to insure the officers acquiring as much as
possible of this kind of information, and for the sake of
practising them in committing to writing their observations
and opinions, every subaltern officer should take out with
him a pencil and memorandum book, to enable him to make
the necessary rough notes from which he should afterwards
frame a report of all the before-mentioned subjects, and of
the many others that will occur to him in the course of his
march. The details of these reports will greatly depend on
what is done on the march, and the above are only a few of
the .common particulars which are sure to be required un-
der the most ordinary circumstanees. When battalions
practise the posting of pickets and placing of sentries, or any
such kind of instruction, the whole is to be described ; and
whenever an officer can illustrate any part of his report by
making a rough sketch, even in the margin, he is recom-
mended to do so.

"A report of this kind cannot be too simply and too dis-
tinctly worded ; at the same time it should give all possible
information; the more minute and exact the better. For
example, the condition and width of roads should be stated,
and whether practicable for artillery ; whether the country
is close, open, fiat, or hilly; the prevailing crops should be
named ; and canals, forts, towers, and every strong ground
capable of being made good military posts should be
alluded to.

" These reports should be sent to the commanding officer
of the battalion on the morning after the march, for exami-
nation by himself or by one of his majors. All errors and
omissions are to be pointed out and corrected, after which
the reports are to be filed, and kept in the battalion orderly
room for inspection, if asked for at any future time, and
those that have particular merit, either from the talent they
show or the pains bestowed on them, are to be sent to the
brigade office.
" an these occasions of marching out the officers com-
manding companies are to practise their men in judging dis-
tances whenever the battalion halts, and each halt may be a
little prolonged for this purpose if necessary. The names
of the best judges of distances are to be taken down and de-
livered to the adjutant on the return to barracks, and such
of them as deserve it may be permitted to be absent from
the afternoon parade, or receive some trifling indulgence.
All companies in turn are to form advanced and rear guards.
" If commanding officers will take an interest in these
little matters, the exercise of marching out may be made
both amusing and instructive, in addition to being very
conducive to the health and physical condition of the men.
" In order to give the officers as much practice as pos-
sible, commanding officers are requested to march by a diffe-
rent route every time they go out. On all occasions care
must be taken that there is no trespassing on property."
Lieut.-Col. Sir W. Russell, Bart., M.P., who has
been serving with the 7th Dragoons during the war
in Oude, is expected to return home in the course
of April.
At the request of several of the officers of the
Royal Engineers at Brompton Barracks, Captain
Norton has just completed another series of experi-
ments at Chatham, for the purpose of subjecting
some of his inventions to a severe test, in order to
prove their practical utility, his fornier experiments
having attracted a high degree of interest among
scientific persons, and the officers of the Royal Ar-
tillery and Royal Engineers. One of the most in-
teresting experiments made during these trials was
that with the " liquid fire" rifle-shell, for the pur-
pose of demonstrating the tremendous effects which
would follow from the explosion of the shell against
the hull or side of a ship. In the experiments pre-
viously made with this " liquid fire" shell at
Chatham, by Captain Norton, the shell was fired at
some pieces of sacking suspended to represent the
sails of a ship, and notwithstanding that the can-
vas was soaked through with the pouring rain that
fell at the time, the whole burst out into a flame in
a very short time after the shell had exploded
against it. The further experiments made with this
were undertaken by Captain Norton for the pur-
pose of proving that any line-of-battle ship, or other
vessel, could be easily set on fire by firing one or
more of these shells into the hull. In order to de-
monstrate this, some pieces of thick planking were
erected at a convenient distance from the spot se-
lected for the firing of the shell, which Captain
Norton charged with the most minute portion—
certainly not more than an ordinary teaspoonful—
of his "liquid fire." The shell was then placed in
an ordinary large grooved rifle and fired at a short
range at the deal planking, against which it ex-
ploded, the glass containing the " liquid fire" im-
mediately bursting and scattering its contents over
the plank. The results were quite satisfactory,
the planking in a very few moments bursting into
flame, which burnt furiously until the plank struck
was consumed. There can be no doubt that a suc-
cession of these shells, charged with the " liquid
fire" poured into a man of war, would burn her
down to the water's edge. After Captain Norton
had completed his experiments with his shell he
proceeded to test another invention of his called the
waterproof frictional igniting cartridge. This cart-
ridge which, from its superiority and extreme simpli-
city,_ionsthan
is better adapted for submarine expi
either the Voltaic battery or Pickford's fuze, con-
sists of a small indiarubber bag or casing, which
holds a small quantity of powder, and also a simple
contrivance for igniting it by means of friction. A
cord leads from the frictional igniter within the
bag, and this may be carried to any length. The
waterproof being sunk, the slightest pull at the end
will ignite the- powder, which explodes the large
mass against which it is placed. The experiments
made by Captain Norton with this frictional igniter
showed the case and safety with which submarine
explosions can be earned on in any situation and
at any depth. The remaining experiments made
by Captain Norton were for the purpose of demon-
strating the action of his concussion fuze, and his
frictional exploding signal, which, being attached
to a cord and secured, the grenade may be thrown
the required distance, when it will explode in the
face ,of a body of assailants. The concussion fuze
is considered a very valuable missile, and has been
very favourably reported on to the Government as
being simple, safe, and efficacious, and well adapted "
for horizontal firing with high velocities. As soon
as a, Government commission has been appointed
Capt. Norton's missiles will be subjected to a variety
of tests.

Reserve detachments from the corps of drivers
and the battalions of Royal Artillery have been
despatched during the past week in large numbers
from Woolwich to Portsmouth, Aldershot, Shorn-
cliffe, Shoeburyness, Devonport, Hilsea, Ballincoly,
Guernsey, Dover, Leith, Longford, Christchurch,
and other stations, in charge of noncommissioned

officers, in order to fill up to the complete war
strength the 12 field batteries of Royal Artillery
under orders for India.

The whole of the disposable men belonging to the
Woolwich division of Royal Marines were on Sa-
turday mustered in eommand of Col. Stransham in
the barrack square, to witness the presentation of
a silver medal and a £5 gratuity, for long service
and good conduct, to James Harvey, a private- in
the 28th company of the division at Woolwich, who
has recently disembarked from her Majesty's ship
Hecla Commander Elphinstone D'O. D'A. Aplin,
late on service on the coast of Africa. To facilitate
the enlistment of the 5,000 men required by the
corps of Royal Marines, the Lords of the Admiralty
have directed that the standard for recruits shall be
reduced to sft. sin, for growing lads from 18 to 20
years of age, and sft. for men over that age.

THE ARMSTRONG GUN.

(From the Mechanics' Magazine.)

The Government are exercising unwonted care
in keeping the nature of Mr. Armstrong's gun a
secret. They have suppressed his application for a
patent, and are about to bring a bill into Parlia-
ment to justify that proceeding, the Patent Law
Amendment Act of 1852 making no provision for
it. If we believed it possible for them to prevent
foreign Governments from learning all about it we
would support them in their course, and would wil-
lingly refrain from divulging what we know re-
specting it. But that is not possible.. There is
always plenty of French and Russian money to be
had in this country for secrets of far less import-
ance than this • and if there were not, we know
perfectly well that our own Government often make
great pretences of secrecy to the British public,but
at the same time are as communicative to foreigners
as they can desire. Knowing these things, we view
all official attempts to suppress information in this
country as a challenge to the press ; and we feel
some pride now, as on all other such occasions, in
showing the British press can do as much for the
British public, in the way of obtaining information,
as bribery can do for foreigners. It was publicly
stated last week, by a newspaper correspondent,
that the secret of this gun is out, and has been for
weeks ; but we have as yet met with no public de-
tailed description of the Armstrong gun ; and, if
the writer himself had been in possession of it, he
would not, we presume, have evaded it altogether.
Judging from the refusals we have ourselves met
with, we believe no unofficial person will have had
easy access to the information in question. There
are, however, means of penetrating all such barriers
as a Government like ours can raise ; and the fol-
lowing. statement will show that the precautions
taken in this case have proved insufficient. Instead
of being cast like ordinary cannon—or formed of
several longitudinal pieces like the IN hitworth can-
non—or of a hooped or wire-bound tube as proposed
by Capt. Blakely, Mr. Mallet, and others—the new
gun is formed of an internal steel tube, bound over
with strips of rollediron laid on spirally, somewhat
after the fashion of small arm barrels, the alternate
strips being laid in opposite directions, so that the
joints may cross each other, or, in other words, so
as to " break joint." This system of construction
is, of course, expensive, but it gives great strength
with a very small quantity of metal. The internal
steel tube is rifled in a very peculiar manner. In-
stead of having two, three, or four grooves, like or-
dinary rifled guns—or being formed with an oval
bore like that employed by Mr. Lancaster, or with
a polygonal bore, as in the Whitworth system—it
has a large number of small grooves close to each
other, no less than 40, we believe, in a gun of 21 in.
bore. The shot or shell Mr. Armstrong usually
makes of cast-iron, of about three diameters in
length, and covers it entirely over with thin lead,
so that it may readily conform itself to the rifled
interior of the bore when forced forward by the
explosion of the charge. Provision for loading the
gun at the breech is made by cutting a slot near
the breech end down from the upper side into the
bore, of a sufficient length to admit the elongated
projectile and the charge of powder, and of a
breadth slightly greater than the diameter of the
bore. The bore itself is slightly enlarged where it
opens into the space formed by cutting out the slot,
in order that the projectile and powder, after being
lowered into the slot, may be easily pressed forward
by hand or other means into the bore. In order to
close the space formed by the slot after the gun is
charged, a moveable breech-piece is formed to fit
into it, and is furnished with two handles, by means
of which it may be lifted out and dropped into its
place as required. This breech-piece has fitted to
its front face a facet of copper, a portion of which
projects slightly, so as to form a disc which,
when the breech-piece is forced a little forward,
will enter the bore behind the charge, and by
its expansion at the moment of explosion prevent
all escape of gas. The slight forcing forward of
the breech-piece is effected by means of a strong
screw passing in through the extreme breech of the

gun, and pressing against the rear end of the breech.
_ - - - - - -- -

piece. This screwisturned by a hand lever. The fore
end of the breech-piece is bored out at the centre, the
bore extending through the copper disc, and into
this bore is placed at the time of loading a small
discharging cartridge. The "touch-hole," or hole
for the detonating plug, is formed in the breech-
piece, passing down from its upper side into its bore;
so that when the piece is to be discharged the
detonating cap or plug is struck, the small dis-
charging cartridge is thereby fired, and its fire is
instantaneously communicated to the main cart-
ridge in the bore of the gun itself. With his shells
Mr. Armstrong uses a percussion fuse of his inven-
tion for causing the shell to burst on striking an
object, in case the striking takes place before the
time-fuse has operated. This percussion fuse has
been already described in our pages, but may fitly
be again referred to here. In a cylindrical case
within the shell Mr. Armstrong fixes a weight or
striker, by means of a pin passing through it and
the sides of the case. This pin is cut or broken by
the shock which the projectile receives in the gun
at the instant of firing, and the striker being thus
liberated recedes to the rear end of the case, and
there remains until the velocity of the shell is
checked by coming into contact with some object.
When this takes place, the striker, not participat-
ing in the retardation of the shell, advances in the
case, and causes a patch of detonating composition
to be carried suddenly against a fixed point, which
fires the composition and ignites the bursting
charge in the shell.
Let us now glance at some of the effects which
the introduction of the Armstrong gun is likely to
produce ; and, as the advantages which a light long-
range gun must possess as a military weapon will
be pretty evident to every one, let us regard it more
particularly in its relations to naval warfare. Ex-
periments have already shown that a 32-pounder
gun, constructed upon Mr. Armstrong's system, has
a greater range and fires with greater accuracy
than any. gun at present in use in the navy ; and
yet, while the former weighs but 26cwt., the pre-
sent 68-pounder weighs no less than 95cwt. We
may therefore at once reduce the weight of our
naval guns by nearly three-fourths, without im-
pairing their range or aim. This would enormously
increase the facility of handling them, and there-
fore leave us free to greatly reduce the number of
men employed to work them. Again, with
the breech-loading arm it would probably be
found possible to get rid of the running out and in
of the gun while in action, by counteracting the
recoil in some suitable way ; and for this rea-
son, also, the number of men required to work
them might be very much below the present staff.
Again, both the bore and the thickness of metal of
the gun being greatly reduced, the external dia-
meter of the gun will be so small that very small
ports only would be necessary, and this would add
materially to the safety of the gunners, especially
in close action. Another advantage might be gained
in the use of certain guns, particularly the bow-
chase guns, on board ship. -It is always a matter
of great difficulty to give such a form to the ship
that the muzzles of these may, when the guns are
17islinotut, project sufficiently far to carry the fire of
the
setxrpoeenrxgipe snlheeoesildol.n is clear of the vessel. • With the long,
slight Armstrong gun this difficulty would not be
But, onthe othreedrhafnor destructived,theArm-
effect, with the round shells now u, for
in the navy.
The charge of powder which it contains is far too
small for this. Nor dothase Asorminsetrsounpgpopsreo.jecittilies
penetrate thick iron plates,
found to have but little effect upon them, and this
wrehiyusbtotnhowthseo Fanrexnieensh afnodr
Eisnpgrloisbhabolycno,enrenmreaenstosna
the construction of iromplatedshipstohfewAard,mifi such
r.
can be successfully devised, That
alty
have the means of penetrating iron plates we are
prepared confidently to state ; but the Armstrong
gun is not the gun they would use for the purpose.
And before we conclude we would explain that
there is no magic about the peculiar combination of
parts which we have explained in describing the
successgun.
a n n ofe
rin which
the depends
theprojectile is
solelyp n
the efficient Them
caused to fill and fit the bore of the piece. This
cannonac e urac.y
tnhe ybe ebe
echo-
lbetaadi ne
red s, ihne
wmeuvze zr ei-tl o
iasd inn
ogt
difficult to secure. Any well-constructed breech-
loading cannon would give good results;
has
although
Mr. Armstrong's lead-coated projectile
un-
doubtedly great advantages. Whether the contact
of the two metals will deteriorate the projectiles, if
kept in store long, has yet to be seen.
As for the Napoleon 'field-piece, of which the
Emperor has 200 already completed for the Impe-
rial Guard, we do not believe it will at all ap-
proach the Armstrong piece in merit of any kind.
It is merely a two-grooved, 4-pounder-bore piece,
with round shell made to fit the grooves,

DREADFUL RAILWAY ACCIDENT AT
LEAMINGTON PRIORS.

THREE PERSONS KILLED.
LEAMINGTON, SATURDAY.

A sad and fatal accident has just occurred about
half a mile from the town, on the loop line of rail-
way between Rugby and Leamington. The down-
train, which was due here at 10.25 a.m., consisted
of the engine and a tender, a break-van, a second-
class, a mixed, and a first-class carriage, a horse-:
box, and the guard's van. The accident hap-
pened just after leaving the Radford-bridge, where
occurs one of those sources of danger, a double
curve, somewhat like the letter S.
From the statement of one of the survivors, it
appears, that on reaching 150 yards from this curve
some premonitory symptoms were indicated by the
jumping" of the engine, when the attention of the
driver was drawn to the factthat one of the springs
supporting the locomotive was broken. The steam
was then let off,' when the engine began to displace
or break the chairs, and turn up the rails for about
50 yards. The engine, with the tender, ran off the
line, down the embankment, through the fence, and
embedded itself in a ploughed field belonging to
Mr. J. Stanley. There were four persons on the en-
gine and tender, two of whom, an engine-driver and
stoker, were killed on the spot, and a third, another
stoker, died on being taken into the Warneford
Hospital.

The manner in which the men met with their
death seems most singular. On the engine and ten-
der rushing down the embankment, the draw rod
and coupling irons were wrenched out or broken
from the first carriage after the tender, which ap-
peared to have been turned completely round with
the shock, as it lay with its head portion facing the
end of the train. The carriages on the top of the
embankment ran forward until the fourth carriage
eame abreast of the engine and tender, when they
all fell over, and the fourth carriage capsized on to
the engine and tender. Henry Kite, the stoker,
was caught by the left leg and arm, between this
carriage and the engine, the body lying on ,the fire
box. The arm of the poor fellow was literally torn
off. Another engineman, named, Pilkington, a fine
fellow, 22 years of age, was also jammed between
the carriages, and his back broken by the force and
weight of the mass lying upon him. On being re-
leased from this position the upper portion of his
body fell over. The driver, George Ricketts, was
killed on the spot, and leaves a wife and one child
at Coventry to regret his loss. But the second
stoker lay for some time crying for help, being
scalded by steam as well as crushed, but, though
alive when removed, died on reaching the hospital.
The passengers,'during the moment of excitement,
scrambled through the doors of the carriages, which
now formed the roof, as every carriage was more or
less upset. The first and fourth were turned com-
pletely over, the former on its right side, and the
latter on its left—caused apparently by the sudden
fall in the embankment through being ploughed up
by the engine and tender. The front of the break
van was completely shattered, the end of the second
was also sent in by the shock.
The passengers were not much injured, and were
enabled to proceed to the town or the station, to
be sent forward to their destination.

The bodies of the two men killed were conveyed
on trucks to the Town-hall, and that of the stoker
lies at the Warneford Hospital, waiting the coro-
ner's inquest, which will be held this day (Monday).

GREAT FIRE AT LISSON-GROVE.

LA TV INTELLIGENCE.—Feb. 26.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius, before Lord Campbell and
a Special Jury.)

THE WESTERN BANK OF SCOTLAND V. NEEDELL

Mr. Bovill and Mr. Murray conducted the case o:
the bank, and Mr. Wylde and Mr. Aspland that o:
the defendant.

The action was brought to recover £17,171 14s.
9d. upon 14 bills of exchange discounted by the
bank between January, 1856 and. April, 1857, for
the firm of John Monteith and f Glasgow,
and of which firm they alleged the Co.,defendant, Mr.
Needell, a gentleman of fortune, who had carried
on business up to 1850 as a calico printer in Lon-
don, and resided at Kingston Russell-house, Brid-
port, Dorset, was a partner, or had been a partner,
and had never publicly notified his withdrawal. It
would, therefore, follow thatlas John Monteith and
Co. when made bankrupt on the 7th of November,
1857, owed the bank, which stopped payment two
days afterwards, no less a sum than £446,000, the
question of Mr. Needell's partnership involved that
gentleman's liability for the whole amount, and
not merely for the £17,000, the subject of the
action.

The case of the bank rested entirely on the evi
dente of one witness.

Mr. Taylor), who said he was assistant-manager
of the bank from November, 1852, to the end of
1854, and manager from that time to the 15th of
October, 1857, the bank stopping payment on the
9th of November following. The firm of John
Monteith and Co., calico printers of Glasgow, kept
an account with the bank, and had large dealings
by way of discount. He frequently saw Mr. John
Monteith, who conducted the business. Mr. Needell
was an individual shareholder in the bank ; but on
the 17th of February; 1853, he transferred 72
shares for £5,406 16s. Bd. to John Monteith and
Co., consisting of John Monteith and John Hodder
Needell, pirtners, and those shares remained so re-
gistered as belonging to the firm of John Monteith
and Co. In the early part of 1855 the firm, being
largely indebted to the bank, executed a mortgage
of some machinery and stock-in-trade to the bank,
and the defendant signed it. There was a firm,
John and Henry Monteith, of Hayfield, in Derby-
shire, consisting of John Monteith and his younger
brother ; but witness was told distincly by John
Monteith that defendant had nothing to do with
that concern. 'ln August, 1857, he saw defendant
in Glasgow two or three times. He called on
witness with reference to the affairs of John
Monteith and Co., of which firm he be-
lieved defendant to be a partner, and in that
capacity spoke freely to him on the subject. Mr.
Needell said that he had not taken any particular
charge of the business for the last year or two, and
he did not know the position of the firm. Witness
urged him to look more minutely into the affairs of
the firm, and for that purpose recommended that
he should come for a short time and reside in Glas-
gow. Witness rather pressed him on the necessity
of raising more capital to carry on the business.
Defendant said he would use his efforts to do so. It
was then arranged that the defendant. should raise
£3,000 or £4,000 by bills on the firm of Lupton
and Co. Mr. Lupton was Mr. Needell's father••in-
law. Two or three bills for £4,000 in all were
drawn on Lupton and Co., and carried to the credit
of John Monteith and Co. On the 15th Aug., 1857,
witness received a letter from Mr. Needell in these
terms :

" Dear sir,—The enclosed will show yell that we have
plenty of funds coming in for our engagements next week,
which are very light'indeed. Mr. Monteith will be home on
Monday, when I will take care to come to a definite under-
standing with him as to :the way the business must be con-
ducted in future. I find that a great deal has been put right
for you during the last three months, and if you wish us to
go on and do so, we must have money for the bill of £.521
145., due to-day at the Union Bank. The other we can
manage without troubling you.

" J. H. NEEDELL."

There was a kind of postscript
" There is no possibility of managing this £520 odd in
any other way, and the bill must not be allowed to lie over
on any account. The Union have a rule that when a bill
is not paid duly at maturity, I believe, they never take an-
other from the same parties.
Witness never had notice of the retirement of Mr.
Needell from the firm of John Monteith and Co.
Cross-examined—Witness had heard of Mr.
Needell's retirement since the bankruptcy of John
Monteith and Co. for the first time. Would swear
that he did not suggest to John Monteith the for-
mation of the firm of John and Henry Monteith, of
Hayfield, for the purpose of John Monteith and
Co. drawing on the new firm and the bank
discounting the bills. That result did follow.
Witness would swear positively that John
Monteith did not tell him that the part-
nership of Mr. Needell expired at the end of 1855.
To the best of his recollection he did not ask John
Monteith whether he had given Mr. Needell a
written release. John Monteith did not tell wit-
ness that he did not, and witness did not exact any
promise from him that he would not give a written
release without letting him know. Witness did
not say that he did not care for the contract having
ceased. Witness did recollect Mr. Monteith telling
him that Mr. Needell was not connected with the
firm of J. and H. Monteith, of Hayfield, but that he
continued to .be connected with the firm of John
Monteith and Co., of Glasgow. Witness under-
stood that Mr. Needell had acquired considerable
property by the death of an uncle, and desired to
make that property available for the indebtedness
of Monteith and Co. When the bank stopped there
was a liability on bills of J. and H. Monteith to
the extent of £50,000 or £60,000.
Mr. Wylde, in addressing the jury for the de-
fendant, said it was no part of his case to show that
Mr. Needell was never in partnership with Mr.
John Monteith, but he should satisfy the jury that,
as a fact, the partnership ceased on the 31st of
December, 1855 ; and then the only question would
be whether knowledge of its termination was
brought home to Mr. Taylor, the manager of the
bank.

The answers of John Monteith to interrogato-
ries, when examined under a commission in Paris,
were read. The chief points were denied ill the
cross-examination of Mr. Taylor ; but, in addition,
the deponent swore that at one interview in 1856
Mr. Taylor said he did not wish it to be known
that the contract of partnership with Ncedell had
ceased, and that, in the presence of the directors of
the bank, Mr. Taylor, in May, 1857, urged de-
ponent to get another partner in Mr. Needell's
place.
Mr. John Hodder Needell, the defendant, said he
entered into partnership with Mr. John Monteith
at the end of 1848. The firm was J. Monteith
and Co." in Glasgow' and " J. H. Needell and Co."
in London. In 1850 he ceased to transact any
business, and the firm of "J. H. Needell and Co.'
ceased to exist. He retired to live in the country,
but remained a partner in the firm of " J. Monteith
and Co." In 1852 a new arrangement was made
between him and John Monteith, and a-deed exe-
cuted on the 12th of Nov., 1852, by which trade
was agreed to be continued for a further term of
three years from the Ist of Jan. following, Mon-
teith taking two-thirds of the profits and witness
the remaining third. Accordingly the partner-
ship expired on the Ist of January, 1856. One of
the terms of the deed was that the books should be
balanced on the Ist of July in every year. That
was done in 1853, but not afterwards. The shares
were transferred, in accordance with one of the
terms of the deed. In January, 1856, witness went
to Glasgow on purpose to get a settlement with
Monteith ; but Monteith asked him to wait until
July, and it should make no difference. In July or
August, 1856, witness went again to Glasgow and
pressed Monteith for a settlement. He showed the
books, and he said the stock had been taken, but
the balance had not been arrived at. He said again
that it should make no difference to witness, and
that he should have his money, although no balance
had been arrived at. Witness did receive some
money on account of what was due to him on the
partnership to December, 1855. Ho went again in
Decembei, 1856, or January, 1857, and again Mon-
teith came to no settlement. Up tothe end of 1856
the works at Hayfield belonged to witness's firm of
"J. Monteith and Co." In August, 1857, witness
went again to Glasgow, and saw Monteith on the
same subject. Ho said he wished to draw out
£3,000 and place it in the firm of Lupton and Co.,
Mr. Lupton being his father-in-law. Monteith
asked if bills would not do. He said if he could
not get the money he thought bills might do. No
arrangement was made then as to drawing the
bills, and he went to the Highlands. In three or
four days he feturned, but did not see Monteith
again. He saw Mr. Taylor, in consequence of Mr.
Taylor sending for him respecting some bills drawn
by John Monteith. He went to the bank and saw
Mr. Taylor for the first time in his life. Taylor
made some remark about the bills, and he made
answer, "I ceased to be a parner at the end of
would hold
1855."
Ta
Y.ll D r said, " I do not know about that.
That is a legal question," and went, on to say he
fitness liable, or words to that effect.
Taylor told him there were £4,000 worth of bills
sent to the 'lank by J. Monteith and Co., drawn on
Lupton and Co which were refused acceptance.
He expressed his surprise at the bills having been
sent in unaccepted, and said that ho did not
expect £2,600 would be accepted. There were
two bills, one for £1,400, and one for £2,600.
Taylor we't on to speak of its being a very
serious matter that Monteith's account should
be so much overdrawn, and said, " Why don't
you come down to look after the business ?"

He told hJn, in reply-, that his ' engagenients
were in fgrieultural pursuits in the West of
England, and he had no right to interfere. He
said he would try to get Lupton to accept for

£3,000, and no more. • He made no further agree-
meat with Taylor to reduce the, amount due by
Monteith and Co. The bill for £2,600 was re-
turned unaccepted, and he agreed to get Lupton
and Co. to accept another bill for £1,600, besides
the one for £1,400. Taylor said Monteith had had
the money, and witness expressed his surpise that
the bank should advance money on bills before they
were accepted. He recollected circumstances under
which he signed the letter of the 15th of August.
It was written and indited by David Murray,
cashier to John Monteith. During Monteith's
absence, Murray came to him and said he was
pressed by Taylor for money to pay a bill, and it
was useless his writing to Taylor himself. Murray
then wrote the note, and placed it before him for
signature, saying that if he refused Monteith must
stop payment. He read the note, and very reluc-
tantly signed it. He saw' Taylor again, and said
the same thing as before, that he would do his best
to get the £3,000 accepted by Lupton and Co.
Lupton and Co. only accepted the £1,400 bill, and
Monteith hadi the benefit, as it was carried to his
account at the bank.
Cross-examined—Witness received upwards of
100 in 1856 from Monteith, and in 1857 perhaps
£3OO or £4OO. His belief was,' but he could not
swear, that it was £l,OOO in 1857. He had
arranged with his father-in-law's partner, previous
to going to Glasgow in August, 1857, about draw-
ing the bills on Lupton and Co., by Monteith and
Co., for £3,000.
Re-examined—There was a balance struck in
1853, and above £2,000 was coming to him then.
He expected to receive £lO,OOO up to the end of
the partnership in 1855, as the books showed a
profit of L 20,000 a-year. Up to the end of 1855 he
had every reason to suppose the business was very
profitable indeed. - ' -
Lord'Campbell read over the letter of the 15thnf
August, 1857, called the defendant's attention par-
ticularly to the wording as of a partner in the con-
cern, and asked whether he had any further expla-
nation to offer of his signing after reading it.
Mr. Needell could only say that it was done under
the excitement of the moment, and the pressure of
Monteith's clerk, The wording was not his. That
was Mr. Murray's. It was all Mr. Murray's doing.
Mr. David Murray, the cashier of Mr. John Mon-
teith, said he accompanied Mr. Needell to the bank
the first time that defendant ever saw Mr. Taylor.
Mr. Taylor said he was very glad to see Mr.
Needell. He had been anxious for a long time to
see him, as he had been very desirous of talking to
him about the affairs of John Monteith and Co. Mr.
Needell said he was not a partner in that firm. Mr.
Taylor said,—" We were not to know that. We
look upon you as a partner and we hold you as such.
It is best to be plain with you." They then began
• talking about Lupton and Co.'s bills, and Mr.
Needell expressed very much surprise at Mr. Taylor
having given money for the bills unaccepted. He
promised, however, that he would get £3,000 ac-
cepted by Lupton and Co. Witness believed that
Mr. Needell mentioned the time when the partner-
ship expired. He wrote the letter of the 15th Aug.,
1857, which Mr. Needell signed. No one had told
him what to write. He indited it himself. He took
it up to Mr. Needell, who objected to sign it. He
said he could not get any money from Mr. Taylor ;
he had tried all he could, and as there were bills to
pay, unless he had money the concern must stop
payment that day. Mr. Needell read the letter and
ultimately signed it.
Mr. Henry Monteith said he was a member of the
firm of John and Henry Monteith, which was
formed in -Feb., 1856. It was put into writing.
He went to Mr. Taylor before, and asked whether
he was satisfied that witness should become a part-
ner in the concern. Mr. Taylor said he had no
objection. Witness said he was going that night to
Manchester, in order to satisfy himself that the
property was at Hayfield, near Manchester, as re-
presented. Mr. Taylor approved the step. On his re-
turn he took the deed of partnership to Mr.
Taylor to know if there was anything to be added to
it. Mr. Taylor said he was too busy to look over it,
but if witness was satisfied he dared say it was all
right. Subsequently Mr. Taylor saw the deed after it
was-executed, with the inventory, and bills to the
amount of £15,000 were handed over to him at the
same time. Witness brought no capital into the
concern, and had drawn out £2OO or £3OO only.
The firm at Hayfield was indebted £60,000 to the
bank.
Mr. Wylde, in summing up the defence, sug-
gested that the letter of the 15th of August, 1857,
was drawn up by a clerk in the usual language of
a firm, and signed by Mr. Needell, in an unguarded
moment, under the fear that Monteith and Co.
would stop payment, in which, of course, he was
deeply interested.
Mr. Bovill replied for the phintiff.
Lord Campbell left it to the jury to say whether
Mr. Needell held himself out to be a partner in the
firm of John Monteith and Co., of Glasgow, at the
time these 'bills of exchange were negotiated—viz.,
between January, 1856, and the 20th of April,
1857. It was admitted that the defendant was a
partner ; that he had never given public notice of
his having ceased to be a partner, as every prudent
man should do, and that he had not given any such
written 'notice to the bank. The defendant relied
on verbal notice to the manager of the bank, but
that was distinctly denied by Mr. Taylor. The
most important evidence was as to what took place
on the 15th of August, 1857, when the letter was
written by the cashier of John Monteith, read over
by the defendant, and signed by him.
The jury retired for a 'quarter of an hour and
then returned a verdict for the plaintiff.
THE STATE OF THE COURT AT GUILDHALL.

In the course of the trial of the above cause, Lord
Campbell noticed the unseemly attitude of the
defendant, standing with his back to the Judge and
leaning over the first row, where the Queen's
Counsel sit.
The attorney explained that he was taking notes
of the evidence in the temporary absence of the
leading counsel, and as there was no table provided
for the attorneys he was obliged to stand and write.
He was very glad of the opportunity of noticing to
his lordship the fact that in no other court were
the attorneys left without the accommodation of a
desk or table.
Lord Campbell said he quite concurred in the
j astice.of the complaint, and he supposed that if it
were noticed in the usual manner something would
be done to remedy it.
The next case was not concluded at 5 o'clock,
when the Court was adjourned until Monday.
SECOND COURT.

(Sittings at Nisi •Prius, at Guildhall, before Mr,
Baron Bramwell, and a Common Jury.)
PAGET V. BOTTOMLEY.

This was an action brought to recover damages
fOi• an alleged slander. The, defendant pleaded
not guilty.
Mr. 0. B. C. Harrison appeared for the plaintiff;
Mr. Henry James represented the defendant.
It appeared from the plaintiff's case that the
parties were housekeepers at 55, Broad-street.
City, and, a letter containing bills of exchange
having been missed from a room under the control
of the defendant, she made use of the words com-
plained of—namely, " No doubt that the woman
up-stairs has taken it, and has given it to her friend
the Frenchman."

At the conclusion of the plaintiffs case Mr. James
submitted that the words used did not amount to a
slander. •

Mr. Baron Bramwell—l have very considerable
doubt whether they do, and it is very singular that
there is no case upon the subject. It seems to me
if any person- states the conclusion at which, upon
certain facts, he has arrived he is not guilty of
slander. However, Mr. James, you had better go
to the jury. This is a sort of make-believe action,
for if one party recovers she gets nothing, and
about a few paltry words which no one believed
costs have been incurred amounting to upwards of
£lOO. I must say it is a scandalous action.
The learned Counsel having then addressed the
jury on behalf of their respective clients,
His Lordship summed up.
The jury asked what amount of damages would
carry costs.
Mr. Baron. Bramwell said he was not sure that

he ought to tell them if they were going to make a
bad use of the information, as they would do if
they allowed their verdict to be influenced by it.
However, Lord Campbell had said that it was a
part of the law of the land, and, therefore, a jury
should be made acquainted with it. The amount
of damages which would carry costs was 40s.
The jury returned a verdict for the plaintiff,
damages one shilling.