The Sun.
London, England, 1861-05-15 00:00:00

BRTIISH POSSESSIONS.

LA lir INTELLIGENCE—(This Day).

Closing
Price.

Larej Railways.

Paid.

lusiness done

EXCHEQUER CHAMBER.

65 68
95 96

'Sittings in Error, before Lord Clief Justice Cockburn.
and Justices Williams, Crompton Willes, Hill, Byles,'
and Keating.)

SWINITS V. BACO'.

41 51 d

7
75 80
05 70
65 70
5 61

The contention raised was whethm the tenant was un-
lawfully and wilfully holding over posassion of his tenancy,
after notice given, against his landhdy, contrary to the
statute.

Mr. Kennedy resumed his argumeit for the plaintiff,
Mrs. Swinfen, and maintained that tlere was, in this in-
stance, a wilful and malicious holding ever possession after
due notice given to quit, and of the phintiff's title to the
lands in question, and read several Acts )f Parliament, and
cited several decisions in support of hisargument to that
effect.

Lord Chief Justice Cockburn observd, that if Mrs.
Swinfon had been a party to the compomise, and if the
compromise had been held good, her notto to the tenant to
quit would not have been held good, because she had
parted with her interest in the lands, but, as it did not take
effect her title reverted to her, and the c_uestion raised is
whether the notice to quit is good, and whether there was
a wilful holding over of the property as against her, the de-
fendant believing that under the coiaproinisr she had no
title, and that the title to the lands was in another person.

Mr. Kennedy submitted that there was a demise of th
property to her, and by the compromise she had not lost
her right, therefore her notice to the tenant tc quit was
good, and that he had incurred the penalties of the statute
by holding over after due notice given to quit.
The arguments arc not yet concluded.

COURT OF DIVORCE.
(Before the Judge Ordinary.)

THE LATE ARISTOCRATIC SCANDAL.—Dnumy.om (COM-
MONLY CALLED VISCOUNTESS FORTH) V. DRUMMOND

(COMMONLY CALLED VISCOUNT FORTII).—JIDGMENT.
In this case, the facts of which have been aready fully
reported, the point at issue being whether thi petitioner
was entitled to a judicial separation, she having )een proved
to have committed adultery with a person naned Boring,
with whom she went to America, subsequent ~ce the filing
of the petition. The case, it will probably be remembered,
came on for argument on WednesJay last uron an appli-
cation by the petitioner to be allowed to give additional
evidence, in order to disprove the alleged charge of
collusion with the respondent, her husband. The
Queen's Proctor, through the instrumentality of the Attor-
ney-General, intervened, and from the information he had
received was induced to plead, and the application on the
part of the petitioner that additional evidence might be
given was refused. The Attorney-General contended that
according to ecclesiastical law parties in sari della° could
not be held as entitled to the relief prayed for, and he ap-
plied to have the petition dismissal.
The case being the first of the lind under the statute, the
Judge Ordinary adjourned his judgment until this morn-
ing, when his lordshipdecided asfollows :
After recapitulating the facts, Ye said that ho knew of no
case where any party, suing fcr matrimonial relief, had
been guilty of adultery, in wheh such relief was to be
given, if that adultery had been dearly proved to have been
or at all. That
ilienutthtoe ethaseePorfcePeredocintogrBv). Proctor, where
hcoaidnmbeitetneddseuebidseedq
the same circumstances had Ifeel proved ; and as the peti-
tioner in the suit now before the Court had herself proved
that she had been guilty of adu tery, she was not entitled
to any relief in a matrimonial cause for judicial separation
or divorce. He must therefore dismiss the petition.

-VINEGAR WORKS.

EXTRAORDINARY DISCLOSURES RE-
SPECTING SERMONS 6. BISHOPS' CHARGES.

At the Sheriffs' Court yesterday was tried before Mr.
Kerr, the case of Rogers v. Havergal. The plaintiff is a
retired Cergyman, and the defendant is the Vicar of Cople
Vicarage, in Bedford.
Mr. Hudson, of Fenchureh•street Buildings, stated for
the plaintiff that the action was brought to recover £2 10s.
for 20 sermons sold and delivered to defendant.
Mr. Marchmont, agent to the plaintiff, stated that de-
fendant ordered upon the 27th April, 18.59, a sermon upon
" the Thanksgiving for the Termination of the Indian
War," price 2s 6d. This was sent, and subsequently de-
fendant wrote for copy of sermons, and 20 were sent upon
general subjects. Since then defendant wrote for a special
sermon upon the re-opening of his church, and for this he
paid £l.

A number of letters were read by Mr. Hudson, and in
one defendant was surprised that so many sermons had
been sent, but " ho would lock them over, and keep what
suited him." (Laughter.) The letters provoked great
laughter and surprise, such phrases as " Stock sermons,"
" What have you in stock," and " send me so and so,"
occurring so frequently, that his Honour called the business
a " sermon manufactory."

Plaintiff's agent remarked that many clergyman had four
or five sermons a week to preach, besides Bible classes, and
it was impossible to give original sermons. The sermons
were lithographed in sets of 30. (Laughter.)
His Honour—Then, if I went into two or three ofrarc.Lca
on ono Sunday I might stand the chance of hearing the
same sermon at each 1 (Laughter.).
Pl'"

laintiff's agent—Precisely.
In answer to the claim defendant produced a circular sent
co him by plaintiff, and contended that he had returned the
sermons. _ _

331 3:i

rV
A desultory conversation ensued, and plaintiff's agent
41—i- cAtehed all prices, and some as high
His Honour—What sermons fetch £5 5s ?

11}
si 9 Si

Mr. Marchmont—A bishop's charge or an. archdeacon's
address?

His Honour—Do you manufacture bishops' charges ?
Witness—l can produce a man who has written them.
His Honour—What woald a sermon before the Lord
Mayor cost ?
5i Witness—From £3 3s. to £5 55.

all
1
10s.
all
all

gin 51
I

His Honour (to Mr. Hutson, who is a Common Council-
man)—there is no knowing where our sermons come
from. (Much laughter.)
Mr. Hudson—l was not aware of it till to-day.
Defendant then urged teat he had returned the sermons,
and complained of the price, but it was shown that ho had
paid 10e. into court for foir, thereby admitting tho price;
that he had kept the sermons for a very long time ; and
that plaintiff had not received them back even now. De-
fendant said that oven in the case of the sermons, paid for
he had to rewrite:them bfore he could preach them.
His Honour—Perhaps you picked out the tit bits.
(Much laughter.) I mut hold that you did net return
the goods within a roasoisable time, and find for the plain-
tiff for the full amount, wih costs of attorney.

POLICE INTEL;IGENCE.—( This Day.)

MARLBOROUGH-STREET.

AN OLD TRICK RE IVED.—Joseph Williams was
charged with the follow artful fraud :—Ralph Ingram
Newton, a stone mason,living at 25, Lewisham-street,
Westminster (and who irmed a striking contrast to the
prisoner, having a freshand ruddy look, evidently just
from the country, while he prisoner was a dirty dissipated
looking fellow), said that !erne days ago the prisoner met
him in the neighbourh”d of Leicester-square, and asked
him to buy a golf cheat. seying he wanted 50s. for it. Ho
told the prisoner ho did not want it, but the prisoner
returned to him and said he would let him
have it for 12s. aui his silver chain. He told the
prisoner ho did not wnt it and prisoner then said he should
have it for 125., and ci la's representing that it was gold he
bought it. He afternrcs found that it was only brass.
Yesterday, seeing the ma in a public-house, he spoke to
him, and he ran out, but e pursued and captured him.
Prisoner—Did I not salhat it had been stolen ?
Prosecutor—No, you dinot.

A. jeweller said that thatain was nut worth morn +4,..n.
35., and if gold it would hro been worth £3 or £l. There
was no gold whatever in t) chain.
The prisoner, who saiche did not know but that the
chain was gold, was then unmated for trial.
ROBBERY AT A JEWEE:R'S BY CIIILDREN.—T Wo little
boys, named Knight andd`Grath, were charged before
Mr. Tyrwhitt with stealina gold chain of the value of 355.
from the shop of Mr. Lisbcrg, jeweller, 322, Oxford-

street.
William Furneaux, assiant to Mr. Lansberg, said that
on the previous evening lwas putting some chains in the
window when he saw the isouer M'Grath leave the shop,
and directly after miss& (10 of the chains from the counter.
Frederick Sturn, amber assistant, said that M'Grath
came to the shop that Erning and asked if a piece of brass
chain was gold, and heien recognised him as the boy he
had seen at the shop bo7e.
Charles Harwood, a.stant to Mr. Gedding, pawn-
broker, near Lisson-pc, said the chain was brought by
Knight's mother, who'd her boy had found it, and as he
believed it had been stln, he detained it.
Mr. Tyrwhitt said Thad done quite right.
A constable said the Knight's mother afterwards went
to the prosecutor and Id him all about it. Knight said
he had it from Al‘Grati
M'Grath said that :tight told him to take the chain,
and that his (Knight's;nother would sell it, and give him
money to go to the pla.
Mr.Tyrwhitt said hesiuld remand the boys—the eldest
of whom is nut more tla ten—for a week.

THETTRIN, LONDON, WEDNESDAY' EVENING, MAY 15, 1861.

..~--~:

CITY COMMISSION OF SEWERS.

Yesterday, at a Court of the Commissioners of
Sewers, held at Guildhall, Mr. Deputy Christie in
the chair, Dr. Letheby, the medical officer, reported
on the state of 203 houses that had been inspected
during the week, and ho submitted a list of 59
places for sanitary improvement. He likewise re-
ported that the officers had seized 1,6741 b. of meat
as unfit for human food. Nearly the whole of this
was seized in New-gate-market by Mr. Fisher and
Mr. Newman. 7151ka. of it were diseased, 3581 b.
putrid, and 6011 b. from animals that had died from
natural causes. It consisted of 8 sheep, 1 calf, 1 pig,
16 quarters of beef, besides 17 pigeons, 5 widgeon,
and 1 fowl. The mortality returns are still above
the average for the season. Last week there were
54 deaths in the city, whereas the number for the
corresponding period of the last five years is but 49.
More than half of the deaths were among children
of less than five years of age, and only seven
were among old persons of 60 and upwards. The
chief causes of death were as follows :—Phthisis, 9 ;
pneumonia, 5 ; and bronchitis, 6. Among the zymo-
tic class of diseases there were 13 deaths, viz., 7
from who Oping-cough, 2 from continued fever, 1
from scarlet fever, 2 from diphtheria, and 1 from
diarrhoea. Sixty-eight births were registered dur-
ing the week, of -which number 35 were boys and
33 girls. Dr. Abraham moved that it be referred
to the city solicitor to prosecute the persons con-
cerned in the sale of the diseased and putrid meat
mentioned in the medical officer's report. Mr. Pear-
son, the city solicitor, submitted that if some little
discretion were allowed him in this matter the com-
missioners would proceed gradually, as they were
now doing, to put a stop to this traffic, and that it
would increase the difficulties of conviction if they
were to appear too frequently before the criminal
tribunals. He believed that was also the opi-
nion of the judges before whom such cases had
been tried, who, nevertheless, had commended the
course which the commissioners had already adopted
in all such transactions. Thereupon the motion of
Dr. Abraham was agreed to in a modified form.
Deputy Lott asked Mr. Haywood, the engineer,
when the upper part of Cheapside would be open
for traffic. The greater portion had been quickly
and satisfactorily repaired, but the remainder had
been a week in hand, and omnibuses from the
northern suburbs of London were compelled to go
through the narrow streets on the North of Cheap-
side and the Bank, delayed and obstructed at every
turn by those gigantic nuisances, Chaplin's and
Pickford's vans. SA laugh.) The engineer stated
that the delay had been occasioned by the groat
fall of rain on Saturday which had caused a sink-
ing of the work, but he hoped the whole of Cheap-
side would be open to-morrow (this day). The
Court, after the transaction of some routine busi-
ness, adjourned.

DBSTRUCTION OF GRIMBLE AND CO.'S

, Between one and two o'clock yesterday morning
a fire broke out at Messrs. Grimble's steam vinegar
works, in Cumberland-market, Regent's Park. The
plant occupied a large space of ground, and com-
prised warehouses, stores for grain, houses for vats,
a spacious brewery, and the machinery depots, the
whole running in one direction behind nine houses,
and only terminating at Augustus-street. A fire
raging so furiously amongst so many buildings, it
is hardly necessary to say, caused the utmost excite-
ment amongst the neighbours, and several painful
scenes were witnessed of persons rushing wildly into
the street in their night crothes, bringing with
them their children,
A plentiful supply of water was procured, and
the hand engines were placed in the most command-
ing positions, and at once set into full operation.
The water, however, thrown upon the flames ap-
peared to make scarcely any impression, and the
spacious range of warehouses, the 17 vat-houses,
and the store-rooms, presented one broad sheet of
fire, which kept lapping over the -backs of some
eight or nine other houses in the market, as well as
threatening several more in Augustus street.
The official report of Mr. Braidwood states
" That the warehouses of Messrs. Grimble and Co.,
in Cumberland-market, the store-rooms, and 17
vats, are nearly destroyed ; the offices, the brew-
' houses, and machinery are seriou damaged by
fire, and the back of house scorched and glaps
broken. The contents and buildings were insured
in the Sun Fire-office. The fire was extinguished
by firemen, with engines of the brigade."
Eight other houses were partially damaged.

The Earl and Countess of Harewood and family
come to town to-day from Hareword House, Yorkshire, for
the season.

Reports were in circulation yesterday in the City
0/ tue proutturilb, Of another iwiltOl loan but..they are be-
lieved to be to a certain extent preina.,./...
that, in consequence of the disturbance to the revenue from
the famine, the Government may require between this date
and the sth of April, 1862, about £4,000,000, and Sir
Charles Wood is therefore expected before the session closes
to take a vote authorising that amount. The negotiation of
the loan, supposing it to bo needed, will most likely not
take place until toward the end of the present year. All
vig.so_nnie.etedwith Indian finance will,
of course, dope-1211''p _-

ways may experience in supplying their respectivo wants.
An extraordinary case of conspiracy to defraud
by means of a suppositious death came before the magis-
trates at the Dublin police-office on Monday. A Mrs.
Maria Higgins was entitled to a life annuity, payable out
of the Court of Chancery, with power to dispose by will of
the fund in court. In 185 S the husband of this woman
produced a certificate of her death and of her burial in
Glasnevin Cemetery, and also a will, purporting to be made
by her, and in virtue of it a sum of £5OO was drawn out of
the court. Recently the fraud was discovered, and the
coffin, when examined, was found to contain only stones
and rags. A young man named Devereux was implicated
in the fraud. The, case was remanded till Friday.
SHOCKING CASE OF CHILD MURDER DISCOVERED

IN DEAN'S-YARD, WESTMINSTER.—On Monday an inquest,
adjourned from Friday last, was resumed and concluded
before Mr. St. Clair Bedford and a respectable jury, at the
Westminster Hospital, on view of the body of a nowly-boi n
infant, a female, which was found near to Dean's-yard,
Westminster. It appeared from the evidence that on
Tuesday last, as a youth named Lead was passing a pas-
sage leading into College-street from Dean's-yard, he saw a
basket, and spoke to the porter about it. On its being
opened it was found to contain the dead body of a f male
child. The body was removed to the Westminster Hos-
pital, where, on its being seen by Mr. Charles Costello, he
found a piece of tape which had been used for a stay lace
tied tightly round its throat. It was then handed over to
Mr. W. B. Slater, the house surgeon, for a post-mortem
examination. Mr. Slater said that in his opinion the de-
ceased had been alive above 24 hours. Ho found great
congestion of the brain, and there were bruises on the face
and head. There was a deep indentation on the, throat
caused by a ligature being tied tightly round it. The lungs
floated in water, and were fully inflated. He attributed
death to the ligature. Police-constable Grant, 32 B, said
that he and Constable Powley, 223 B, had may every pos-
sible
.inquiry in order to discover who placed the body-
where it was found, but without success. Verdict—Wil-
ful murder against some person or persons unknoVvn.
THE ASHTON STRIKE.—The coal miners at the
extensive colliery at Limehurst, near Ashton-under-Lyne,
held a general meeting in the large room of the Welling-
ton Inn, Oldham-road, on Monday, when the differences
pxisting between the masters and men were fully discussed.
With reference to reduction,
about which the men turned out last week,
.the employers

have agreed not to enforce it, What the workmen met
about was principally in reference to the stoppage of six-
pence from some of the colliers employed in a different
mine to theirs. It was ultimately agreed to resume work,
and all seems now to be satisfactory.