The Sun.
London, England, 1861-01-24 00:00:00

BRITIS H POSSESSIONS.

LAW INTELLIGENCE.-(THIS DAY)

LITERATURE.

Railways. I Paid.

Closing
Price.

flusiness done

Atlantic & St Lawrence
Bom.,Barodadr.Centinl
Gu. 5 per cent..
Do, Do.
Buffalo and L axe Huron)

727 r
92 93
2 li d
4i 5 clj

Do. New _
Do. Preference
Buffalo, Bran t, &Godrich
6 p. et. bds. Aug. 1, 1872
Do. do. July 1, 1873
Do. do. June 1, 1874
Clcutta.&S.Eastn. (Lim)
Cape, Eastn. Prov. (Lim.)
Cape Town & Dock Scrip
Ceylon Gnarantd. 6 p. c
Demerara
Eastn. Bengal gu. 5 p. c
East Indian, gm 5 p. c.
Do. F Shares Ext
Do. Jubbulpore
Do. 41 p c. Debentrs
Do. 5 p. c. Deb., 1864
Geelong & Melbourne
Geelong
.Corporation

6 7
75 80
67 72
65 70
i pr

per cent. Bonds
Grand Trunk of Canada
Do. 6 per cent. Pref
Do. 6 per et. Debentr
Do. 7 per cent. 1862
Do. do. 1867
Do. do. 1872
G t. In diaPenin. gua.sp. c
Do. New gua. 5 p. c
Gt. South.of India (Lim)
guaranteed 5 per cent.
Gt. W. of Canada Shares
Do. New
Do. Bonds pay. '7B, with
opt, till '6O
Do. do. '73 till '6O

Do. do. '73 without opt.
Do. 54 p. c. do. '77 d 0...
Madras, guar., 44 p.
Do. do. 5 per cent ....
Do. 41p. c. Extension
Do. Fourth
Melb.Corp. 6 p. o. Bnds.
Newßrunswick & Canda

SHERIFFS' COURT.

Ry.&Land(Lina.)g.6pcl
Class A Capital Share
Do. do. Land d 0........

Do. do. B Capital d 0...
Do. do. Land do.
Oude (Limited)
Scinde ..........
Do. Punjaub
Do. Do.
Do. Indus. St. Flo. iL
S t.Andrews & Quebec A
Trinidad (Lim.) Scrip..

principle.
A gentleman who attended for Messrs. Johnson, Farqu-
har, and Leech, said that it was as his Honour had said
The bank were anxious to spare plaintiff expense, and he
proposed to adjourn the case, a jury to be summoned mean-
while.
This suggestion was acted upon, no special day being
fixed.

His Honour complimented the legal gentlemen upon
each side upon the manner in which they had conducted
the case, and the proceedings terminated.

POLICE INIELLIGENC.E—(TMs Day).

THE SUN, LONDON, THURSDAY EVENIiia, J.NUARY 24, 1861,

COURT OF PROBATE. THE EARL OF DUNDONALD.
(Before the Judge Ordinary, Mr. Justice Willes, and A)biography of a Seaman. Vol. 11. Bentley.
Baron Channell.) (mot England even now do something towards
ItYVES V. THE ATTORNEY-GENERAL. ;hcapiation of her heinous ingratitude to one of
This was a petition for a declaration of legitimacy by aeatost glorious heroes—Thomas, " Lord Coch-
Mrs, Lavinia Jannetta Horton Ryves, claiming to be re tenth. Earl of Dundonald. It is due to the
Princess of Cumberland and Duchess of Lancaster. It will hour of this country that there should, at least, be
be reraembered that the case was adjourned for the production ms, some posthumous attempt towards this tardy
of the original register of the petitioner's baptism at Liver- aepition of services that have been wholly unre-
pool, which, it was suggested by the Court, with the view wled, services the most signal and the most
of saving expense to the petitioner, could be transmitted by o.endent. It is only too recently and too pain-
the rector to the registrar of this court. The rector refused fr in the recollection of us all, how this incom-
to allow the book to leave his custody fora single hour, and pble vindicator of the glory of England died, at
that ,therefare Mrs. Ryves had sent him a supcena with seat age, in his modest residence at Kensington,
funds to defray the expenses of his journey to town. a was buried not by the nation, not by the ,
Accordingly the book was this morning produced in court. (ernment—no, forsooth, they wanted prece-
e,s for that !—but by his relatives, with the
The petitioner again appeared in person.
Epathy of very many of his countrymen,
General for the Crown.
Mr. Welsby and Mr. Roche represented the Attorney-
bat great national mausoleum, the last resting
The Judge Ordinary, addressingthe petitioner, after Pe.c)f heroes, and of men of genius, that grand old
ley
remains of this wonderful Sea Captain after
down at Westminter. There repose the
having examined the baptismal register, said that the
rtal
Court could come to no other conclusion but that the eti.
close of a life lengthened out beyond the allotted
tioner had proved that her parents were legally married. P'
Of course the Court could not tell what would be the
aals of Great Britain by a series of the most ex-
result of the decision. of man, a life rendered ever memorable in the
.
Mrs. Ryves thanked the Court for their decision. ordinary exploits, and yet—marvellous to reflect
a life embittered by a succession of the most de-
The Judge Ordinary said there was no need of thanks, as arable wrongs, of the most dreadfulindignities,
the duty of the Court was to administer justice. insults the most systematically ignominious and
intumelious. Here was precisely one of
rose men whom (according to the prover-
'ME UNION BANK AND ITS newts—MILLER Y. THE al phrase) King's delight to honour—
UNION BANK. man whose warlike achievements in all parts
Yesterday this action, to recover £ll, one suonth's wages, the world were miracles of audacity—a man
in lieu of notice, plaintiff having been summarily dis- ho again and again had risked life, and limb, and
isinsetlruienctt
missed under very extraordinary circumstances, was eputation in the service of his Sovereign and of his
brought up. Fatherland--and who yet, in spite of all his deeds
and Leech, of Moorgate•street,
,edsbtayteMd
Mr. Lewis, jun., of Ely-place, appeared for the plaintiff. ,f matchless daring, lived for nearly fifty years after
Mr. Henrybank,
isj,afmoresh, e st shrast.
th eJohnson,plaintiff F a rhqatsd. i,nheeglleacstt.of his grand achievements had been accom-
har,been a clerk in the Union Bank for five and a-half years, The anomaly of this great man's life is one of the
In the month of July last he was promoted to "ledger' most astounding problems of Modern History.
clerk, end in that capacity he made an error cf Gs.6d. A What he did for England. and what England did
least the error in the first instance was the for him—we cannot, now that he is dead, recall to
of another clerk, but through inadvertence the slain remembrance without a pang of mingled shame
tiff altered hie book, and BO the error arose; and he and astonizhtztont. Hero—in " Lord Cochrane," for
became 6s. 6d. wrong. Plaintiff endeavoured to trace out that is his veritable historic title, that, ;n truth, is the
the mistake. He stayed at the bank after time, and at lenrai name of terror to our enemies under which his
he thought he had found it out, but ho had not, and
anotier astonishing exploits by sea and by land were ac-
inadvertent alteration was the result. Finally, the nutter complished—here, in very deed, was one of those
came to the knowledge of the manager, who said test matchless weilders of the sword apostrophised by
Pullinger's affair had created such a sensation that ilia Spencer as—
must be reported to the beard. It was reported. All throuth ' "All 'nightie men and dreadful derring doers I"
September plaintiff was continued in his employment, aid Here was a Sea Captain second to no man of whom
at the end of that month he received his salary. Upon tie this world has record, second neither in personal
3d of October he was summarily dismissed, and he het valour nor in genius to command—for the genius
sought at this court redress and justice, and valour of this man were both of them consum-
Plaintiff was called and said that he had been for fro mate. Comparing him to Nelson, the Historian of
years and a half in the bank, and described very fully tie Europe has said, and said quite truly of Lord
nature of the case leading to this action. He derived no Cochrane (vol. ix., p. 335). " Equal to his great
benefit from making the alteration, nor did it put onepenny predecessor in personal gallantry, enthusiastic
in his pocket. Ho had been engaged on the pass-book ardour, and devotion to his country, he was
before he was promoted to the ledger. He had to keep we perhaps his superior in original genius, in-
ledgers, containing GOO account,. ventive power. and inexhaustible resources." If
In cross-examination, plaintiE deposed to his being told Horatio Lord Nelson illustrated, as ho did upon
that, in consequence of Pullinger's frauds, this case mist countless occasions a personal gallantry never to be
be reported. He did alter a customer's balance, but he did surpassed—what shall not be said, too, of Thomas
so entirely by inadvertence. Plaintiff described haling Lord Cochrane's valour—evidenced through inci-
put a star to the alterations, and, after a very long dents like the following :—That a seaman
examination, sitting beside Lord Cochrane in an open boat
Mr. James called the principal lodger clerk, who was of in the Basque Roads being killed by a cannon
opinion a clerk was liable to dismisaal for such an error as ball while in the act of looking through a
that committed by plaintiff. telescope at the French men-of-war—" without
The resolution of the directors, discharging plaintiff saying a word or averting his eye, Coch-
for falsifying the books, &c., was read, and after a rane took the instrument out of the dead man's
"
rather unseemly exhibition which Mr. James with much That hand and completed the observations !
Cap-
severity checked, and which led his Honour to threaten fain Lord Cochrane, with his crew, late of the brig
to clear the Court, Mr. James pointed out that in such a Speedy, being prisoners of war on board the French
line-of-battle ship, the Formidable, during the
case as this the directors of a bank were bound to be very
action between the French and English fleets in
stringent. If this were an inadvertence upon the part of
1801, in the Bay of Algesiras—" at every broad-
plaintiff then the defendants were bound to pay plaintiff his
side the French received from the English these
month's salary, but the evidence went to show it was wilful
brave amen gave three cheers, regardless alike of
Plaintiff would not make anything by the alteration, his,
character was unimpeached, but he might have done it to the threats of instant death from the French
l
save himself trouble. If a civilian assaulted another the y interruptions,
if they continued such unseemly
punishment was slight. If a soldier assaulted his officer the and the obvious danger that they themselves might
li be sent to the bottom by the discharges of their
punishment was death. So in a bank discipline was everything
friends !" Incidents like these, however, are in
and whether it was thousands or shillings the result of
Lord Cochrane's instance, scattered abundantly
error was the same.
through the annals of the Great War. As with the
Mr. Lewis, in a very able speech, said that plaintiff was
anecdotes told of Nelson they are familiar, far and
made the scapegrace of Pullinger's offences. He thought
wide, to his countrymen. They embellish the
if anybody had been wilful it was the directors themselves,
.pages of our history—rendering the volumes of our
who had shut their eyes to the deliberate errors and fraudu-
Naval Annals fit companions to the classic tomes of
lent mistakes made by Pullinger,' and detected the Gs. 6d. Plutarch. Yet it is this man whom we read of
mistake made by plaintiff, and for which they discharged also in those extraordinary annals as the recipient
him. Mr. Lewis confidently expected his Honour's verdict from England in return for his extravagant ex-
in favour of plaintiff, who had served the bank faithfully ants of valour, as the recipient from England (in
for nearly six years, who had made a mistake of 6s. 6d. s
return) only of the cruelest insults and of the most
through being employed in a, to him, new capacity, and infamous punishments. As to his promotion in
who had been discharged summarily for such mistake. any way be looked upon as any token of recompense',
His Honour said no doubt this was an important mattercould hardly in
hisprofession,that in his instance
him in
.
for both parties, and he would reserve his judgment till
to-nay. Every step made by him in his nominal and titular
This morning Mr. Lewis elected to be nonsuited. -- • • • sa --1 Ain sser ise Versles,sl was. his; bv
right—midshipman, lieutenant, commander, post
His honour said his opinion was that this was a case for captain, commodore, rear-admiral, vice-admiral,
a jury. There were matters of fact to be considered, which full &
admiral, until he came to be at last
matters of fact were directly within the province of a jury what he died as, viz,, admiral of the red
On the part of the plaintiff his prospects in life were at a ;Id rear-admiral of England I
d.. Apart from
Stake, while on the part of the bank it was to be decided this his ono sole recompense
how their business was to be conducted. He was sure the the hands whose resplendentgloriess un life,
from
how iussan.
bank did not consider this a matter of money, but one of valour had so wond lenhanced • erousy in both helm-

spheres was—the red ribbon and the grand cross of
the most honourable order of the Bath. The insig-
nia of that order of knighthood was in point of
fact literally the one sole guerdon doled out by
England to Thomas Cochrane, to Lord Cochrane,
to the Earl of Dundonald ! And that—what was
the sequel of the history of the presentation of that
single reward to Lord Dundonald? Why, that it

was torn from him but a very short tine indeed
after its original presentation, that it was torn from
him too with every possible token of indignity,
that the banner on his stall in Westminster Abbey
was pulled down and kicked out of Henry Vll.'s
Chapel as the symbol of a dishonoured knight, that
he was dismissed the service of which he was the
glory and the paragon, that he was deprived of all
rank in the British Navy, pronounced guilty of
fraud and lying and the basest conspiracy, that he
was expelled from the House of Commons, that he
was condemned to pay a fine of £l,OOO, that hewas
imprisoned in the King's Bench as a malefactor,
that he was condemned to stand in the felon's
pillory—and that all this is now known and
proved to have been done wrongfully—Lord Coch-
rane being now known and proved to have been ab-
solutely guiltless of everything of which he was
accused ! Is not this a painful history ? Are not
these facts enough to make one blush for one's
country, to make one weep for the anguish that
must have been endured under all these ignominies,
and for years and years afterwards, by this heroic
heart—by this heart the last and crowning evidence
of the matchless heroism of which was the fact that
it did not burst, that it was not broken by this
infernal and most dastardly treatment.
As to the completion of the vindication of the
outraged character of Lord Dundonald, it has by
this time, thank heaven, come to be simply matter
of History. His own vindication of what has been
finely termed—[the original phrase will be found
shining luminously in Mr. Disraeli's Life of
Lord George Bentinck]—the perfect chastity of his
honour, Lord Dundonald's own vindication of his
unsullied reputation will be read by posterity not
without profound emotion, in the pages of this
manly and outspoken Autobiography.
Upon the last page of the last volume completing
the work—so far, at least, as it had been carried
down as a onnsinp.ntive narrative before the
veteran author's hand was relaxed by death,
and the pen fell from it (never to be resumed),
as the sword had been laid by previously
—upon the last page of the last volume (vol. 11., p.
399) there will be found to have been recorded by
the great Sailor Earl, who had done so much for,
and suffered so much from, his country, the sub-
joined memorandum :--
"Amongst the curiosities shown to visitors of the Bank
of England, there was, and no doubt is still, a thousand
pound bank note, No. 8202, dated 26th June, 1815,
on the back of which are endorsed the following words :
" My health having suffered by long and close confine-
ment, and my oppressors being resolved to deprive me of
property or life, I submit to robbery to protect myself
from murder, in the hope that I shall live to bring the de.
linquents to justice.

COCHRANE.

(Signed)
" King's Bench Prison, July 3, 1815.' "
Having written which—" There," adds the heroic
veteran more than forty-five years afterwards,
" There is the reward bestowed on me by a Minis-
terial faction, memorable only for its political cor-
ruption." Is this pronounced by any one to be the
effusion of (to give it its mildest terms) pique or
petulance P Let Sir Archibald Alison answer, Sir
Archibald, whose political sympathies would go, if
in either direction, instinctively in that of the Tory-
Government. "In a free country," writes the His-
torian, in the 61st chapter of his opus. magnum
(vol. ix., p. 337), " no deed of injustice, whether
popular or ministerial, can permanently blast a
noble character." And he adds—" With the changes
of time, the power which had oppressed England's
greatest existing naval hero passed away ; another
generation succeeded, to which his exploits were an
object of admiration, his weaknesses of forgiveness
his wrongs of commiseration." And Alison observes
upon this point in conclusion—" One of the mos
ht,
deservedly popular acts of the new ministry whic
succeeded to the helm after the overthrow of the
Tory administration was to restore him to the rank
and to the honours of which
the he hadtor beeiann donlyeprivethd;
and there remains now o h ise
the grateful duty of lending his humble efforts to
aid in rescuing from unmerited obloquy h
vic-
tim of aristocratic, as he has frequently done those
of popular, j.Djotice." 139119tir to Sir Archibald