The Sun.
London, England, 1868-03-05 00:00:00

LAW AND POLICE.

A QUESTION AS TO COSTS. —ln the case Or Caton v.
Caton an important question as to costs was raised on
Wednesday before the Lord Chancellor. The matter in
dispute was whether the dismissal of a bill with costs in-
cluded the costs of the defendant's appeal. Vice-Chan-
cellor Stuart had made a decree giving the plaintiff the
relief asked, but upon appeal to Lord Chancellor Cran-
worth it was held that the plaintiff had failed in making
out any case : and the decree ordered " that the decision of
the Vice-Chancellor be re versed, and the plaintiff's bill stand
dismissed out of this court, with costs to be taxed by the
taxing-master, and paid to the defendant, and the deposit
to be returned to the appellant." It was submitted that
the dismissal of a bill with costs should carry all the costs
in the suit, otherwise a successful defendant would be put
to great and unnecessary expense in consequence of an
error of the judge of the court below. The Lord Chan-
cellor said it had been the practic.: of the court for cen-
turies that where a bill was dismissed on appeal the decree
did not carry the costs of the appeal, unless those costs
were specially ordered to be paid.
THE MURDER OF AN OLD LADY IN BIRMINGHAM.—

The prisoners Thomas Marlow, William Beesley, and
Louis Bee, whose trial and acquittal at the Warwick
Assizes on the charge of murdering Miss Millbourne, at
her house in Heneage-street, on the 21st of January last,
were reported yesterday, were subsequently charged at
the same assizes, in connection with Jane Smith and
Joseph Beesley, with having stolen, on the 21st of January,
the sum of £B, the property of Miss Millbourne. To this
charge the prisoner Marlow pleaded guilty ; the others
not guilty. Marlow made a statement fully avowing his
own share in the robbery, but declaring that the other
prisoners had never been in the house—only himself, the
informer Mack, and the absent man. Marlow was sentenced
to fourteen years' penal servitude. The other prisoners
were acquitted.

SIGNING BT DEPUTT.— At the Winchester Assizes,
Thomas Sillence has been indicted for forging a promissory
note for £lOO, with intent to defraud the Hants Banking
Company. Another count charged an uttering. The
prisoner had deposited with the bank a promissory note
purporting to be jointly signed by himself and a farmer
named Hampton, but on the bank applying to Hampton

for payment he denied that the signature was his. It was
stated that the daughter of Hampton had, at the request of
the prisoner, signed her father's name to the paper, she not
knowing that it was anything of importance. Hampton
could not read or write, and his wife and daughter were in
the habit of signing his name when necessary. For the
defence it was urged that the prisoner honestly thought
that the name so signed bound Hampton. The judge told
the jury that if the prisoner honestly believed so, the in-
tention to defraud was not made out. The jury retired,
and at length returned a verdict of guilty. Sentence, 15
months' imprisonment with hard labour.
A BAD WIFE AND A PROVOKED HUSBAND.—At the same
Assizes, Richard Warwick was indicted for shooting at
Elizabeth Warwick, his wife,with divers intents, on the 31st
August, at Ringwood. The woman had been out drinking,
and on returning towards home at midnight in company
with a young man, the prisoner discharged a gun at her
and wounded her with about fifty small shots on the arm
and shoulder•blade. In his defence the prisoner said that
he was very sorry for it, and should not have done it but
that his wife behaved so badly. He had been ill for six
months. She used to give him a bit of breakfast ; she then
went out, and did not return till the middle of the night,
and she would then pull him out of bed. He should have
died had it not been for the neighbours. He did not mean
to hurt her. The jury found the prisoner guilty, but
under great provocation. He was sentenced to four months'
itnprisonm ent.

SINGULAR POINT IN LAW.—At the Warwick Assizes,
Samuel Charles Hatch, broker, of Birmingham, was in-
dicted for having fraudulently converted to his own use a
sum of £133 7s. 6d., which had been entrusted to him. Mr.
Corbett, a miller, sent a cheque for the amount in pay-
ment of twentyshares in the Birming,ham Bank (Limited),
which the prisoner advised him to invest in. Some
time afterwards the prisoner told him that he had
been deceived in the matter, as the scrip was in pawn,
but as he did not wish the deception upon him to come
out he handed him a bill at sight for the amount of the
£133 Ts. 6d. On being, presented, however, the bill was
dishonoured, and other inquiries led to the diEcovery that
the shares had never been applied for, and that there had
been other misrepresentations on the part of the rrisoner.
A technical objection was raised for the defence, viz., that
the prisoner had not violated the Act, inasmuch as he was
in the position of a direct vendor of the shares, and not an
agent acting for the plaintiff and under his direction. His
lordship ruled in favour of the prisoner, and directed the
jury to acquit him.

NIGHT POACHING.-At the Chelmsford Assizes, three
men, named Arthur and Samuel Monk and James Carr,
were indicted for, and found guilty of, night poaching.
There was a scuffle between the prisoners and the keepers,
which Mr. Brown, Q.C. (who tried several criminal cases
in the absence, through illness, of the Lord Chief Justice)
said might have endtd in manslaughter. He therefore
sentenced two of the prisoners, Carr and Samuel Monk, to
nine months, and Arthur Monk four months' imprison-
ment.

WILFUL MURDER.— Two men, named Partridge ana
Deadman, have been committed for trial for the murder of
Maria Jackson, whose body was found in a well in the
neighbourhood of Bromley at the beginning of last month.
As the magistrate observed, the case was unusually per-
plexing, owing to the absence of motive. It appears that
l..te on Saturday night, the 18th of January last, the
woman was turned out of a public-house kept by
Partridge, in which she lodged, by Deadman, a
friend of Partridge's. She was tipsy at the time.
Deadman and Partridge followed, and had words
with her until she entered another public - house,
when they were lost sight of. Here she remained
till the house closed, when she was obliged to leave in an
awful storm of wind and rain. She went to a private
house to ask for a lodging, which was refused. This was
the last time she was seen alive by any of the witnesses.
A little later her screams were heard, but no one took any
notice of them. Her body was afterwards found in an
unfenced well at the back of the la.st public-house she
entered. It is not known that she had any valuable pro-
perty about her. There were scarcely any marks of
violence on her percon, and the surgeon said she might
easily have fallen into the well • but as the prisoneri were
seen quarrelling with her shortly before her disappearanen,
they were sent for trial.

PLAYING WITH FIREARMS.—A shocking occur-
rence has taken place at Pendlebury. A boy, 9 years of
age, named Morton, and a girl of 14, named Mary Fildes,
both employed at Pendlebury Mills, were at breakfast in
the lodge-house of the mill, kept by Morton's father, when
the boy took up a pigeon gun belonging to Morton senior.
The gun was loaded with small shot, and the ramrod was
in the barrel. The piece went off, and the talarod struck
the girl in the forehead, scattering her brains about the
room igs_ups, degh was_ imuntour.

THE REFORM BILL OF 1867.

TO THE EDITOR OF THE SUN.
Sin,—There is an old saying, and a very true
one, viz., that " Facts aro stubborn things," and
very oftentimes very sad and painful things likewise.
Nearly a month ago I wrote you a letter, wherein
I,compared Lord Derby's Reform Bill of 1867 to a
beautiful sunset after a stormy day ; assuming his

23 years of Toryism to have been a mistake and a
delusion on his part. I said he began well (alluding
to his great efforts in carrying the old Reform Bill

n 1832,when he was quite a young man), and that

he had ended well in having carried the Bill of 1867
in his old age. Alas ! 1 fear I was too true a pro-

phet in saying that the great Act which, ere this

:ime next year, will have become the law of the
and, will be the last great act of his political life.
It would be idle, and worse than idle, to disguise
from ourselves the sad and melancholy fact that our

earned, talented, and beloved Premier is most dan-

gerously ill ; nevertheless, while there is life there
is always more or less hope. I hope, as I in

my last letter, which appeared in your columns on

the 30th ult., that the life of our excellent chief may
be spared to us for many years to come ; still,
should it please Almighty God to terminate his well-
spent and valuable life, there will be one great
consolation, that a man of such really gigantic in-
tellect, a gentleman, a scholar, a statesman—in
every sense of the word—a man of a most amiable and
benevolent disposition, an individual so well fitted
to adorn the exalted position in which Providence

had placed him, I say it will be a consolation that
such a human being should have died in the field of

political battle ; and never, since the death of the
great Lord Chatham, nearly 100 years ago, will any
statesman have died so completely in the actual
service of his country. We move in cycles, as I
have in the course of my correspondence often re-
marked to you. It is by no means an unremarkable
fact that the year 1869, the year in which our new
Reform Act is to come into operation, is the cente-
nary of a very remarkable year in the last century.
In 1769 were born those two great and illustrious men
and warriors, the Duke of Wellington and the great
Napoleon. Another very remarkable event in the
said above-named year was the publication of that
great and highly-talented, but unknown, individual,
" Junius." I have no hesitation in asserting that
our noble Premier is a far more faithful descendant
of this great unknown writer than any of our soi-
disant Liberals. Should Lord Derby be taken from
us before the first day of next year his death may
be easily compared to that of the death of a fond
mother who departs in childbirth without ever
living to behold her beloved offspring ; albeit I
trust Lord Derby may recover. lie is, undoubtedly,
as I have said before, dangerously and seriously ill ;
and at no time is it a more proper season to do
justice to a great and good man than during the
season of sickness or death. I therefore now pro-
ceed to the main question of my letter, which is to
prove that there was no dishonesty in Lord Derby
and our present Ministry carrying the large and
substantial measure of Reform which they did i❑
1867, albeit they so strenuously opposed the bill
brought in by their predecessors in 1866. Now
the whole affair was in this position. First and
foremost, it is not Ministries, in one sense of the
word at any rate, that carry any particular measure,
but the country at large. Peel, Wellington, Grey,
Wilberforce, and Derby were great and powerful
instruments in having carried Catholic Emancipa-
tion, granting free trade, passing the great Reform
Act of 1832 (now on its death-bed), and having
abolished the slave trade in 1807 ; and, later still, I
cannot forbear alluding to the brilliant speech made
by Mr. Secretary Stanley in 1834, when slavery
itself was expunged from the face of the earth ;
nevertheless they were merely the instruments in
bringing to pass these reforms ; albeit they were most
talented and effective instruments. Nevertheless
the time had arrived, and it was wholly impossible
any longer to arrest or check the flowing current of
the day. Whatever Ministry had been in office
must have done the same thing Of unable to do so,
must have given place to those who were able to do
it. In 1830 the late great Duke of Wellington
said no Reform was necessary, and asked " How
was the King's Government to be carried on ?"
Others saw not only that it could be carried on,
hut that it might be carried on very much better
than it had been for many long ages past. The
Duke of Wellington had immediately to surrender,
and:was:most ignominiously defeated; and had Wel-
lington been as thoroughly beaten in 1815 at
Waterloo as he was at old St. Stephen's in 1830,
very, very different would have been the condition of
England at the present time. Again the Liberals
brought in in 1866 a measure of Reform which was
unacceptable and unpalatable to the nation ;
example in this respect being more forcible than
precept. Alluding to the opposition of the Liberals
to the Tory Reform Act of 1859—they (the country
at large) said the measure of Reform brought in by
Lord Russell and Mr. Gladstone did not go far
enough, using the very identical words that the
Whigs had used against Lord Derby's Bill of 1859;
consequently the Russell Government of 1865 and
1866 was ignominiously defeated, as the Wellington
Ministry had been in 1830.
The Whigs were, in fact, paid out in their own
coin. Now, however, to the main part of my letter,
which is to prove that there was no dishonesty on
the part of Lord Derby in having carried his bill in
1867. It was something like a man or woman
having a tumour or other swelling in their inside,
and which is necessary to be removed. The question
that presents itself is, Who is to do it ? That sur-
geon who possesses the greatest skill and who has
the sharpest instrument ; and so it was with Lord
Derby as regards the Reform Bill of last year ; so
also was it with the late Duke of Wellington and
Sir Robert Peel in carrying Catholic emancipation
in 1829, and granting Free-trade in 1846. In all
transactions of life success is nine points of the
compass ; and to quote another old proverb, " Let
those laugh that win."
In conclusion, I cannot refrain from remarking
one substantial thing, and that is, if the Whigs
consider the present Government dishonest in having
carried a Reform Bill in 1867, simply because they
opposed their own Reform Bill the year previously,
what do they say to their own conduct in turning
out Lord Derby in 1859 on the Reform Bill brought
in by his Ministry because it was not sufficiently
Democratic and revolutionary, and then directly
they became possessed of the sweets of office were
only too glad to send Parliamentary Reform to the
winds for seven long years, no small period of any
one's life, more especially in its ascent or descent?
The only excuse I have ever heard offered for them
is that Lord Palmerston was a thorn in their side.
Then they were clearly dishonest in holding office
with an individual whose principles they disap-
proved ; their best and warmest friend therefore
could only call it a case of pot and kettle.
I remain, Sir, your faithful servant,
A LOVER AND OBSERVER OF HISTORICAL
DATES AND FACTS.
February 20, 1868.

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THE SUN, LONDON, THURSDAY EVEN

NAVAL AND MILITARY IN7ELLIGENCE.

Her Majesty's troopship Serapis, Captain Soady,
with troops on board, from India, via Alexandria,
went into Portsmouth harbour early yesterday
morning, and berthed. alongside the dockyard to
disembark her freight. Her troop and passenger
list comprises :-42d Highlanders—Colonel E. R.
Priestly, Lieut.-Col. and Major J. C. M'Leod, Mrs.
Leod, and three children, Major D. Macpherson
and Mrs. Macpherson, Surgeon J. E. Clutterbuck.
Captains—J. Wilson, W. Green and wife, M.
Macleod, wife, and four children, T. Farquharson,
V.C., and wife, G. W. Cockburn, R. K. Bayley,
and W. Underwood. Quartermaster J. Simpson,
V.C., and wife, Assist.-aurg. R. W. Troup. Lieu-
tenants—A. W. Creagh., R. P. Hicks, R. C. Cove-
nay, A. W. Warrand, tl. R. S. Foley, J. B. M.
Cumberland, R. H. S. Tirickenclen, and C. J. Eden.
Ensigns N. W. P. Brophy, A. K. Macpherson, W.
K. Suther, and A. 11. J. Douglas ; 430 men, 19
women, 31 children, a nil three female servants.
Time-expired soldiers frc am various corps in India
to join their regimental a pots in England, 307 non-
commissioned officers and privates, with 10 women
and 22 children. Invalided soldiers from various
corps for the Royal Victoria Military Hospital at
Netley, 173 non-commissioned officers and men,
with 29 women and 58 childrea. Wives of officers
of various corps, the latter searing with the Abys-
sinian field force :—Mesdames Blackney, Cook,
and four children ; Butler, Goodfellow, Holt and
three children, and Langbey. Officers belonging to
various corps on sick and other leave :-77th Regi-
ment, Capt. J. Wordsworih ; 105th Regiment,
Capt. G. C. Therry ; 109th Regiment, Capt. C. P.
Forbes and wife ; Staff Assist.-Surer. R. Lindsay ;
7th Dragoon Guards, Veterinary Surgeon C. H.
Reiley, wife, and child; 3d Battalion Rifle Brigade,
Lieut. J. 0. Vandeleur ; 88th Regiment, Lieut. T.
Hall ; three naval supernumeraries. The Serapis
sailed on her outward voyage for Alexandria from
Queenstown, Ireland, on Jan. 26 last, and called
in at Malta on Feb. 2. She left there on the follow-
ing day, and arrived at Alexandria on the 13th.
Having disembarked there the troops she hack on
board for India, and received the 42d Royal High-
landers (the Black Watch), and the detachments
of time-expired men and invalids from other corps
serving in India, she sailed again on her return to
England on the 18th of February, at 11 20 a.m.
For two days after leaving Alexandria strong head
winds were experienced, and on the 22d the ship
arrived in Malta harbour. On the follow day, at
6 p.m., the Serapis sailed again from Malta for
Spithead direct, passing her Majesty's steam fri-
gate (paddle) Terrible, Captain J. Commerell,
V.C., C. 8., steaming for the grand harbour. On
the 27th, at 4 p.m., the Rock of Gibraltar was
passed, and the Serapis made her number to the
guardship and garrison. On the 28th, at 2.30
p.m., colours were exchanged with the English
merchant steamship Calypso. On the 29th, at 2
a.m., passed Lisbon. On the Ist instant, colours
were exchanged with the English ship Cordelia. On
the 2d instant, at 8.30, observed Ushant Light on
the bow, and at 11.50 a.m., on the following day,
had the Bill of Portland under the ship's lee. She
anchored at Spithead at sunset. All the troops
were disembarked from the Serapis yesterday at
Portsmouth dockyard, and at 5 p.m. her Majesty's
screw troopship Urgent, Captain S. H. Henderson,
sailed for Leith with the 42d Highlanders on board.
Yesterday morning the Ist Battalion Coldstream
Guards left the Tower of London for Windsor.
The right wing of the regiment, commanded by
Colonel Goodlake, V.C., with Capt. Eyre, Lieut.
Lord G. Hamilton, Lieuts. Wood and Campbell,
&c., and consisting of seven officers and 250 men,
marched to the Moorgate-street station of the Me-
tropolitan Railway, whence the troops were de-
spatched to 'Windsor by special train, at 10 o'clock.
The left wing of the battalion, under the command
of Colonel Campbell, with Capt. and Adjutant the
Hon. F. A. Wellesley, Capt. Carter, and Lieut.
Bruce, &c., consisted of the same number of troops.
This portion of the battalion left Moorgate-street
station at 10.30 a.m., and arrived at Windsor at
11.30 a.m. The troops marched to the Sheet-street
Barracks, where the right wing, which reached
indsor at 11.12, had already taken up its quarters.
The Ist Battalion Grenadier Guards, consisting
of 12 officers and 467 men, under the command of
Colonel Ponsonby, with Capt. and Adjt. Seymour,
Colonel Bramston, Colonel Stucley, Capt. Clinton,
Capt. Thynne, and Lieuts. Allix, Reynardson,
Thornton. and Cochran, left Windsor at 10 o'clock,
by special train on the Great 'Western Railway, for
Victoria station, Pimlico, en route for Wellington
Barracks.