The Sun.
London, England, 1868-01-13 00:00:00

LAW INTELLIGENCE—This ray.

This morning the first sittings of Middlesex com-
mon juries commenced for Ililary Term. In con-
sequence of the new County Court Regulations the
number of cases was much lighter than hitherto,
and it is anticipated that as soon as these regula-
tions have time to operate effectually the large
arrears of business now constantly accruing in the
superior courts of common law will be done away
with, and suits will not have to remain a year or
longer untried.

COURT OF QUEEN'S BENCH.
(Sittings in Banco.)
THE QUEEN V. BURKE.

Mr. Coleridge moved for a rule to show cause
why a writ should not issue directing the removal
of the trial of Colonel Burke, the Fenian chief, from
Warwick, to the Central Criminal Court. It
was submitted that owing to the strong religious
feeling in Birmingham, and on the part of the dis-
trict, it was not likely that:the prisoner could have
a fair trial. It was also urged that many of the
witnesses resided in London, and trying the pri-
soner at 'Warwick would involve a very serious
additional expense upon him, and deprive him of
the services of his attorney, who carried on practice
in London.

The Court intimated that they could scarcely
deal with the matter until the indictment was
found, and, as the witnesses would have to attend
before the grand jury, it would be a matter for
consideration whether the trial should not proceed,
and not being the witnesses back to London.

Ultimately it was arranged to postpone the matter
until the Attorney-General had been consulted.

COURT OF EXCHEQUER.

:Sittings at Nisi Prius, before Mr. Baron Bramwell
and a Common Jury.)
SAGE V. ROBINSON.

This was an action to recovar the sum of £39 7s.
3d. for goods sold and delivered and work and labour
done.

Mr. M'lntyre appeared for the plaintiff ; the de-
!endant was undefended.

It appeared that some few months ago the manag-
ing man of the plaintiff, who is a shop-front builder
iu London, called upon the defendant, who is a
tradesman carrying on business in Barrow-iu-Fur-
ness, in Lancashire. The defendant gave the manager
an order for a shop front, which, with an experienced
man to fit it, came to the amount claimed. The
Plaintiff sent an experienced workman from Preston
to Barrow-in-Furness, and the shop front was pro-
perly fitted, but since that period nothing had been
paid to plaintiff. The foreman of the plaintiff, and
the fitter of the shop front, proved these facts, arid
the jury returned a verdict for the full amount, the
learned judge remarking that the plaintiff had be-
haved so fairly that he had not even charged the re-
turn journey of his workman to Preston.

COURT OF ARCHES.
(Before the Right Hon. Sir Robert Phillimore,
Dean of Arches.)

MARTIN V. MACHONOCIIIE.-RITUALISM IN HOLBORN.

The argument in this suit was resumed this
morning.
Mr. Stephens, Q.C., Mr. Coleridge, Q.C., and
Dr. Swabey appeared for the promoter ; and Mr.
James, Q.C., Mr. Prideaux, and Dr. Tristram for
the defendant.

.This case has now arrived at a very interesting
stage, and one which is watched with considerable
interest by both parties in the Church.
The learned Dean of Arches, on taking his seat,
said that he wished to call Mr. Prideaux's attention
to one portion of his argument on which he had
dwelt very strongly, that miters are not
"rites" and " ceremonies," and this formed
the greater part of his argument and the pro-
per construction of them. Ile would point out
that these words came from " ritus," " ceremonia3,"
and according to the 22d Sess., chap. 5, of the
Council of Trent, it was distinctly stated that all
these matters were included as distinct rites and
ceremonies, and not merely ceremonial ordinances.
The words used were lights, incense, &c., and ac-
cording to this authority, although he was not go-
ing to set it forward in any way, as he only wished
to get assistance from counsel, yet he thought that
according to this authority these were considered
the titles of ceremonies, and not merely portions of
a right or ceremonies.

Mr. Prideaux considered that this did affect his
argument at all. He then proceeded to argue that
these ceremonials were only parts of the " rite" or
" ceremony," and that they had formerly grown to
be so numerous that some were obliged to be abo-
lished.

COURT OF BANKRUPTCY.
(Before Mr. Registrar liazlitt.)
IN RE STRACHAN, PAUL, AND BATES.

These bankrupts had been bankers and army
agents in the Strand.
This was an old bankruptcy, dating from 1855,
and it created a groat deal of excitement at the time
of the failure, as a criminal prosecution, resulting
in a penal sentence upon Sir John Dean Paul, Bart.,
one of the partners, was ordered. To-day was ap-
pointed for a dividend meeting, as the last assets
had been collected by the official assignee. The
proceedings were purely formal, and it was under-
stood that at present there was an appeal pending
in the matter.

POLICE INTELLIGENCE.—This Day.

.IARLEOROUGII-STREET.

ROBBERY DTA. WArtEnousEmAN.—Albert Edward
Portch, warehouseman in the employ of Messrs.
Wilson and Campbell, woollen warehousemen, of
Oxford street, was charged before Mr. Tyrwhitt
with stealing the sum of £207, the moneys of his
employers.
From the evidence it appeared that the prisoner,
who was in the employ of Messrs. Wilson and Camp-
bell as warehousemen, was entrusted with the sum
of £207 to pay to Mr. Fellingham, of
No. 38, Devonshire-street, Portland-place, but
instead of doing so he absconded, and went to
Frome, Somersetshire, where he was taken into
custody by Butcher, a plain-clothes officer of the
C division, when he said that he got drunk and
either lost or was robbed of the money.
Mr. Fehrenbach, foreman to Mr. Fellingham,
said he took some checks, to the amount of £207,
to Messrs. Wilson and Campbell, of Oxford-street,
and the cash for them was to be sent the same day,
but he never received it.

The prisoner, who had no questions to ask, was
committed for trial.

WESTMINSTER.

VIOLENT ASSAULT WITH A QUART POT.—Mar-
tin Hawley, a labourer, was charged with violently
assaulting a man with a quart pot.
There was no prosecutor when the case was called
on, and
The constable stated that he bad just seen the
prosecutor outside, and he intended to prosecute,
but the prisoner's friends had taken him away, no
doubt intending to keep him away from the court
when the case was called on.
Mr. Ingham asked the constable if ho knew any
thing of it.
Alfred Matthews, 60 B, who got into the box
with a quart pot in his hand, flattened and covered
with blood, said he was called to the Admiral Keppel
publichouse, in Fulham-road, on Saturday night at
a quarter to eight, and found a man with his head
cut open and bleeding profusely. The prisoner
was given into his custody, and the landlord said
in the presence of the prisoner that the prisoner
was kicking the pot about, and the prosecutor
stooped and picked it up. The prisoner snatched
it from him, and struck him over the head with it,
rendering him insensible. Prisoner and his mates
resisted the police, and it took four constables to
get him out of the house. Prisoner was drunk and
very violent.
Mr. Ingham remanded the prisoner till Friday,
and granted a summons for the attendance of the
prosecutor.

MORETON-IN-TILE-MARSH STEEPLECHASES.—By an excel-
lent arrangement, these chases have been fixed for the
20th of February, the day following the Pershore Hunt
Meeting.

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II EIS MAJESTY.

OSBORNE, Jan. 12.

The Queen drove out in the grounds yesterday
afternoon, accompanied by Princess Louise.
Miss Van de Weycr had the honour of accom-
panying her Majesty.

PRINCE AND PRINCESS CIIIUSTIAN.—On Satur-
day evening their Royal Highnesses Prince and Princess
Christian of Schleswig-Holstein and Prince Arthur (upon
the conclusion of t eir visit to the Kirl and Countess of
Derby at Knowsley) returned to Windsor by the Great
Western Railway and proceeded to Proginore-house.

THE ROYAL FAMILY.—The Princess Mary of
Carnbridg! and Prince Teck are expected to visit Stockton
to-day ou their way to Wyuyard-park, the seat of Earl
Vane. The Town Council will receive their royal high-
nesses on their arrival.

The Countess Delawarr has considerably im-
proved in health of late.

Count Maffei has returned to town from visiting
Viscount and Viscountess Holmesdalo at Linton Park,
near Staplehurst.

Lord and Lady Wharncliffe and Lady Maud
Lascelles closed their visit to the Earl and Countess of
Derby at Knowsley on Saturday, and went to Wortley
Hall, Yorkshire.

His Excellency the Prussian Ambassador and
the Countess Bernstorff and the Countess Therese Bern-
storff have returned to the Prussian Embassy on Carlton-
house-terrace, from visiting Viscount and Viscountess
Holmesdale at Linton Park.

The Earl and Countess Vane left the Earl and
Countess of Derby's seat, Knowsley, on Saturday, for
Wynyard Park, near Stockton-on-Tees.
THE NEW MINISTER TO THE UNITED STATES.—
His Excellency Edward Thornton, C. 8., the New British
Minister to the United States, as successor to the late Sir
Frederick Bruce, sailed from Liverpool on Saturday, in
thy) Cunard mail steamer Siberia. Mr. Thornton was ac-
companied by but one servant, as his family stay in Eng-
land at present.

TILE CAPE MAIL.

SOUTHAMPTON, Sunday.

The Union Steam Shipping Company's mail
steamer Cambrian, with the above mail, arrived
here to-day. She brings the usual complement of
passengers, and a full cargo of general merchan-
dise.

The Cambrian left Table Bay, Nov. 27, Cape
Town Dec. 5, and St. Helena on the 15th.
The Cape Argus says :—" Our anticipations of a
fine harvest have been somewhat dashed by the up-
countrj news: The south-easter which blew in
Cape Town with a violence rarely experienced even
in this stormy peninsula, extended up-country and
did great damage to roads, bridges, and, worst of
all, to the crops."
The following account of the storm is from the
local papers :—" On Tuesday last there was a stiff
south-easter on in the bay, and in the course of the
day and during the night a good deal of rain fell.
Next day the rain and sea showed no signs of abate-
ment. But what had happened up to this time was
as nothing to what was to follow. The leaden
aspect of the sky all around betokened a storm of a
yet more violent character ; but from what point
of the compass it would come to no one could tell.
But that it would come seemed inevitable, and what
could be done in the way of clearing drains and
making all secure was done, not only by the muni-
cipality people, but by all who had property to pro-
tect. Towards evening the wind veered more to
the south-west, and moaned in fitful gusts, as if
impatient of restraint. The rain, which came
gently at first, increased by degrees, until it fell
down in sheets. Presently the lightning began to
flash in vivid sheets, and the distant rumbling of
thunder, mingling with the roar of breakers on the
shore, was enough to make the stoutest heart
shudder. As midnight approached the thunder and
lightning ceased, but still that dismal hollow roar
upon the beach was heard, mingling with the rush-
ing, shrieking, howling storm, in fearful chorus.
At this time anxiety for the safety of the
shipping was intense. Out at the South-
end, and more particularly in Rudolph-street,
the storm was playing fearful havoc. The rushing
waters came on as a mighty torrent from the rising
ground beyond, an I carried away palings, &c.,
and then, gathering force, ripped up the road, and
drove the sand, of which it was composed, before
it on its onward course to the sea. The tramway-
bridge, erected by the Harbour Board, at the foot
of this street, was also carried away by the fury of
the storm, while the bridge which spans Banker's
River lost its southern buttress, and may be said to
be in a shaky condition. The beach speaks with
terrific eloquence of the roughness of the storm. As
we have said, the large craft rode it bravely out,
thanks to Providence, their cables, and the stout
holding ground of the Bay. But a number of small
craft sunk at their moorings within the break-
water, having been actually swamped by the force
of the rain. Out at the fishery the flood was im-
mense. The Sharks' dam was partly broken, and
Lippert's dam was carried away, while the house
near it was stove in. The machinery, we are glad
to say, is not damaged past repair. How the
troops which are stationed there got on we have not
heard, but they must have passed a most unpleasant
night. The damage to the roads and house property
here is estimated at from £25,000 to £30,000,
while the injury to the crops in the district, it is
feared, will be something distressing. In connec-

tion with the storm, we regret to say that the
news was received here on Wednesday that
the Imogene had been wrecked on East London. It
is some satisfaction to know that there were no lives
lost. In concluding our report of the disasters oc-
casioned by the late flood of waters, we must say
that we have probably recorded only a tithe of the
disaster and suffering occasioned thereby. This
must necessarily be the case owing to the difficulty
of getting at accurate information. There can be
little doubt but that the whole of the population
have been sufferers to a less or greatest extent."

Her Majesty's transport-ship Queen of the
South ~ailed from Simon's Bay on the 22d Novem-
ber for Aden.

Her Majesty's steamer Petrel arrived in Simon's
Bay on the 22d Nov.
The French steam gunboat Aspic, from Cher-
bourg, bound for China, put into Simon's Bay on
the 24th Nov. for coals.
The Russian ship Arno, from Swansea, arrived on

the 24th. She reports having spoken, on the 13th
Nov., the ship itotley, from Leith, bound to Mel-
bourne, 65 days out.

THE REV. DR. JELF.—Mr. Henry Worms,
honorary fellow of King's College, and captain of the
King's College Rifle Volunteers, has originated a sub-
scription among the students of the college for a testi-
monial to the Rev. Dr. Jelf on the occasion of his resigna-
tion of the post of principal.
WAR AND ITS INFLUENCES UPON THE POPULA-
TION.— We are really not surprised that the French Cham-
ber became alarmed at the prospective effect which Mar-
shal Niel's proposals for reorganising the French army
might have on the progress of population. The amendment
allowing soldiers to marry after the sixth year of service was
carried by an enormous majority, spite of the Marshal's
strenuous resistance. Marshal Niel would absorb a very
large section of the manhood of France into the army, and
compel it to forego all thoughts of marriage for many
years. As medical men, we venture to say this would
be a suicidal measure. It may be an amusing piece of
banter to urge that the women of France ought to be con-
tented with hu,bands drawn from the army rejections
the halt, the lame, and the blind ; and to add that a squint
or a clubfoot is no bar to a man's becoming a husband, but
a decided obstacle to his ever making a soldier. But this
doesn't touch the root of the matter, which involves a pro-
blein of a physiological character; and it is this, that, had
the Marshal's proposal been adopted, a diminished and
degenerate population must succeed the present genera-
tion. And if France is to maintain her present great
military position she cannot afford this. At the close of
the great wars under the First Napoleon the strongest and
healthiest part of the race of young men in France were
well-nigh exhausted, and the rejections from military ser-
vice formed the staple of her male population. Doctors
and physiologists know full well that to possess an enor-
mous standing army, with stringent restrictions as to mar-
riage, is to draw a bill on the future population—to say*
nothing of the vast increase of disease and immorality di-
rectly traceable to the same source.—The Lancet,