The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-09


court 10 only constructive c0ntempt and whett 7er
resort had TO the fiction Of constructive ofencas
is evidsIt that no real offence has been comm. Cd
against he law. However much, therefore, we u Ay
advocate the amendment of the law with regard 70
the administration of osths, and would desre th II
removal n civil cases, We do not think that Englaa
in tie middle OF the nineteenth century Is &C
icienfy 1vanced for their total abolition IN all cases
The PROPOSAL OF the Chancellor OF the ExcheqneJ
to extend the legacy duty IT, land and other roa
property tor, in other words to substitute for the
legacy duty tax on all SUGGESTIONS to property
has met with q strong but unsuccessful opposition
from Sir john Pakington and the landholding in
terest sOh" says Sir John, the measure
il unjust aid is blow aimed ut the ari=tocratic i'll
stitutions of the country Egen so, Sir John-per
fecty trUe and quite right that should for verify
long enough, and too long has landed property es
caped the legacy duty while the commercial interests
have borne the burden for many successive genera
tions. Yes, Sir john heneefoyth what has beer
sauce for the poor unprotected goose shall be salct
also for the great arstocratic gader. Yes in spite
of pakibeton and Trollope, and Walsh and Dering
aud the whole herd OF the sqniresrchy, the Legacy
duty on land Is an inevitable measure, one tha
tardy justice must now grant and the salce FOR the
personal goose, Eust be also for the real gan
der. Tie latter trd, consequential and selfimpor.
tant as he is, has too long enjoyed an unjust and
wicked Prerogative; nor WI any one sympathise
or cemfoit him, because his feathers ere rut1e6 by
this treatneu-nay, great and universal will be the
rejoicing shat the sauce that has hitherto been
meted To the goose VI London and Manchester, viii
hereafter De Iu(leu ESQ I'D the NOISY ESHutF tldl
waddles through the stlbble Of Kent or Sussex Sir
John Trollope, indeed. last night gained a trtins
advantage with respectful the application Of the tax
90 timber but nevertheless the prn ;iple OK the bill
has been carried much TO the satisfaction o. thou.
sands upon thousands whe ava borne the tax with
out complaining while these privileged aristecrats
have been so untsirly exempted from its infection.
A good deal Of gossip has been gong on i'll Paris
during the last few days, respecting supposed at
tempt OF the tair Elgenie to pay clandestne visit
to Ler dear native land across the Pyrenees. 1t
seems that the Imperial lady has for considerable
time been unwell and feel, but little relish tor the
gene Of a court HE, IN consequence nf which she
Ietored her royal husband for leave OF absence, q
request that at refused in very courteous
terms. The Spanish wife, however, was not, it ap-
pears. to be thus banked; and so, what she could
Lot gain by tie good viii OF the emperor she
sought to obtain by secret confrvance III connection
with ore II the ladies about her person The
scheme, however by some means or other eozed out;
ard the result has been that efectual means are
taken TO prevent the imprisoned bird from tasting
the sweets OF liberty and lnhaDg the fragrant breezes
of her native Spain. Poor Louis NapOleon--thiS
is the worst blow of all-quite home thrust-and if
d este troubles be ADDED to his already great p)
itlcal ann0yances it will be difficult to say what
will be the result either to himself the country he
governs. Faith, he may echo the words of Shak-
sptare's Henry VI, "Oh, heavy lies the head that
wears a CROWN
The e,ent of royal christening, so usual in all
Christian royai families, but looked forward to
so august & ceremony by the quidnnncs OF this
metropolis, is to come of on Monday next the 9th;
and understand that the sponsors on this occasion
are to be the King OF Hanover, the Prince OF Prus-
sia and the Princess of Hohenlohe-the name chosen
for the lew prince being Leopold George Duncan
Albert. Her Majesty is determined, Also that the
act OF baptism shall be mort fully performed for the
Court circular tells that tire PrMate is u be
sisted by the Archbishop Of York and the Bishop Of
London. How will these holy men divide the oner-
ous duty ard by which of the three will tho royal
infant be held? and by whom the wafer sprnkleu
Tire holy day soldering OF the troops at Gotham,
urder Lord Seaton, the Duke Ct Can bridge, Sir De
Lacy Evans. DC, is exciting great interest in all the
counties around London and leg ions OF people daily
fook by railway to witness the movements OF the
troops, which are beginning to lie extremely inier-
esting. To-day, in particular, being the first grand
f.id day-to be eraced, moreover, by the presence
OF tie Queen herself thousands upon thousands Ut
people have hurried thther by the tra Is, eager to
behold the great military display that will be pre-
ever within the last few days, has been any thing
hui Iroyitious to the D'archings aud couutermarch
inrs of armed men, aud su.p~e. that to Gay
mole cold and rheumatism viii lie caught than glosy
won.
A monster Of man recently executed at Ma
pies. Who proved to have been guilty OF murder
ing ,wenty-Dile persons, including his father aud
mother, and several others of his own family.
or the information OF our readers, who may be
oesiious 10 know in what position the Case Of the
rival opera houses stands il may be stated that,
Oh the 50 june demurrer was argued to the decla-
ration III The action, which contained three counts.
The plaintiff, Mr.. Lumiey, brought his action to re-
cover damages from the defendant, Mr.. Pye, for in
ducing johanna Wagner to break her contract into
which she had entered with the plaintiff, to sing at
his theatre The first count alleged that Mde. Wag
ner had agreed te sing at her Majesty Theatre, and
not elsewhere without the consent Of the plaintiff !;
that the defendant. well knowing the same, and
while tie said agreement was in full force and effect,
rshciously enticed and persuaded tue SAID Johanna
p,,.
engagement, u the plaintiffs damage. The second
count was i'll substance the same as the first; it
merely substituted TIE defendants knowledge of GER
tain proceedings which had been instituted III the
Court Of ChaDcery, for the knowledge OF the agree
ment mentioned III the first count fhe third count
alleged that at the time the said Johanna Wagner
hired by the plaintiff to sing here dramatic
artistic for tie plant g. for remuneration the defend
ant malic0usly enticed and procured her to depart
from tie service of the plaintiff, to the plaintiff
damage.
To tie whole of that declaration the defendant, Mr..
eye demurd, and then raised the question, whether
person who entce ed and persuaded another IL break
contract was liable to be tried ia action by the
party who complained OF the breach Of contract,
whether the remedy at law was not confined to a
proceeding against the party who broke the Contract
The Judges before whom the demurrer was argued
were Lord Campbell, Justices Crompton Erie, and
Colebridge The three first decided that the action
could he maintained, the last Judge, (Mr. Justice
Coerdge,) was Of opinion that the action would not
re- u'h5 III id'oi VI INC platinum, VIC
demurrer was oserIued.
Notice Of appeal TO the Court OF Error was after
wards given, and rule was applied on behalf OF the
def.n dapt, calling on the plaintiff To show cause
Why this trial Should not be put off until the appeal
should have teen decided. The motion was re-
fused.
il will he seen from this statement that all that has
beer decided H. that the plaintiff, Mr. Lumley Is at
liberty TO bring his action Tor damages in respect
Of breach Of contract by Miss Wagner against the
persons alleged TO have induced her to break her
contract.
Tie musical and theatrical world are in a high
state Of excitement about the matter particularly
the case bears some analogy with the Of Beale
v. hayes" Miss Catherine Hayes having broken her
engagement with MIR. Bea, at the iastigat OF sun
dry bad advisers.
promised you an account Of Madame Girardm 3
play, Lady Tarufe" which was last week pro-
duC.d ~ tie St. james theatre under the direction
OF Mr.. Michel, the liberal and untr,Dg manager Of
that favorate place OF amusement Mile Rachel and
h0ns. RegBier sustained the parts originally acted by
them at the Theatre Francois, Paris In this play
Il. 81