The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-04-02

ItNOluNlOIlEf u VI u dllDi
to ice. bound ports. and the course Of trade with
such countries as have hitherto been considered
closed by sea in winter. Archangel. Cronstadt.
Odessa aud the rest. including Vladivostock
will now. they say. be open ports" In more
senses than one. Admiral MakaroT was one
OF the heroes Of the Danube in the Russo
Turkish war. He aud Admiral Skridloff
were the two lieutenants who volunteered
for a might torpedo boat attack. and
CALAMITY succeeded In blowing up a power
full Turkish tronclad of Rustchuk. This. II was
said at the time, was one Of the first success
full torpedo exploits on record IN naval war
fare. Tho Ermak's duty in the summer months
will BE- to work in the ice OF the Arctic seas. and
to endcayor to extend the period Of navigation
OF the Kara Sea trade route to Siberia 10y keep
ing open n channel for the fleet OF merchant
steamers TO perform two voyages in the year to
the mouths Of the Obi and Yenisei, instead Of
the one hitherto possible.
A case now before tho courts in London,
arising out OF the Jameson raid. discloses Mr..
Cecil Rhodes In an amazingly mean-spirited
attitude. A trooper named Burrows. who took
part in the disastrous flasco. was severely
wounded and lost one OF his legs. Like the
rest OF the rank and file he believed that the
leaders were waging legitimate warfare. and
had tho British Government behind them.
lie has learned diherentiy since ana IN con-
sequence brought a SUIT against hhodes ana
Jameson Tor compensation ior MS INJURIES
Inc detenuants nave como into court WIN
what they call a demurrer" to stop the suit
in its initial stages. on the ground that a man
who has shared In a criminal act with another
can have no redress for anything that has hap
pened to him arising from his guilty conduct.
The numerous fervent supporters OF the EN-
pre- builder III the press are eVldehtly
ashamed OF such low Juggling with words. Tor
they nave hushed up the case as lar as they
can IN their columns. But as the lth'eS Is the
Official law reporter " coulu not aNolc printing
at length the Judgment on tho point raised.
1t should he said that justice GrahthanI.
WHO presided III the queen behch court
where the case was heard. was an eXtrehe
Tory member OF farllameht. ana IS u b' oil a
freeater on the hehch' nero Is lho Judgment
in which he diSnoses OF Messrs. hhooes ana
jameson . pea 'hat the trooper was d guilty
accompllce:
For the purposes OF our judgment. this
being a demurrer by the defendants. all the
facts alleged in the claim must be taken
to be true and admitted by tho defend
ants. What. therefore,, are these facts ?
shortly, these. That the defendants. having
secretly determined to invade the territory
Of q friendly power with a hostile armed
| force, they, for the purpose OF inducing the
| plaintiff to enter their service as an armed SER
want. deceived the plaintiff rs to their inten-
tons. told him that the service on which they
wished to employ him was lawful. that as light
| ing would shortly take place in the said South
African Republic between other forces. his
| services were required for the protec-
| ton of women and children, that the
force OF which lie was Il membe would
have the support OF other lawfully appointed
forces. and that such invasion OF the territory
OF the South African Republic had the sanction
and support Of her Majesty's Government;
whereas IN iact. all the aforesaid representa-
ions were untrue 10 lhe kuo"leoee OF the oe-
remnants Actihg on anu peheEihR III 'hese
the plalntiH entered the services
OF the delendants' ana IN ooeyihg their
orders received me INJURIES anu sunereo
the losses complained oil ana Tor which ne
seeks to recover damages IN thls action. IL
Is ulmcult 10 realiHe any Perlou OF our history
in which n defendant making such fraudulent
statements anu innlctihs such serious INJURY
would not be liable for the consequences OF
MS fraud. ana yet ~ mas peeh soiemhly ar
gued that such Is the Ia" oil the present
time. Let us see, therefore,. on what GROUNDS
the learned couhsel lNr' 'ohehl attempts
10 support MS contention that 'hlS state
meht OF 'lalnl u'S''os'S no soou cauSe ol
action. lie does not rely on a possible assump-
ton mat the damages resulted from the VOL
uhtary enlistment OF the pIalhtil on Il wariike
e"xpeultion. iorthe pay ana the prospective al
Sahtages lReIy 10 accrue 10 mn ana were
not in any way caused or aggravated by
the fraud; but lie admits that MS con-
tentioh rests soieIy on the assnmp-
ION mat inc ilaIntlr'' innocent OF all
knowledge OF wrong on his part. dld 10y obey
ing the order OF I'll" defendants IN TACT become
q criminal himself. ana could not. therefore,
complain OF any wrong done by the defendants.
""o "e'e ""''P" """'" "''' """'
Tho defendants contend, therefore. that. it
being lmmaterial whetherthe person employed
in such expedition had a mems rsd or guilty
knowledge OF the nature OF his act or not. and
believing as he did that his acton had the
sanction OF the Queen Government, yet
he was Just as much a criminal a. the
defendants who had knowingly broken the
law and that. one" that the rIaintin was
proved 4 criminal. he could not. according
to the defendants. he heard to complain
"A