The New York Herald Newspaper, August 12, 1875, Page 8

8 “THE COURTS » oe RE ae Important Mortgage De- cision. —_—-——, THE TWEED LIS PENDENS. ned on Monday before Judge Westbrook. » Court, Chambers, to relieve from the notice of lis pe ps in the six million Tweed suit a house and lot on Broadway, above Twenty-first street, claimed to have been in @ foreclosure suit by Willian Fuilston er law partner of William M. Tweed, Jr., Judge Westbrook yesterday gave the following de cision The ob of the lis pendens is to notify the world » plaintiff i an action makes some Claim to the Upon the motion arg nSopr and is de the effeetual in ‘overy. 1 seo how, upon a , it can be summarily determined that the plaintif has no claim upon the property which he alleges be has, The issue made im this ‘actlon will determine it in conformity with the course of practice. Motion denied, but mo costs are imposed, as the appli cant had some reason to suppose that the application | would not be opposed, Mr. Isuac | . Counsel for Mr. Fuilston, in sisted that th in view.of all the facts of the | case, wi y fair to his cent, and he urged that an opporian ould be given to the latter to renew the | motion for the purpose of proving that the property | had not been seized by the Sheriff under the attach. | ment, Judge Westbrook conceded that this was res and gave pers on for renewal of the motion for th case, on motion yendens in the ‘T It was shown that th operty Was ood faith, and that Mr. Tweed has no in- | er in the same, IMPORTANT MORTGAGE DECISION. | In tho case of the New York Life Insurance Company va, Glass ct al., the particulars of whieh have heretofore been padlished in the HERALD, an application was made by plaintiff, who holda the frst mortgage on the prem- ises, for the appointment of a receiver pendente lite for the foreclosure of their mortgage. The defendant, Lee, who helt a subsequent mortgage on part of the | Premises, is now in possession of that part, > having foreclosed his mortgage and bought in the promises. The other portion of the prem- ises is in possession of Miss Craske (not a party to this action nora tenant of the mortgagor), as purchaser of the premises, who holds a deed which she claims Waseexecuted and delivered, but not rece commencement of this action. — The follow ing is the opinion of Judge Daly, given yesterday, in the case: — As to the portion of the premises occupied by Miss | Craske the motion to receive must be den |, as she is ot a party to the action nora tenant of the mortgagor, Duta purchaser deed from one Etliod, who pur! chased from one Renton, who purchased from the mortgagor, Glass, (Lea, Ins, Co. vs. Stebbins & Paige, 565.) As to the portion of the prem- ises occupied by defendant Lee, the latter contends that he is 4 mortgagee in possession, is perfectly re onsible and that a receiver cannot be appointed of the | reat tsof the premises while his mortgage | debt 1 nsatisfied. Counsel states the rule cor- rectly ddown in the authorities. (1 Hilliard vs, Morts, a ow vs. Moore, 2 Jac. & Wall, James vs, Buekfurd, 13 Vesey, 377} Rolles vs. Dutf, 35; Hoon. P. R., 483; Quinn Britton, 34 Ed. ch. 314; | Patten vs.’ Ace., Pras & Co., 4 Abb! 2 The rule is applied where the mortgagee in possession is the first mortgagee whose claim is and the party applying for the rec liens | Subsequent to his mortgage. But I know | of no case where the rale has been applied against | the holder of the prior mortgage and in favor | mortgagee if there be doubt as to the | aises being adequate security for the first nterest on itand taxes. The subseq # entitled to a reeciver if the first morty ‘be not in possession, but without prejudice to the | taking ssion; bat if the first mortgagee be in pos. pra). In thia case the subseq dand bought in the premises, premis 1 not bring the amount of lis mortgage. He | claims the right to remain in possession until his debt is satisfied. ut fam of opinion that his position differs | from what it would have been if he were in possession ‘as mortgagee only, and not as purchaser, In the former case be would be compelled to account for what he received in excess of his mortgage and interest; but [ am not aware that as purchaser on the foreclosure | he could be compelled wo pay the prior mortgagee the Tent. That being the case, the prior mortgagee should have a receiver appointed, ‘and he will have to account | to the forecioser for any balance after the first mortga: is satisfled. Further proof as to the value of the prem- | ises will be required before I feel justified in ordering ver, and this motion will be | to be furuished within ten days | from date. PAYING COLLECTIONS TO ASSIGNEES. | An important decision was also rendered yesterday by Judge J. F. Daly in the suit of Fellows vs Crook, upon | ‘a motion to vacate an order of arrest, The facts of th case are fully set forth im the following opinion em. | bor e decision :— The defendant was the agent of John T. Seymour & ©o ‘making collections of debts due the firm. ¢ 1874, the firm made a genoral assigninen f ereditors, The det afterward uch assignment alleged, and w collections. amounts of the « aud refused. assignens, over to them th Th en plaintet from the $700, assignees, made r febtors R amount county brough grante taining seem ratified Lis They are against him aent dant digment against the defi » treated him as t act. in making entitled to an on the ground ina upon oe was the proper ono if pla: ant as their agent in making action Was proper upon ce ane o have (Walter ve 26), and the code tion pe acontract between principal author se arrest of the agent. (Code. artic Tt of action in New contract, the this case, upon obti no the mon had collacted, and the question of the election «f remains does not apply, Motion denied $10 costs DECISIONS. SUPREME COURT--CHAMBERS, | By Judge Westhr: | The Peo va. Tweed, &¢.—Motion denied. The | object of the lis pendens is to notify the world that the | plaintiff in an action makes some claim to the property covered by the notic lis filing during the pendency Of the action is a matter of right, and i« designed to render the action effevtnal in ease of a recovery. 1 do not see how, upon a motion, it can be su: ; mined that which he al will determ ‘n: plaintiff has'no claim upon she haa. The issne made it in conformity with property n the tice. Motion denied, but no coats are imy a applicant had some reason to suppose that the’ applica tion would not be opposed Baldwin vas, Crenshaw, &c.—Reference ordered. Opinion | Sanne ve, Saune.—Referee’s report confirmed and | granting se aration, &. Eberhard ve. F report and granting a decree of confirming re yorce to plaint SUPERIOR COURT—SPECIAL TERM, By Judge Monell, Cohen ve The Dry Dock, Hast Bagadway-andiBattery Railroad Company. —Case settled, COMMON PLEAS—SPECIAL TERM, By Judge Daly, Cantrell, by guardian, &c., duced to $1.00, ve. Lewie,—Sureties not suffict Insnrance Company vs. (lass et al. — of promises may be put in be- Foligwe ye, Cock. Motion to diechas bi ‘ollows vs, Cook,.—Motion to discharge attac denied, with $10 cost, (Opision) COURT OF GENERAL SESSIONS, Before Recorder Hackett, OF THE PXCISE LAW—REMARKS OF THE RECORDER, Hii Honor the Recorder disposed of a large calendar wf criminal cases yesterday, The case of most general public interest was that of George Parkens, who pleaded guilty to au indieument charging him with violwing the Bxcise jaw. His Honor tho Recorder, in passing sen. ence, sail the Excise law was designed to punish those who sold liquor without a license,.and that the public poace should be observed, He was informed that a simi- —Referce’s report and order filed and report and granting a decree of di- VIOLATION Jar cage waa tried before Judge Barrett, who imposed a | fino, and intimated that upon the next conviction for the violation of the law ho would impose the full ya of its violation. The Recorder thoug!' hat =n) long =a this daw WAR oon tant _ Malute “books it ba olgerved, yale Its filing during tho | Good to the State Prise These prisoners were cach sent to the State Prison for | two years and six months, Herbert N. Lathrop, nst whom there was an in- dictment for embezzling [roi Adrianee, | worth of iron, | house for disorderly conduct. | WASHINGTON PLACE POLICE COURT. | departure Mr. Exall by Officers Von Ge | Office, Judge Wandell held him yesterday in $1,000 wer, | were brought in and pl | and both of them were arre d.—Referee’s report and order | | vs, Chamberlain. —Bail re- | NEW YORK HERALD, THURSDAY, AUGUST 12,°1875—WITH SUPPLEMENTS . ever might be the individual opinion of some citizana as to its Comatitutionality or the benefits to be derived from its observance, ‘There had not been any convic tion in the General Sessions for this offence, and he (the Recorder) did not fool disposed, under the circum- stances, to impose the extreme ity. He sentenced Parker to the City Prison for thirty days, and directed | Lim to pay a fine of $100, His Honor iptimated that should auy perso be convicted hereafter before him for a violation of the Excise law, he would punish bit to the extreme penalty which the statute permitted him to impose. Commissioner Stiner was in attendance to Prosecute, and expressed himself satisded with this dis position of the case, BURGLARIES AND LARCENIES. Charles Werner, alias T. Karl Werner, who was in- dicted for an attempt at grand larceny in a dwelling house, pleaded guilty. On the 24th of July he was canght in the premises of Nicholas Meisner, No. 85 Ninth avenue, aud was about stealing a coat when he was arrested, John Reynolds pleaded guilty to petit lareeny from tho person, in stealing. on the Ist of this month, a silver wateh, worth $10, from Griffin P, Lillis. William G, Good, who was charged with embezzling #1,214 from the firm of J. J. Stuart & Co., bankers, in Nassau street, during the year 1874 to Jul whom he was employed as a clerk, pleaded ‘guilty | attempt at grand larceny, His Honor remarked that the employers of this pris oner, who succeeded in getting back the stolen money, interceded in his behalf for cle y and asked for bis discharge. He (the Recorder) could bot consistently bs- ton to stich a suggestion and felt it to be his duty to send Piatt & Co,, n 0, pleaded guilty to the offen There were tive similar charges ainst the prisoner, the aggregate sum stolen being vut $3,000, Andrew Miller, who was jointly indicted with John wilt ery in the third de- mn the Tih of Janu- ph ner to a ics and Traders’ National for $500 on the M ik. Al the request of counsel for these prisoners sentence was postponed to enable them to prepare ailidavits in mitigation of punishment, Jobn MeCarthy, who on the 19th of July stole a piece of cloth valued at’ $100, the property of Weischtnann & Kner, pleaded guilty, Ho was sent to the State wu " charged with burglariously 4 Slot, No. 333 West Fortieth t, on the 18th of July, pleaded guilty to an attempt at burglary in the third degree. One year's imprison- ment in the State Prison was the punishment inflicted. Charles Kdwards, alias James Meehan, who was with discharging a pistol at John Brady on the 5th of July, pleaded guilty to assault and battery. There stances which led to the accept- He was sentenced to the Peni- months, tentiary for twelve JUVENILE THIEVES. Edward Patrick Punch, Samuol Morehead and Michael and Robert Miller (boys) pleaded guilty to burglariously entering the blacksmith’s shop of Dennis McCarthy, No. 812 Front street, on the 80th of July and stealing $25 Karl Herman (a lad fifteen years old) pleaded guilty to stealing a pocketbook, containing $7 50, from the person of Henrietta Limkin, while standing in front of a dry goods store in Grand stre These young criminals were sent to the House of Refuge. AN ACQUITTAL. Charles Hill was tried upon a charge of stealing some wearing apparel on the 30th July, from the house of Andrew Fields, corner of Twenty-ninth street and Third avenue. The jury, after a few anoments’ deliberation, rendered a verdict of not guilty, TOMBS POLICE COURT, Before Justice Duffy. BREAKING UP A DEN. Captain Williams, of the Fourth precinct, and a posse under his command on Tuesday night made a raid ona low den at No. 50 Oliver street and arrested the pro- prietor, William Cooper, together with fourteen women and eight men. Cooper was held for trial and the other prisoners were sent to the Island, ASSAULTING AN OFFICER, John Duval, of No, 225 Elizabeth street, was held to answer on complaint of Oficer Waller, of the Fourteenth precinct, who charged the prisoner with cutting him in FIFTY-SEVENTH STREET COURT. Before Judge Kasmire. BOLD THEFT BY SNEAK THIEVES. Thomas Connoughton and Andrew Bailey, two sneak thieves, wore hold for trial in default of $2,000 bail each. On Tuesday afternoon, in the absence of Eliza Larkins, of No, 628 Second avenue, and her husband, the accused entered her apartments They locked her daughter Annie in a front while they rifled @ bureau drawer Of $88 worth of jewelry. ‘They then eseaped, but were subsequently arrested. None of the property has been recovered, A WIFE DANGEROUSLY BBATEN, Michael Daly, of No, 647 East Sixteenth street, was committed to await the result of his wife's injuries, sho having been beaten by him on Tucsday night ina most brutal manner. She is now in Bellevue Hospital. COURT CALENDARS—THIS DAY. Scrreme Covrr—Caamners—Held by Judge Weet- brook.—Nos. 64, 74, 109, 132, 135, 147, 148, 174, 186, 198, 2UL, 215, 216, 217, 218, Court or Geverat Sxssiovs—Hold by Recorder Hacket —The People vs. William Packenham, felouious and John John Arnold and Robert Harris, burglary; Same . George Kennedy, burglary; Same vs. John Chill, burglary; 5: ‘thomas Crook, burglary; S Samuel Van Duyn, burglary; Same vs. Patrick and Thomas Lynel, burglary; Same vs, Caroline Bane’ grand larceny; Samo ys, Kate Horn, grand larceny; Samo vs 3 MeGonigle, grand larceny; Same Mary, Himbart, grand larceny; Same vs. John I ery; Same vs. John Me- ery; Same va, John 1 Edward Miller, Johnson, petit la THE COMMISSIONER OF JURORS. MR. DOUGLAS TAYLOR ON THR WARPATH. The question a8 to whether Mr. Douglas Taylor or Colonel Thomas Dunlap legally occupies the position of Commissioner of Jarors still remains an open one, Had Mr. Taylor been at home when Colonel Dunlap was appointed, by nomination of Mayor Wick- ham and confirmation by the Board of Alder. men, it is understood logal proceedings would have been taken at once, and the matter assumed an entirely different shape, As the ease now stands Mr. Taylor has placed his interests in the hands of coun: ani a contest will probably be waged in the Courts, Mr. Taylor plants himself squarely on his legal rights, and coutends that much injustice and trouble would result to liligants from the present interference with his office, He does not particularly desire the place, but asserts he would be derelict to his oath if he surrendered the Com- missionership at this particular time. His new office 1s at the corner of Fulion and Nassau streets, where he “AIL current business will be re complaints and excuses of be heard, all claims for ex- erred and all fines and penalties paid and receipted for. I shall, as usual, superintend the drawing of the Grand Jury. | [ beg to caution jurors not to pay attention to any notices or demands made or given Dy any other person than myself, who claims to He Commissioner of Jurors, and to warn them against paying moneys for alleged fines or penalties to other than myself or assistants, and particularly to beware of persons claiming, for pecuniary considerations, to r » jurors from duty. Public information is also give that ihe new Grand Jury | , according to the pro- visions of law, to be September 1, and new petit jury lists on October 1, and immediately prior to the autumnal elections, I will be glad, as usual, to re- ceive suggestions as to the composition of these lists.’” It is a pretty quarrel as it stands, and promises to givo the public some trouble before it is onded, jurors are emption to THE DEPARTMENTS. THE FIRE COMMISSIONERS. The Board of Fire Commissioners failed to hold a meeting yesterday, allhough they were all in attendanco at headquarters during the day, It seems that they are anxiously awaiting the decision of Governor Tilden on the removal of two members of the Board, but it is un- derstood that by the close of the week they will hold what may be called their final meeting, a8 they concede the removal of at least Perley. thearm withakaife while being taken to tho station Before Judge Wandell, ROBBED IN A BILMARD SALOON. Mr. Charles H. Exall, of No. 247 Kast Thirteenth street, aceused a man named Charles McClellan of stealing from him a watch and achain valued at $53. On Tuesday, Mr. Exall went into the billiard saloon at No. 7 New street with a friend named John Ander- He hung up his coat containing the watch and chain on the wail. While he and his friend were playing McClellan came and sat directly under where the coat was hanging and held a newspaper up in front of his face. Beforo the game was finish MeClelian went out. A short time after his nissed the watch and chain. M. Clellan, who is a well known sneak thief, othorw Known'as Eddy MeLean, was arrested on Tuesday night yon Geriehter and La Rae, of the Central | son, bail to : A CAR THIEF, Timothy Ryan, alias “Oats,” who was arraigned be fore Judge Wandell on Tuesday, charged with stealing a diamond pin, valued at $250, from Mr. Wm. Vogel, of Nos. 8 and 10 White street, on a street car, on the 30th of July, was brought into court about ten o'clock yester- day by Deteetive Kealy for examination. The identiti- caiion of him by Mr. Wm. Vogel and his brother Hey- man Was most positive. Judge Wandell held the pris- oner in $3,000 bail to answe THIEF ARRESTED, ning a package of 1,000 cigars was a by Joho H. Jones, an employé of H. K. Thure ber & Co., of Duane street and West Broadway, to John Looby, an expressman, to be subsequently delivered to found inthe possession of one P nan Foley of the Eighth preeinet, Smith wi arraigned before Judge Wandell, at the above Court, jay, and was held in $500 bail to answer. A DELUDED WOMAN. Shortly after thgyrisoners from the different precincts in the box yesterday morn ing Court Officer Fleming noticed a girl acting very in the box wherein the women are kept pre- vious to being arraigned before the magistrate, She had been arre » night before for intoxication and was still ina nented state, She walked up and down chained tigress and tore of ber walking aud ing on going toward the box again saw ng back, with ber 1 around whiehe a silk scarf wag lightly drawn, resting on the edge of one of the seats, She was making a determined effort to choke herself, When the’ door waa opened she was already black in the face, The officer cus the scarf, and the girl was immediately carried out of the box and placed near a window in the Sergeant’s room, She recovered in ashort time and was then brought before Jadge Wandell, She told His Honor that her name was Kittie Sontene, and that she lived at No, 30 Bleecker On Tuesday night she her house with $39 fupina ikerchief, which she placed under the sthand of her dress, She met a Frenchman named Kdmoud Souterre, who asked her to takea glass of wine, After making her pay for the wine, Souterre stole all her money and ran off. She followed and caught him ed and locked up for in- discharged Kittie from 1 $10, which he paid, MR. SIMPSON'S CASE POSTPONED, Mr. C. W. Simpson, the broker of No. 48 Broadway, who was arrested by Detectives Kealy and klder, charged with having a $1,000 bond on the city of Des | Moines, Iowa, a portion of the proceeds of the Bagring- | ton Bank robbery, in his possession, was arraigned for | examination yesterday afternoon. Mr. F. 8. Deland er clothing. the box hike i ceased, toxication. Judge Wandell custody and fined Edmo | the cashier of the Barrington Bank, was telegraphed for }on Tuesday a @ despatch was” received him yesterday = morning stating that he w he in this city at five o'clock in the afternoon, dutge Wandell, therefore, said he would remand Mr. | Simpson. a until to-day; but Judge Flanders, who | appeared for the prisoner, asked that the prisoner be paroled and he would become personally responsible for {ir Simpson's appearauoe at any timo.” His Honor oc. President Perley, upon being interviewed as to what he thonght would be the decision of the Governor, remarked that he could not be removed legally, as no proof of any wrong had been made, still he acknow!l- edged that it was in the power of the Governor to force him out of the Commission, and he preanmod he would have to go. Commissioner Hatch refused to converse on the subject, but said he had every reason to believe there would be a chang, if general rumors were true, Commissioner King said that it behooved the Governor to act in the matter as soon as possil The wheels of the department were clogged in several ways, and the matter should be settled one way or another, ‘The Gov- ernor, he said, had seen the importance of acting promptly now, and he expected a decision at any mo- ment. Several names are apoken of for tho new Commis- sioners, among them ex-Fire Commissioners John J, Gorman, James. Y. ire Commissioner Watkins, ex Henry Wilson William’ Lawh, The following hanges wore made in the Department:—Freterick cks, of Engine Company No. 42, resigned; Thomas McMurry, of Engine Company No. 19, promoted to En- sineer and sent to Engine Company No. 3; John R. vay, transferred from Engine Company No. 4 to Kn- gine Company No. Patrick MeNuily, of Engine No. 41, to Engine Company No. 38; Walter ine Company No. 27, to Engine Company Engine Company No. 28, to Engine PH of Hook and Lad- No. 43; James J. adder Company, to Engine Com pany No.1; Lawrence Farley, Hook and Ladder Com- pany, to Kugine Company No. 20, y, Heartley, Hook and DEPARTMENT OF DOCKS, The Dock Commissioners held a brief session yester- day afternoon, Commissioncer Wales presiding. Several communications were received of no public interest. The only business of importance transacted was the order for widening pier 50 on the North River side, causing on additional 74, feet added on cach side, It was also reed to dig into the inlet foot of Nineteenth, street at the request of Mr. Kano, said inlet having been tilled up by thy Police Department. DEPARTMENT OF PARLS. ‘The Commissioners of the above department were in session for over three hours yesterday in selecting men for employment. A largo number of workingmen con- gregated in and about the building during the afternoon, and among the number were men who have seen better days, One was an ex-Councilman and another was for- merly clerk of a police court. Some twenty appoint- ments were made. No other business of public interest was transacted, A SEA OF ICE. PERILOUS VOYAGES AT THIS SEASON ACROSS THE ATLANTIC, The Wark Kate Crosby, of Yarmouth, Nova Scotia, which arrived at this port last Monday morning, fifty- nine days from London, passed through an immense fleot of icebergs on her voyage hither. Tho bark, a very neatly built vessel of 696 tons, is now lying off Pigcon’s wharf, at Hunter's Point. Her commander, Captain Porter, has followed the sea for a good part of his life | and has been on the Kate Crosby for the last four years, Never before in all his experience, he says, has ho passed such large floes of ice, On the morning of July 15, about seven o'clock, when in latitude 49 deg. 28 min. north and longitude 47 deg. 47 min, west, being about 210 miles east northeast of Bonavista Point, tho first iceberg was geen, A thick fog through which they had been sailing for the two previous days had just cleared away and the ther- mometer had fallen, As the captain said, “it was like a cool October day.’ No rain was falling and the sky was only slightly overcast, Soon other icebergs wero reported and the course of the vessel had to be changed, In « very short time, from the deck, a great many more wore discovered, By nine o'clock twenty-seven tee- bergs could be counted from the deck, and from the top- mast they could be seen covering the sea to the north aa far as the eye could reach, Shortly after noon THE NUMBER HAD REACHED SRVENTY-THRKE, Th@verscl sailed quite close to some of them. Tho | cepted Judge Flanders’ guarantee and paroled Mr. | Siinpson till three o'clock this afternoon | ESSEX MARKET POLICE COURT. | Before Judge Smith. | SELP-CONFESSED BURGLAR, | At haif past seven o'clock on Sunday evening Mr, | Morris Herner left his premises, on the first floor of No, | 16 Ludlow street, and returned at balf-past nine. In | the meantime an entrance had been forced into his | rooms by the breaking of a large padlock, and $300 worth of «ilverware and valuable clothing had been carried off, On Monday Mr Horner was informed by Louis Erch, of No, berg 113 Delancey street, that he mot Julius Rosen n Orchard street on Sunday night, about ten ‘k, with three bundles in his possession, which the icnowledged had been taken from Hernor's Rosenberg, who was arrested by Officer Muller » Teuth precinct, was beld in $1,000 bail to answer, | SOUNDING THE ALARM, Mr. James Droge, of No, 224 Madison street, while | sitting in the rear of his store on Tuesday evening, | heard the alaria bell aitached (o the money drawer ving | apd an Gut in lime to Catch a lad nained Paérick Drigco about twenty feet away from the drawer, Driscoll was | pel by Judge Smith in $500 bai ig anawor, water was covered with many smaller floating piooes of ico, Some of them were three times as large ay tho ship, and the majority were as high as the topmasta, They continued in sight ali day until about ten P. M. when they became leas frequont. On the first and second days afer between ton and fiftcen very large bergs were pasged daily. On the Inttor day, just after they had passed quite close to a large icoberg, it turned over and burst with a groat noise, like the rumbling of an earthquake. During this time they had passed foes | steamers, Captain Porter said he could not understand how there were so few accidents, secing the danger #0 many of our steamers run on every voyage, MORE ICRHERGS have invaded our northern ocean this yoar.tn the direct track of European commerce than has ever before beon recorded, The steamship Indiana, of the American line, on hor trip last month from Liverpool to Philadel phia, reports that on the morning of July 6 she oncoun- tered between fifteen and twenty iceborgs within two hours, from batf-past three to half-paet five. The course of the ship had to be altered to pass some of thom and they sailey ered between othors. The weathor was Fplay Aid tho tHermomeler ‘had’ tales about ton dee grees, This was in longitude 48 dag — wost and latitude 41 deg. north, directly south of where the Kate Crosby encountered the ber | days afterward. This was almost (he southorn ifmit im which iccbergs are seen ab this sipo sf yout, havo been inct, however, earlior i th woowon, an far aa thirty Uuco Jemrogs mort lakitnde, PLIMSOLL AND BATES. PARLIAMENTARY PERSONALITIES DURING THE STRUGGLE VOR SAILORS’ RIGHTS IN ENGLAND— THE CABINET SHIPPING BILL AT ITS SECOND READING, In the House of Commons, on the 20th of July, Mr. Plimsoll, who rose in his usual place below the gang- way, and was received with a cheer, said:—“Sir, it did not take me the whole week, so generously accorded to me by this House, to perceive that it would be impossible to conduct the government of this great country—im- pessible to maintain its honor and influence abroad, or ‘VYhe dignity and authority of this House at home—untess: its debates were conducted within strict limits. 1 6x- ceeded these limits ou Thursday last, This being so, Patriotism and common sense, and, 1 may add, right fooling, alike demand that I shoufa withdraw such terms and expressions as“ have transgressed parliamentary usage and apologize to you, sir, and to this house for using them—(‘Hear, hear !")—and this in no grudging or reluctant spirit, but frankly and sincerely, (Cheera.) This I now do, sir, and hope you and the House will accept my apology. (Hear, hear!”) I trast, sir, it will not be considered incon- sistent with that respect which I feel for and have now expressed to this House, if Tadd that I do not withdraw any statement of fact, I now submit myself to the pleasure of the House, (Cheers.) a The honorable member then withdrew, ‘The SreaceR then said—The question is that Mr. Plimsoll, tho member for Derby, for his disorderly con- duct, be reprimanded in his place by Mr. Speaker, Mr. DIsRARLI—Mr, Speaker, when [rose a week ago to make that motion which you have now put from tho chair [ was unaware of any circumstances except those which were patent with regard to the subject to evory member present; and 1 felt that [ was doing my duty, painful as it was, to you, sir, and to the 'Honse—(“Hear, hear!”)—but" L confess that had 1 been aware then of circumstances with which we wero afterward made acquainted—had that authorized statement by the frieuds of the honora- ble member for Derby been made by the honorablo member for Louth—or had 1 been acquainted with the circumstances to which he had referred, | should not have made the motion which I then made, (Hear, hear!) [ should haye felt that the case was one of a peculiar character, and to be treated in a very different spirit. I should ‘have looked upon it, as I look upon it now, as a caso of overstraincd sensibility in a man ex- cited by his devotion to a cause which, however many of us may differ as to the measures he proposes as a reu- edy, all inust acknowledge to be a great and good cause. cheers.) I will even say, sir, that with these feelings, ul the honorable gentleman not appeared in his place to-day, I should have declined to press for any distinct opinion of the House, but should have again advised them to postpone, and even for a longer period, the motion which, as an act of duty, Thad of- fored to the House, (‘Hear, hear!) Lam, like all, Lam sure, deeply gratitiod to know that we have not to consi¢ an issue of that character—(‘‘Hear, hear!”}}—that we have seen the honorable gentleman in his place restored, L am sure from his tone and bearing, to that stato of temper which becomes all who are members of this assembly; and 1 think [am expressing the general feel- ings of both sides of the House that they receive the expression which he has offered to us as a complete and satisfactory apology for what was, no doubt, under ordi- nary circumstances, a great indiscretion, (-Hear, heart”) Those sentiments have been offered, [ am sure, by the honorable member for Derby in’ sincority— “Hear, hear !"?)—and I trust they will be received with indness; and, therefore, I take the earliest opportu- nity of moving that the order bo discharged to which you have referred. (Cheers.) The SrmakeR baying put the question that tho order be discharged, Mr, NewpxGare said that the honorable member for Derby had in his last words reaffirmed the charges he had made against shipowners, foe no!” and ‘Hear, hear!"') Tt wasduo to the House that those charges should not be passed lightly over, and that no one should have any cause, however good, advanced.in that House by a process of disorder, | (Hear, hear!’’) Willing, therefore, as he was that the House should par- don any indiscretion, he felt that they were bound to callon the member for Derby, as he had reaflirmed those charges, eithor to withdraw or to substantiate them. (Nol? and “Hear, hear!) ‘Tho SPEAKER having again put the question that the order be discharged, only one or two faint noes wero heard, and the motion was at once agreed to amid gen- eral cheers, A GREAT ENGLISH SHIPRUILDER STILL ILL AT KASE—HONOR OR COMBCTENCK ? During the sitting of the House of Commons on July 80 Mr. Bates said he rose with reluctance to express his rogrot that Mr, Plimsoll had not when he had the op- portunity come forward and acknowledged that he had done him (Mr, Bates) a grievous injury, He wished the House to say, aye or no, whether he was fit to occupy any longer the proud position of a momber of that House. He thanked the Premier for the answer which he had just given to his question, and proceeded at somo length to give a detailed reply to the charges implied against him by Mr, Plimsoll last week, showing from documents that the vessels whieh he had lost had been specially surveyed, were good ships and well found in every respect. ‘They wero not overloaded, and were all of them either’ classod Al or AAI, and he also read an afiidavit from his brother to show that they wero not insured for more than two-thirds of their value, and in most cases for only one-half, If he had been’ guilty of the conduct insinuated by Mr. Plimsoll his credit and character would hava been utterly ruined, but he trusted he had shown that these charges were a8 unjust as groundless, (Cheers. Mr. Puimsout said that th asked for enormous powers, and with the utmost discretion, esper ly if, as ho hoped, the amendments of Mr. E.'J. Reed wore engrafted on the bill. The government must select first class mon who would command confidence in their respective ports, and he belioved they would do so, for ho saw the name of the Chancellor of the Exchequer at the back of the bill. Ho reviewed the results of successive legislation since the act of 1847, and pointed out that it had had injurious effects, and entailed a considerable loss of life until 1872, when, for the first time, steps, but by no ) bill of the government be exercised means 50 efficient as he could desire, were taken to ar- rost it, For instance, during the last two winters no timber or grain ships had been lost in the American trade. He wished to point out that it was clear, from the official reports, that mach good had been effected by the recent, legislation; for, while the losses of vessels sailing from British ports had decreased, the losses of those from foreign ports had increased. This was owing to the greater attention paid by our government lo load- ing. Still he would show to the House that more must be dono, Losses were still going on, not only of mill- ions of property, but also of life, and often at- tended with scenes of the greatest horror and suffering, from causes which could — be prevented by legislation, If so much success had at- tended past offorts, he urged the House to take further stepa, and be believed if they would grant the govern. mont the extraordinary powers asked for temporarily, with the additions which he recommended, they would find next year that their legislation had not been in yain. They would then be better able to deal with the whole question. In onclusion, he asked the House to put its foot down firmly and not allow any attengpt to talk the bill out. The shipowners, who must have been aware of the state of things, had made. no effort to remody it, but the moment others attempied to do 30 they talked them to death, with the view of preventing legislation at all, He, therefore, hoped that all parties would unite to make the bill as effective as possible, (Cheers.) Tho Cuaxcettor of the Excregure warmly compli- mented Mr. Plimsoll, not oaly for having added to the already high character and the reputation which he had acquired for the services ho had rendered in this matter, but for the example which he was now setting ¢o the House with respect to the spirit in which they ought now to proceed. They ought to be more anxious to do something than to quarrel as to who should do it. He was ready to admit that the past state of things waa most melancholy, bat the question was how far it was preventable by legislation, He was afraid that no logis- lation could prevent a great portion of the comnaiies, but in many respects, such as in soundness of material and construction, the state in which ships went to sea, as well aa with respect to loading, &c., Parliament | could properly interfere, In his view tho only way in which they could efwctaally do so was by invoking and compelling the aid of those interested and respon- sible, but they must be careful not to take away that interest or destroy that responsibility, The object of the government in their bill was to improve the law for the purpose of enforcing the responsibility of the ship- owner; but the question was so fall of complicated and delicate details that it must be aproached with amplo knowledge, temper and patience, However, with the indulgence of the House and the aid of those intorested in the matter, the government hoped to-pass the bill to deal temporarily with the most pressing exigoncies of the case. In committee it might be necessary to con- sider what other provisions could be introduced. Thoy would require careful consideration, but from the spirit now displayed he had sanguine hopes that these points would be satisfactorily settled. He joined in he appeal of Mr. Plimsoll, and, on the part of the government, stated that no effort’ would be wanted on its part to make whatever they decided upon as effec- tive as poxsible—they wore ready to deal with all rea- sonable propositions. The bill now before the Honse was purely temporary and necessari narrow in ite character, Its only object was to increase the pow- ers of the government in stopping unseaworthy ships. The government must srvogy oppose the introduction of auch questions as the load linc, of the survey of un- classified ships, but there were three other points re- lating to deck cargoes, overloading and the carriage of grain in bulk, with respect to which they will afford every opportunity for a full and fair discussion. (Cheers.) In conclusion he expressed the deep regret of tho government that they were obliged to withdraw the Merchant Shipping bill; but, although a temporary measure, he believed this bill would not only be a guar- antee, but pave the way for comprehensive and perma nent legislation. Mr. Maciver said he hopod the House would agree ¥ the second reading of the bill without a division, and 6 wished to congratulate the government upon the excellent spirit and intention in which thoir measure was conceived. He thought it afforded an opportunity for fairly debating tho only four questions of immediate importance that ps ‘ible with regatd to the vyol- uminous measure which had been abandoned. There wore other questions of importance in regard to which he had ventured to give notice yesterday in the hope that after the questions had been sufficiently discussed jong the partios Fe the government would fecal ‘Ives bring (n by aud byo a complote moasure for consolidation and amendment of the laws relating to me \\ shipping, and yw bear in minut that railways and shipping hat brought woon the Board of Trade rendered evory @ay more w some considerable change In re- ard to the fro j momo of tho department. He } a8 on a former occasion, in regard to the bill which had been abandoned, placed on the notice Paper certain amendments which might be taken as representing his views and the entire extent to which he desired to support the measure of the government, But if the withdrawal of those amendments would in any way facilitate the passing of the measure he would, a8 on the former occasion, very cheerfully place lis views on one side in order that’ the matters in dispute might be fairly fought out upon other amendinents still remaining on the notice paper, with which he did not entirely concur, but which would equally raise the same questions, and afford the opportunity for debate. Mr. Maclver said he had just reecived a letter from a Loa- don solicitor of very considerable experience in regard to shipping affairs, which was so entirely aprapas that ‘ouse, The he would read an extract from it to the writer said :— ‘The saddle is being put on the wron, ment ix not to blame; the late they have done, or, in : his best, dud Mr, Dis simple trath when he said he regret. The real blame rests with the po officials of the Board of Trade. ‘They made the roy; jssion a dle- lusion, and got the present government flest to propose & monstrous measure and then to shrink from a discussion of it Those views were very widely held, and he had there fore taken the liberty of stating them to the House, but he did not mean to say that he entirely concurred with them. He had personally a great deal of respect for the able permanent officials of the Board of Trade, some of whom were personal friends, and he had no dosire to bring any charge against them except he thought they were overworked, and that some considerable change in the internal economy of the department was really required. But still the fact remained, and to that extent he agreed with the writer of the letter that it really was owing to the state of those within tl hat was asked to consider such cru posal in regard to legislation. The conclusions of the Royal Commissioners were only matters of opinion, and he thought those matters of opinion were, for the most part, capable of being reduced to the toast of fact. fe desired to call attention to what wero really the two leading recommendations of the Royal Com- missioners. Those gentlemen held very strongly to the view that the survey and classification of “yes. sels tended. to relieve pi Hain from proper re- sponsibility, and bring everything and everybody to the dull level of mediocrity, He differed entirely from the Commissioners on the subject, aud thought that the facts of the case were as clearly demonstrable as that two and two make four, Liverpool was second to no port in the kingdom either as regards its steam- ships or as regards its sailing ships, and the simple truth of the matter was that almost every one of the magnificent, vessels on which the Liverpool people pride themselves Was already in some form or other surveyed, The splendid iron ships for which the Mersey was Ko well known wero, almost. without exception, ' already surveyed and classed, and he challenged his honorablo friend opposite (Mr. Rathbone) on the subject, as he had done on a former occasion, How, therefore, he asked, could it be reasonably maintained that the principle of suryey was abandoned ? Mr. Ravunoxe sald it was not true, as the question had been asked, that there was only one surviving w ness who was examined in the shipping interest by the Royal Commission and that he had changed his views as to government surveys and load linea, In corroboration of this donial he would read a letter that he had received upon the question :— Winpenwene Horet, Wixpxrexre, July 28, 1875. Dean Fuiexv—l saw in the Mercury of yesterday a par Gorst hud given notice that he would usk the only surviving Liverpool witness in the bone interest who was oxamined hefore the Roval Co sion had not, within the last few days, recanted his and was now in favor of surveys, lund lines, &e. 1 the inquiry is not of tha small should refer tome (as T conclude it may, since poor Lam- port's death), Lam sure you may give it the fullest contra- diction, I dislike exceedingly the form the government Ship- ping bill is gradually assuming, and Tam very sure the com Tey will dishike when time has allowod its effects to be developed. rinciple of surveys, load lines, &c.. merely has the effoct of keeping tho bi T was for ber of Lioyd’s a cla: ts on re on ' ; try. pironse thoee insitentions le tis only persons who don't and who wish the maximum of charac- quality in their vessels who resort to encrows sympathy Mr. Plimsoll’s outburst has evoked won't Tiina the Honse to the trae state of the case. Loss of life won't be prevented by his bill; it will be merely transferred from the colller to the passenger wae Bad ships will he better, good ones worse, forsucu Inws. Al: ready I can porceive it has become more difficult to send ships safely, owing to the Iaws which havo heen passed. I think the result of passing more of the kaine typo Will be vory grievous whon time has allowed their full development, In hasts, yours vory truly, ALFRED HOLT. ‘As a shipping owner, Mr. Holt was most aucceasful in saving life, and. in the course of twenty-five years he created two of the largest steamship companies that existed and that in spite of the force of large subsidies, Mr. Holt was one of the foremost of men in introducing improvements in ships, and he occupied the extraordi- nary position of being a steamship owner who had never lost a ship. (Cheers.) The honorable member was referring to a letter he had recoived from Mr. Charles Maclver—in which he said that he saw no difll- culty in applying a system of load line to veasels in ex- istence, but that he had doubts as to the effect on ves- sels yet to be built—when Mr. Maclver arose to make an cxplanation, Mr, Disraeli, however, deprecated further discussion at that time if they intended to pass the bill, and Mr. Maclver resumed his seat. Mr. Diskavti then recommended the House to read the bill a second time. He strongly denied. the charge that the government had sacrificed the Merchant Shipping bill for the Agricultural Holdings bill, and dectat that it was not the force of padlic opinion which had obliged them to bring forward the bill, although, no doubt, they had been powerfully aided by’ it in doing so. (Lronical cheers.) ‘The bill was read a second timo, THE NRW BRITIAH SHIPPING HILL. The following is the text of the English government bill to make temporary provision for giving further powers to the Board of Trade for stopping unseaworthy ships:— Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Conmnons, in this present Parl assem bled, and by the anthority of the aame, as follow: 1. The Hoard of Trade may forthwith and from time to int asufficiont number of fit and ‘on their own staff or otherwike, to be Authority to detain unseaworthy ships, and may from time to time revoke any such appointment. « If any officer Ko inted has reason to believe, upon inspection or ¥ British ship is by reason of the defective condition of her hull, equipments or machinery, or by of overloading or improper loading unfit to proceed to sea wut serious danger to human life, he may order that the detained for the purpose of being surveyed. shall the same effect as if of the Board of Trade under of the Merchant Bhivping act, 17H. the purpose of ascertaining whether a British ship is fit any officer so appointed may go on board the samo, or any part thereof, or any of tic rd th 4° inions, 0 i it im case it onght to know somo serve, and {can 9 tor to the winim them. [hope thi have nection F roceed 19 80m, ‘ship and in the machinery, boat thereof, not unnece: proceeding on hor voyage podes im in the execution of his name and any person wii duty shall be liable to the nalties and may be dealt with in the samo manner as ifthe officer were an inspector appointed by tho Board of m wilfully im- ‘Tende under the Merchant Shipping act, When any officer 80 appointed orders a shtp to be detained he shall forthwith repo gt to the TT An officer so apy eive such remunet his services un Treasury from time to time direct, and snch remuncration shall be paid out of moneys to be provided by Parliament. 2, Whenever a complaint is made to the Board of Trade or to any offic seamen be- longing to an of, if seamen exceed twenty, by not less than five such seamen, that the ship is, by reason of the defective condition of her bull, ‘equipments, or machinery, or by reason of overloading or im: proper loading, unfit to proceed to sea without serious danger fo human life, it shall bo the duty of the Board or officer, as the case may be, if the complni made within time su 80 appointed y British ship, . Proper stops ship ought to be detained for the under the M is 1875, and sh construed ay one with th Shipping set, 1X4. and the acts amending the same, the said acts ‘and this act may bo cited collectively as the Merchant Shipping acts, 1854 to 1875, 4. This act shalt continne in force until the Int day of Oc- tober, 1874, THE HOUSE OF COMMONS, A MEMBER'S OPINION OF THE ENGLISH LEGISLA- TIVE ASSEMBLAGE. [From the Cork Examiner, July 81.) Mr. Biggar, the meinber for Cavan, is reported to have used some strong language with respect to the members of the House of Commons at ahome rule meeting in Deptford, Criticising the composition of the House, he said “the government classes in it were combined to plunder and rob the working classes, of which the bulk of the population was composed, As to the government of the country for the beneflt of the le, the Houso of Commons was a most thorow imposture, Its members were “mmonsely overrated, There wore very fow men of even ordinary ability among them. They wanted earnest men in Vartiument, mon like Mr. Plini- soll, who spoke the truth for once when he called the Ministers murderers.” In that, Mr. Bi added, he waa,right, for the ministerial bill, which had been with- drawn, was never meant to save the life of the sailors, and was just worth the paper on which it was printed— nothing tnore, The speoch has attracted some attention in political circles, WATERING PLACE NOTES. Devotees at the camp meoting summer resorts have had no occasion this year for singimg the old bhyma— Ho! overy one that thirgteth, Come ye to the waters, Ae. ‘They think thoy have had water enough for one season of devotional exercises a la fresco, A fair correspondent speaks in glowing terms of Hampton, Conn., as the most beautiful among all the beautiful picturesque and quiet little placos of summer resort in this vicinity, It is situated on the highest point of land between New York and Boston, and is to all intents and purposes a perfect little hidden paradise, Several New Yorkers are enjoying its beauties, Dr. A. Wilkes Smith, of Richmond, Ky., is among the recent arrivals at the Loternational, Niagara Falls; 80 are ©. L. Derby, Centennial Commissionor, New York; Colonel Goorge Reed, of Cincinnati, and gthera. Hon, William McQuade and J, F, Poole are at the St. Mark's, New Brighton, Staten Island, M. 8, Heymann and family, of New York, are at the. Ocean, Nowport, 1. Cobnfeld and family aro at the Pavilion, New Brighton, Staten Island, i Nahar wd Henry M, Heymann, of Now York, and Gans ah and family, are at the Pavilion, New ton. 0 best rooms im Longe, Maas, arg to be found im | un a veritable Dridowell, Hance it is & favorite for bridal parties, Most of the visitors aleep in one and oat in another Maid servants, tripping across the road with a tray of supper for their mistreases, are quite frequently seen. It is remarked that brides at Niagara Falls look tired and careworn and a if thoy wanted to be at home, Mrs, A. H. Leonowens, the governess of the Court of Siam—whatever that may be—is the guest of Mrs, Johit Paine, at Newport, Tho richest woman in Amortea Ls content (for the soa- Son, at least) with a syweot little cottage, near by the sea, at Newport, Semi-weekly hops on Wednesday evening, from which townspeople are excluded, have been initiated at tho Ocean House, Nowport. jarden parties are in great favor at Newport, A ver brilliant party of sthis kind was lately given by Mra, G N. Beach, of Hartford, onsen ts Mrs, Beach, Hon. Edwin D. Morgan, Mrs. Hamilton Hoppin and Mrs, G. D. Wetmore, of New York, and Mrs. Hugh T. Dickey, of Chicago, will ontertain their fricnds once a week during the remainder of the season, at Newport, Divine service was held on board Commodore Kings- land's yacht Alarm, at Nowport, on Sunday last, , late of the St. Louis Demoer saved a young lady and a young man from drowning Southa L. L, recently, Fishback did not “go back’? on his nat ‘There is a veteran swimmer at Rockaway who watehos the bathers and ata glance can tell, amid a multitude of others, persons whose strength is failing and whé are in danger of being drowned, when he promptly goes lo their rescue. He has saved some twenty or thirty lives and brought in many bodies after life was extimet, , Key, Father Walsh, of Albany, is at the American; Saratoga. Judge A. MeCuo, of Brooklyn, 13 at Congross Halt, Saratoga, Tho Ashmends; .of Philadelphia; Colonci George Reed, of Cincinnati; W. H. Leonard’ and wife, of New York W. J. Hodgson ‘and wife and Miss Nellie Hodg son, of New Orleans; Hon, William D. Bishop, of Bridgeport, and Lewis N. Tappan and wife, of Boston, are at the United States, Saratoga. K. L. MeCracken, of New York, kinsman of Charl O'Conor; A. F. Gillendor and family; the Moal Baltimore, and 3, D, Morris, lawyer, of Brooklyn, are at the Clarendon, Saratoga, Rey, Charles A, Skinner, of Hartford, is at the Em- pire, Saratoga, Hugh MeLaughlin, of Brooklyn; ©. W, Bathgate, George Lorillard, J. I", Purdy, of New York; 8 O: Boynton, of Washington; the Wilcoxea, of New York; J. M. Hood and wife, of Maryland; C. M. Hendorson and family, of Chicago, are among the recent arrivals at the Grand Union, Saratoga, Tnited States. Treasurer F. KE. Spinner is resting his weary limba at the Monteagle, Niagara Falls, Charles Jenkins and daughtor, Miss Kate Jonkins, of Brooklyn, are stopping at the Clarendon, Saratoga. Mrs, Arthur Leary, Miss Leary and Miss Colhoun, of New York, are at tie Slates, Saratoga, joined his family, ‘atogn, Thomas Rutter, of New York, has who have a suit of rooms at the Union, Sar: COLONEL BAKER'S KISS. THE GALLANT HUSSAR WANTS TO BE TRIED BY A SPKCIAL JURY—HOW HIS NOTORIETY MIGHT INJURE HIM—“NO DIFFICULTY IN SETTLING THIS If I BEE THE BROTHER’ —BRITISH JUA- TICE. [Croydon (July 30) correspondence of London Times.}, Mr, Justice Brett presided in the Crown Court hore to-day. The application on the part of Colonel Baker for a postponement of his trial came on to-day at the sitting of the Court, and was refused, The grounds on which it was made and opposed were set forth in afdayits om his behalf and on tho part of tho prosecution, whick were read or referred to in the course of the dis- cussion, and, being before the Court, may more con- veniently be stated at the outset. Colonel Baker him- self made an affidavit stating that on the 24th of June ho was charged before the magistrates silting at Guild- ford with an indecent assault on Kate Dickenson, in @ railway carriage-on the London and Southwestern Rail- way, and was committed to tho Surrey Assizes at Croy- don to take his trial on charges of indecent assmalt om her, THE APPCDAVITS POR THK PROSROUTION stated that the case was first brought on on the 17th, and that the hearing was postponed until tho 24th om tho special request of the defendant's counsel, in order, as he stated, that the defendant might make inquiries about his accuser and have time to prepare his defence, and that then his counsel asked that if the case was to be remitted to another tribunal It should be sent to the Assizes. The affidavits on both sides referred to the application which had been mado to Baron Pollock at Chambers for a certiorari to remove the case into the Court of Queen's Bench, COLONEL BAKER, IN HIS APFLDAVIT in support of the application, stated “that the caso has occasioned considerable popular feeling, and a very strong projudice at present exists against mo, especially among the classes of which common juries are usually composed. [am desirous that the charges shall be trie@ before a special jury, which, composed, as it would bo, of the same rank of society a8 the prosecutrix and myself, I believe, will look with a more impartial view ‘on the case, as it will be presented by the prosecutio and the explanation I have to offer in my defence, po | itis most important that the explanation I have to make should be made to a calm and unprejudicod tribunal; that I have served in Her Majesty's army for twenty-seven years, during thirtoon of which [ com- manded Her Majesty's Tenth rogiment of Hussars, and that to have to stand my trial in the fore a common jury, at tho en itself, be attended with considerable humiliation disgrace, and bo prejudicial to my future career, although a verdict of acquittal is returned, which, with the consciousness of my innocet dently am ‘ipate. [ verily believe that I cannot obtain a fair and impartial trial at Croydon Assizes before a common jury."’ ¢ application Was supported by an affidavit’ of, Colonel Baker's attorney. ARGUMENT OF COUNSEL. Mr. Sergeant Parry, who (with Mr. Poland) appeared on the part of the prosecution, said he must oppose the application most peremptorily, and he would ask the learned Judge to refuse it, on the ground that if it were granted tho onds of justice would be dofeated, for that, in all probability, the trial would never be held. It ap. peared from the depositions that when Colonel Bakor arrived at Guildford to meet the charge, he said to a po- liceman, “I supy that thero will be no difficulty in settling this if I see tho brother,” that is, that the case could be compromised, and this was an ‘important in redieut in the case. There was an affidavit from Mr, Dickenson that he believed if the trial was postponed it would be injurious to his sister's prospects and probably to her health, and on these grounds ho earnestly hoped that the application would be refused. Mr. Sergeant Ballantino said the idea of the young lady's charactor suffering from a postponement was wild, and, as to her health, there was no ground for the sug+ gestion, JUDGMENT OF THE COURT, ‘The learned Judge said :—This application is not made to me to grant a certiorari, for [ have no jurisdiction to do so. Neither is it an ‘appeal from the decision of Baron Pollock, for I have no. jurisdiction to reverse hig decision, The application is to postpone tho trial an application may be mado to the Court of Queen's Bench to reverse the decision of Baron Pollock; application is made on two grounds—that the case ts ft for a special jury, and that thore is public excitemomt, upon it. It is aaid that, looking to the rank of the parties, the case is proper for a special Jury. [t seems to me, howovor, that, according to tho ordinary law of this country, th is not to be altered with reference, to the rank of ies, All persons aro equal in the eyes of the law, and the ordinary tribunal for the trial of criminal cases 1s a common jury. It is true that under certain circumstances the’ courts have exorcised @ judicial discretion in granting special juries—that is, im cases where thoro is great complication in the facts, or considerable difficulty in the application of the law.: Thus, in the trial of a celebrated case which lasted 80 many months, a spocial jary was empanelled. But thie is an ordinary criminal charge; and, however important it may bé to the defendant or the prosecutrix that jus. tice should be duly administered, there is neither com- Plieation in the facts, nor difficulty as to the law. herefore, it seems to mo impossible that f should post- pone the trial in order that en application may be mado to the Court of Queen's Bench for a special jury on the ground of the rank or position of the parties, ‘Then, as to tho necessity for a special jury on the ground that i¢ would be less likely to be biaased, Tcan see no ground for that supposition, No doubt there has been a great deal of diseuasion about the caso; it is impossible that it should not have been discussed in every class of #o- py: In this country; but it bas been as much discussed in tho higher ranks of society as in others, and | know nothing whieh could lead any one to suppose that the minds of mon of the common jury class are likely to be more biassed upon the case than the minds of persone of higher rank—uoless, indoed, under very peculiar cir- cumstances—and thorefore, upon that ground, I see no reason fof the postponement of the trial. The other ground urged is that there has been a general excite tment on the subject, which would prevent unbiassed trial at these Assiaes, But is there sufficient evidence to satisfy me of that? There is the alfidavit of Colonet Marshall, no doubt a gentleman of high character and naition, bat the society in which he moves is the higher rank of society, and, giving full credence to the sincerity of his belief, Lam bound to look to the grounds his boltef, and what opportunities has he had of knowing the feelings of the class of who serve on common juries? He states no facts to ground his belief, and there is only a general allegation of belief of the oxistence of prejridice among this class, And so as to tho aMidavits of Colonel Baker himself and his attorney. It haa been said that a pamphlet has been published about tho case—but in the metropolis, not here; and if such grounds were held to be sufficient there would be a criminal case of any importance which would not be pat off he conclusion to which [have come, therefore, is that there is nothing to perstade ma that a common jury could not come into the jury box to try the case with calm, fair and dispassionate mind Nay, more; from the experience I have had of juries will answer for them, as T can for myself, that the trial will bo conducted with calm, fair and dispassionate judg: ment, and that the jury will be as anxious as I can bo to do justice between’ the parties. I seo no ground, therefore, for postponing the trial, aud it must come on In the ordinary course, THE VALUE OF Apri #8 tN COCRT. Some applause followed from the buck of the courts faut foul tie jiivors pressnt, Who, on the contrary, I listenod to the learned Judge's romarks with ovident attention : Mr, Sergeant Ballantine ebsorved that this lithe oul, (CONTINUED ON NINTH PAGE