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RUiTS UPON GARDENING.1 ♦
RUiTS UPON GARDENING. 1 ♦ KITCHEN GARDEN.—There ought not to be, now a single square yard of unoccupied ground that has not been deeply dug since the last crop was taken off. Deep stirring and successive frostings of the soil are immensely beneficial, and there will never be much success in the culture of edibles where there is any fear of hard work in winter. The outdoor work of this month must be regulated by the weather. When the ground is not fit to be trodden on, get together all the clippings of hedges, prunings of trees, &c. &o., for charring, and keep the produce under cover to use aa needful; it is a most valuable top-dressing for peas and other early crops, both to stimulate growth and prevent attacks of slugs. Daring frost wheel out tiring, ready to dig in at the first opportunity. Sow daring fine dry weather, Sutton's ringleader, Dilli- stone's ea.rly, and Sangster's No. 1 peas, mazaean, longpod, and Beck's gem beans, hern carrot, and hol- low-crowned parsnips. We have found of late years that parsnips sawn at the end of January make very heavy crops, and are rarely hurt by frosts; and if they do happen to be cut off by frost, there is still time to sow again, and the loss of the seed is a very trifling matter compared with the chance of a heavier orop. ASFAKAGTJS PLANTATIONS to be marked out at once, and the ground dug two spits deep. A light Bandy loam is the best soil for asparagus, but a soil almost wholly sand will be better than one wholly clay, because when heavily manured the sand will suit it admirably, but without plenty of manure will be useless. In a deep fertile loam a moderately heavy -manuring will suffice, and the manure should be well mixed with the staple at least two feet deep. In any Ca.se the piece must be thoroughly well drained. If asparagus must be grown on a clay land, lay on six inches of sand or coal-ashes, and dig this in to a depth -of two feet, mixing it well with the soil, and let the ground rest a fortnight, and then dig again and libe. rally manure. If it ia intended merely to sow for transplanting, a good manuring one full spade deep will suffice, if the second spit was previously stirred at a winter digging. CAULIFLOWERS are apt to die off now unless kept dry; a little peat-dust will be useful to sprinkle amongst them where they are suffering from damp. Dry sand and wood ashes may be used for the same object. If the plants are crowded, they will only kill each other, so thin at once if neoessary. CABBAGB of all kinds may be sown on a warm border. The most useful to sow now are Shilling's Queen, Early York, and Rosette Colewort. MELONS AND CUCUMBERS in the forcing pit to be kept carefully trained about nine inches from the glass, to be regularly stopped, and at a temperature of 70 deg. by day and 60 deg. by night. Sow now for plants to bed out in frames and pits, and for succes- sion In the early forcing house. Our favourites for this season are-of cucumbers: Sutton's Berkshire Champion, Telegraph, Hamilton's Market Favourite, Carter's Champion, Lynch's Star of the West, Kirk- lee's Hall Defiance, Butler's Empress Eugenie; and of mellons: Beechwood, Carter's Excelsior, Cuthill's Scarlet Flesh, Egyptian Green Flesh, Trentham Hybrid, Turner's Scarlet Gem. CUCUMBERS managed as advised in the calendars of the last few weeks will now be coming forward for bedding out. They should be kept in the house till they have filled 48-sized pots with roots, and then be planted. If kept any length of time starving in a pot- bound state, they will become infested with red spider, and weakened in constitution. When ready to plant v it, the bed should be in a sweet condition through occasional forking over the dung. The bed is to be made by laying some strips of turf, grass side downwards, in the centre of each light; on this put three or four bushels of soil in a heap, con- sisting of loam from rotted turves one part, leaf-mould one part, and dung rotted to powder one part. The third day after putting on the soil put the bulb of a thermometer into the hillock, and if it registers 70 deg. to 80 deg. plant at once, if highe? than 80 deg. wait a few days longer. A fair average to start with is 75 deg. Plant in the centre of the hillock, and peg down the runners regularly, and shut close. In the course of a few days give air cautiously to let off any rank steam, and sprinkle the leaves frequently, but give only just enough water at the root to keep the soil moist until the plants have made a start. Choice sorts may be kept on from cuttings, to avoid the risk of deterioration. Plants that have been in fruit during the winter will furnish cuttings for succession, if the sorts are approved of for the purpose. Give air to plants in frames as often as the weather will permit. Daring mild wea-iher, a little air may be left on all Bight, with a mat over the opening to prevent too cold a draught. FLOWER GARDEN.—IMPROVEMENTS AND PRE- PARATIONS.—We cannot advise the planting of ever- green shrubs at this season, though we confess to doing it ourselves and seeing it done by everybody else. It would be much better for the trees to be con- tent now with marking the places where they are to go by stakes, and leaving them untouched till April, when the shift will distress them less, and they will commence to make new roots immediately. This plan allows of the planting of deciduous trees and the finishing of all the rough work in laying out a shrub- bery, and it may even be carried so far as to the making of the holes for the evergreens, laying the stuff taken out in heaps beside them to get completely pulverised for filling in. Every cultivator of flowers should secure now a good supply of turf from a loamy pasture, and of bog peat, or silky yellow loam in which the common brake grows plentifully. These should be stacked upon high ridges like walls, so that the frost will penetrate the whole mass, and the grass will rot quickly. Manure roughly spread among choice shrubs will assist in protecting their roots from frost. In Bpring the manure oan be levelled, and all rough stuff raked off. This is a good time to make banks and rockeries, as during frost the wheeling can be done without harm to the walks. ROSES required to bloom early should be pruned now, but it is too early to prune the general collec- tions.- Gardeners' Magazine.
AGRICULTURE. --+--
AGRICULTURE. --+-- Covered Yards for Feeding and Breeding. The Field of January 13th has a very excellent arti- cle upon this subject, from which we extract the following:—"It appears to us that the question of covered yards is in danger of being injured by the in- temperate zeal of its advocates. We believe that, under many conditions, the covering of our homesteads will prove an economical investment. The saving of straw and concentration of manure are points of great importance. But, on the other hand, we are perfectly certain that manure may be made in open yards, when properly constructed, without any loss of valuable materials. How is this? I we hear some one ex- claim. Has it not been stated by Alderman Mechi and others that manure made under cover is worth inach more, weight for weight, than that from open yards ? And have we not all heard of the losses to which manure is liable when exposed to the action of rain? The graphic picture of the hillside yard, deluged with water collected by the long unspouted roofa of stable Rid barn on the upper side, with the duck.pond below, which receives the filtrate, has been too often brought forward as the type of the open yard system. But is this fair ? As well might we condeftn covered yards because failures have occurred through improper con- struction, causing imperfect ventilation. Divested of exaggeration, we believe the real facts of the case are these. Manure may be made in open yards properly constructed, without the loss of valuable materials; but a greatly increased cuiantity of litter will be re- quired and must be supplied according to the greater or less rainfall, in order to soak up the liquid and present waste. This is one of the most cogent arguments against the system. We cannot, in many cases, afford to throw away so much straw, which, if properly harvested, has a considerable consumptive value; and although not going so far as some who advocate its entire use as food, we believe that the perfection of manure-making consists in avoiding all excess of straw, and using no more than is absolutely required to absorb the solid and liquid excrements. Manure in open yards varies An quality in its different layers, according to the state of the weather when those layers were formed. If dry, little or no fresh litter will be required, whereas in a wet time litter must be spread once or perhaps twice a day. The proportion of excrement, therefore, differs greatly; and in order to obtain'an uniform bulk, we must mix their different layers in a heap and occasion- ally tern, in doing which we are liable to some loss of valuable ingredients. The again, we have extra labour in carting and spreading; serious items, if we Consider that thirteen loads of covered dung are equal in effect to twenty loads from open yards. An open yard should have a water-tight floor, either quite level, )r sloping slightly towards the centre, be of moderate 1 dse, capable of holding some six or eight beasts, and the hovel properly spouted. Under such conditions, if we are careful about the litter, good though bulky manure may be made; and this is oonsoltory for those who for many reasons may be obliged to adhere to the old Bystem. 11 Itis evident, then, from what has been advan ced, that the amount of rainfall materially influences ,his ques- tion; that it will be much easier to make good manure on the eastern side of England, where the rainfall does not exceed twenty inches, than in the west, where wo have frequently double that quantity consequently, we should expect to find covered yards most ,in use on the western side of our island. This, however, is not so, as, with one or two exceptions, we find there is a total absence of such arrangements. Now, why is this ? Some may Bay this is an evidence of the superior intelligence and enterprise of eastern farmers, and that after a time their example will be followed. To such we would remark that in Norfolk covered yards have existed for many years, and in these railway days farmers are very soon alive to the improvementa in other districts; we think, therefore, the more natural conclusion would be that for some reason the covered yard does not suit the circum- stances of the case. Now, what are these reasons ? 'I -1 __L1. -.L- .on.+;nn we are going to naziIora a rawier swung .muv, We believe that covered yards are not adapted for breeding animals, and that as breeding is pursued generally in the districts we have named, therefore the system of covered yards does not find favour, and may probably never be used to any great extent. If this difficulty could be overcome-as we fear it cannot —then these very farms, often consisting of two-thirds pasture, present the exact conditions under which the greatest advantage would follow the adoption of covered yards. In such cases, straw is always a scarce article To economise this straw, and at the same time make our manure to the greatest advantage, are objects for which much might be sacrificed; but when it comes to a question of the health and constitution of the young animal, we naturally pause. We hear some one exclaim Ventilate.' Well, we agree with our imaginary friend that this is absolutely essential; but it will not remove the difficulty. Take a number of yearling heifers in the autumn, divide them into two equal lots, place one in a covered yard, and let the others occupy a yard and shed, and perhaps enjoy the range of a dry grass field. Supply them with the same kind and quantities of food. The housed animals may look the sleekest, carry most flesh, and possibly not eat quite so much food daily; but at May-day take ithe two lot3 into a fair and offer them for sale. The rougher coats will command considerably the most money. And this is no idle prejudice, as we have proved by experience. Roused animals, when first turned out, often lose ground instead of improving, and sometimes never thrive all the summer. The truth is, the open yard is the more natural system, better calculated to develop bone and muscle, and to inure the constitution to j climatic changes. Under cover we have conditions that favour the deposition of fatty matter, the sinews *) are inclined to be soft for want of proper exercise, and, though growth is often very rapid, the flesh that is made wants compactness. It may be said that it would be easy to arrange for our stock being exer. cised. We might drive them about for a time daily; but this could not be compared to the voluntary mo. tions of an animal, with the free air of heaven circu- lating about him. It is all very well for professors to talk about the waste of food from a cold atmosphere, or the absorption of an increased quantity of oxygen during exercise, and to dilate upon the advantages of warmth. We listen to such arguments with the greatest deference when applied to fattening; but we know that exercise and fresh air, aye, and rain too, are all beneficial and neoessary agents in developing the frame and flesh, and giving vigour to the constitu- tion of our breeding animals."
SPORTS AND PASTIMES --+--
SPORTS AND PASTIMES --+-- THE INTERNATIONAL HORTICULTURAL EXHIBI- TION of 1866 will take place on the site of the Great Exhibition of 1862, the sanction of her Majesty's First Commissioner of Works having been obtained to apply the central portion of the space opposite the First Commissioner of Works having been obtained to apply the central portion of the space opposite the southern entrance to the Horticultural Garden to this purpose. The building which it is proposed to erect (says the Gardeners' Chronicle) will cover an area of about three acres, which will be laid out in the form of an ornamental garden, the old-fashioned formal stages and tabling being entirely dispensed with. From this building there will be free access to and from the Horticultural Garden. THE SPAWNING SEASON IN SCOTLAND. — The number of salmon that have as yet ascended this [season at Innerleithen has been smaller than for many years. In the early part of the season the fish had no opportunity, from the smallness of the river; but even since the floods came the shoals that have made their way upward have been small. With the floods of last week there have been some new arrivals, and several large fish have been seen lying at the sides of the river, in a sick state but the water has not yet sufficiently subsided to enable anything like a correct estimate of the extent of the arrivals to be formed. Sea trouts have this year been exceedingly scarce. SALMON AND TROUT OVA FOR AUSTRALIA.—Ac- tive preparations are being made for the dispatch of another consignment of salmon and trout eva to Aus- tralia and as the management of the affair has been placed in the hands of the gentleman to whose as- siduity, perseverance, and ingenuity the previous suc- cessful experiment was entirely due, we have little fear for the results on this occasion. The quantities, which it is hoped will amount to 100,000 salmon ova, several thousand trout ova, as well as some charr and salmoa trout, will be dispatched by the Lincolnshire, belonging to Messrs. Wigram and Sons, on board which vessel an ice-house, holding upwards of thirty tons and other requisites for the safe passage of this valuable consignment are being completed. The neces- sary permissions having been obtained, men are already engaged in several parts of the country in pro- curing spawning fish, and we trust that they will sue. ceed in doing so in ample time before the departure of the vessel towards the end of the present month. ON Saturday evening a special tea party and soirde was given at the Egyptian-hall, Piccadilly, by Lady Chang," the wife of the Fychow Giant, who under- took on the occasion to appear in European costume, as well as in that of his native country. The invita- tion, although written by Chang on behalf of his wife in choice Chinese, being translated into English reads thus: We have not chin-chinne the good and generous-hearted people of England for now three moons in vain. We have made many friends, and experienced many Kindnesses. We deem it now time that we break through the mere outward and cold form of respect, and offer with our hand the tokens of good wish and wel- come. The cup of real pure Chinese tea (as to our visitors in our own Eastern home)—forgive the bold- ness of my invitation! King Foe, wife of his highness Chang. Woo-Gow.-Egyptain Hall, 1st moon, year 1866. English date." In obedience to this invitation a goodly company assembled, and Madame Chang and her attendants were exceedingly gracious in pouring out into divers little China caps, from equally nice. looking China teapots, small draughts of that beverage which cheers but not inebriates," and which was ex- pected to be taken in its primitive state (without milk or sugar). The tea party over, the soirSe oommenced by Madame cordially shaking hands with the guests, a similar markofrespectandcordialitybeingsubseqnently ,subsequently paid to each visitor by Chang himself, and the facetious little dwarf" Chung Mow." The giant then appeared in European costume, a black surtout coat, vest and light-coloured trowsers, with the veritable English hat, and again descended amongst the audience to shake hands in true John Bull fashion. In this costume we thought we detected that weakness at the kaee joints which has already been described as existing in his rival "Anak," and which is generally known as the defect amongst people of gigantic stature. The lecture was interspersed with some comic Chinese songs, rendered into English by Mr. G. A. Cooper.
[No title]
The wife of a Bristol physician has passed the examinations necessary to her admission into the pro- fession of medicine, and she now assists her husband in his practice. Tlie first marriage of a native widow in the presidency of Bombay occurred on the 23rd of Novem- ber at Bandora, near Bombay, and it is said to have been celebrated in presence of a goodly assembly of native gentlemen. The native who has thus boldly set, the prejudice and traditions of his race at defiance, is a pleader in the f udge's Court at Poona, to which city the object of his choice also belongs. Urhe familiesj of both are stated in & native journal to be "equallyi illustrious and influexiAiftl .in the capital ,of the Peishwas." j
JAMAICA. {
JAMAICA. The following are the extracts from Mr. Cardwell's despatch, which were laid before the Jamaica House of Assembly on the 12tli ult.;— Sir,—By the mail from the West Indies, the arrival of which did not take place until yesterday, I have received your despatch, No. 251, of the 20th October, reporting the breaking out of a rebellion of the negroes in the eastern districts of Jamaica, which has involved the cruel massacre of many of the principal white and coloured persons in that part of the island, and acquainting me with the measures which, in concert with the officers in command of her Majesty's military and naval forces, you have taken to suppress the in- surrection, and to prevent its spreading to other parts of the island. 2. I have been greatly shocked at the barbarities which you describe, and I wish you, in the first place, to inform the inhabitants of Jamaica how deeply her Majesty's Government deplore the losses which the colony in general has sustained, and how sincerely they sympathise with those who have to lament family bereavements incurred under circumstances so distress- ing. 3. I will not fail to bring under the notice of the Field Marshal Commanding-iu-Chief and the Lords of the Admiralty the high sense you entertain of the ser- vices rendered by Major General O'Connor and Cap- tain D'Horeey, R.N., and the other officers of the army and navy whom you mention, and of the sailors and marines under their orders. And it is with the greatest satisfaction that I receive the high, and I doubt not deserved, commendation which you bestow upon the members of the executive committee, the Custoa of Kingston, Inspector Ramsey, of the police, the volun- teer and the militia officers, who accompanied you in the Wolverene. "9. I recognise with great satisfaction the alacrity with which the well affected subjects of her Majesty placed themselves at your disposal, and I shall bring under her Majesty's special notice the loyal and gal- lant behaviour of the Maroons.—I have, &c., (Signed) "E. CARDWELL. Governor Eyre, &c." The case of Mr. Sidney Lieven, the editor and pro- prietor of the County Union, who was arrested by order of Governor Eyre, came before the Chief Justice on a writ of habeas corpus, who gave judgment dis- charging Mr. Lieven on the ground that the "Act to provide for the trial and punishment of offences com- mitted <»1 firing martial law, and within a limited period thereafter," was unconstitutional, inasmuch as it gave the Governor power to detain persons at his will; and,. as he gave an order to detain Mr. Lieven for ninety days, he might have done so for ninety weeks or for ever-a power which (said his Honour) ought not to be entrusted to any governor. His honour declined to go into the other grounds raised, but, with regard to Mr. Lievin's arrest in a parish where martial law did not exist, stated that Mr. Lieven had his redress.
A NEW ARTESIAN WELL.
A NEW ARTESIAN WELL. To the two Artesian wells which Paris already possesses, a third is now being added, viz., at the point called Butte aux Cailles, in the 13th arrondissement (Gobelins). The perforation has now reached the depth of 82 metres, being 20 metres and a half below the level of the sea; but before reaching that point, considerable difficulties have had to be overcome in the shape of intermediate sheets of water forming as it were a series of subterranean lakes. The first of these was kept within its natural bed by means of a strong iron tube driven perpendicularly through it; that which followed received wooden palings, and the sub. sequent stratum being clay, the masonry was continued without difficulty to a depth of 5 metres above the level of the sea. But at this point a layer of agglo- merations was reached which let a great deal of water escape. It thus became necessary to have again re- course to pumps; those employed were in the aggre- gate of twenty horse-power. 0 sving to the bad nature of this stratum, it was resolved to protect the per- foration by a revetment of extraordinary thickness; and in order that the well might preserve its diameter of two metres notwithstanding, the upper part has had to be widened in proportion, so as to give it the enormous width of four metres at the top. After this labour the work of perforation was continued through a stratum of pivolithio limestone. At the depth corresponding to the level of the sea they reached a layer of tabular chalk, all pierced with large holes, forming so many spouts as thick as a man's thigh, through which water poured into the well with incredible velocity. While the pumps were at work to get rid of this water a cylindrical revetment ef brioks was built on a sort of wheel made of oak, and laid down flat at the bottom of the perforation by way of a foundation, and the intermediate space between this cylinder and the chalk stratum was filled with concrete, 47,000 kilos, of which were expended in this operation. As soon as the concrete might be COB- sidered to have set, or attained sufficient consistency, the brick cylinder was taken to pieces again, and the perforation continued to the pressure point, where a new sheet of water has been reached, requiring in- genious oontrivances.
—■————■r THE FENIÅN TRIALS.
—■ — — —— r THE FENIÅN TRIALS. The Dublin evening papers of Friday state that the jlify in O'Keefe's case, after being some time in their room, returned into court with a verdict of Guilty on all the counts. The prisoner addressed the Court at great length. Mr. Justice Fitzgerald sentenced the prisoner to be kept in penal servitude for ten years. In the case of Edward Duffy, the prisoner was libe- rated on bail to stand his trial when called upon. Prisoner entered into recognisances—himself in JB500, and two sureties in zC250 each. Duffy is stated to be in an exceedingly precarious state of health. As to the disagreement of the jury in Byrne's case, they having come into court repeatedly, and stated that there was not the slightest possibility of their re- turning a verdict, Mr. Justice Keogh said they had been considering the case for more than five hours and a half, and he could not discharge them unless one of their number was in such a state of health as to render it dangerous for him to remain looked up all night. He would have Mr. Bayley, who complained, examined by a doctor. Dr. Henry Murray proceeded to examine Mr. Bay ley, and being sworn, declared that he should consider it dangerous to his life if he were confined for the night without food. Mr. Justice Keogh then dis- charged the jury, thanking them for the attention they had bestowed on the case. The capture of seven Fenians in Dablin on Thursday evening is reported. Some were trimming bullets at the time of their apprehension, and a printed docu- ment was found on the person of one, entitled-" A Proclamation to the Irish People," breathing the usual sentiments of the Fenians. Several pistols were also found in the house, and in one box about four atone weight of bullets were found artistically packed. The names and ages of the prisoners are as follows:— Terence Byrne, twenty three; Jeremiah O'Neill, eighteen; John O'Neill (father of the preceding), fifty; Joseph Marsden, nineteen; Benjamin Marsden, twenty-two; James Hood, nineteen; and Thomas Dunne, seventeen. They were all brought up for examination at the Capel-street Police-court, and re- manded.
SHOCKING MURDER NEAR LANCASTER.
SHOCKING MURDER NEAR LANCASTER. A murder of a young woman, aged twenty-one years, under circumstances of great atrocity, has been com- mitted near Lancaster. The unfortunate victim is Elizabeth Nelson, a housemaid in the service of C. L. Whalley, Esq., Richmond-house, Skerlan, about a mile from the above town. It appears that, about half-past five o'clock on Thursday evening, she left her master's house to go to Lancaster, on her own account. She called at a friend's house in the town shortly after six, but declined to sit down, on the ground that she was in a hurry. From that time until nine on Friday morning all tidings of her were lost. She was then found lying dead in a narrow lane, about 200 yards from the turkpikeroad, between Galgate and Lancaster. The body was partially covered with snow, and the face was bloody and much swollen. Her dress pocket was emptied and turned inside out, and a set of false teeth lay near her head. Her bonnet and shawl were lying underneath her body, and around her neck a pocket-handkerchief was tightly tied. There were no footprints visible in the snow, and from the fact that the ground beneath the body was dry and hard, it is clear that she got there before the snowfall of Thursday evening. The body was conveyed by the county police to the Boot and Shoe Inn, Scotforth, to await a coroner's inquest, which was opened on Satur- day afternoon. Dr. Hall, of Lancaster, who made a post mortem examination, stated that the front part of the body and legs was extensively covered with small bruises. Great pressure, as if by a man's thumb { had also been applied to the throat/and the thyroid cartilage was broken. The lower extremities were much bruised, and showed that deceased had been brutally ravished. There was no doubt, he added, that death had been caused by strangulation, through pressure being extensively applied to the larynx. Death was also accelerated by the blows which had been inflicted on the head. The Coroner said it was clear that the poor woman had been violated and then murdered, in order to give the police opportunity fo making further in. quiries he proposed to adjourn the inquest sine die, which was accordingly done. At present the affair is involved in mystery, and not the slightest clue to the perpetrator of the foul deed has been obtained. The lane where the body was found is in an entirely opposite direction to Rich- mond-house, which makes the matter still more extraordinary.
........--THE PEABODY FUND.—-REPORT…
THE PEABODY FUND.—-REPORT OF THE TRUSTEES. The Times believes that a more satisfactory report than tkat just issued by the trustees of the Peabody Fund-both to the donor and the publio-could hardly be desired. After securing their legal power to ad- minister the money by the due execution of a trust deed, the trustees proceeded to consider, in the first place, what was the class of persons properly intended by the designation of "the poor." They decided that the word must not be held to include paupers, by assisting whom they would not be so much benefiting the poor as relieving the rich of a legal charge. In the next place, the trustees resolved to apply the fund to "erecting dwellings for the labouring poor on such improved principles as to conduce at once to eco- nomy, salubrity, and social enjoyment." This wise determination appears to have been promptly carried into effect, and on the 29 th of February, 1864 or about a year and a half after the execution of the trust deei, the first block of Peabody buildings, in Commercial-road, Spitalfields, was thrown open for the admission of 200 persons. These dwellings, to judge by their description, must be more than com- forts-they must be positive luxuries to the poor persons who are fortunate enough to gain admission into them. The drainage, the ventilation, and the water supply are of course carefully attended to. There are baths and laundries, with wringing machines and drying lofts for all who desire to use I them; and, lastly, the houses are so constructed that there are ample and airy spaces which serve as play- grounds for the children." Agreeably to Mr. Pea- body's wishes, no inquiries are made before admission to these dwellings, exoept such as are sufficient to prove that the applicants are really of the poorer class, and that they have a good character with their employers and with the world; and when once ad- mitted they are free from all intrusion so long as they conduct themselves properly. The rent demanded for these houses is but 2s. 6d. for one, 4s. for two, and 5s. for three rooms.
THE X 2,5 0 0 BREACH OF PROMISE…
THE X 2,5 0 0 BREACH OF PROMISE CASE. In the Court of Common Pleag, on Saturday, before Lord Chief Justice Erie and Justices Willes, Keating, and Smith, the case of Berry v. Da Costa was brought forward. It will be recollected that this case, which was one for a breach of promise of marriage, was recently tried in this court, before the Lord Chief Justice in Middle- sex, and the jury awarded the plaintiff X2,500 damages. The plaintiff in the case was the daughter of a widow, who carried on the business of a lace maker at Notting-hill, and the defendant was the son of a deceased merchant. Mr. Huddlestone, Q.C. (with whom was Mr. D. Keane, Q.C., and Mr. Wrensfordsley), now moved, on the part of the defendant, for a rule for a new trial upon the grounds that the damages were excessive' and that the judge had misdirected the jury. In reference to the first part the learned Gounsel detailed the circumstances of the case, which have already been fully laid before the public; and in particular he drew attention to the indiscretion of the plaintiff her- self, the little care which her mother seemed to have bestowed upon her, and also to the fact that the de- fendant's income was, so far as the evidence on the trial showed, only between .£600 and X700 a year, whilst it was suggested at the trial, but not proved, that he had received XIOO,000 under his father's will. He afterwards read an affidavit of the defendant, in which he swore that his actual income from every source did not exoeed .£750 a year, of which .£644 terminated with his life. He further stated that he had not seduced the plaintiff. Their acquaintance commenced by the defendant meeting the plaintiff in Oxford-street on the 16th July, 1863, on which occa- sion she lunched with him at his request, at a con- fectioner's shop at the cerner of Marylebone-lane. That she afterwards accompanied him to the shop of Messrs. Grant and Gask, silk merchants, in Oxford. street, and he purchased for her 14 yards of blue glace silk for X4 15s., 15 yards of black lace for 9s. 4d., and a shawl for 10s. 6d., which she accepted from him as a present. That on that occasion she made use of an expression which showed that she would not object to a more intimate connection between them, and that in a day or two afterwards he met her by appoint- ment and accompanied her to Cremorne Gardens, and within a quarter of an hour after their arrival there he had been with her to a house of ill-fame in the neighbourhood, without any objection or oondition on her part in respect to that intercourse. Under these circumstances it was contended that the damages were so excessive that the court would interfere to revise the finding. As to the alleged misdirection, the learned counsel read the shorthand writer's notes of the summing up, and contended the effect of it was to lead the jury to believe that they had to give damages not only for the breach of promise of mar- riage, but also for the desolation which had been brought on the plaintiff's mother's home. Mr. Justice Willes, in giving judgment, said: I am of opinion that there was no misdirection. Is esti. mating the damages in such a case, the jury are not restricted to the mere pecuniary loss that has been suffered, but may take into consideration the injured feelings of the woman consequent upon the breach of the promise. This has been laid down so often, I will simply refer to the case of Smith v. Wood pine, where all the authorities are collected. If the effect of the summing up has been that the feelings of the family were to be taken into consideration, no doubt that would have been misdirection; but it is clear that my lord did not intend, nor could he have been under. stood to intend, that the jury should take any suoh course. The summing up amounted to this, that the plaintiff was entitled, not merely to damages for the preliminary loss from not marrvins a gentleman of property, but that the jury would take into consider- ation the seduction and the consequent damages to her prospect of getting a husband. My legal brother intends to point out to the jury that a part of the injury to the feelings of the woman was the fact that she, in returning to her home, would return, not as a virtuous and respected member of the family, but would, so to say, skulk into her house without being Bble to lift her eyes to those of her mother or her sisters. I apprehend that the mortification which a woman may feel from not being able to look her family in the face as an immediate consequence of the breach msy be estimated in awarding damages. With respect to the amount of damages, the court is certainly called on to exercise an exceedingly nice jurisdiction, and it is incumbent upon them to take care not to exceed their proper province. In Smith v. Woodpine it was laid down that the court will not interfere with the discretion of juries as to the amount of damages unless there are some obvious words or misconceptions on their part, or it is made apparent that they were actuated by improper motives; and this has not been shown in this case, It is impossible to shut out of consideration that im- putations were heaped upon her at the trial—-indeed, every attempt appeared to have been made to save the defendant from damages at the expense of the character of the plaintiff and of the characters of every other person connected with her. The defen. dant thought proper to take that course, and, having taken it, he cannot complain if the jury, who, after all, were but human, should have found a verdict for an amount which is probably more than they would have given if that course had not been taken, but which it is impossible to say were, under the circum- stances, so outrageously in excess of the amount that they ought to have given. I must say that I think that this was a case for considerable damages, but I do not mean to say that the amount is not in excess of what might properly have been awarded. The matter, however, is one within the province of the jury, and the court has no right to interfere. Mr. Justice Smith added that the defendant swore to the amount of his property in a very guarded way, for it is perfectly consistent with his statement that I he has very large expectations.—Rule refused. j[
:FACTS AND F ACETI''
FACTS AND F ACETI Paradoxical.—The less a woman has on, the more dressy she is. worthy alderman, captain of a volunteer r13 80mPariy to fall back in order to PC, £ -LS.i-i8crt,w arM nn^n^a;kee editor> speaking of a large and fat must beafnJArefmfrked«^hTat « all flesh was grass, he man fro^+1 ■, I am," said the fat a r way the donkeys are nibbling at me." • i — A certain minister ffoinsr to w iv.sick parishioners, asked him how he rested durmgthe night. Oh, wondrous ill, sir," replied nights'" not °°™e1to^ether these three Alas' sir^savs he «'rKaS°n °f that f" said the sther. tham." oaeaU £ 8 miJ nose was betwixt cf>\o Jerinh^0 kf tilS fashion to tell people to 5 f t0 1° t0 Bath 3 we tel1 them to go to a day. Servants l°r horse and groom may be had for tlL a m a one dollar and fifty cernta. the Same time £ or who was on a tour, attended by an Irish servant-man, who drove the vehicle, was several times puzaled with the apnear- ance of a charge m the man's daily account, entered a3. Refreshment for the horse, 2d." At length he asked Danms about it. Och! sure," said he "it's whtp-cord it is, a s "I wonder why it is," remarked our tailor the other day, that people who are fond of running up bills never seem to come down with any money." We were so much struck by the philosophy of the remark that we immediately ordered a gorgeous coat. "My brother," I sed to a cullerd purson, "air you aware .that you've been 'mancipated P Do you realise how glorious it is to be free P Tell me, my dear cullerd brother, does it not seem to you like some dream, or do you realize the great fact in all its lovin' and holy magnitood P He said he would take some gin.— Artemus Ward. Pighting by Measure.—The usual place of re- « ?f Dublin duellists was called the Fifteen Acres. ^„alv>rney of tliat city, ia penning a challenge, StflH likely ha wa3 drawia!? a lease, and in- vited his antagonist to meet him at "the place called r ifteen Acres—• be the same more or less.' An Ugly Dog.Terrold had a favourite dog that toiioweU him everywhere. One day, in the country, a lady who was passing turned round and said, audibly, •sn ? little brute whereupon Jerrold., addressing the lady, replied, "Oh, madam! I wonder what he thinks of YOt at this moment." Good Advice.-Talleyrand once said to one of his acquaintances-who. had been detected cheating, and who asked the Prince what he should do, as the man who had found him out had said if he saw him cheat- ing again he would throw him out of the window- Always play on the ground floor." We find the following in the editorial columns of the New York Herald Wanted, a Head Centre for the Irish Republio. Wanted an Irish Republic for the Head Centre." ^adar, who is known for ballooning propensities, nas had a wound implanted in his susceptible boBom. A Yankee has at Boston ascended in a machine made of iron and driven by steam, and, if it is only true, here is an end to Nadar's schemes. Thoughtful.—A country gentleman, dining with a party at the Maison Argents, was overwhelmed by the size and number of the glasses placed before him. After soup the servant offered wine, and the gentle- man held the smallest of the six to be filled. Pardon, sir, said gar§on, "it is a small wine." "Just so," replied our oountry friend, I keep my big glasses for the great wines. Philosophical Dietetics. Sfr Riehard Jebb being called to a patient who fancied himself very ill, told him ingenuously what he thought, and decimal prescribing, thinking it unnecessary. Now you are here," said the patient, I shall be obliged to you, Sir Richard, if you will tell me how I must live-what I may eat, and what not." My directions as to that point," said Sir Richard, who abominated this sort of question, will be few and simple: you must not eat the poker, shovel, or tongs, for they are hard of diges- tion; nor the bellows, because they are windy; but anything else you please." A Fall Serenade.—By a Lover with a Cold in his Head:- Oh! ask be dot to blow by dose, By charbing one, by owd; You bay dot know de barn I feel— 0 It dever cad be dode; Oh! bight we fly to other soedes, Or dwell in yonder star, Oh! ded, by lubly baid, in bliss I'd strike by light catarrh! Chorus.—Oh! ask be dot, &c. The widd that blows across the boor, Had it a dose to blow, With such a code as I hab got, Ah! would it blow it? Doe! But see, de rays of cubbing dawd Are gleabing on de dew; T>ar.. "0rry.bugle hord, By baiden fair—At-tichieu. Wonders of the English Language. The construetion of the English language must appear most formidable to a foreigner. One of them, looking at a picture of a number of vessels, said, See, what a flock of ships!" He was told that a flock of ships was called a fleet, and that a fleet of sheen was called a flock. And it was added, for his guidance in mas- tering the intricacies of our language, that a flock ef girls is called a bevy, that a bevy of wolves is called a pack, and a pack of thieves is called a gang, and a gang of angels is called a host, a. host of porpoises is ealled a shoal, a shoal of buffaloes is called a herd, and a herd of children is called a troop, and a troop of partridges is called a covey, and a covey of beauties is called a galaxy, and a galaxy of ruffians is called a horde, and a horde of rubbish is called a heap, and a heap of oxen is called a drove, and a drove of blackguards is called a mob, and a mob of whales is called a school, and asohool of worshippers is called a congregation, and a congregation of engineers is called a corps, and a corps of robbers ia called a band, and » band of locusts is called a swarm, and a a warm of pe?" ple is called a crowd, and a crowd of gentlefolk is called elite, and the élite of the city's thieves and 11 rascais are called the roughs. Loss of time in Sha.ving.-A remarkable in. stance of longevity recently occurred—that of a man named Robert Bain, age 107, who still shaves him- self; whereupon it is pointed out by a contemporary that if Bain began to torture his face, and cultivate sore throats, and mar that image which his Maker gave him, at twenty years of age, he has daily devoted ten minutes to this cruel task, and, has given 5,220 hours of his life to his shaving. Taking his working day at twelve hours, here are no less than fourteen and a half months of hIs active life thus spent. It is a New Year's reflection. Can even Fashion justify herself for demanding so much of us ? This is very good reasoning on the part of our dear brother literary man, but we would reply that as we do not, as a rule, intend to live so long, it is not, as a rule, of so much consequence as he makes out.
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Impudent Street Robbery.—An emaciated, half-starved looking elderly man, who gave the name of William Clark, and stated that he had neither home nor occupation, was charged at the Wands- worth Police-court with stealing a watch.—Joseph Jeppridge, a labourer, stated that on Friday evening he stopped on the Wandle-bridge, High-street, Wandsworth, to take out hia watch, which had stopped, as he intended to pledge it and to buy a pair of boots with the money. He wound the watch np, and was about to put it into his pocket, when the prisoner snatched it out of his hand and ran away. The watch was attached to a guard; whieh was broken by the foroe of the pull. Witness chased the prisoner, and on catching him he asked him to return bis watch, but he refused before a policeman came. An officer came up, and took the prisoner in charge. The watch was found in his hand. Witness never saw him before. Mr. Dayman: Is the prisoner known p- Sergeant' Dudley (who took him into custody): No- thing is known of him. I believe he is a tramp. He said he slept in the union last night. Mr. Dayman (to the prisoner): Have you anything to say ?—Prisoner: No, sir.—Mr. Dayman: You are remanded for a week. -The prisoner was then locked up in the cells.