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EMIGRANTS* TRANSIT DIFFICULTIES. Ma. Tii...
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CITY SYMPATHY WITH THE SUFFERERS AT MONT...
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CURIOUS WILL CASE A BEMAKKABiiE case res...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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The Nfoitwood Nunnery. Tina Case <Jf Gri...
as Miss Leith knew , she was never punished but by having a piece of paper fixed upon her head , inscribed with the words " Mefiez vous de cet enfant . " This was inflicted for stealing some needles belonging to another child . Miss Leith had never heard of her being required to say or to do anything with regard to the robe presented to Cardinal Wiseman . She knew that Griffiths was of a scrofulous habit ; she thought that at one time she did not have enough meat .
Madame Desiree de Brenville , known in religion as Sister St . Theodosie , had succeeded Miss Leith in the management of her class . Griffiths had only been placed once in the trial class , and that was for saying that she would never obey one of her mistresses . She was quite sure that Griffiths was never forced to go to confession . This was always ft voluntary act on the part of the children . She was also sure that meat and beer were provided for Griffiths according to the doctor ' s directions . She had porter given to her , but she often would not drink it , and sometimes threw it away .
Madame Folinot , one of the nuns who managed the kitchen when Griffiths was sent there , declared that the girl was never set to do anything that was beyond her strength , or was likely to injure her health . She was in the kitchen from five o ' clock in the morning till nine at night . Madame Armant Degier , the cook , stated that Griffiths had never done anything in the kitchen but light work .
Elizabeth Bedser , one of the girls who had been in the orphanage class in tbe convent , at the same time as the plaintiff , bore testimony to the kind treatment she had experienced when there . They had always as much to eat as they wanted , and sometimes more , and were allowed to take plenty of exercise . She had been in the trial class for disobedience , and " she deserved to be sent there . " For the first offence they were usually kept there eight days , for the second fourteen , and for the third twenty days . They were kept there six or seven hours at a time . Three other girls gave similar evidence as to their kind treatment when amongst the orphans in the convent ; one of them declared she had sometimes seen Griffiths throw part of her meat away .
Mr . Montague Chambers , in his reply , was very severe upon Cardinal Wiseman for having evaded the service of the subpoena . He dwelt particularly upon the soup , made of dripping , and made much of the number of hours the girl had been worked in the kitchen . He thought tbat the trial class was a very cruel punishment , and urged that looking so long at a white surface was very painful to the eyes . The Chief Justice , in summing up , strongly censured Cardinal Wiseman for evading the service of the subpoena , although the affair in which he had been concerned had nothing to do with the question . He did
not think that the absence of the aunt amounted to anything . There was a mystery about the child ; if she was the illegitimate child of the brother of Dr . Griffiths , the Bishop of Gibraltar , that would probably account for the interest shown towards her b y Cardinal Wiseman . The judge thought it would not lie sufficient to prove an innocent omission on the part of the defendants to do something that might possibly have been beneficial to the _jdaintiff . There appeared to be great confusion in the evidence of Griffiths in rearard to
the dates ; the affair of the robe could not have taken place at the time she represented it . With regard to the diet , he thought that even if they had meat but throe times a week they could hardly consider it as insufficient . As to the discipline of the convent , they must take into consideration that the religion to which both pavtie * _belonged was severe in its forms and ceremonies . If the defendants did not desire the _lienefit of the child he diel not see what motive they could have in calling in tbeir own doctor as well as another . The jury , after deliberating three quarters of an hour , returned a verdict for the defendants .
Ar00606
Emigrants* Transit Difficulties. Ma. Tii...
EMIGRANTS * TRANSIT DIFFICULTIES . Ma . Tiiomah Wooixioy , of Culluni-strcct , Lime street , ship agent , appeared before the Lord Mayor , on Tuesday , in answer to a summons obtained under the Passengers' Act , 12 fh and 13 th Vic . c . 32 , on the following facts . Mr . J I . F . Bustard , of Portsea , was desirous of emigrating to Australia , and having noticed an advertisement stating that the ship Alfred would sail for Port Philip on the 7 th of July , his father , Mr . II . J .
Bastard , went to town , and engaged a cabin passage , paying ten guineas as a deposit , and being at the time ] iositivoly assured that the vessel would sail on the day stated . He took a receipt for the money , at the foot of which were the words , " To sail about the 7 th of . Inly . " The word " about" being inserted by one of the clerks as from au afterthought , after Mr . Bastard had first taken the receipt . Mr . Bustard having got everything ready for his son , an advertisement _apjsaired in the ' Times stating that the vessel would not sail till
Emigrants* Transit Difficulties. Ma. Tii...
the l 7 tb . On the 10 th , Mr . Bastard received a letter stating that the time of departure was put oft" till the 25 th , and another afterwards announcing a further delay till the 30 th . Another postponement till the 6 th of August induced Mr . Bastard to abandon his intention of sailing by that vessel , and he accordingly wrote to Mr . Woolley demanding his deposit , and 101 . as a compensation for tbe trouble and expense he had been put to . Mr . Woolley denied that he was under any contract to sail on the 7 th of July , but offered to return the deposit , or to pay one shilling a-day as detention money , from the time Mr . Bastard first went to London .
Mr . Joseph Gull , a partner of Mr . Woolley , denied that they had entertained any idea of acting illiberally towards their passengers . He maintained that the case came under the 33 rd section of the act , limiting the demand to one shilling a-day ; and he stated that if the 32 nd section were put in practice in the case of inevitable postponement , the owners or charterers of vessels would be put to such a ruinous expense that prudent firms would be deterred from engaging to carry out _emigrants .
The Lord Mayor remarked that they had been postponing from time to time , and inquired when they would be ready to start . Mr . Gull replied , " To-morrow morning . " On the other hand , it was stated , on behalf of Mr . Bastard , that the vessel was not yet fitted up . It was urged that if Mr . Bastard were now to embark in this vessel , he might on the voyage be disagreeably reminded of the proceedings he was now taking . The Lord Mayor thought that the 32 nd section of the act would apply to this case , but he by no means considered that the ship agents had committed any intentional wrong . The case was postponed till the next day .
Mr . Woolley appeared again at the Mansion House on Wednesday . His case was argued by Mr . Ballantine , who urged that Mr . Bastard ' s claim was excessive . Alderman Finnis observed tbat the act gave the agent tho option of procuring a passage in another vessel within forty-eight hours . The decision of the Liverpool magistrate [ which is given below _^ was referred to by Mr . Wontner , who urged that the cases were precisely similar . Alderman Finnis said the subject was very important , and that he had carefully considered it . He thought the paper signed by Mr . Woolley was to all intents and purposes a bond fide contract . The delay had been unreasonable , and the strong points in Mr . Bastard ' s case bad been admitted by Mr . Woolley ' s letter ,
Mr . Ballantme again stated that the ship would sail the next day , but Mr . Wontner said that his client , as well as ten or a dozen more of the emigrants , were not now disposed to go by that vessel . It was finally arranged to refer the matter to the arbitration of Captain Lean . A similar case was brought before Mr . Mansfield , the stipendiary magistrate of Liverpool . The City of Lincoln had been detained fifteen days beyond the time of sailing , on account of the charterers not having paid the whole of the contract money to the owner . It was decided that the case came within the 32 nd section of the act . The plaintiff recovered 151 . for his passagemoney , and 31 . as compensation .
City Sympathy With The Sufferers At Mont...
CITY SYMPATHY WITH THE SUFFERERS AT MONTREAL . A _PTTBI . TO meeting of merchants , bankers , and others , was held at the Mansion House on Wednesday , to take measures to relieve the distress occasioned by the recent fire at Montreal . There were present , Baron Rothschild , M . P . ; Mr . B . Oliveira , M . P . ; Mr . Jtolt , M . P . ; Messrs . A . Gillespie , C . Mills , R . C . Bovan , E . Gurncy , the Governor of the Bank of England , Messrs . J . Dilion , J . Bradbury , W . Leaf , N . Gould , W . Chapman , T . II . Brooking . R . Gillespie , jun ., the Jtcv . A . I ) . Campbell , of Montreal , the Hon . A . Kiniiuird , M . P ., the Rev . T . Binney , Messrs . R . Harrison , and S . Copestake .
The Lord Mayor , who presided , was sure that the citizens of London , as well as the country generally , would manifest their sympathy with those who were suffering from this calamity . He reminded them that the winter in Canada was far more seven ; than in this country _, lie had received letters from Mr . Masterman , M . P ., Mr . C . S . Butler , M . P ., Mi-. Baring , and other gentlemen , expressing their regret that they were prevented from affendiiiir the meeting .
Mr . A . Gillespie moved the first resolution : — " That this meet ing has hear el with deep regret of the late calamitous fires at Montreal , by which nearl y onethird of tho city , consisting principally of tho dwellings of the poorer inhabitants , has been destroyed , and about 10 , ( XJO human beings havo boon deprived of shelter and tho meunu of subsistence . "
City Sympathy With The Sufferers At Mont...
He mentioned the fact , that a considerable portio of tho sufferers were Roman-oatholics , and he ho d that Protestants would seize this opportunit y of sh ing that they did not allow any difference of creedT interpose between the cry of suffering humanity and the sacred exercise of charity . The Governor of the Bank of England moved thesecond resolution : — " That the exertions which are being made in Canada . to render assistance to the sufferers can only afford partial ! and temporary relief ; and this meeting is of opinion that the calamity which has suddenly overtakeh so many or our _felloe-subjects appeals loudly to the symnathv _anrii liberality of the British public . " J P ? M
This was seconded by Baron RothschilcL Mr . IL C . Be van moved the third resolution :- — " That a subscription be now opened , _antf that books be left at all banking-houses in the metropolis , with a request that they will receive contributions for this object . " ' A committee was appointed to receive subscri ptions and to apply them in such way as they should considermost effectual .
Curious Will Case A Bemakkabiie Case Res...
CURIOUS WILL CASE A BEMAKKABiiE case respecting a will was _deiatled" on Tuesday , after occupying the Prerogative C & m * fbr several days . The testator , Mr . John _Easthape , died in January 1849 , a bachelor , having personal property to the amount of 15 _. 000 _Z ., but possessed of no real estate . He bad executed a will in 1844 , and had _kept-ifria-his possession till September , 1846 ; on the th »< j of which month he went to the office of his solicitor , _TMr . Joseph Parkes ( since appointed a Master in Chancery ) , for the purpose of revoking the appointment of his father , Sir-John Easthope , as executor . This Mr . Parkes objected to , considering Mr . Easthope at that time of unsound
mind . Since that time the will has not been seen orheard of . On the seventh of the same month his insanity was so decided that it was necessary to put him under restraint ; a commission de lunatico inquirendo wasafterwards issued , and his father was appointed committee of his person . The papers of Mr . Easthope were , consequently , from that time in the custody of his father . A draft of the will was produced , for which-Miss Easthope , a sister of the testator , endeavoured to > obtain probate , alleging that the will was missing only ,,
or , if destroyed , had been destroyed either by some one else than the testator , or by the testator when of unsound mind , and consequently incapable of revoking ; the will . It was urged on the other hand , on behalf of . Sir John Easthope , that the testator was of sound ; mind until the 9 th of September , 1846 ; and that , as a > . diligent search had unsuccessfully been made _> for the _^ will a few days after that time , there was a strong _? presumption that the testator had _destroyed the willi animo revocandi while he was yet of sound mind ..
The bulk of the property by the alleged will _waaitltt to Miss Easthope . The evidence given was very voluminous , but _tlia only important parts were those alluded to below , _, as . they were referred to b y Sir J . Dodson , the judge . Mr . Parkes deposed that the testator had called upon him on the 3 rd of September , 1846 , and had produced the will , then perfect in every respect ,
requesting Mr . Parkes to revoke the appointment of his father as executor . This Mr . Parkes objected to do . Mr . Easthope then became very violent , and spoke of his father in a most disrespectful way . His conduct was such as to convince Mr . Parkes that he was insane . After leaving Mr . _Parla's . Mr . Easthope met Mr . Hnrkncss , bis principal clerk , who , from his conduct and conversation at that timo , also concluded that lie : was unsound in mind . He went afterwards to _thei
house of Mr . Doyle , his brother-in-law , who , togetherwith Mrs . Doyle , came to the same conclusion . Woods ,, a footman of Mr . Doyle , who hud been accustomed t <» attend upon lunatics , and saw a great deal of Mr . _Easthope on that and the following days , formed the _sftfuoi opinion as to the state of his mind . Woods also s _'^ tedt that about four o ' clock on the morning of the '( fell ol . September , Mr . Easthope went into the _kitchen , _witlli him for a cup of tea , and there burnt a large , mill _oT _piqiers , amongst which were some rolls of _foolstftyp . l ' _Ao threatened to knock Woods down if ho attempted to save them . The will had never been seen « it \ c _« v ami
the Judge had scarcely a doubt that it _hmd : bee * «* _estroyod on that occasion , and that the testator- rtm then of unsound mind . In any case , tl *» pvesmnptum : of law was , that Mr . Easthope hiu \ _dosaroyad _tlUtr will after he had become insane . It was accordingly decided to grant probate of the draught of the _wilf which had been " pro ] Mmuded" b y Miss _Etisthojie . Tlh » Judge thought that there was no ground ' for susp icion that Sir John _Eusthojio hail _destroyed or _purposely withheld the will , or that be had failed in diligent ** in searching for it . Each party-wore to pi » y their - « w « costs .
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Citation
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Leader (1850-1860), Aug. 14, 1852, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_14081852/page/6/
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