THE SUEZ MAIL.

New Zealand Herald, Volume XVIII, Issue 5994, 2 February 1881, Page 5

THE SUEZ MAIL.

[FROM THE HOME NEWS AND EUROPEAN MAIL, "DECEMBER 17-]

AN AUCKLAND MARRIAGE CASE IN THE SUPREME COURT OF JUDICATURE.

King Shan v. Kingsman.—This case came before their lordships under somewhat extraordinary circumstances, and raised important questions on the law as relating to the property of married >vomen. It appeared th;vt on December 25, 1575, the plaintiff, Isabella .Louisa Kingsman, a widow lady, whose then name was Langlois, was married at Auckland, in New Zealand, to William Walter Kingsman, an infant of the age of seventeen, and who is a son of the dcfoinuur Walter Thomas Kingsman. On the day preceding the marriage the parties entered in*o an agreement by which, in consideration c f Mrs. Langlois consenting to marry him, Mr. Kingsman undertook to convey to such trustees as she might name the whole oi the property now belonging to her, or which hereafter might belong to her, upon trust for her sole and separate use, aud free from Ins interference and control, and with an absolute power of disposal on her part. The marriage was duly solemnised, but no trustee was appointed by the wife, who preferred to hold possession of her own property, _ and almost immediately after the marriage Mr. Kingsman deserted his wife, and is now supposed to be at the Fiji Islands, never having contributed anything towards her maintenance since she became his wife. Accordingly in April. 1877. she obtained a protection order, dating hack to the period of her marriage, from Mr. Barstow, the Resideut Magistrate of Auckland, on the grounds that her husband had habitually ill-treated her, and had failed to provide her with maintenance. She returned to England, and in August, IS7S, obtained another protection order, also dating back to the time of her marriage, from Mr. Ellison, the magistrate of the Lambeth Police Court, and which, according to the provisions of the Act, was duly registered in the Lambeth County Court, within whose jurisdiction the plaintiff resided. It further appeared that the defendant had acted for the plaintiff prior to her leaving this countrv as her agent, receiving for her the rents oi" some leasehold houses in Walworth and elsewhere, some of which were her own property, while others were held by her under her first husband's will in trust for their -ui:. It appeared that the defendant had, as her agent, remitted to her £100 as the proceeds of rents received bv him, while in New Zealand, but at this time the marriage with his son could not have been krewn to him. This action was brought to recover the amount of the rents received by the defendant since this ma;}' riage, which was admitted by the defend* ant's pleadings ; but lie alleged that his son, being an infant when he married the plaintiff, the articles of settlement conveying her property to her separate use were void and not binding, that he had received a portion of the rents on behalf of the husband as cotrustee with her for her son by her tor nit r marriage, chat the order made by Mr. Barstow in New Zealand was not made in accordance with the laws of that colony, and, even if so, was totally inoperative as regarded the plainiifTs earnings and property in England ; and final!.-, | the plaintiff could not, as a 'married woman, bring an action without joining her husband, unless by special leave of the Court, when she would have to give securiiv for costs, and this had not been obtained, nor could she as a married woman give the defendant a valid discharge for sums of muiiey received by him on behalf of her husband. When the case came on for trial before Mr. Justice Lopes his lordship discharged tire jury, and ruled in point of law that the plaintiff could not maintain the action, so that judgment passed for the defendant. From this decision the plaintiff now appealed. Mr. Locock Webb, Q.C., and Mr. W. Wellington Cooper (both of the Chancery Bar) appeared for the appellant; Mr. McLntyre, Q.C., and Mr. Oppeuheim represented the respondent (the defendant in the Court below.) After a lengthened argument, involving the validity of the articles of settlement, which Mr. Webb submitted, one of the parties being a minor, were not void, but only voidable, but which their Lordships held were mere waste paper, and on the operation of the English protection order, which the Court held did not affect any property which passed to the plaintiffs husband on her marriage, their lordships gave judgment. The Lord Chancellor and Lord Justice Baggallay were of opinion that the judgment appealed from must be reversed, and that the plaintiff was entitled to recover in respect of all rentals vested in her in trust for her son, and also all the rents due to her at the time of her marriage with the defendant's son. She was further entitled to all the costs in the suit of the present appeal. Lord Justice Brett went even further, m l was of opinion that the plaintiff was entitled to recover on every branch of the case, as it was not true the respondent was defending the action on the authority of her husband. Judgment for plaintiff accordingly. THE PANAMA CANAL. The Panama Canal shares are being very rapidly taken up in France and Spain. In England capitalists are still rather cautious, being less confident of the ultimate success of the project than is its enterprising originator, M. de Lesseps. He and his countrymen are rather disposed to laugh at oar abstention, reminding us that we were ; equally suspicious about the operation at Suez. Yet something more than enthusiasm, and the moral support of the United States will be needed to make this vast enterprise an accomplished fact. Labour is the first great difficulty to overcome. The j Isthmus will not supply it; native Indians would die sooner than work ; whites imported will die if they do work. West Indian blacks are as lazy and untrustworthy as Indians. The climate is tropical, anl would easily grow pestilential, particularly as great sections of the work must be exe - cuted anions swamps and watercourses, :a which malaria and epidemic will soon he frightfully busy. No such reasons as these will serve to deter the great and sanguine i engineer who has the matter in hand. He feels certain that in spite of all difficulties some i seven or eight years will complete it, and as a hale, vigorous septuagenarian, he has every hope of being alive to see it. Nor does he iutend to let this second great scheme complete the list of his gifts to the century. He really seriously entertains the idea of turning the Great Sahara into a saltwater lake by letting in on it the waters of the Atlantic. He is certain that the engineer ing difficulties are not insuperable, and friends of his are now on their way to explore the region. It is a colossal idea thus to invade and conquer Central Africa, and if ever realised will be a new and the least wonder of the world. THE KAPANGA GOLDMIXING COMPANY. "A Shareholder' writes to express surprise that the directors of the Kap;-:nga , Mining Company of New Zealand do not take steps to consult with the shareholders . on the present position of affairs. "If, ' he , says, " my information is correct, operations at the mine have virtually ceased, the directors having declined to make further re- , mittances to Captain Thomas, this step being nccessary because the funds raised under the

■■——■ lit reorganisation are all but exhausted. I i! nderstand there are no funds in New Zealand, and none on the way out. Another •'j'ju al to the shareholders or the abandonr out of the enterprise being inevitable, why < ■ t!ic directors allow things to drift?"— Iv : > ] > i ■; i I) Mail. IRELAND. Tin- Rev. Mr. I lodger, a clergyman of the i i 1) ('lmivli, while driving home a few i i-htfi a<4o t,o Killinchy, County Down, being I::; t.iken for an unpopular clergyman in the I ■ 'ii'hbonrhood, was set upon by four men in m i ik -. -iiw! lu.s horse and veliiole tumbled P:t " 'Uti li. (Jik; of the most notable in-in-'idt I rotting yet, chronicled occurred II 1111111 1. the other night. A lady who has I ell For year?! at variance with Inn- tenants, •1 : who wan shot at and wounded in her '• a : 1 kitchen sotne years ago, was accosted by huxt.er woman wlnle passing through the . 'ri-ett ot I'allina, who called her some vile 1 ""><• and ntruel; lier across the face with .'i tin tea|n>t. 'I he lady then went into a large .1 ml v. are shoji, and was in the act of buying ! i when the proprietor came in and '■ l ei ed 11.• t- oul, declining her custom and • >"nn I :>■ Ii 11 _r liis assistants not to attend her >>( di cni-wal. She then proceeded n the street, and was followed by ail e lie.l rr-jwd yelling and hooting. She ••• ' j i .e •>i\-chrinil>er»!(l revolver, and, my 1 mud, pn-icntcd it at the crowd, I.'Mm ; tlcni that she would and could use it 1' ii" >'~s:u'y. She was escorted to her hotel I'V a party of police, and finally was accomI'inied to her county residence on her own • i' by two constables. A bailiff, named ' ■ 11 ii• >11.1 ■ ;<I, has been shot dead at Ballinall,\ , a t'-w miles from Cookstown, county • '""ic, v. hi!- attempting to execute a ' ' ''i-ee. 11 is body has been taken into < > ' 1;111 w 11, and great excitement pre- \ in the snrroimding district. A i ' in named Nollcyn was met the other c ■." 1 1. neiv ( 'as! I.- Island, by a party of men, :>"<■. I and d 1 -\;uiscd, who bound him hand ■ 1 f 'oi,, and, fa.-,Lriiiii_' the rope to the baM lem nt s <i»'a bridge, left hint suspended 1 "i 1 1 ovr I lie water. From this perilous 1 Ii: ion he w.t: reseu,.(l. Hearing that Mr. ittv, bind agent for Mrs. Colclough, of ' '•'>! and in i.st 'i' of the Wexford hounds, v " ' 1 meet to hunt at Tanlought Boy, .■ \i■ >ril. on a given day, about 100 men e11 : ' 1!.•,J for the purpose of stopping it. 1 "V lint proceeded to the house of a pub- '' m n.iineil Power, of Rallycullane, where ' c 1111pe111 m] him to live them drink. : \ 11 e \ t proceeded to a Protestant farmer's I ' ce, iiane'd !',!ms, and unyoked horses that '■ • 1 •• ploughing, and took tiieni with them to . inloiigh;, where they lay concealed until ! "■ meel. Mr.li(> itty arrived shortly after 12, •" ■■"inp'inied by Miss Colclough and an KngI> bmiLs'iian. The party were quickly hc'tonieleii. The Knglishman galloped off I 'me, and Miss Colclough also galloped a'v-i.y. Mr. P»ea f ty accostcd the men, who o' dereil hiin oil* the field, as they said they voidd not. dlow him to hunt without per--1 • 1 ■ • 1 ■ < 11 of the Land League. These are :• ''Mijily a few of the outrages which arc daily I rig perpetrated in Ireland. Every morn--1:1 ; . pipers bring a long list, and it is noteworthy (hat the number increases. Baron i>"\\ -;e, a t ( Jalway Assizes, on December 14, ' 1 ' a threatening letter he had received. [was written in a disguised hand, evidently v ''li the left land, and was the work a person of more than ordinary ■ > me it 1011, It was couched in the following terms: Irishtown, Limerick,— 'Vc.' -e, you infernal Protestant, take warning <>i Lord Mountmorres, for you will • >',i eh nii'et, his fate, even on the Bench, if v "i '' eivict, any Land Leaguer. We all at i 1 know oar power, as you now see. We ' " "ne-l - - in Cork, so we will you, or •'•".v other tyrant like yon. — A County 1.11 ii ■!•!<• k Mm. 'To hell with Victoria la lb me 1 N'isc Parnell, notre Iloi !" There 1 i collin with the nunc " Baron Dowse" ' n if, raid l.'.vn Words lie could not make out. !' u.is hardly necessary to say that nothing be kin | would deter him or any of his b.c'liren on tie' Bench from doing their duty. • -apt aiii Boycott's farm is now deserted, 1 ' herds hiving left, and nobody can be 1 ''in I to take charge of the place. Mr. We, 1.e.;, the last occupant of the house, has I ■' under an armed escort. jTUH NICW TAY BRIDGE I ite lew Tay Bridge is, we hear, to be of . -aiici--ot width to admit of a double line of i ad i being laid, and. in the arrangement of |,ie girders tlie rails will be laid partly along t lower and along the upper booms, the pern 1 alient way being enclosed on each side b\ a. strong iron para,pet. The new bridge is in be erected a li'tle to the west of the present one, the intervening space between the c ntres of the bridges being about 50 feet in vviilth, and the course it takes is in a line v ith the old bridge. There will be 75 spans in all. the four highest being opposite the four broken piers at the south end of the | '-'ap in the present bridge. Their width will lie feet each, and height 77 feet above ine high water level of ordinary spring tides, i'"ing I I feet lower than the highest spans in Ihe old bridge. The plans show the abandonI'lent of tne present objectionable junction ot the Newport line at the south end of the bridge, and the substitution of another junci"'ii which will be more .satisfactory. A DOUBLE EXECUTION. A double execution took place on Deccitii" r Iv! at Newgate. Herbert and Pavey, known as the Acton and Kitusburv Park • I'irdeicrs, have paid the penalty of their • nines. Rot h murders we.re of an unusually ■ character, illustrating once again ine truth of the poet's description, who Mnaks or "lust hard by hate.'' In both ' ' <:•!, from the first, it was generally recogi.i id that the absence of extenuating circumstances precluded all hope of an appeal b.r the exercise of the prerogative of mercy. !f capital punishment is justifiable at all, it > 111 such eases as those of' Pavey, the victim < t whine brutal savagery was an innocent iiU.le child, Herbert's crimes were in some '' e. ice less revolting, inasmuch as the woman whose intimacy with him resulted in the Kinsbury I'ark tragedy was a free agent, ihoii 'h ]iiissiblv influenced by his threats! Herbert, it appears, has led a wild and reckb -;s life, and has for several years resided in Australia, where he and his wife kept a small < an y farm. His victim was his sister-in-biw, a married woman, named Jane Messenger ; and, although the prisoner has pertinaciously refused to say anything upon the subject, it is believed that the motive for 1 'Hiiinittiiig the crime was the refusal of the oicased to leave her hits hand and accompany hint to Australia. Herbert made no allusion to his crime since his conviction, and no one visited him. Only one person who was known to the prisoner has made application to be allowed to see him; and the prisoner refused to allow him an interview. ■ fu't before the drop fell, both prisoners said to the Ordinary, "Good bye, sir." SALK OF THE MIDDLE PARK STUD. Mr. Blenkiron's sons having determined to break up their father's stud altogether, Mr. I atter.sall has sold by auction, without re- • ■ |, i've, the. entire Middle Park stud. The attendance was very small, and if it had not bee,l for the, foreigners, ihe sale would have been almost a fiasco, as representatives from I' ranee, Germany, Spain, and Denmark were present; while Sir Hercules Robinson had come to make several purchases for the Cane •F G-.od. Hope, and Mr. ,1. B. Smith for New South W ales. Of the fifty-two mares in the Middle | ark stud, all but four were sold a ml the total which they realised (10 800 guineas) represented an average of ''22(> guineas each. This is a result which, taking

into account the peculiar circumstances of the sale, is not by any means unsatisfactory. Sir Hercules Robinson made some very judicious purchases for the Cape, among the mares which will be shipped for that colony being Rosette, whose pedigree has this peculiarity, that four Derby winners are to be found in it within as many generations. Rosette, for whom Sir Hercules Robinson paid only 350 guineas, is by Lord Lyon, winner of the Derby in 1866, and her dam is Rouge Rose, the dam of Bend Or, while her grandsire is Thormanby, and her great-great-grandsire Plenipotentiary. Amongst the brood mares sold ire the following :—Bergere (1873), by Saunterer—Lass o'Gowrie, by Dundee, Sir H. Robinson, 300 guineas ; Clytemnestra (1867), by Blair Athol, her dam by Birdcatcher—Mickleton Maid, by Velocipede, Sir H. Robinson, 135 guineas ; Czarina (1871), by King Tom—Mrs. Lincoln, by North Lincoln, M. Malapert, 1500 guineas; Hilda (1866), by Prime MinisterEthel, by Kthelbert, Mr. T. V. Morgan, 1400 guineas ; Rosette (1876), by Lord Lyon —-Rouge Rose, by Thormanby, Sir H. Robinson, 350 guineas. The geueral result of the sale has been by no means unsatisfactory, for the 86 lots, including a dozen, the property of a gentleman, disposed of fetched 19,700 guineas, giving an average of 230 guineas each. MISCELLANEOUS. Six cases of antiquities have arrived at tlli British Museum from the excavations at Babylon. They consist chiefly of inscribed tablets and small objects. Lord Beaconsfield's new work has been the topic of the day in political and literary circles during the last week. Her Majesty, we learn, spent some time each day over it as soon as a copy was sent to her. A projio.i of the advances women are making in spheres hitherto mainly occupied by men. it is not generally known that four Lady Bachelors have lately attained that distinction by taking the B.S. degree at the London University. At the last meeting of the Council of the Royal Colonial institution—Mr. James A. \ oul, C.M.G., in the chair—-the following gentlemen were amongst those elected Mr. F. W. Paul, New Zealand ; Sir Hercules Robinson, G.C.M.G., Governor of the Cape Colony. Mr. Stanley I)e Vere Hastings Alexander, of the Public \\ orks Department, New Zealand, Mr. Norman Selfe, of Sydney, and Mr. David Lees Simpson, Consulting Engineer to Otago Harbour Board, have just been elected members of the Institute of Civil Engineers. A Berlin telegram ,s;>ys that important trials have been made lately on the Rhine, in order that navigation may be carried on at night by means of the electric light. It is hoped that satisfactory results will soon follow which will probably develop an entirely new phase in river navigation. The death is announced of General de Kefife, the director of the Government cannon factory at Tarbe3, France, and the inventor of the mitrailleuse. He was in his sixtieth year, and had suffered for fifteen months from the effects of a fall from his horse. As soon as "Endymion" passes through the censor's hands at St. Petersburg, it will appear in four separate translations in the Russian language. At Moscow and St. Petersburg it will be brought out in a cheap form by two eminent publishing houses, and two newspapers will issue it in their weekly literary supplements. We have to record the death of DeputySurgeon General Benjamin Tydd, head of the Statistical Branch, Army Medical Department, which occurred at his residence, "The Prestons," Ightham, Kent. The deceased officer served on the staff in Bulgaria and tne Crimea, New Zealand, the Mediterranean, and Canada. I he revised version of the English New Testament will be issued in February next, and a " Companion to the Revised Version of the English New Testament," by the Rev. Alexander Roberts, D.D., Professor of Iluinanity, St. Andrew's, and member of the New Testament Company, will be published simultaneously, explaining the reasons for the changes made in the Authorised Version. Mr. Edward Baines, formerly member for the borough of Leeds iu the Liberal interest, on whom Her Majesty has been pleased to confer the honour of knighthood, is the second son of the late Mr. Edward Baines, of Leeds, many years also M.P. for Leeds, and founder and editor of the Leeds Mercury. He was born in the year 1800, and was educated at the Protestant Dissenters' Grammar School, at Manchester. Mr. Baines, who succeeded in IS5!> to the seat once occupied by his father, has been for some half a century also proprietor of the Leeds Mercury. A murder, believed to have been prompted by revenge, has been committed at Solilutll. near Birmingham. A young Irishman named •John Gateley was shot by a stranger while m the back yard of a beerhouse. Before his death, and when fully aware of the hopeless- j ness of recovery, he declared his ignorance j of the name of the man by whom the shot was hred, and his inability to furnish the slightest description which might lead to his identification, adding that there had been no quarrel between them. The man who fired the shot escaped, as no one would attempt to arrest him, although a number of persons saw the deed committed. , Sarah Bernhardt is being lionised in New \ ork. The shopkeepers have invented " Sara Bernhardt " bonbons, hats, and boots. Her face is seen painted on all the plates in the crockery shops, and New York is literallv flooded with her portraits of all sorts and sizes. At the hotel where Mdlie. Sara Bernhardt resides an attendant is told off solely to take in the presents and bouquets which are showered on her by admirers and tradespeople who wish to obtain a visit from the celebrated actress. Already a room set apai t for these tributes is half full of articles of every conceivable description. " Sara Bernhardt cigars" are sold at high prices, while those formerly dedicated to°a famous prima dnnva have receded in value Such is transcient theatrical notoriety. Lot d Leaconsfield has taken a nine years' lease of his new house in Curzon-s'treet I his shows that he still looks forward to a considerable peuod of active political life. I he house which he has taken is one of the largest and most commodious in May fair, and it is the intention of the noble Earl to make it a centre of great social .and political influence. He is to give a series of Parliamentary dinners, during the season. He is to hold frequent receptions, to which those whom he has any hope of winning to the Conservative ranks will be invited. He is about, in fact, to play the part of a great social as well as political leader. AH his novels and notably his latest, show that in Lord Beaconsfield's view social management has much to do with political success, and it shows great spirit on his part that he should in this way seek to revive the shattered prospects of his party. The mfon ot Lord Salisbury will also be a very brilliant one during the coming season. On December 16, on the invitation of the managers of the Orient Steam Navigation Company, a number of gentlemen, including the Bishop of North Queensland, and the Agents-General for New South Wales, New Zealand, and South Australia, partook of a luncheon on board the steamship Orient, at the Royal Albert Dock. The meats provided were Australian viands preserved duriiu' a passage of thirty-two days by the dry-air process of Messrs. Bell and Coleman. Am on,, the dishes most keenly relished at the luncheon were soup made from ox tail Australian oysters, which, it is said, areobtainable

n the Australian restaurants at 6cl a dozen; and can of course be imported at a lower price, fillets of an Australian fish called "schnapper," Murray Bay cod, lamb cutlets, mutton, roast beef, and various vegetables. Mr. C. J. Green, one of the managers, in proposing the loyal toasts, said a portion of the fresh meats had been sent to the Queen. Mr. J. G. Anderson, another manager, stated that the experiment had enabled the Orient Company to promote the comfort of their passengers by dispensing with the carriage of live stock for provisions, and by providing for them a more varied diet. The Australian Agents-General present —Sir D. Cooper, Sir J. Vogel, and Sir A. Blyth—and the Bishop of North Queensland, joined in congratulating the company on the success of their experiment.