Papurau Newydd Cymru

Chwiliwch 15 miliwn o erthyglau papurau newydd Cymru

Cuddio Rhestr Erthyglau

2 erthygl ar y dudalen hon

OUTLINES OF THE HISTORY OF…

Rhestrau Manwl, Canlyniadau a Chanllawiau
Dyfynnu
Rhannu

OUTLINES OF THE HISTORY OF POLAND. BY H. W. S. PROM THE EARLIEST PERIOD TO THE DEATH OF SOBIESKI. Poland, whose history we are about to sketch, is just now the theatre of a life-and-death struggle. Her people are once more in arms against the Muscovite, and again the world is called upon to witness the desperate grapple of a few brave hearts, who have cast the die for the libei ty or death of themselves and their country, with a state of gigantic dimensions and proportionately colossal power. So vast is the difference between the relative circumstances of the combatants, between the oppressor and the oppressed, and so overwhelming the forces at the command of the former as compared with those of the latter, which sink into utter insignificance when placed beside them, that people do not care to venture an opinion as to the issue of the contest, excepting that which we are at liberty to deduce from an ominous shake of the head. It is to all appearances so clear that the brave Poles are engaged on a hopeless ta<=k, that they are putting forth their energies to achieve what is apparently impossible, that their most earnest friends give utterance to their thoughts with a melancholy that they would fain suppress. It is true that everybody in this country sympathises with the Poles, and would rejoice to see them shake off a tyrant's clitius; but they see, also, that Russia can summon innumerable hosts to carry out her will, and afford to sacrifice ten soldiers for every Pole slain, and they are hardly in possession of sufficient confidence to express a hope for the ultimate success of the movement. And they sicken at the bare contemplation of the horrors which will inevitably ensue to the unhappy insurrectionists should they he defeated -which God forbid—though it would seem not to admit of an improbability. Much sympathy for the unfortu- nate Poles has been manifested in both Fr .nee and Great Britain, and a lively interest is felt in all things relating to Poland by the people of this country. But in order to be able to sympathise with a people rightly it is necessary that we should be somewhat acquainted with their history, and the writer has been induced to attempt, in the columns of this journal, to convey such information concerning Poland and the Poles its shall interest the general reader and be of future service to him. He does not enter into details, but merely touches upon points of general importance, but trusts that enough will be said to enable the reader to form a tolerably clear notion of the causes which led to the pre- sent condition of the people of that country. The name of Poland is of Sclavonic origin and means a plain or flat country, and was applied to that part of Europe which is bounded on the north by the Baltic Sea, on the south by territory bordering on the Black Sea, on the east by Russia, and on the west by Ger- many. The area. of Poland at one time comprehended 284,000 square miles, and its population before the first partition, in 177.% was about 15,000,000. It is a level country, entirely destitute of mountains, and is watered by five large rivers, each of which is navigable for a considerable distance from- the mouth. Sometimes these rivers overflow theuf banks and inundate the country, leaving deposits which enhance the fertility of the soil. The surface of the county is varied and consists of well-cultivated fields, marshes, steppes, heaths, and forests of great extent, in- which various animals exist in their wild state. The climate of Po- land is much more severe than we should have been led to expect from its geographical position—the winter being as cold as that of some parts of Sweden, about 600 miles further north. It is a great corn-growing country, and its cereal produce is so large as to entitle it to be called the granary of Europe. So much for its geography. The Poles are nearly pure Sclavonians, that nation, after having overran nearly all Europe, having been cooped up, we may say, by the Roman power on the west and fresh hordes of barbarians from beyond the Ural mountains on the east, within the dis- trict described, where they settled and to which they gave the name of Poland. Their history from the period of their settlement, which was about the fifth century, down to the tenth century, does not appear to have had any chronicler, or at least the accounts which have been handed down to us are very meagre. During that interval the Poles were pagans, and their conversion to christianity seems to have been brought about by Bohemian missionaries. Feuds and broils characterise them for the next five hundred years, when the reigning king died, the dynasty became ex- tinct, and the system of elective monarchy was adopted by the nobles. It should be said that at this period the people of Poland were in a condition almost precisely similar to that of the Russians before the Serf Emanci- pationiEdict was issued—society being divided into two, and only two classes, the nobles and the serfs- answering to the governing and the governed. With the exception of a few of those who lived in the cities and towns, the serfs were in a most degraded condition, steeped in ignorance, and wallowing in the mire of brutalism. The nobles did not number more than 220,000, but their serfs might have been counted by the million. The system of government chosen by these petty princes was a rather strange one. There Was a chamber of chief nobles, and a chamber of repre- sentatives of the lesser nobles, and these two chambers with the king constituted the Polish Parliament (diet). When the nobles sent their representatives to the diet they gave them certain instructions, defining the course they were to pursue at the diet. The three estates met in one room, some slight observance of etiquette being the only distinction between the chief and lesser nobles. What. was remarkable-more for its ludicrous character than anything else-was the custom of re- stricting the sitting of the diet to a term of six weeks, and at the expiration of that term the diet would be adjourned even though it were in the midst of an exci- ting piece of legislation. Again it was necessary to the enactment of any measure that it be unanimously accepted by the diet; and more absurd still, if in the last week of the sitting a measure was introduced for enactment which did not gain the assent of every member of the diet it was thrown out and rendered nugatory the whole previous legislation of the session The nobles were extremely jealous of the power of the king and curtailed it accordingly, indeed, the position of the Polish monarch was by no means an enviable one. The representatives nobles having their policy marked out by their constituents before the assembling of the diet, and which they were bound to follow could not assist the king in carrying out any measure that did not exactly accord with it. He had no power to rescind orders or to resume honours conferred. These defects are too glaring to need pointing out. The last king of the Jagellon dynasty died in 1572, and having in the interval between that date and 1574 remodelled their constitution, in the latter year the nobles elected Henry of Valois, brother of Charles IX, then king of France, to the vacant throne. Henry did not care a great deal about his royal appointment, and he; ran away upon the death of his brother, whom he succeeded on the French throne. The Poles then elected a Hungarian noble named Batory to the throne and he occupied it with honour to himself and success to the country. He engaged in wars with Russia and the Tartars of the Ukraine and came off victorious. He was preparing to fight Sweden when he died in 1536. For the vacant throne there were four candidates—one of them being the czar of Muscovy—but the choice fell on Sigismund Yasa, son of the king of Sweden. He reigned forty-five years and was succeeded by his son, who reigned till 1648; a second son (John Casimir occupied the throne from that date till 1668 Casimir's disposition was too placid for the position which he oc- cupied as chief of a nation, surrounded by turbulent people, continually making war, and he vacated the throne and died a monk in France. During his reign Poland lost a considerable portion of her dominions, which bad been wrested from her by Russia, and she was further weakened by the erection of the electorate of Brandenburg, a Polish dependency, into an inde- pendent-state. This was the nucleus of the present kingdom of Prussia. The nobles after the abdication of Casimir, quarrelled amongst themselves for two years as to a successor, and then a powerful faction of the lesser ones obtained the election of a young man named Wisnowitzki, totally unfit to wield the sceptre of a kingdom. This event had well nigh percipitated the kingdom into civil war, which was only averted by the counter attraction of an invasion of the Turks, then dreaded by every state in Europe. An immense host of them penetrated into the Polish territories, and not- withstanding prodigious feats of valour performed by the Poles under John Sobeski, a name destined to shine brightest in Polish history and become renowned throughout Europe, of whom more anon, succeeded in forcing the Warsaw Government to concede a strip of their territory and stipulate to pay a large annual tri- bute to the Sultan. The Poles soon became mortified with shame at the disgrace their national character had thus sustained, but instead of uniting in an effort to efface it, as soon as the nobles had quieted the fears excited by the proximity of a Moslem army their atten- tion was absorbed in intestine broils, and the state was threatened with a collapse from internal convulsions. The party who were dissatisfied with the election of Wisnowitzki now sought to dethrone him and change the form of government, but they were not supported by Sobeiski, who retired from the scene of action to his estate. Whilst at home the party charged him with being a traitor, and summoned him to the capital to defend himself. Sobeiski came, but not alone, a con- siderable body of horse escorted him, and he was ac- companied by many of the chief nobles. And here in order that the reader may understand Sobeiski's position it will be necessary to state, that for the great military services which he rendered the country under the government of John Casimir, that monarch created him at one and the same time the chief civil and mili- tary dignity of the realm under the king; the authority thus conferred upon him, it will be remembered, was perpetual by virtue of the constitution which precluded the King's resuming it. When, therefore, Sobeiski appeared at Warsaw at the head of such a retinue his accusers quailed before him, repudiated the charge, and were loudest in applauding the national hero. He then declared their proceedings illegal, revived the diet, and discovering unanimity of expression, if not of feeling, pervading the assembly, he induced them to break truce with Turkey and regain the lost territory. Sobeiski placed himself at the end of an army of 30,000 men and marched against the Turks, beseiged, captured the strong fortress of Kotzim, compelled them to evac- uate Moldavia and Wallachia, and finally drove them across the Danube. Just as these splendid successes had been achieved Wisnowitzki died, and the Polish army returned to Warsaw to be present at the election of a new king. Considerable confusioSn prevailed in the country and the electors were divided upon the claims of two foreign candidates, when it was suddenly suggested by a voice that a Pole should reign over Poland. The suggestion was opportune. Sobeiski was proposed and elected king of Poland, under the title of John the Third. He proved his ca- pacity to govern by at once setting himself to work for the improvement of the country he founded an in- stitution to educate the sons of the nobles, and increased the army. But the designs of the Turks were a source of perpetual anxiety to him, as th*y were a most formi- dable power. He hated them from his heart, and conceived the grand idea of sweeping them from Europe and re-establishing the Byzantine empire, but his con- temporary sovereigns of Christendom would not second him. Nevertheless, he resolved to wage war upon them for the security of Poland, and performed wonders in the southern portion of the kingdom. With a force of only 10,000 men he was besieged in two villages- on the Dneister, by an army of 300,000 Turks he withstood a bombardment of twenty days, and then issued from his entrenchments to give battle to the terrific host of his enemies. The latter lost all heart; they dreaded the name of Sobeiski before, but when they saw him at the head of such a diminutive army advance to battle against their myriads, they were seized with a supersti- tious terror which bore down every opposition and bereft of courage they threw down their arms. Sobeiski succeeded in concluding a honourable peace and returned home with the triumph befitting a conqueror. He was not called into the field again for seven years, and during that period he laboured sedulously for the benefit of his country, but always had the mortification of seeing his propositions and schemes frustrated by the opposition of his proud, irascible nobles, whose selfish, inordinate love of independence, was superior to every other consi- deration, and patriotism had no weight with them when it did not go hand-in-hand with self-interest. At length he began to move in the field, and it was high time for the Turks were preparing to make one sreat, mighty effort that should surpass all preceding ones in magni- tude, for the subjugation of neighbouring christian states. The French monarch, Louis XIV., had pro- moted the designs of the sultan to weaken by invasion those states of which he was jealous, and in order to preclude the possibility of their be'ng succoured by Poland,|he endeavoured to provoke internecine conflict there. In this he was unsuccessful, Sobeiski having discovered the plot before it had ripened to eruption, and prevented it by declaring war against Turkey. A countless host of Ottomans had ravaged Hungary, and advancing rapidly, had laid siege to Vienna before an obstacle materially retarded their progress. Though Austria was no friend to Poland, yet Sobeiski could not stand by and see another Christian capital bow to the Moslem yoke an undying hatred of the infidel burned in his bosom, to which every other feeling gave way. Every other state in Europe had deserted her, and her capital was on the point of surrendering, wften at the eleventh hour Sobeiski with his Poles appeared within sight of the beleaguered city.- Sobeiski had united his forces with those under the Duke of Lorraine, and the combined armies num- bered 70,000 men. Still they were vastly outnumbered by the Moslem iiost, which was 300,000. But the "Wizard King" recked not of the disparity of numbers, his stout heart was a stranger to fear, and on the even- ing of the day on which he came up with the besiegers, after examining then disposition, he placed himself at the head of his gallant hussars, and shouting the war cry that had carried terror to the heart of the Moslem on many a battle field before, dashed furiously onward straight to the pasea's tent. The charge was irresistible Blazing at the head of hi? chivalry, the Ottoman and Tartar soldiers descried him from afar, and opened their ranks as it possessing no power of resistance. The whole army followed the example of the King, aad every soldier emulated his heroic bearing. The consequence was that in a very short time the Turks sustained such a dreadful and disastrous rout as they never before experienced. Vienna was saved from Moslem dominion, and Europe became jubilant with rejoicing over the most brilliant triumph achieved by Christendom over the disciples of Mohammed. All the world knows of the infamous in- gratitude of Austria in after years. Sobeiski returned to Poland, but had not been long at home before the ma- chinations of the nobles began to take effect, and in spite of his most strenuous efforts to preserve order anarchy and confusion gained ground until they became rampant. The King was insulted, viilified, and even challenged. Despairing of ever curbing the spirit of in- subordination that was so strong in the nobles, he would have resigned the throne, but retained jt at the entreaty of a few whose consciences had been stricken by remorse. But he was so hampered and clogged by old and ruinous laws, which the stupid jealousy of the nobles would not allow to be altered, that he could effect nothing. He was not blind to the ultimate consequences of such dis- order, and at the close of the Diet a few years before his death, he is said to have pronounced these foreboding words:—" I am no believer in auguries, but as a Christian I believe that the power and justice of Him who made the universe regulates the destinies of states; wherever, therefore, during the lifetime of the Prince crime is committed with impunity, where altar is raised against altar, and strange gods followed under the very eyes of the true, there I believe that the vengeance of the Most High has already begun to work." These were startling and portentious words, uttered probably in melancholy anticipation of the disastrous turmoils which were to follow as sad precursors of the wreck of his country. Sobeiski died in 1696, and with him the glory of Poland "may be said to have departed. (To be continued.) » ■ THE INSURRECTION IN POLAND. WARSAW, March 13. According to reliable information, the insurgents under Lewandapski defeated the Russians on the 15th nst. near Breznuka, and captured two guns. Another body of insurgents under Lelewel were also victorious near Wladowa, on the Bug, on the 7th instant, on which day the Russians sustained a further deteat near Ratajl, although in considerable force at that place. CRACOW, March 14. General Langiewicz's vanguard is within a short dis- tance of Miechow, Skirmishes with the Russians took place yesterday in the immediate neighbourhood. The Russian troops near Olkuz. Wolbrom, and Miechow have recived reinforcements. Considerable bodies of insurgents are posted at Konin, under the command of Mielecki, who has been appointed Colonel by General Langiewicz. LEMBERG, March 14. The greater part of the forces of Langiewicz are posted near Miechow, where engagements between the Russian and Polish vanguards took place yesterday. The insurrection is gaining ground in the Govern- ment of Kalisch. It is asserted that the insurrrection has broken out in Podoiia, and that several thousand insurgents are posted near Bar. THORN, March. 13. Langiewicz was yesterday proclaimed Dictator of Poland by the revolutionary party at Warsaw. Last Monday the insurgents defeated the Russians under the command of Colonel Toll, near Myszewo, in the Government of Plock. The Russians had 100 killed, THE CIVIL WAR IN AMERICA. A FEDERAL GUNBOAT CAPTURED. RUMOURED EVACUATION OF VICKSBURG. THE FLORIDA" AND THE NEW YORK CHAMBER OF COMMERCE. NEW YORK, March 3 (Evening.) General Grant continues his operations against Vicksburg. The Confederates have captured the Federal steamer Indianola twenty-five miles below Vicksburg. They employed the ram Queen of the West in her capture. The Federal Commander Porter attributes the loss of the Indianola to a non-compliance with his instruc- tions. Reports are still current that the Confederate General Longstreet is at Cumberland Gap with a large force pre- paring to invade Kentucky. It is rumoured that a large Confederate force has ap- peared at Leesburg. The Confederate cavalry raid across the Rappahan- nock is said to have been a failure. Two hundred Union cavalry have been captured near Strasburg, Virginia, during a pursuit of twenty miles. The disaster occurred through disobedience of orders. Senator Sumner has reported to the Senate from the committee upon foreign relations concurrent resolutions regarding mediation. After referring to the French offer of mediation, the resolutions declare that any idea of mediation or intervention is impracticable, unreason- able, and inadmissible. Also that any offer of interfe- rence so far encourages rebellion, and tends to prolong the contest, and that Congress will therefore be obliged to regard any further attempt in the same direction as an unfriendiy act, The resolutions express regret that the foreign powers ha ve not frankly informed the Southern chiefs that the wo rk in whieh they are engaged is hopeless, and that a nc w Government with slavery as its corner stone, and wi th no other declared object of separate existence, is so fat shocking to civilisation and to the moral sense of mi inkind, that it must not expect welcome or recogni- tio n in the commonwealth of nations. The resolutions express an unalterable purpose to pro- sel 'ute the war until the rebellion is suppressed. The resolutions will be communicated to foreign Go vernments. Tite Senate has passed an amendment that negroes shall not be commissioned in the service except as com- pa: ny officers of exclusively negro companies. The House of Representatives has passed the bill of the Senate authorising the President to issue letters of raa rque, also a bill taxing the sale- of corn .Both Houses of Congress have passed a bill indemni- fying the President for the suspension of the writ of habeas corpus. Also a bill imposing a tax of two per cent, upon bank circulation. The duty on paper has been reduced to twenty per OfSlt. The Legislature of California is putting the State upon a war footing. Fifty thousand persons were present at a Union meet- held at Indianapolis, Indiana, at which strong Union resolutions have been passed. General li1 'Clellan has declined a public reception at Baltimore. The privateer Florida has captured and burned the step Jacob Bell, from China, for New York, January 12, in lat. 24, Ion. 65. Her cargo is valued at 1,000,000 dollars. The steamer Columbian, with a cargo of cotton, has arrived at St. George's, from Wilmington. The Federal Government has purchased the steamer Princess Royal. NEW YORK, March 5 (Noon.) Immense excitement exists among bankers and the bullion dealers. Gold has fallen 5 per cent since yesterday, and 10 per cent more to-day, and it is now quoted 57 per cent premium. The panic was caused by the legis- Lition in Congress concerning transactions in gold. .Money easy. NEW YORK, March 5 (Evening.) The Confederate steamer Nashville ran aground at Fort Macallister, Savannah, and was destroyed by Federal iron-clads. Doubtful reports are current of the capture of Fort Macallister by the Federals. During the last few days the city has been full of rumours concerning fighting at Vicksburg and the eva- cuation of the city by the Confederates but up to the present no authentic intelligence has been received con- .firming these reports. The Federal expedition to open the Yazoo River is said to have proved successful. Six Federal gunboats have reached Tallahatchie by way of the Yazoo. Two dredges are working on the Vicksburg canal. The Mississippi is rising so rapidly that the camps on Island 95 are seriously inconvenienced. The levies have been broken down, and the water is pouring over at a fearful rate. It is apprehended that the Confederates may take the ram, Queen of the West, and the Indianola, down the Mississippi, to attack the Federal fleet before New Orleans. General Rosencranz ha* advanced to Middlesbro' half-way between Murfreesboro' and Shelbyville. One thousand Federal cavalry from Murfreesboro have encountered the enemy at Bradyville. The Fed- erals drove their antagonists out of the town, capturing 70 prisoners and a number nf official documents. The Harriet Lane is still at Galveston, being conver- ted into an iron-clad. The reported arrangement between General Banks and the New Orleans planters for negro labour is confirmed. The military will not be allowed to take any slaves from the plantations. Public meetings have been held in Trenton, New Jersey, calling upon the State authorites to assert their State sovereignty in reference to the Conscription Act, and advocating a convention to devise means for re- storing peace to the country. Both Houses of Congress adjourned yesterday, but the Senate reassembled in accordance with President Lincoln's proclamation, and seventeen new members took their seats. No bill to assist any State in eman- cipation has been passed by Congress. A bill was pas- sed rendering void all loans on gold over par. The steamer Bermuda has been condemned. An excited meeting of the New York Chamber of Commerce has taken place. The meeting was called to discuss the burning of the Jacob Bell. A committee was appointed to report what measures are proper to adopt conceming the burning of the Jacob Bell by a pirate fitted out and supplied in England. The President of the Chamber intimated that a war with England was a possibility, and one not to be dreaded. England's neutrality was denounced, and the conduct of England towards American merchants de- clared to be a disgrace to the age. Efforts should be made to call the attention of British merchants to the circumstances, and it was thought that multitudes would respond. » ABERDARE COUNTY COURT (Before T. Falconer, Eaq., Judge) Sat till a very late hour on Thursday, the 12th instant. There were in all about 450 cases for disposal, including 360 new cases adjournments, 23; scifa, 7; judgment summonses, 59. Rees v. Williams.—Claim, B3 for board and lodgings. -The plaintiff and defendant were related by marriage, and the plaintiff's wife asserted that she had maintained the male defendant for several days in consequence of his wife starving him and turning him out of doors.— The wife on the other hand swore that Mrs. Rees kept her husband by sheer persuasion away from her, and said he never should return; her husband had left her, but come back she did not consider she owed anything. The judge A man is not to leave his own house and live even upon his sister I shall make the order for 4a. a month. Henry Alexander v. John Thomas.-Claim, 15s. 3d. balance of two flannel shirts.—Defendant swore most positively that he never saw the shirts; that he did not know the the plaintiff and never at any time had any dealing with him.—The plaintiff said, Why, your Honour, the man stands there I gave the first shirt to himself he has paid me money his sister has paid me and his wife gave me the last Is. 6d."—His Hon- our How can he pay ?—Order, two equal instalments. Lindsay v. Gethin.—Judgment summons.—Mr. Simons, for plaintiff, asked for commitment herein, as defendant had never paid anything under the order made last court; still kept possession of the house, and had brought an action for a large sum against the plaintiff in the Superior Courts, spending on litigation money that ought to pay the order.—Defendant retorted upon Mr. Simons that when he consulted him he was told to hold on, as possession was nine points of the law.—Mr. Simons Never mind what I said you now hold over and have made no arrangement.—Defendant: I am willing to come to terms, but plaintiff ruined me by taking my took-His Honour I shall make the com- mittal for twenty-one days, to be held back a fort- night. Philip John, assignee of David Morgan, v. David Jones.-Claim, £ 25.—This was a case adjourned from the last court, from deficiency in documentary proofs from the Bristol Bankruptcy Court; that deficiency having been now supplied, Mr. Simons for the plaintiff, contended that Jones had previous to and with a know- ledge of the insolvency of David Morgan, obtained a preferential payment of S28 out of the bulk of the money realised by the sale of Morgan's effects, which in fact was the only fund available for the creditors.- Mr. Smith, for the defence, insisted that his client had done no more than any other tradesman would do, sought for, and recovered as much as he could of a very large debt of B95 or thereabouts.—The fact was that Morgan had given defendant a bill for JB37, and the very day before it came due, had on the faithful promise of meeting that amount obtained a further supply of goods from him to the time of £45. Surely it would be a very hard case that a tradesman recover- ing a fraction only of his debt should be compelled to repay that fraction the proposition appeared mon- strous but such would be the effect of a verdict for the plaintiff.—His Honour directed the jury to consider whether Jones had not at the time of the receipt a per- fect knowledge of the intended bankruptcy of Morgan. If the latter were the fact the payment would not be protected by the statement their verdict must be for the plaintiff.-The jury, after a lengthened absence, returned into court, and found a verdict for the plain- tiff for £20, believing the 25 to have been a ready money transaction. Isaac Uonere Jenkins, executor of Thomas Morgan, v. Gwenllian Richards, administratrix and widow of David Howell Richards, formerly a miner, and John Jones.—This was a bill filed in the Court of Chancery January 6,1862. By an order made by Vice-chancel- lor Stuart, and by consent, on the 27th day of June, 1862, it was referred to the judge of the County Court at Aberdare (Thomas Falconer, Esq.), with power to him to deal with the suit and the subject matter thereof in the same manner as the judge might have done on the hearing of the cause; and it was ordered, that each party might apply as they might be advised. The cause came on for hearing, at Aberdare, in January, 18o3, when Mr. W. Robinson Smith, for the plaintiff, and Mr. F. James, for the defendant, were heard at great length. There were forty affidavits filed. His Honour said: Considering that so tar as the plaintiff is interested in the Guit, every ubject he could "legitimately seek to gratify was obtainable in this court [Rule 159], it is to be regretted these proceedings in Chancery were instituted. The husband of Mrs. Richnrds died February 13, 1860, j indebted, among other simple contract debtors, to Tlio uas Morgan, since deceased, in tho sum of 211. 18s. 6d. Of this sum she afterwards paid to the plaintiff the sum of one pound. At the time of filing the bill the debt due to the plaintiff was about 201. 18s. 6d. Mr. Richards, at the time of his death, was possessed of six dwelling houses situated [in Mill-street, Aberdare. demised from the 25th March, 1828, for the term of 99 years. Of these leaseholds John Jones, one of the de- tendants, was the mortgagee for the sum of 1691. 16s., or say 170Z. On the 19th of April, 1861, there bring then due to the plaintiff, as executor, the sum of 20I. 18s. 6d., he sued Mrs. Richards as executrix de son tort, and she pleaded plene administrant" of such goois as she had received. Before the case was heard she took out letters of administration to her husband's effects. The cause was heard in the County Court of May 17, 1851, and the brief minute of the judgment was that the defendant was to pay immediately as to the goods which were of the deceased, and referring to a certain num- bered form contained in the rules of court. On the 4th of June, 1861, er seven days after the judgment, Evan Griffith, a surveyor, gave a certificate of his valuation of the leasehold cottages to John Jones, the mortgagee for the sum of \7ul., which sum of money he stated to be the ample value of the same, taking into consideration their very dilapidated state. On the 18th of June, 1861, or fourteen days afterwards, Mrs. Gwenllian Richards sold and executed a deed of assignment to John Jones of the residue of the said term of 99 years, for the sum ot 1751 And here it is important to notice that the late husband of Mrs. Richards was the first cousin of John Jones, and that he was the brother of the wife of John Jones. The bill is filed in order that it shall be declared the release of the equity of redemption of the said leaseholds was fraudulent and void, and that it may be delivered up to be canceiled. The rules oflaw affect- ing this class of cases may be illustrated by these autho- rities Jf," said Lord Redesdale, "there be two persons ready to purchase, the mortgagee and another, the mortgagor stands equally between them. and if the mortgagee shall refuse to convey to another purchaser, the mortgagor can compel him by applying the purchase money to pay off the mortgage. It can, therefore, only be for the want of a better purchaser that the mortgagor can be compelled to sell to the mortgagee. But courts view transactions even of tiiat sort with considerable jealonsy, and will set aside sales of the equity of redemp- tion where, by the influence of his incumbrance, the mortgagee has purchased for less than others would have givea, and there are circumstances of misconduct in obtaining the purchase." [2 Sjh. and Lef 673.] "So if one concerts with an executor, or legatee, by obtaining the testator's effects at a nominal price, or at a fraudu- lent undervalue, or by applying the real value to other subjects on his own behalf, or in any other manner contrary to the duty of the office of executor, such concert will involve the seeming purchaser, or his pawnee, and make him liable for the full value." Or, as stated by Lord Cranworth, in the late case of Walker v. Taylor, in the House of Lords f8 Jurist, 684] "where an executor parts with any portion of the assets of the testator under such circumstances as that the person purchasing them must be reasonably taken to know that they were sold, not for the benefit of the estate, but for the purpose of the executor selling and disposing of them for his own benefit, the results of that is, that the purchaser holds the assets as if he were himself in respect of those assets, the executor." And as regards the purchase of estates at an undervalue when the pur- chase cannot be sustained, the Court of Chancery, in the case of Jones v. Ricketts [8 Jurist, 1198] set aside the sale of reversionary interest, where the money paid was 200?., and the value was 238! or a difference of 381. In the case of Forster v. Roberts [7 Jurist, 400] a sale was set aside of a similar interest, where the money paid was 370t and the value was 400l, or a difference of only 30[. It remains then in the case before me to consider the circumstances under which the sale was made. The legal rules which govern this contention are clear enough. This suit is not one for the adminis- tration of the assets of Richards, and no order for the payment of the debt due to Morgan or to his representa- tives can be made in this suit. If the leaseholds were sold at an undervalue the defendants might have been made chargeable on account of their alleged collusion by a more effectual process than that which has been adopted. The first question is, has the leasehold pro- perty been sold at an undervalue ? That is, not simply sold at such a price as one person, for special reasons, might say he would give, or merely sold for something less than the sum paid for them, but whether within the fair limits of what the courts have held to be a substantial difference of price, regarding the variations of different valuations, there has been a disposal of the property at an undervalue injurious to the estate, which Mrs. Richards had to administer. Not, how- ever, that mere valuation is at all times conclusive. There must be a discretion exercised in saiesj there must be care and watchfulness; and there must be good faith. It may be difficult to ascertain the motives which urge the performance of various acts of life, but there are many disputed cases, the solution of which depends on the determination of what was the intention of the parties [Phillips v. Bistolli, 2 B. and C. 511] and it is constantly necessary to estimate the good faith or the character of certain acts by the manner of their performance. First, then, as regards the actual value of the property. On this point the witnesses on both sides may be divided into professional and unprofes- sional persons. Mr. Evan Griffith, a surveyor, valued the property at £175, and his valuation shall be presently examined in detail Mr. Thomas Watkins, an innkeeper, values it at £170; Mr. Evans, a grocer, at £170; and Mr. H. W. Harris, an auctioneer, at £166. These speak for the defendants. On the part of the plaintiff Mr. Morris says he is willing to give 240! Mr. Thomas, a grocer, puts it at 230! Mr. Williams, a grocer, at 220! Mr. John Jones, a grocer, at 240! Mr. Kenshole, at 250! Mr. Gawn, at 230/ which, in a supplemental affidavit, he says he would reduce; Mr. Jenkins, a surveyor, at 234, which sum he also would reduce Mr. Charles, a builder, at 2301. or 240; Mr. Roberts, at 246?.; Mr. William Griffith, at 248! and Mr. Hall, at 2381. This is a formidable array of valuers, but the number is reduced very considerably when the elements of valuation are sought for. In fact there are only four who express any particulars of their estimates. Yet it is not a fancy price which is sought after, but what may fairly and from usual and recognised particulars of valuation be calculated as the price. Now, it is admitted by all that the houses require repair. Mr. W. Griffith puts this expense at 27L, as an immediate outlay Mr. Thomas Jones, at from 401. to 50! Mr. Charles, at 42! Mr. Evan Griffith, at 50! Mr. Roberts, at 751 and Mr. Hall, at 761. -Secondly. Mr. Hall, Mr. W. Griffith, and Mr. Roberts, consider the annual gross value to be 31Z. 10s. 6d., and Mr. Evan Griffith, to be 31Z. 4s. Od. -Thirdly,—Mr. Evan Griffiths puts the annual out- goings at 61. 4s. Od., consisting of ground rent 1l.3s.6d, rates and taxes 3! and loss of tenants and poundage on collection at 21. I should have thought something should be added to these items on account of annual repairs. Mr. Evan Griffith makes the net in- come 25i. Mr. William Griffith makes the outgoings amount to 41.; Mr. Roberts makes them to be 4l. 2s. 6d., and Mr. Hall does not specify them.- Fourthly,—Mr. E. Griffith values at seven years' pur- chase Mr. W. Griffith and Mr. Hall, at ten years'; and Mr. Roberts, at nine years'. The sums of 25! 271. 8s., or 271. 10s. 6d. represent the estimated annual net income. Mr. Jones, the mortgagee, states the average net income has been 18/. lis. Id. Mr. Morris, however, believes he has netted 301. a year. There is a dispute as regards the quantity of land valued and the quantity actually demised. The valuations may be most clearly expressed thus:- Mr. Evan Griffith. Mr. W. Griffith. Rent £ 31 4 0 £ 31 10 6 Outgoings 6 4 0 4 0 0 225 0 0 JE27 10 6 7 years' purchase 10 yr. pr. £17500- JE275 5 0 Repairs. 0 0 0 Immediate outlay 27 0 0 jEMS 5 0 If Mr. E. Griffith's valuation has his estimate for re- pairs of 501. deducted, his valuation would be 1251. and not 1751. If his valuation is changed to ten years' pur- chase, then deducting 50l. for repairs, the result would be 200l But if the repairs are taken at the estimate of Mr. Hall or Mr. Roberts, the result would be to put the value at 1691. or 1701. In the same way the esti- mate of Mr. W. Griffith, formerly a manager here for the Ecclesiastical Commissioners, at 275! would be reduced to 2ool. by the deduction of 75I. on account of repairs. His estimate is for the present value. The higher price in this case (above 1751.) arises from the outgoings being estimated at 41. instead of 61. 4s. The other estimates are these :— Mr. Hall. Mr. Roberts. Rent £ 31 10 6 jB31 10 0 10 years' purchase. Outgoings 4 2 6 £ 315 5 6 £ 27 8 0 76 0 0 Repairs. Oyrs.pr. B239 0 0 £ 246 12 0 ————— Repairs 75 0 0 £ 171 12 0 Mr. Roberts, however, states that the expenditure of 751. would make them as good as new, and then they would be worth 32:)[. If outgoings of 6Z. for ten years were taken from the estimate of Mr. Hall, the result would give 1781. He takes repairs from his valuation, but Mr Roberts has not done so, though had he done so, at 75! the result would bo as above, namely, 1711. 123. Od. Mr. HalL who is surveyor for the Board of I ( Health, does not specify any outgoings. If 41. were j deducted the difference would be less. On iihis state of r facts, I shall first take ten years to be the proper term of valuation. The second question will be, what is to be allowed for repairs ? This consideration is complica- ted by the surveyors, one of whom puts it in reduc- tion of the present price, as Mr. Hall does, and some treat it as an outlay productive of future increased an- nual value. If the rental will not increase from the re- pairs, then it must be applied to the reduction of present price as Mr. Hall has done, and my opinion is to this effect. I adopt the higher estimates of Mr. Hall and Mr. Roberts for the full repair of the property. There are six houses, and they are admitted to be in a bad statd of repair. The last question is, what amount is to be deducted for annual outgoings ? Is it be 61. 4s. Od. or 41. 2s. 6d.? The ground rent must be deducted; Mr. E. Griffith has specified his estimate of their amount, and it has not been contested. The result is that the sale of the equity of redemption was not made at such price as to authorize the cancellation of the deed of as- signment. The affidavits, in point of form, are in the highest degree unsatisfactory in omitting a precise statement of the elements of valuation. I think an im- proper course was pursued in the sale of the equity of redemption. So soon as the plaintiff failed in recovering in the County Court, about 2N., from Mrs. Richards, we find her conveying the equity of redemption by a pri- vate agreement to the mortgagee, at about the amount of the mortgage. The person who comes forward to effect the sale is the mortgagee himself, and not a person ful- filling the duty of executor. The price agreed on is fixed by the certificate of Mr. E. Griffith, procured by Mr. Jones, the mortgagee, and it was not sought for by Mrs Richards, who ought to have been protected by some person instructing her on the safest mode of pro- tecting the interests of the creditors of the husband. It is deeply to be lamented that so costly a process as a suit in Chancery should have been permitted in order to recover the sum of 2U. It can only terminate in the distress of one or both of the parties. So long, however, as the law permits this game of beggar my neig-hbour" to be played I can only call attention to its terrible con- sequences, as they rnuit be exhibited in the misery and loss of the winners as well as the losers in such a game. The setting aside of this deed of assignment would have put no money, by any order in this suit, into the pocket of the plaintiff. It would only be a preliminary step to the acquirement of that money, which, even if the deed were set aside, might have been procurable by easier and cheaper methods than those which have been preferred. On the other hand, re- garding the family connection of Mrs. Richards and John Jones, and the evident haste exhibited on their part to conclude the sale and to withdraw the property from any suit in the county court, or from the claims of creditors, their conduct might reasonably suggest the greatest infirmity of good faith and honesty on their part. The decision, however, must be governed by the estimate of the value of the property as explained in the affidavits, and the bill must, reluctantly, be dismissed with costs. 0. ATTEMPTED MURDER AND SUICIDE NEAR BURTON-UPON-TRENT. On Friday evening last a young woman named Mary Tomlinson, a domestic servant at J. Drewry's, Esq., solicitor, Newton Mount, was attacked by a young man named Joseph Simpson, with whom she had been on terms of the closest intimacy for some time. He shot her and wounded her on the right side of the head, directly below the ear, and only slight hopes of her recovery are entertained. It seems that directly after aiming the deadly shot at his sweetheart, and hearing her screams, he ran across two fields and discharged the contents of the remaining barrel into his own head. On Tuesday last-on the occasion of the rejoicings at the Prince of Wales' marriage-they went to Burton, and there entered into the enjoyments provided. At the conclusion of the day's festivites she left the com- pany of Simpson and joined another young man, which had the effect of irritating the former's temper. He went on Thursday evening last to Mr. Barrett's, at Burton, and purchased a double barrelled rifle pistol, with a q uantity of powder and shot, and on Friday morning went to the residence of Mr. Drewery, where he asked a boy named Rice to tell the young woman that he wished to see her. The boy told her, and she went to see him, when they had a short interview in what is called the boot house." During their conver- sation there it appears that she gave back to him a ring he had purchased for their wedding. This interview was the last they held together, at about half-past four o'clock in the evening. Ths report of fire-arms was heard at this time, and on enquiry being made into the cause, the girl was found lying on the coal-heap in a state of insensibity. She was picked up, when it was found that she had been shot, and she was immediately attended by medical men, who rendered all the assis- tance possible to save the life of the unfortunate young woman. After shooting the girl Simpson ran some distance, and then discharged the remaining barrel into his mouth. He was discovered by a man named Orme lying on his belly in a ditch, with blood streaming from the wound he had inflicted by the pistol shot. He was not dead when found, but life was extinct before medi- cal aid could be procured. By his side, close to his right hand, was found a double-barrelled pistol, which had the aspearance of having been recently discharged, each nipple bearing an exploded cap. The body of the young man was conveyed to Mr. Cooper's, the Travel- lers' Rest, Winshill, at which house Mr. Sale (coroner for the district) held an inquest on Saturday, when evidence corroborative of the above facts was given, but the verdict was not returned when our reporter left. —Morning Star, » MISCELLANEOUS. EMBEZZLEMENT BY AN INCOME-TAX COLLECTOR.— Thomas Peter Moffat, an income-tax collector, em- ployed by Mr. Shunmin, assessor of taxes, was brought before the magistrates at the Liverpool Police-court on Saturday, charged with having embezzled money which he had received on account of income-tax. It wasproved that the prisoner had received about 701. from Mr. Rose, contractor, and Mr. Wm. Ratcliffe, and Messrs Morgan and Mackay, drapers. The case was sent for trial at the assizes. THE WAR RAM HECTOR.-On Thursday this pon- derous and imposing war ram, built and engined by Messrs. R. Napier and Sons, Glasgow, for the Govern- ment, left the Clyde for Portsmouth. It is exactly two years since her keel was laid, the first operation for her being taken for her in March, 1861. She was launched in September, 1862, and brought down here in Decem- ber, where her engines and boilers were put on board (in ten days' time), the plating, finishing, and her masts put in since. She was accompanied by one of Her Majesty's paddle steamers. THE Cork Daily Herald contains the following:— Last Thursday night an attempt was made by some of the male paupers to set fire to the Cork Workhouse by cutting the gas-pipes in the shoemakers' shop, immedi- ately under a dormitory where 100 infirm men were sleeping. Fortunately assistant schoolmaster Desmond turned oft the main cock and saved the building. This morning a riot boke out, a pauper, named Patrick Finn attempting to stab a wardinaster. The constabulary and military are on ithe ground. Nine men and six women are arrested, and order is restored. A MYSTERIOUS CASE. -MILLSTREET, COUNTY CORK, March 12.—It appears that from some private infor- mation received by the police at Millstreet, they pro- ceeded yesterday to the house of a farmer named Thomas Barro residing at Cloghooly, about five miles from this town, and in his yard dug up a skull and bones of a human being, supposed to be that of Mar- garet Danahy, a girl aged about fourteen years, and who had been buried there in the year 1847 by her father, Andrew Danahy, (since dead), who had killed her. The keleton has been removed into Millstreet pending an inquest, and the mother of the girl and the brother are in custody.-Freeman. A LADIES' COMMITTEE.—At a leading seaport town very recently, a committee of ladies met to decide upon the disposal of certain funds raised with the object of presenting a bridal gift to the Princess Alexandra. Nearly forty ladies attended. the first meeting, after which it was resolved, after much debate and no little difference of opinion, to have a casket decorated with local views, made out of some old local relics. At the next meeting the lady who bad presided at the first, and who had a right to preside on every occasion, was passed over, and another lady moved into the chair. It is only justice to say that, unlike others, she behaved with dignity. The first resolution adopted, after much wrangling, was to rescind the one previously passed in favour of a casket. The debate then ran high, most of the ladies, having different opinions as to the suitable article for a present. Amidst the confusion which prevailed the words "bracelet," "cross," "diadem," "cradle," stomacher," could be heard rising from the din. The strife at length subsided into single combats, and the exclamations "Story-teller," and "You're another," What do you know of diamonds—except Irish ones ?" "Of course your taste is better than any one else's were freely bandied about, till at length a iady, after weeping bitterly, was carried fainting out of the room. But the fracas did not end here. An embryo M.P. who had taken an active part in the affair, and who advocated the selection of a diamond cross, which was then in the possession of a local jewel- ler, was attacked fiercely and accused of having an ill- terest in the sale of the article-in fact, that he wanted to make'a profit out of the transaction. But the C'r';?;; party, some of whom had strengthened their caquo by bringing their daughters to vote,_ carried the 'lay, and it was adopted. We believe the jv'.vel n very :mni- Jar to the one which th>; LUe.s of Liverpool purpose presenting to the Princtod. Albion, 1 i

NEWPORT, ABERGAVENN Y & HEREFORD…