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Leader (1850-1860), 14th August 1852, Edition Town of 2, Page 770

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      Untitled Article

      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 a 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 the 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 that 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 by Cardinal Wiseman . The judge thought it would not be sufficient to prove an innocent omission on the part of the defendants to do something that might possibly have been beneficial to the plaintiff . There appeared to be great confusion in the evidence of Griffiths in regard to the dates ; the affair of the robe could not have taken place at the time she represented it . With regard to the diet , lio thought that even if they had meat but three times a week they could hardly consider it as insufficient . As to the discipline of tho convent , they must take into consideration that the religion to which both parties belonged was severe in its forms and ceremonies . If the defendants did not desire the benefit of

      the child he did not see what motive they could have in calling in their own doctor as well as another . The jury , after deliberating three quarters of an hour , returned u verdict for the defendants .

      Untitled Article

      EMIGRANTS' TRANSIT DIFFICULTIES . Mr . Thomas Woot / tjcv , of Cullum-street , Lime street , ship agent , appeared before the Lord Mayor , on Tuesday , in answer to a guininons obtained under the Passengers' Act , 12 th and 12 M , h Vie . c . 32 , on the following facts . Mr . 11 . F . Bastard , of l ' ortsen , was desirous of emigrating to Australia , and having noticed an advertisement stating that tho ship Alfred would sail for Tort Philip on the 7 th of July , his father , Mr . II . J .

      Bastard , went to town , and engaged u cabin passage , pitying ten guineas as a de ] M > sit , imd being at tho time )> ositively assured that tho vessel would sail on tho day stated . He took a receipt for the money , at tho foot of which wore tho words , " To sail about tho 7 th of July . " Tho word " about" being inserted by one of the clerks hh from an afterthought , after Mr . Bastard had first taken tho receipt . Mr . Bustard having- got everything ready for his sou , an udvortisornont appeared in tho Times » Utii > g that tho yohsoI would not sail till

      the 17 th . On the 10 th , Mr . Bastard received a letter stating that the time of departure was put off till the 25 th , and another afterwards announcing a further delay till the 30 tli . Another postponement till the 6 th of August induced Mr . Bastard to abandon his intention of sailing by that vessel , and ho accordingly wrote to Mr . Woolley demanding his deposit , and 10 / . as a compensation for the 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 , dbnied 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 Finn is observed that the act gave the agent the 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 . AVontner , 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 had been admitted by Mr . Woolley ' s letter ,

      Mr . Ballantino 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 tho whole of the contract money to tho owner . It was decided that the case came within the 32 nd section of the act . The plaintiff recovered 15 / . for his passagemoney , and 3 / . as compensation .

      Untitled Article

      CITY SYMPATHY WITH THE SUFFERERS AT MONTREAL . A public meeting of merchants , bankers , and others , was held at the Mansion House on Wednesday , to take measures to relieve the distress occasioned by tho recent fire at Montreal . There were present , Baron Rothschild , M . P . ; Mr . B . Oliveini , M . P . ; Mr . Rolt , M . P . ; Messrs . A . Gillespio , C . Mills , R . C . Bevan , E . Gurney , the Governor of tho Bank of England , Messrs . J . Dillon , J . Bradbury , W . Loaf , N . Gould , W . Chapman , T . II . Brooking . R . Gillospie , jun ., the Rev . A . I ) . Campbell , of Montreal , the Hon . A . Kinnaird , M . P ., the Rev . T . Binney , Messrs . R . Harrison , and S . Copest ake .

      The Lord Mayor , who presided , was Hiiro that tho citizens of London , as well as tho country generally , would manifest their sympathy with those who wore suffering from this calamity . Ho reminded them that the winter in Canada was far nioro severe than in this country . lie liad received letters from Mr . Master - iiiaii , M . P ., Mr . C . S . Butler , M . P ., Mr . Baring , and other gentlemen , expressing their regret that they wore prevented from attending the meeting .

      Mr . A . Gillcspio moved tho first resolution : — " That tUiH mooting \ xa » hoard with deep rogrot of the Into calamiloiiH firon at Montreal , by which nearly ono-Ihird of tho city , conoidting principally of tho dwellings of tho poorer inhabitants , hiw boon destroyod , and about 10 , 000 human beings have boon deprived of shelter mid tho moanu of oubeisionco . "

      He mentioned the fact , that a considerable portion of tho sufferers were Roman-catholics , and he hoped ! that Protestants would seize this opportunit y of show ing that they did not allow any difference of creed to 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 p artial and temporary relief , ' and this meeting is of opinioa that the calamity which has suddenly overtaken so many of our fellow-subjects appeals loudly to tho Sympathv and liberality of the British public . " f J

      This was seconded by Baron Kothschild . Mr . R . C . Bevan moved the third resolution : — " That a subscription be now opened , and that books be left at all banking-houses in the metropolis , with a request that they will receive contributions for thi s object . '" A committee was appointed to receive subscriptions and to apply them in such way as they should considermost effectual .

      Untitled Article

      CURIOUS WILL CASE . A bemabkable case respecting a will was decided- otu Tuesday , after occupying the Prerogative Court for several days . The testator , Mr . John Easthope , dfed ; in January 1849 , a bachelor , having personal propertytb > the amount of 15 , 000 / ., but possessed of no real estate .. He had executed a will in 184 . 4 , and had kept it ia hisi possession till September , 1846 ; on the third of which : month he went to the office of his solicitor , Miv Joseph ) Parkes ( since appointed a Master in Chancery ) -, for the > purpose of revoking the appointment of his father ,, Sirr John Easthope , as executor . This Mr . Parkes objected ! to , considering Mr . Easthope at that tune' off' ansoundl 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 limatieo inquirendo was afterwards 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 liad unsuccessfully been made for the will a few days after that time , there was a strong presumption that the testator had destroyed the will animo revocandi while he was yet of sound mind .

      The bulk of the property by the alleged will was left to Miss Easthope . The evidence given was very voluminous , but tho only important parts were those alluded to below , as they were referred to by Sir J . Dodson , the judge . Mr . Parkes deposed that the testator had called upon him on tho 3 rd of September , 1846 , and had produced the will , then perfect in every respect , requesting Mr . Parkes to revoke the appointment of his fatheras executor . This Mr . Parkes objected to do . Mr-Easthope then became very violent , and spoke of hisi father in a most disrespectful way . His conduct was :

      such as to convince Mr . Parkes that he was insane ; - After leaving Mr . Parkes , Mr . Easthope met Mr ; . Harkncss , his principal clerk , who , f > t ) m his conduct ; and conversation at that time , ulsix ooncludodi that' ho ; was unsound in iniud . He weafc aftorwardb to tho » house of Mr . Doyle , his brother-in-law , who , togethorr with Mrs . Doyle , caiuo to the same conclusion . Wood *; . a footman of Mr . Doyle , who had been accustomed tu » attend upon lunatics , and saw a great deal of Mr . Y / lfit--hopo on that and tho following days , formed the / WW »* opinion as to tho st ate of his mind . Woods also stated that about four o ' clock on tho morning of the 4 ijh of September , Mr . Eanthope went into tho kitchcn . with him for u cup of tea , and there burnt a largo rail of >

      papers , amongst which were Homo rolls of foolscap , Ho threatened to knock Woods down if ho attempted to save them . Tho will had novor been seen since , and / tho Judge hud scarcel y a doubt that it hud been destroyed on that occasion , and that tho testator wns » then of unsound mind . In any case , tho p resumption of law was , that Mr . East hope had destroyed tho will after ho had become iiiHiine . It was according ly decidod to grant probate of tho draught of the will ' which had lieen " projKmnded" by Mihs Ifiosthope . Tlio Judge thought that there wna no ground for susp icioir ilutt Sir John IOaathopo hud destroyed or purposely withhold tho will , or that ho had fuilod in diligonco in Koarching for it . Each party were to pay their own . costs .

      Untitled Article

      770 THE LEADER . [ Saturday ,

  • Citation
    • Leader (1850-1860), Aug. 14, 1852, page 770, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1947/page/6/