MISCELLANEOUS EXTRACTS

Southland Times, Issue 950, 13 May 1868, Page 3

MISCELLANEOUS EXTRACTS

Another Enoch Aeden case lm Amekica. The llochester Express of the 2nd inst. says .— An Euoch^ Arden case has recently occurred here, in which one woman was claimed as a lawful wife by two husbands, each of whom had been legally married to her, the last marriage taking place when the first was believed to be dead. As the story is told, the facts are these -.—Two young men were very friendly to each other. One of them had a wife, for whom he cherished all a loving husband's regard ; the other was an ardent student and experimenter in scientific matters, and a baciieior, having devoted himself to perfecting a scientific instrument to demonstrate a formula which he had conceived in his mind. On the outbreak of the war the young married man went into the army, and before doing so exacted from his friend a promise that in case he was slain and and never returned, he (the friend at home) would marry his wife and give her a permanent home" and support. With this assurance that his wife was provided for, the soldier went to the war. After a while, report came that he was killed in battle, and the wife mourned for her lost husband. He did not return, at all events, even at tbe end of the war j and after a due space was given to mourning the promise given to the absent and supposed to-be deceased soldier was fulfilled ; the widow became the wife of her husband's friend, and their joy was 'crowned by the birth of a child on which the parents doted. Now comes the conclusion. A short time since the long absent soldier re-appeared, and explained the reason of his long absence (the circumstances which detained him we have not learned), and claimed his wife. The second husband wasloath to surrender his wife, who was the mother of his child also, And he declined to give her up. The question as to which had the best right to the woman was submitted to a legal tribunal, and on the last day of 1867 the court decided that the first marriage was binding, and the wife must pass over to the former husband, a decision which all parties are understood to abide by. What becomes of the child we have not learned, but of course the father will have the best right to its custody. Fibe Damp.— The "Nashville Times" of the. Ist instant, reports that a ratheriUnusual occurence happened in a shaft which some miners are sinking at the rear of Mr M'Lellan's, Edinburgh Castle Hotel. When sinking about twelve feet deep, the miner who was in the bottom of the shaft struck his pick into the ground, when it penetrated to an old drive, and, some clay falling through a gust of foul air came out. The owners of the claim immediately lowered a candle into the hole thus made, |when a slight exploision took place, and the gas took fire. It burned about nine hours. We hope this will serve to make the miners cautious abont decending into old drives until they have first ascertained whether the a r be sufficiently pure to sustain life. From the colour of the flama, and the peculiar smell emitted, there can be no doubt that it was fire-damp, although it is very rare to find it at such a short distance from the surface. A Judge Challenging a Jitet. — A very unusual scene has occurred in the Antrim Quarter-Session Court, presided over by Mr Otway, Q.C. The jury having handed in a verdict of acquittal in the case of a common assault, the Judge, addressing the foreman, asked, " What's that you say ?" Foreman : " There were discrepancies in the evidence which " His Worship — " Tut, tut, nonsence ! You may retire ! Stop ! (opening a law book) I don't know how to deal with that verdict ; it is' a perverse verdict." The foreman observed that they had found discrepancies in the evidence j when the judge again remarked that he had power — there was no question of it — to order a jury to reconsider and amend their verdict when, through the mistaking of evidenca or partiality, it was repugnant to justice. He did not know whether he would exercise that power or not.. He would allow the verdict to be recorded, but he had never received a verdict from a jury with I which he was so thoroughly dissatisfied. (To the accused) — " Stand up sir. The jury, I can hardly call them so — the twelve men who were sworn to try your case — have acquitted you, I do not believe a more guilty man ever stood in the dock than you. However, I will take the verdict — a verdict which may have done more to hinder the administration of justice in this Court, and limit the value of its jurisdiction, than any verdict that was ever given. I told you I will take the verdict, believing you — notwithstanding, that the jury have acquitted you — as guilty a man as ever stood in the dock, You are discharged. I believe the verdict to be partial, perverse, and repugnant to justice. (To the jury) — Go away gentlemen. You certainly shall never be on a jury again, if I can help it." The jurymen seemed much astonished. A Bussian tiew op English Justice. — There is a little story in "Once a Week " which supplies an amusing illustration of the odd results which some/times attend the practise of binding over private persons to prosecute criminals. A Bussian author, it seems, has gravely asserted that whenever a Bussian has his pocket picked in England he is always put in prison for a fortnight while the thief is sent about his business. The incident from which this startling generalization was deducted is said to have been as follows: — A Bussian Captain having been robbed in Cheapside was bound over to prosecute the supposed thief. But his ship was ready for sea, and by the terms of the charter-party he was bound to sail the next day. He was offered the alternative of entering into a recognizance for £100, or being detained in prison, and preferred to go to prison ; for then the owners of the vessel would know he was not to blame. On the other hand, the friends of the prisoner, alleging his innocense went before a judge at chambers, and procured bis liberation on /

bail. At the termination of the 14 days, the sittings of the Central Criminal Court was held. The Bussian captain was brought up in custody. The accused, forfeited his bail, did not appear ; whereupon, without explanation, the Bussian was discharged, after having suffered 14 days' imprisonment. — Pall Mall Gazette. The Weight op the Bba-ES". — The " British Medical Journal " has the following: — Professor Tiedemann assumed that, inasmuch as a certain size and mass of brain was essential for the exercise of the faculties of the mind, all human races are furnished therewith in an equal degree. Dr Bernard Davis, in an elaborate paper read last week before the Boyal Society, analysed the existing evidence, and added extensive additional observations which lead to a different result. The average brain-weight for the English is stated to be 47'500z ; of the French, 44'580z ; of the German, 42'830z (but there are discrepancies in the results of different observers). The Italians, Lapps, Swedes, Frisians, and Dutch, come into the same category w ith the English. Among the Asiatic races, the Vedahs of Ceylon, and the Hindoos, give a mean of over 42-11 oz. The skulls of Mussulmans afford a slightly increased average of brain- weight over those of Hindoos. Two skulls of male Khonds, one of the unquestioned aboriginal races of India, shew a brain-weight of only 3^870z. The general average of the Asiatic table shews a diminution of more that 2oz when compared with the Europeans. The general mean of African races is less than that of European races, according to Dr Davis, although there are great differences, the Caffre rising high, and the Bushman sinking low in the scale The average of the whole of the aboriginal American races reaches 44 ; 730z, which is 2*140z less than that of the European races. The Australian races shew a brain- weight one-ninth less than that of the general average of Europeans. The Malays and other of the " Oceanic races " who migrated boldly for commercial purposes over the North and South Pacific Oceans, and occupy the islands, shew a tolerably high average of bjgain-weight, and on arriving at this section we seem to be returning in some measure to the large brain-weight of Europeans. Peesents to the Pbince. — In noticing, in a recent issue, the collection of Australian birds and animals presented to His Boyal Highness the Duke of Edinburgh, and shipped on board the Galatea, we find that a valuable portion of the collection was altpgether omitted. This portion of the collection consisted of a pair of tame kangaroos (male and female), a pair of black swans, a pair of black ducks, a pair of teal, and, most curious of all, a live turtle not larger than a half-crown piece. This little turtle was so tame that, upon showing it a fly, it would crawl on a person's hand and take it off. These birds and animals, together with a quantity of game, were presented to his Boyal Highness by Mr Walter Bradley, of the firm of Bradley, Newton and Lamb, and in order that they might be comfortably housed on board the ship, Mr Bradley had three large cages or coops constructed -for them. These cages were made of colonial cedar, with wire fronts and pannelled doors in front of the wire, so that the fronts might be opened or closed as the state of the weather may require. For the little turtle Mr Bradley procured an aquarium of colonial glass, ana fitted it up very nicely with shells. We understand that the Prince expressed his acknowledgments to Mr Bradley in person, and informed him that if he were fortunate enough to get the kangaroos home alive he should give them to his brother the Prince of. Wales, to liberate in Sandringham Park. On the 31«t March, Mr Bradley received from Lieutenant Haig a letter, of which the following is a copy : — " Sir,— l am directed by His Boyal Highness the Duke of Edinburgh to express to you his most greteful acknowledgments for you kindnesa in sending his Boyal Highness some game for the table, as well as for presenting some kangaroos and rare birds to His Boyal Highness, which he values very highly. I am, Sir, your obedient servant, Abthtjb B. Haig, Equerry in Waiting; W. Bradley, Esq."— ' Sydney Mail.'