Part 13

9.--A Special Committee of the House of Commons sat to decide various questions arising out of the elections at Norwich in 1859. The first point to be decided was whether Lord Bury's claim, by virtue of the election in July, was not nullified by the bribery which was proved to have been made by his agents when he was returned with Mr. Schneider in April; and secondly, whether, in the event of such disqualification, Sir Samuel Bignold or Colonel Boldero had a valid claim. There were three petitions: (1) against the return of Lord Bury and the qualification of Sir Samuel Bignold, on the ground that both had been guilty of bribery at the April election, and the seat was, therefore, claimed for Colonel Boldero (signed by Josiah Fletcher, S. Jarrold, and J. J. Kempster); (2) alleging the disqualification of Lord Bury, and claiming the seat for Sir Samuel Bignold (signed by J. G. Johnson and R. Kerrison); and (3) alleging the disqualification of both Lord Bury and Sir Samuel Bignold, and claiming the seat for Colonel Boldero (signed by P. Back and G. C. Stevens). No appearance was put in in support of the first petition. The Committee declared that Lord Bury was not merely disqualified from sitting in the House of Commons during the then Parliament, but the last election was void, in consequence of his lordship having been found, since that return, guilty of bribery by his agents. A writ was then issued for another election, and on March 28th the following candidates were nominated: Mr. W. Forlonge (C), Aynhoe Park, Northamptonshire; Mr. W. D. Lewis, Q.C. (C); Sir William Russell (L), and Mr. Edward Warner (L). The polling took place on the 29th, and the result was officially declared on the 30th, as follows: Warner, 2,083; Russell, 2,045; Forlonge, 1,636; Lewis, 1,631.

24.--Died at his residence, Hillington Hall, aged 73, Sir William John Henry Browne ffolkes, Bart. He represented the county, and afterwards the Western Division, as a supporter of Liberal principles from 1830 through the Reform era, but lost the seat on the redaction of the Conservative party in 1837, when Mr. Bagge and Mr. Chute were returned. As a magistrate, country gentleman, and landlord, Sir William was highly esteemed. He was Chairman of Quarter Sessions at Swaffham, and chairman of the Norfolk Estuary Company. He was succeeded by his grandson, William Howell, then in his twelfth year, and eldest son of Martin Brown ffolkes, who was killed by lightning in July, 1849.

24.--The Rev. J. W. L. Heaviside was installed Canon of Norwich Cathedral, in succession to Canon Wodehouse, resigned. Mr. Heaviside was a professor at Haileybury College, an examiner in mathematics for the University of London and for the Council of Military Education, and a brother of Mr. Heaviside, formerly master of the Norwich School of Art.

29.--At the Norwich Assizes, before Lord Chief Justice Cockburn and a special jury, was tried a libel action, in which Mr. Samuel B. Cory, solicitor, Yarmouth, was the plaintiff, and Mr. T. W. Bond, publisher of the "Norfolk News," Norwich, the defendant. The libel was contained in a letter written to the newspaper by a Mr. Fabb, who alleged, among other things, that Mr. Cory had laid informations in certain game cases, with the object of putting the fees into his own pocket. Mr. Fabb, it was understood, had indemnified the "Norfolk News." The jury returned a verdict for the plaintiff, with one farthing damages, as to that part of the libel above quoted, and for the defendant as to other portions of the libel, on the ground that they had been justified as true. The effect of the verdict was that plaintiff had to pay his own costs and half the costs of the defendant. In a second action, Mr. Fabb sued Mr. Cory for malicious prosecution, and obtained a verdict for 30 pounds damages.

30.--Died, in her 63rd year, at Cheltenham, while on a visit to her son-in-law, the Rev. J. F. Fenn, Lady Bignold, wife of Sir Samuel Bignold.

APRIL.

2.--An important will case, Wright _v._ Wilkin, commenced at the Norfolk Assizes, before Lord Chief Justice Cockburn and a special jury. It was brought in the form of an action for ejectment to recover possession of certain tenements and lands held by the defendant, Thomas Martin Wilkin, solicitor, of Lynn, under the will of an old lady named Mary Mann. The plaintiff, who was heir-at-law, alleged that the will was obtained from an infirm and weak-minded person by fraudulent practices and contrivances. The will had already been disputed, and in that trial a verdict was given in favour of Mr. Wilkin; this action was brought because there had come to the knowledge of the plaintiff facts and circumstances which had been entirely withheld from the former jury. The trial lasted until the afternoon of the 3rd, when the jury found for the defendant, subject to argument upon certain points reserved. These were stated in the Court of Queen's Bench on April 9th, and were to the effect that the devise to the defendant was defeated by his neglect to comply with a condition of the will, namely, that the devise was conditional on the devisee paying off certain legacies within twelvemonths in case the personal estate should be insufficient for that purpose. It transpired that the personal estate was insufficient, but the defendant did not pay one of the legacies within the time stipulated. It was also contended for the plaintiff that the devise to the defendant was void, inasmuch as it was a contrivance to defeat the Statute of Mortmain, several of the legacies being for charitable purposes, and that the defendant had misled the testatrix by not telling her that, under 43rd George III., she could leave as much as five acres of land for the repair of the church. Lord Chief Justice Cockburn granted a rule _nisi_. In the Court of Queen's Bench, on November 27th, the Lord Chief Justice said the rule must be discharged, as the words in the will were not intended to impose a condition, the non-observance of which would involve forfeiture. Mr. Justice Crompton and Mr. Justice Blackburn concurred. The rule was discharged.

MAY.

24.--The Queen's birthday was celebrated at Norwich by a parade on Mousehold of the Royal Horse Artillery, the West Norfolk Militia, and the Rifle Volunteers. The Mayor afterwards entertained the officers at luncheon at the Guildhall, and in the evening the Volunteers dined at St. Andrew's Hall, under the presidency of Major Brett.

28.--A violent gale from the north-west did extensive damage in Norwich and throughout the county. Terrible disasters were reported on the coast. Twenty vessels belonging to Yarmouth and Lowestoft were lost, 200 men and boys perished, and 240 women and children were left in a state of destitution. On the 29th an inquiry was held at Yarmouth into certain allegations as to the conduct of the beachmen and crew of the lifeboat. It was stated that, in consequence of differences which had arisen, much valuable time was lost in launching the lifeboat, and a resolution expressing regret at the delay was adopted. A public fund was raised for the destitute families of the local fishermen. During the gale, the north-east pinnacle of St. Peter's church, Yarmouth, was dislodged, the windows of Cromer church were blown in, and at Blickling 247 oaks were uprooted in the Great Wood, 216 in Hercules Wood, and 190 in other portions of the park. It was estimated that 1,500 trees were levelled on the estate.

--The American horse tamer, Rarey, gave an exhibition of his system of training, in the riding school at the Cavalry Barracks, Norwich.

JUNE.

4.--The Royal Horse Artillery marched from the Cavalry Barracks, Norwich, _en route_ to Woolwich, and were escorted to the city boundary by the Rifle Volunteers.

9.--An extraordinary case, arising out of the sudden disappearance of a lad named Vansittart, came before the Norwich magistrates. The lad was a son of Mr. Vansittart, member of Parliament for Windsor, and had been placed at school under the care of the Rev. F. H. S. Hodgson, rector of Rackheath. At Brighton, some time previously, he had developed Roman Catholic tendencies, and his friends were anxious to remove him from the sphere of such influences. Mr. Hodgson, while engaged in parochial duties, missed the youth, and gave information to the police at Norwich, who found him at the house of a Roman Catholic jeweller, named Beha. The lad made a very singular statement, to the effect that an Italian priest, attired in a long blue cloak, had persuaded him to leave school and join the Roman Catholics in London; that he had gone to Norwich and met Canon Dalton, the priest at St. John Maddermarket Roman Catholic chapel, to whom he had shown a watch belonging to a school-fellow; that Canon Dalton had advanced him six shillings, and recommended him to take the watch to Beha, for the purpose of raising sufficient money to pay the balance of his railway fare to London; and that he was preparing to start for town when he was detained by the police. Canon Dalton declared that he had not seen the lad prior to his coming to St. John Maddermarket. The matter was adjourned for further inquiry, and on the 11th Canon Dalton, Jacob Beha, Matthew Beha, and Thomas Foulsham were required to attend before the magistrates, when the proceedings were deferred until the 18th, the persons named protesting against the course adopted by the Bench, and urging that no charge had at present been preferred against them. Another adjournment took place until the 25th, when Mr. Serjeant Ballantine appeared for the prosecution, and preferred a charge of conspiracy against Canon Dalton and the Behas. The boy Vansittart gave evidence, and, in cross-examination by Mr. Woollett, counsel for the defence, admitted that he had told "a tissue of lies," and that the main points of his story were entirely invented by himself. The magistrates dismissed the case, but expressed the opinion that the conduct of Canon Dalton was exceedingly reprehensible in not advising the lad to return to his father.

18.--Died at his residence, at Thorpe, General Sir Robert J. Harvey, C.B., K.T.S., Knight Commander of the Order of St. Bento d'Avis, F.R.S., F.A.S. Sir Robert, who was in his 75th year, saw much active service during his military career. He was present at the battles of the Douro and Busaco, the battle of Salamanca, the siege of Burgos, and at Vittoria, the Pyrenees (where he was wounded in the thigh by a musket shot), Nivelle, Nive, Orthes, and Toulouse. The long-protracted war having been brought to a close in 1815 by the crowning victory at Waterloo, on the anniversary of which he died, he returned to Norwich and became an acting partner in the bank of Harveys and Hudson, and was head of the firm at the time of his death. He was a magistrate and a Deputy Lieutenant of Norfolk, president of the Norwich Union Life Office and the Norwich Union Fire Insurance Society, chairman of the General Reversionary Interest Society in London, and founder of several other important institutions of a kindred character. In politics he was a Conservative, but took no prominent part in local affairs. Sir Robert married a daughter of Mr. Robert Harvey, of Walton, Suffolk, a distant relative, and was succeeded by his eldest son, Mr. R. J. H. Harvey. The will of the deceased was proved on February 21st, 1861, when the personalty was sworn under 350,000 pounds. "Mr. R. J. H. Harvey has purchased all his brother's (Mr. E. K. Harvey's) interest under the will, so that he is now in possession of the whole of the real and personal property of his late father, subject to Lady Harvey's life interest in the Mousehold estates and to the annuities named in the will."

19.--At a special meeting of the Norwich Town Council, it was agreed, "That the Lords of the Treasury having sanctioned the sale to the New Street Company of the property required by them belonging to the Corporation for the sum of 3,260 pounds, and having required to be informed of the purpose to which the Corporation propose to apply such purchase-money, this Council agrees, with the sanction of the Lords of the Treasury, to apply 2,000 pounds towards the making of the new street, which, on its completion, will be vested in the Corporation, and, the remaining 1,260 pounds towards the widening of the present approach to the Cattle Market by Rose Lane."

30.--The Channel Fleet, under the command of Admiral Sir C. Fremantle, K.C.B., arrived in Yarmouth Roads. Since the year 1814 no two ships of the line had been moored at the same time off Yarmouth. The fleet consisted of nine ships of the line, two frigates, a corvette, and a tender. The Mayor and Corporation of the borough waited upon the Admiral and invited the officers to a ball, but orders came for the fleet to sail early on the morning of July 2nd.

JULY.

9.--Mousehold Rifle Range was used for the first time by the Norwich Volunteers. The first prize-meeting took place on September 17th, when there were twelve competitors from the city and twenty-four from the county.

23.--The Donegal Militia left Yarmouth.

27.--At the Norfolk Assizes, before Chief Baron Pollock and a special jury, an action, Gillings _v._ Manders, was tried. The plaintiff was a carpenter at Yarmouth, and the defendant the proprietor of a travelling menagerie. One of the attractions of the show was the performance of a Zulu named Maccomo, who was styled a "Lion King," and fired off pistols and carbines in a cage containing half a dozen lions and lionesses. In a performance given at Yarmouth, Maccomo, instead of firing his pistol to the top of the cage, discharged it among the spectators, and the wad entering the plaintiff's eyes destroyed it. Muccomo said it was the result of an accident. One of his lions attacked him in a fit of temper, and the trigger, catching in the beast's mane, was prematurely discharged. The jury found for the plaintiff, damages 150 pounds.

31.--In the Norwich Episcopal Consistory Court, Mr. Chancellor Evans gave judgment in a protracted case, Archdeacon Bouverie _v._ the Rev. W. L. Barnes. The suit was instituted by the Archdeacon of Norfolk, against the rector of Knapton, for procurations for the years 1856-57-58-59. The plaintiff alleged, in his libels, that he was entitled to receive from the rector the sum of 7s. 7.5d., due at Michaelmas every year, by reason of his visiting, of his archidiaconal dignity, or by custom. Mr. Barnes required the Archdeacon to prove such parts of his case as were not admitted, and, further, he said that, supposing the case as stated in the libels were proved, the Archdeacon was not entitled to be paid his procurations for the years 1857-58-59, because he did not in those years hold a parochial visitation at Knapton. The Court decreed in favour of the Archdeacon, with costs, and Mr. Barnes gave notice that he should appeal against the judgment. No further proceedings, however, were taken.

AUGUST.

27.--Died at Hampstead Marshall, Newbury, Berks., the Right Hon. Louisa, Dowager Countess of Craven, aged 78. She was a daughter of Mr. John Brunton, manager of Norwich Theatre, and half a century before her death was a favourite actress upon the Norwich and the London stage. She married the Earl of Craven in 1807, and of the marriage there were three sons and a daughter.

28.--The first festival of the associated choirs belonging to the Norfolk and Suffolk Church Choral Association, established in October, 1859, was hold at Norwich Cathedral.

30.--Died at her residence in Kentish Town, aged 61, Elizabeth, widow of Frederick Yates, formerly of the Adelphi Theatre. She was a daughter of John Brunton, the younger, of Norwich and a niece of the Dowager Countess of Craven. She made her _debut_ at King's Lynn, in the character of Desdemona, and her first appearance in London at Covent Garden Theatre, on Sept. 12th, 1817, as Letitia Hardy. At Covent Garden she continued to play leading high comedy until 1824, when she married Mr. Frederick Yates, who died in 1842, leaving an only son, born in 1831. After the death of her husband, Mrs. Yates remained at the Adelphi with Mr. Webster, played for one season at the Lyceum with Madame Vestris, and finally retired from the stage in 1849.

SEPTEMBER.

17.--The Norfolk and Norwich Triennial Musical Festival commenced at St. Andrew's Hall, Norwich, with an evening performance of "The Creation." The morning performances were as follow: On the 19th, the "Dettingen Te Deum" and "The Last Judgment"; on the 20th, "Abraham" and "As the hart pants"; and on the 21st "The Messiah." Miscellaneous programmes were performed on the evenings of the 19th and 20th. The principal vocalists were Madame Clara Novello (her farewell appearance), Mdlle. Titiens (her first appearance), Madame Weiss, Miss Palmer, Madame Borghi Mamo (her first appearance), Mr. Sims Reeves, Signor Giulini, Mr. Willye Cooper, Mr. Santley, Mr. Weiss, Signor Belletti; solo pianoforte, Miss Arabella Goddard; leaders of the band, Mr. Sainton and Mr. H. Blagrove; solo violon-cello, Signor Piatti; organist, Mr. Harcourt; chorus master, Mr. J. F. Hill; conductor, Mr. Benedict. A "fancy dress ball" was announced for the evening of the 21st. "Only three individuals appeared in fancy dress--costumes which, from their quality, would have far more fitted a masquerade at the Baronial Hall than an elegant assembly like that of Friday evening. The wearers of them evidently felt ill at ease, and, after enduring the rather marked observation that they attracted for some time, were glad to call a fly and take their departure." The total receipts of the Festival amounted to 5,095 pounds 16s., and the disbursements to 4,179 pounds 12s. 1d.

18.--The Earl of Leicester, as Lord Lieutenant of Norfolk, and Major-General Wood, C.B., reviewed 1,200 Volunteers of the city and county on Mousehold Heath, Norwich.

20.--Prince Jerome Bonaparte, with his suite, consisting of an _aide-de-camp_ and six members of the French Ministry, visited Gressenhall Workhouse and made particular enquiries into the management of the institution.

28.--Died at Upper Harley Street, London, in his 85th year, Mr. Charles Lombe, of Great Melton. He was a son of Dr. Beevor, of Norwich, and succeeded to the entailed estate on the death of his nephew, Mr. Edward Lombe, son of the first Mr. Lombe. Mr. Charles Lombe was succeeded by Mr. Edward Evans, eldest son of Mr. T. B. Evans, formerly of Norwich. (_See_ November 10th.)

30.--The headquarters of the 10th Hussars, commanded by Lieut.-Col. Baker, arrived at the Cavalry Barracks, Norwich.

OCTOBER.

10.--Mr. and Mrs. Charles Kean gave a farewell performance at Norwich Theatre, prior to their departure for America. "One of the largest and most fashionable audiences which have ever assembled at the Theatre was brought together, at twice the ordinary playhouse prices in Norwich." Mr. Kean appeared as Sir Walter Amyott, and Mrs. Kean as Lady Amyott, in "The Wife's Secret." On the 13th they performed in "Louis XI.," and afterwards appeared at Yarmouth Theatre.

10.--An inquest was held at the Bethlehem Hospital, London, on the body of Anthony Abel, a criminal lunatic, who had been removed from Norwich after being acquitted of a charge of murder on the ground of insanity. He had been an inmate of the establishment since June 18th, 1817. When 25 years of age he was indicted for the murder of his uncle near Thetford. "For many years he was considered so violent and dangerous that he was confined in a strong room, and under the old _regime_ then in use in the establishment, he had a strong belt and gloves, and was put into irons."

22.--Mr. George Dawson lectured at the Free Library, Norwich, on "Pepys' Diary."

--Norwich Theatre was opened for a brief season by Mr. Charles Dillon and Miss Gomersal.

24.--Mr. Henry Villebois, master of the Norfolk Fox Hounds, was presented with his portrait, subscribed for by 400 gentlemen, "in appreciation of his untiring and successful efforts to promote field sports in the county of Norfolk." Lord Sondes presided at the dinner held at the Town Hall, Lynn, and presented the portrait, which was painted by F. Grant, R.A.

29.--At a meeting of the Norwich Town Council, the resignations of Aldermen Sir W. Foster and Gibson were accepted, and Mr. R. J. H. Harvey and Mr. Fred Brown were elected to fill the vacancies. "The abolition of political ascendancy in the Town Council has been accomplished by the general consent of the influential men of each party, and duplicate agreements have been signed by at least three-fourths of the Corporation. To the Mayor (Mr. J. H. Tillett) belongs the honour of having taken the initiative in this laudable effort."

NOVEMBER.

3.--A description was published of an iron lighthouse, completed by Messrs. Barnard, Bishop, and Barnards, of the Norfolk Iron Works, Norwich, for the Brazilian Government. It was designed by Messrs. Bramwell and Reynolds, of Westminster, for erection on the island of Abrolhos, on the coast of Brazil. Made in sections, it was temporarily erected by the riverside near St. George's Bridge. The tower was circular in form, and constructed of 144 iron plates. Its base was 17 ft. in diameter, it was 46 ft. in height, and the lantern at the summit was 16 ft. high.

--A fearful boiler explosion occurred on the steamship Tonning, off Yarmouth, by which eight persons were blown out of the vessel and never again seen, three subsequently died, and several were seriously injured. The Tonning was an iron vessel of 734 tons register, belonging originally to the North of Europe Steam Navigation Company, and was afterwards employed in the conveyance of cattle and passengers between England and the Continent.

9.--Mr. W. J. Utten Browne was elected Mayor, and Dr. Dalrymple appointed Sheriff of Norwich.

10.*--"The Queen has been pleased to grant unto Edward Evans, of Great Melton and of Bylaugh, clerk, her Royal licence and authority that he may, in compliance with a proviso contained in the will of his great uncle, Sir John Lombe, henceforth take and use the surname of Lombe only, and use and bear the arms of Lombe in lieu of his present surname and arms of Evans."

--*"Mr. George Allen, of St. Stephen's, has introduced to Norwich the manufacture of elastic cloth, a fine material which has hitherto only been made in the West of England."

17.--During a strong gale from the N.N.W., several vessels lying off Yarmouth parted from their anchors and were driven ashore and wrecked. Several lives were lost.

DECEMBER.

1.--A gunpowder explosion occurred at the shop of Mr. Marrison, gun maker, Little Orford Street, Norwich. The entire shop front was wrecked, as also was that of the adjoining shop, occupied by Mr. Frankland, photographer and dealer in art materials. Two lives were lost. Mrs. Dady, sister of Mr. Frankland, was sitting in a room over Mr. Marrison's shop, and was dashed by the force of the explosion to the ceiling. She fell through the chasm in the floor to the burning ruins beneath, where she was fearfully injured. Charles Hill, a shop boy in the employment of Mr. Marrison, was killed outright, and terribly mangled. The force of the explosion shattered the windows of the Bell Hotel and of other houses in the vicinity. At the Norwich Assizes on March 26th, 1861, before Chief Baron Pollock, Mr. Marrison brought an action against the London Union Fire Office, for the recovery of 300 pounds under a policy of insurance on his stock and furniture. The plaintiff had been offered and had refused 100 pounds in settlement of the claim. The company then proved that the plaintiff had kept more gunpowder on his premises than was allowed by the terms of his contract, whereupon the judge ordered a non-suit.