The Press. — London, England, 1855-11-24 00:00:00

NOVEMBER 24, 1855. If the attempt had been made by an adequate force, it seems to us that the people might have been moved with. out resorting to the use of staves, and a line might have been formed and kept at a suitable distance from the rail ; but the attempts made with inadequate force produced much of the violence which cannot be justified. It might indeed be difficult to know, before the experiment was made, how far it would be practicable to remove and keep back the crowd from the rail; but prudence required that this ex periment should have been abandoned immediately the collisions attending it were percived. In conclusion, a censure is passed upon the con duct of Superintendent Hughes : - - - On a review of all the facts in evidence, we think that Superintendent Hughes, in endeavouring to discharge • difficult and embarrassing duty, gave too much sanction to the use of the staves, and exercised less control over his men, than a due regard for the safety of nnoffending indi viduals required. We believe that, by a more calm and forbearing course on his part, much angry excitement at the time, and complaints afterwards, would have been avoided. Of the conduct of the police in Park-street, the commissioners consider that " a discreditable exer cise of violence" was then maintained; that the refusal of Sir Richard Mayne to take bail was justifi able according to the act; that the complaints of the prisoners of the state of the cells in Vine-street were fully borne out by the disgusting state of those cells, and the insufficient measures taken by Sir Richard Mayne to afford relief to the prisoners. The commissioners report especially against four policemen of the A division, one of the D and one of the C divisions, for unnecessary violence, and on the whole come to a conclusion generally favorable to the police : After full inquiry into the complaints submitted to our consideration, we have deemed it our duty to report mis conduct on the part of various members of the police—a result the more to be regretted on account of the high cha racter of that body; but if excesses were shown to have been committed by some, ample testimony was also borne to the moderation and forbearance of other members of the same body on the same occasion, and, whatever blame may attach to individuals, that accidents were prevented in the park, and property in that vicinity protected from damage. When the events of the day are properly appreciated, we think they will not be found to afford any just ground for lessening the confidence of the public—a confidence founded on the experience of six and twenty years—in the general g )od conduct and efficiency of the metropolitan police. Upon this report Sir George Grey has addressed a letter to Sir Richard Mayne. The Home Secre tary first deals with the conduct of Superintendent Hughes:— After taking into account all the circumstances as de tailed by the commissioners, and after considering the long service of Superintendent Hughes in the force, and the general approval with which lie had during such ser vice discharged duties requiring great judgment and dis cretion, Sir George Grey is of opinion that, while it is ne cessary to mark with censure the conduct which the com missioners have thought justly liable to blame, his dis missal from his office would be harsh and uncalled for. You will convey to him the disapproval of the Secre tary of State of his want of forbearance and judgment on this occasion, and enjoin upon him, in the strongest terms, the necessity of maintaining perfect self-control in the performance of his highly-responsible duties, and of checking, both by his example and his orders, any unne cessary violence on the part of those under his command. With iegard to the conduct of the six policemen especially reported against, the Chief Commissioner is desired to award such punishment to three of them, by suspension or dismissal, as each case may call for, but the other three cases are deemed deserving of heavier punishment: — In the three cases, however, of Gearing, Bewley, and Madgett, the acts of violence deposed to before the com missioners appear to have been so gross and unprovoked, that if they are satisfactorily proved, the mere dismissal from the force would be an inadequate punishment for the offence; and as the description of the witnesses against them renders it probable that the same evidence which was given before the commissioners will be available on a trial, Sir George Grey thinks it right that an indictment should be preferred against each of these men. The attention of Sir Richard Mayne is specially called to the state of the cells in Vine-street, but Sir George Grey adds that from late communications he is convinced that no such mismanagement will in future occur. Sir George in conclusion insists on the necessity of the police using great discretion in the discharge of their duties : The police will receive the full support of the Govern• went in the execution of the important duties they have to perform, but those duti es can only be usefully or efficiently performed by a cautions abstinence from . any abuse of power, and from all acts which, if not strictly illegal, indicate a want of the temper and discretion which are peculiarly requisite in persons charged with the preservation of the public peace, and which Sir G. Grey is happy to know generally characterise the metropolitan police. THE BOMBARDMENT OF ODES°A, according to the Sebastopol correspondent of the Times, was resolutely opposed by "the highest person in France," when the allied fleets were recently off Odessa, and instruc tions were asked by the admirals of their respective Governments• THE PRESS. Xitiv aub Volta. CAN A CLERGYMAN MARRY HIMSELF? is the title given to a suit in the Law Courts of Dublin. In November, 1831, the Rev. John S. S. Beamish, of Cork, went to the house of a woman named Anne Lewis, in the city of Cork, and there performed a ceremony of marriage between himself and a lady named Isabella Frazer. The marriage was celebrated after the ceremonial prescribed in the Book of Com mon Prayer, the Rev. J. S. S. Beamish declaring that be took Isabella Frazer to be his wife, Isabella Frazer declaring that she took the Rev. J. S. S. Bea mish to be ber wedded husband, he then placing the ring on her finger, and concluding by pronouncing a blessing according to the form appointed in the Book of Common Prayer. No person was present at the celebration of the marriage save the contracting parties, but the ceremony was witnessed from a yard adjoining the room in which it took place by a woman named Catherine Coffey, who, however, could not hear what passed. On the death of Mr. Beamish, the succession of his son by this marriage to his fa ther's property was disputed by the next heir, on the ground of the invalidity of the marriage. At the full Court of Queen's Bench, on the 16th instant, Judge Crampton delivered the unanimous judgment of the court. As the marriage was performed by a clergyman in holy orders its validity must be afiirined, though the ceremony was clandestine and irregular, and some parts of the service, especially the re sponses, were strained, by the celebrant being himself the bridegroom. The judgment of the court, there fore, was that the son of Mr. Beamish was legitimate. IN THE CASE OF MR. WILLIAM HENRY BARBER, the Court of Queen's Bench, on Wednesday last, made the rule absolute in his favour, directing his certificate to be issued forthwith. The decision appears to have given great satisfaction in West minster-hall. The friends of Mr. Barber, and especially the newspaper press advocating his cause, have reason to congratulate themselves on the ulti mate attainment of a result long since anticipated by public opinion. The length of time the case has been before the public—the various legal arguments upon it having given rise for editoral comment in upwards of one hundred London and provincial newspapers, the law journals and legal press in cluded—the unanimous expression (without, we believe, a single dissentientvoice) being a declaration of belief in the justness of Mr. Barber's cause, and of his right to complete social and professional restitution. MERCHANT SEAMEN, engaged in the transport of Government stores to the seat of war, if wrecked and taken prisoners by the enemy, cannot claim compensation from the Government, according to the decision of Mr. Yardley, at the Thames Police-court, on Tuesday last. It appeared from the case in point that three seamen of the Culloden, a hired transport vessel, lost off Balaklava in the gale of the 14th Noven.ber, 1854, had been captured by the Rus sians, and, at the recent exchange of prisoners at Odessa, had only then obtained their liberty, and having lost wages and clothes, they were desirous of preferring a claim against the Government for compensation. Mr. Yardley, in reply, stated as his opinion that, as the men were not in the service of the Government, but in the employ of the owner of the ship, and had been aware previous to the ship sailing that they were bound to the seat of war, he considered the capture of the men under the circum stances as " the fortune of war," and that, therefore, they could hold no legal claim against the Govern ment for compensation. Whether her Majesty's Government, continued Mr. Yardley, would think it right to compensate the mariners for their long detention in Russia was another matter. The seamen thanked the magistrate and retired. They said they were well treated by the Russian authorities as pri soners of war, but the long travelling was bad, and the "holy Russians," as they were paraded through the country, occasional], insulted and ill-used them. A CASE OF ILL•TREATMENT OF A WIFE, as brutal as any lately made public, was proved on Tuesday against Samuel King, a dock labourer, at the Thames l'olice-court. It appeared from the evidence of the complainant that for two years since her marriage her life had been one of continued ill-treatment, that her husband has been fined on one occasion and imprisoned for a month on another for ill-using her, and each time on returning home he commenced a more brutal system of ill-treatment than previously. For the last eight weeks, out of good earnings from his business, he had allowed her but 345. for the maintenance of herself and two children, while he spent the remainder in drunkenness and debauchery. On Monday, her children being nearly starved, she went in search of her husband, and, on finding him at Mile-end and entreating him to come home, he beat her about the head and body with his clenched fists, and knocked her down, with the baby in her arms. He then ran away, but soon afterwards re turned to the publichouse, struck her a severe blow on the side with his fist, and got away again. He returned a third time, and beat her again about the lamb ant( Offtatts. 1127 head and body, Übe rendered her insensible. The fact of the assault being corroborated by the evidence of several witnesses, Mr. Ingham said this was the fifth time the prisoner had appeared before the court for ill-usage to his unfortunate wife. The prisoner was a most worthless brutal ruffian, and, for the assault he had committed on his wife, he should sentence him to be imprisoned and kept to hard labour for six calendar months. Tun Guiding Star, emigrant-ship, which took her departure from Liverpool for Melbourne on the 9th of January last, with five hundred souls on board, is supposed to be totally lost. She was spoken on the 9th of February by the Boston barque, Kate, in lat. HIM S., long. 38.48 W., showing that her passage up to that date had been rapid. Since that time no thing has been heard of the ship, and it is supposed that she must have encountered some terrific weather and have foundered. She was commanded by Cap tain M'Clelland, an experienced and skilful navigator. THE MURDER OF MR. STIRLING IN DURHAM still causes immense excitement in the north. The reward of 8001. has been increased to 5001., and the most vigilant search is being followed up by the police. At the inquest held on Wednesday nothing beyond the finding of the body, and the fact that cries were heard immediately after the discharge of a gun by some labourers in an adjoining field, was proved in evidence. The investigation was adjourned till the 4th of December. The unfortunate gentle man had just previous to his murder obtained his appointment as assistant surgeon to the Turkish Contingent. ALICE GREY, the Wolverhampton impostor, made an attempt at self-destruction on Saturday last. The female turnkeys were attracted to ber cell by a noise at the door, upon opening which they found the prisoner apparently in a partial state of suffocation, produced by the smoke of straw which was burning in the cell. It. was then found that the prisoner had unsewed the pillow-case and taken out the straw, which she had set fire to by moans of the gaslight in the cell. Whether she was partially stupitied with the smoke, and fell against the door, or whether, be ing alarmed at the position in which she had placed herself, she endeavoured sto obtain assistance by making a noise, does not appear. She sustained no serious injury, and is now more closely watched. THE GABE or• DR. FRANCK does not even yet appear to be satisfactorily cleared up. In the face of the assertion of Dr. Arnold huge that no symptoms of strangulation were visible on the body of the boy, the Brighton Herald of this week asserts that "the body of the young man bore on it palpable external marks of strangulation. These were remarked by the jury on their viewing the body, and were pointed to them by the coroner. The face was also livid ; the knees were drawn up under the bedclothes. All these facts left no chlubt on the minds of the jury that the young man died by strangulation." I •A•P • • 1127 and body, till be rendered her insensible. The f the assault being corroborated by the evidence feral witnesses, Mr. Ingham said this was the ime the prisoner had appeared before the court 1-usage to his unfortunate wife. The prisoner I most worthless brutal ruffian, and, for the Lit he had committed on his wife, he should nce him to be imprisoned and kept to hard tr for six calendar months. ltaents ant( Offences. 1E Guiding Star, emigrant-ship, which took her rture from Liverpool for Melbourne on the 9th musty last, with five hundred souls on board, pposed to be totally lost. She was spoken on /th of February by the Boston barque, Kate, in 16.0 S., long. 38.48 W., showing that her passage o that date had been rapid. Since that time no- g has been heard of the ship, and it is supposed she must have encountered some terrific weather have foundered. She was commanded by Cap- M'Clelland, an experienced and skilful navigator. HE MURDER OF MR. STIRLING IN DURHAM Stilt ;es immense excitement in the north. The ird of 300/. has been increased to 5001., and the t vigilant search is being followed up by the De. At the inquest held on Wednesday nothing and the finding of the body, and the fact that a were heard immediately after the discharge of a by some labourers in an adjoining field, was red in evidence. The investigation was adjourned the 4th of December. The unfortunate gentle- r had just previous to his murder obtained his ointment as assistant surgeon to the Turkish itingent. LICE GREY, the Wolverhampton impostor, made attempt at self-destruction on Saturday last. The 'ale turnkeys were attracted to ber cell by a noise the door, upon opening which they found the toner apparently in a partial state of suffocation, duced by the smoke of straw which was burning the cell. It was then found that the prisoner had sewed the pillow-case and taken out the straw, kb she had set fire to by moans of the gaslight in t cell. Whether she was partially stupitied with smoke, and fell against the door, or whether, be- ; alarmed at the position in which she had placed Nell, she endeavoured sto obtain assistance by 'king a noise, does not appear. She sustained no ious injury, and is now more closely watched. THE CASE OF DR. FRANCK does not even yet appear be satisfactorily cleared up. In the face of the tertion of Dr. Arnold Huge that no symptoms of •angulation were visible on the body of the boy, the ighton Herald of this week asserts that "the body the young man bore on it palpable external marks strangulation. These were remarked by the jury their viewing the body, and were pointed to them the coroner. The face was also livid ; the knees re drawn up under the bedclothes. All these :ts left no doubt on the minds of the jury that the ung man died by strangulation.' artlant. THE LORD PRIMATE BERESFORD has convoked the •elates of Ireland to meet in Dublin, on the 29th st., to consider the question of the Church Disci.. ine Bill, about to be submitted to Parliament. THE RIGHT HON. JOHN WILSON FITZPATRICK has Den appointed LordlLieutenant and Custos Rotu- mum of the Queen's County, in succession to the de Lord De Vesci. Mr. Fitzpatrick is an old and bedfast supporter of the Whig party. THE INHABITANTS OF CORK are much enraged at a ommunication lately received from the Admiralty, reply to their request that a portion of the Baltic ,eet might be allowed to winter at Cove. Sir Charles Mood replied to the Mayor as follows Admiralty, Nov. 10. Sir,—l have received your letter of the 14th inst., and • , ou must see, upon reflection, that the stations of her Majesty's ships must be determined by the demands of the iervice, and that it would not be consistent with my duty xi give any assurance that vessels would be stetioned at my port merely on the request of the inhabitants of the neighbourhood.-1 am, sir, your obedient servant, The Mayor of Cork. C 'WILES 1W001). This brief reply appears to have created an extra- ordinary amount of indignation : With a sense of shame (writes the local papers) at the degraded position of our country, and the supvlialit pos- ture which our highest and best citizens are compelled to assume in all communications with the English Govern• men*, we direct attention to the curt, almost insol-nt, letter of Sir Charles Wood in answer to the memorial respecting the wintering of the Baltic fleet in Cork • harbour. . • THE ALLEGED CASE OF BIBLE•BURNING in the Roman Catholic chapel at Kingstown has excited so much indignation among the Protestant community that the Attorney-General for Ireland has directed the immediate prosecution of all parties who there is ground for supposing took part in the disgraceful outrage. . 41t , _ . • ..•..• artlant. THE LORD PRIMATE BERESFORD has convoked the prelates of Ireland to meet in Dublin, on the 29th inst., to consider the question of the Church Disci. pline Bill, about to be submitted to Parliament. THE RIGHT HON. JOHN WILSON FITZPATRICK has been appointed LordlLieutenant and Castes Rota lorum of the Queen's County, in succession to the late Lord De Vesci. Mr. Fitzpatrick is an old and stedfast supporter of the Whig party. THE INHABITANTS OF CORK are much enraged at a communication lately received from the Admiralty, in reply to their request that a portion of the Baltic fleet might be allowed to winter at Cove. Sir Charles Wood replied to the Mayor as follows Admiralty, Nov. 10. Sir,—l have received your letter of the 14th inst., and you must see, upon reflection, that the stations of her Majesty's ships must be determined by the demands of the service, and that it would not be consistent with my duty to give any assurance that vessels would be stationed at any port merely on the request of the inhabitants of the neighbourhood.-1 am, sir, your obedient servant, The Mayor of Cork. CHARLES W 001). This brief reply appears to have created an extra ordinary amount of indignation : With a sense of shame (writes the local papers) at the degrades! position of our country, and the supeltaiit pos ture which our highest and best citizens are compelled to assume in all communications with the English Govern men), we direct attention to the curt, almost insol-nt, letter of Sir Charles Wood in answer to the memorial respecting the wintering of the Baltic fleet in Cork harbour THE ALLEGED CASE OF BIBT.E•BUBNING in the Roman Catholic chapel at Kingstown has excited so much indignation among the Protestant community that the Attorney-General for Ireland has directed the immediate prosecution of all parties who there is ground for supposing took part in the disgraceful outrage.