Star. — London, England, 1823-06-04 00:00:00

tiort reTecting the miiapplication of public money b ' the Corporation of Dnblin Mr. GOULBURN said, the question to which the eight on. Gentleman alluded was about to become the subject of legal inquiry and adjudication. SHIPWRIGHTS. Mr. SYKES presented a Petition from certain Mer chants and Ship owners of the Port of Hull, com plaining of certain grievances and losses to which a har bad been subjected by the existing laws relative t o smuggling. The persons who had signed this Peti tion were merchants, and men possessing property to an a mount exceeding 1:500,000, and the evil of which t h e y complained was, that their property had been s pited and confiscated by the Customs upon a plea o f their ships having contraband goods on board, al though they were wholly ignorant of the circurn owe, and, perhaps, at a distance of some hundreds o f miles at the time such smugling transaction on hoard the vessels took place. l'he Hon. Gentleman s:ited several cases in which vessels had been seized i n consequence of some individual having. unknown to the Master, conveyed a small quantity of contra band goods on board. He particularly called the at minion of the House and of his Majesty's Govern ment to this circumstance. Mr. HERRIES was not aware of any cases of abuse having occurred under this system, and if any suc h existed—if any individual had had his vessel seized unjustly, he would, on application to the Trea sury, h av e obtained the release of the vessel, on prov ing the injustice which he had suffered. The subject, however, should be attended to. Mr. BRIGHT complained much of the system at present pursued, as vexatious in the extreme. He was aware that, on application to the Treasury, a man might get his vessel restored ; but it would not be until he had paid a considerable sum, and incur red considerable trouble and anxiety. This system placed the commerce of the kingd om completely at the mercy of the Excise. Mr. CURWEN would support the Petition, upon facts which had come within his own knowledge. General GASCOYNE strongly condemned the present system, and called on the Government to put an end to it. After a few words from Mr. Svtics, the Petition was received, and ordered to be printed. INSOLVENT DEBTORS. Mr. BRIGHT wi tied to know from the Honour. able Solicitoi -General, whether he intended to bring in any measure for amending the Law relating to In solvent Debtors ? The Session was rapidly advancing, and the country was extremely anxious en the subject. The SOLICITOR-GENERAL said, it was his in tention, on Fi 'clay next, to bring in a Bill to amend the present Insolvent Debtors' Act. SPITALVELD3 WEAVERS. Mr. F. BUXTON moved that the Silk Weavers of Spitalfields should, on Monday next, be heard at the bar, by ti eir Counsel, against the Silk Bill now be fore the House.—Ordered. LABouncr.s IN THE ENE-YARDS. Mr. HUME presented a Petition from the La bourers in the Dock-yards, complaining of the low rate of wages which they were at present receiving. The Honourable Gentleman hoped the House would look at this Petition with attention, as by the hard ships which these individuals were subjected to, many of them were forced to leave their country and settle oat of the kingdom, taking with them the knowledge' of their art into the service of those who might after wards become the enemies of their country. Sir B. MARTIN said he should be happy to give this Petition his lona serious attention. Mr. LITTLETON said, the Honourable Member for Aberdeen had a notice of motion standing for to day on the subject of the Laws at present existing re specting Artizans quitting the kingdom. He would put it to the Hon. Member to say, whether, at this advanced period of the Session, it would not be de sirable to postponehismotion till the next Session ? General GtiSCOYNE was also in favour of the ' question being postponed till next Session. Mr. HUSKISSON also recommended to the Hon. Member to postpone his motion for the present. He vas not hostile to the object which the Honourable Member had in view . ; on the contrary, he was friendly to it, for he considered the laws in question as being la general inoperhtive, and in some cases unjust. After a few words from Sir G. Coatatiaw, the Pe tition MU received, and ordered to be printed. HUME then said, that after what had fallen from the Right Hon. Gentlemen opposite, and other Nom Gentlemen, he should not press his motion re lative to ai tizans to night, but would withdraw it till next Session. /RILAND. Mr. BROUGHAM said he had a notice standing for Tuesday 'elating to the Administration of Justice in Ireland ; he wished now to postpone that notice to Wednesday. The Hon. Member then presented Petition from Sligo, complaining that a provision had been introduced into a certain Bill on an entirely dif fcrentiubject ; a cl tuse interfering with their right of fishing, and praying to have the Act amended : the clause in question gave to an individual an ex clusive right of fishing on both sides the river, for five miles, in a part where he had not a single foot of property,The Petition was received. SCOTTISH PIIBSS• fir. ABERCROMBY rose to bring forward his promised Motion respecting the conduct of the Lord Advocate of Scotland. He was highly gratified that the time had now arrived when he would be enabled to redeem the pledge he had given the House, and to afford the Learned Lord opposite an opportunity which he must so much desire to vindicate his own conduct. He was the more gratified at being thus enabled, because every day, since he had brought the subject forward last Sessiou,had given him increased otitidence in his cause, and because he had been, he /night say officially, calumniated in Scotland for the part he had taken in the transactions to which his motion would refer. Some explanation might, per flaps, be expected of him for having delayed so long to bring this subject forward; this delay had arisen from the press et business, which had obliged him to postpone his notice from time to time; and it was not tdl to-i.iht he had been able to bring it on. The time wax now, however, arrived, at which he could bring Mr. Borthwick's case forward, and call for the ittd Bment of tilt: House upon it. In the considera tion of this he could not but believe that he should be able to make cut tt case of great personal and wouta state the lam; of the CAW; • •• —Borthwick - and a person- named Alexander had been partners in a Newspaper published. in Glas• gow, At a gt u n h d . e s r om th et e h t i i a d g e aof T sehe Glasgow Sentinel.- -, ' his partn er Alexander to determine i nduced heiri)a partnership him ner s a h n i account ; and Alexander entered into an engagement to purchase Borthwick's share of the property, which he was to pay for by bills payable at a certain time, and if such bills were not paid on arriving at matu rity, then Mr. Borthwick was to have possession his property again. Alexander, in short, did not keep his engagements, and Borthwick, the Magistrates Of Glasgow having decided in his favour, again took possession of his property. The decision of the Mal gistrates in Borthw ick's favour was made on the 14th of February, and he might have proceeded immedi ately to have taken possession of bis property,.but he did not do so. He instructed his agent to give notice to Alexander, that unless his demand was settled, he must proceed to take possession of his property again, under this decree of the Magistrates ; still Alexander would come to no terms. Borthwick on the Ist of March resumed his property, and took away the key, of the desk. Alexander made no complaint of this; procedure, but went to Hamilton, and procured Borthwick to be arrested on the 2d of March, and he', remained so till the 10th of March. He then went to resume possession with the advice of two attornies.. He went at eight in the morning with the key that he had taken with him. As the lock could not be opened he sent for a smith, but in the meantime found a key that opened the lock. That had taken place in broad day in the streets of Glasgow, and' had not the smallest appearance of a theft. He took away such papers as he thought proper; and , then made a complaint to the Magistrates of Glasgow that he had been obstructed in executing their decrees.— Borthwick was arrested by Alexander on a charge of theft ; but being brought before the Magistrates of Glasgow, was immediately discharged, and without bail. It was clear that Borthwick had not been com mitted, and he soon after went to Edinburgh. On the lith of March all the proceedings had been laid before Mr. Hope, the Deput Advocate, who had been apprised of the proceedings at Glasgow. The Learned Gentleman had either not enquired into the proceedings, or must have thought that Borthwick was still a fit subject fur prosecution. If he had not enquired into the circumstances of the case, it was an instance of unjustifiable neglect on the part of the Learned Depute. Mr. Hope had been of opinion that the case should be further proceeded in, observing, that should the evidence point to others beside Borth wick, then it would be more relevant. The meaning of this last expression h e was una bl e to compre h en d. On the 29th of March other papers were laid before Mr. Hope, who observed that Borthwick must not be allowed to escape, and that he wished the case to be pressed on as much as possible to be"tried at the Circuit. On the ht of April more papers were laid before Mr. Hope. He (Mr. Abercromby) conceived that the Lord Advocate was the only person who was responsible to Parliament, as the Advocates Depute were re movable at the pleasure of the Learned Lord.— He was aware that many things had been done by Mr. Hope in the absence of the Learned Lord ; but it appeared that all the proceedings of Mr. Hope had been approved by the Lord Advocate, and against him he had shaped hisanotion. On the 3d of April Borthwick had been arrested at Dundee. The cir cumstances of that arrest he had stated last Session, and they all had been verified. On the 4th he had been committed to the Jail of Edinburgh. Bail was refused by Mr. Hope; and he was also refused any communication with his Counsel and Agents till he had been previously examined. The day of trial was fixed for the 24th of April, when Mr. Hope deserted the diet, and offered to allow him to go at large on bail, which Borthwick declined, and was recom mitted. After this the prosecution was conducted by Alexander alone, and all the previous information was sent to the Agent of Alexander. He would ask the Learned Lord if he had ordered Borthwick to be discharged after be had abandoned the prosecu tion ? The fact was, that Borthwick had remained in prison from the 4th of May till the 4th of June, an entire month after the prosecution had been abandoned. On the 25th of May, Borthwick had been served with notice of trial at the instance of Alexander, on the same day notice of trial had been served on Mr. Stewart, for his concern in the unfortunate duel, which originated from one of the libels inserted in the Beacon. On the 10th of June Mr. Stewart had been acquitted, and forty-eight Hours after Borthwick was discharged. Thus, after a charge of felony had for months been suspended over the head of this man, hi had been discharged without trial and without exa mination. There was no doubt that the document that led to the unfortunate duel had come through the hands of Borthwick, and in the minds of those who conducted the proceedings in the case of Borth wick and Stewart, it appeared that the closest cond nection was believed to exist between those two cases; for the moment that Stewart had been acquitted, Borthwick had been discharged. The case of the rioters at Dublin shrunk into nothing when compared with the case of Borthwick. The - Hon. Gentleman concluded by moving a Resolution, that the conduct of the Lord Advocate, in the case of W. M. Borth wick, had been unjust and oppressive. The LORD ADVOCATE stated, that he had been most anxious that all the Papers cot meted with the case should be laid before the House. The present case had been before the House last Session, and had been brought forward in a manner of which he must always complain; as he had been taken wholly by surprize. He might have told the House, that be bad always disapproved of the prcisecution, and that by his mean it had been ultimately stopped. But that line of conduct he did not conceive to be ha nourable—(Hear ' hear)—and but for the avowal of his Honourable Depute, that difference of opinion should have ever remained a secret for him. Thit circumstance bethought might have led to a different line of conduct on the part of the Honourable Mem". ber ; as it was absurd to accuse two men of a con spiracy against the liberty of the subject, whose VW tirnents had been directly opposite. He must state, that powers were ascribed to bis office, which never belonged to it. The Lord Advocate was only the Public Picisecutor, and was a Juitice of Peace in, every County of dcotland. Magistrates were in the' habit of consulting the Lord Advocate;- but were, in no case, bound to adhere to his opinion. It was not till the year 1587, that the Lord Advocate was empowered to act as a public prosecueor, and -,- •II .410 • 'still a ptivtte priNeentei had all the fiiho of A* Lord Advocate. The Latareed Lord here mined into a statement of the detiesuf the Advocate Des putes ; observing that with thstraductof Alexander he bad nothins to do. The case had come before Mr. Hope in the course of his 'official duty. The Magistrates had ordered the papers to be produced, and the answer of Bothwick had been, that they were in the bands of his agent. The fact turned out to be, that they had all, been taken by Mr. Stewart in his car riage to Edinburgh. Upon the Procurator Fiscal being applied to for the recovery of thepapers. he thought itihis dutylto consult . Mr. Hope. The Learned Lord then went on to sinew, that Borthwick had broken open the desks in the office withont any authority, and had delivered the papers to Mr. Stewart. A considerable time before the duel of Mr. Stewart with Sir A. Boswell, Mr. Hope had, given a distinct qpinion, that the conduct of Borthwick called for the animadversion of the public prosecutor. BUtthwick had been liberated, in consequence of a gloss false-• hood, on a Sunday, it having been stated that he' was summoned as a witness on a trial on Monday. At the time the office was broken into, there bad only been a boy of twelve years old there. The locks had been picked, and an attempt made to open the safe. The whole had been previously ar ranged by several persons, some of them of the pro fession of the law ; and a debt of fifty pounds,.for which Borthwick was then in jail, had been paid, that he might get possession o f these papers.— He (thb Lord Advocate) contended, that Alexander was the sole owner, and that, consequently, the ab straction of the papers constitute 4 the crime of theft. It had been by his own ex press ditiie that Borthwick had been taken to Edinburgh; and the moment he left the carriage the handcuffs had been taken off. He was confident, that the House would agree, that Mr. Hope had acted from a proper motive; and, as for himself, he had only to state, that he.had disap proved of the prosecution. In his time, there had been more trials for political crimes than in the time of any or of all his predecessors, and in every case the accused had either been convicted, or else had absconded. Whatever should be the decision of the House, he had, at least, the consolation to know that he had acted from the dictates of conscience alone (Hear). Mr. J. P. GRANT contended that the Learned Lord had gone far wide from the real question.— There was no power in the Lord. Advocate of Scot land to appoint, and he had no right to appoint, de-, puties to place any of his Majesty's Scotch subjects on their trial ; the Lord Advocate was bound to act as prosecutor in all cases. The Learned Lord was therefore wrong in speaking of his coadjutors as re sponsible with him. The House was bound to inter pose between the despotic acts of each Lord Advo., cate and the personal liberty of the Scotch people. The present case was such as required the interposi-' tion of the House. The Learned Lord was respon sible for all that had been done. The practice of Scotland did nut allow the Lord Advocate to have such deputies so empowered as the Learned Lord had contended for the Learned Lord was, therefore, in dividually responsible for all the acts of hisoffica. As soon as the Lord Advocate had. declared that theper son ought not to be tried, there was no law for keep ing that man in prison. Yet, in the present cae, a deputy had, against the decision of the Lord Advo cate, thought proper to keep the man in prison, and even to bring the man to trial. If any ether Gentle man had seen his responsibility so disregarded by his deputy, would he have been satisfied to act and to do nothing ? The House had no alternative but to visit the punishment on the really responsible agent. It was futile in the Learned Lord to endeavour to take a part of the guilt on himself, in order that both might escape; the House knew nothing of the deputies of the Learned Lord ; he alone was respon sible ; and the House ought to pronounce its decisioe on him alone.. There was no doubt of the improper application of the principles of Justice in that case, by the Law Officers of the Crowe in Scotland.— Was there one man who had read the evidence, who would say that there had been a theft committed, since it was evident that no man could steal froth himself ? Was a man who committed what could' not be called a trespass on his own property guilty of a felony ? Could a man steal from his partner ? A wife had been once charged in Scotland with having. stolen from her laubbaod ; but the case was instantly dismissed by Lord Gilles. 'The present case was more extraordinary. As soon as the Lord Advocate had become acquainted what the whole affair, had be given his decision that Borthwick ought to be conti nued in prison without blowing the whole of his ease ? There was nobody who could credit the charge of the felony—there was no lawyer in Scotland who would say that there had been a felony committed. Was the defence of-the Learned Lord, that there lqd been a mistake on the part of the Crown Agent, in supposing Borthwick confined on some other suit, to be accepted by the House as exculpatory of the gloss perversion pfjustice—of the flagrant injury which 1 been inflicted on Borthwick? If the Gentlemen England would not shew by their votes that they felt some ietirest in the state of Scotland, as its virtual Representatives, there was great dangerthat the li berties of Scotland would be impugned hereafter by this most fatal precedent. He regretted that he was ' compelled to use strong language towqrds the Learned Lord ; but he could never sanctiop the con dust of the Learned Lord. It was such As deserved the reprobation of every Member of the House who valued the date administration of justice, and be would, therefore, support the motion of his Hon. and Learned Friend. Mr. HOME DRUMMOND defended the conduct of the Lord Advocate, who, he said, had acted regu larly in delegating a portion of his power to his De puties. It would be utterly impossible for.any Lord Advocate so read over or inquire into all the precog nition which might be sent up to Edinburgh daily. He denied that there was any irregularity in the pro. ceedings against Borthwick. If there had. been any, why was not advantage taken of them at the time, for this person was not without legal advisers? He was never without five Lawyers at-his elbow—(A laugh).—The Hon. Member theu took a review of the case, and contended that Borthwick, when he again timit plssession of the premises, carried off pro perty that did not belong to him—property belong ing to Alexander—property which he had to more right to take than he would have in this country to enter the House of Commons, and knock him (Nh. breaske4 doeivenit tae his #stch tut of Ci pocket—(Hear li hear). Mr. ICENNEbt tornmetittld in strong tetrrs oti the course adopted in this prosecutioa.--ifts-particst lady adverted to • what had been said by the last speaker, with respect td florthwick having com mitted a theft. The Honourable Gentleman had en: deavoured to bring such a charge itgainst Born wick ; but if he had been guilty of such ah offence, how happened it tbat the Lord Advocate had not pro secuted him for that offence? Lord BINNING defended the Lord Adirocato.- The proceedings in this case were tegular, a c c o rdi ng to the Scotch law. He was not no w ca ll e d nn i n say whether Borthviick had been guilty of a felony or not; but certainly there was nothing very ab-urd in entertaining an opictioa that it was a felony. His Right Honourable and Learned Ftiend had in this case, he was convinced, acted consticlitionsly ; and even supposing that he had been guilty of an error in judgment, would the House, for a simple error in judgment, visit his Right Honourable add Learned Friend sVith a censure so severe as that contained in the motion of the Honourable Member for Ittoff. After a few words from Mr. M. A. ! AYLOR, in sup' port of the motion_Mfr.-Anancaoraav replied. The Gallery was then cleared for a division. For the Motion 96—Against it 102—Majority 6i Mr. GOULBUR NI obtained leave to bring in a Bill to MAO compensation to certain Officers of Courts of Justice in Ireland, for Offices abolished. Lord FOLKESTONE postponed his motion, for the adjusts tent of Contracts, to Thursday the 12th inst. The Irish Customs Duties Bill went through a Committee.—. Report on Thursday (to-morrow). The other Orders of the Day were then disposed of and the House adjourned at Half-past One o'Clock. COURT OF ALDERMEN.—A Court of Aldermen was held yesterday at Guildhall. The Ccurt agreed with a Report from a Committee, recommending measures to be taken for opening the old communication be tween the Thames and Medway, by means of 'Vaunt. let Creek. The I..nRD MAYOR proposed the following persons to be put in nomination to the Livery on Mid stimMer-Day, for Sheriffs of London and Middlesex : William Flower, Esq. Citizen and Fishmonger. John Turner, E sq. Citizen and Gold and Silver Wire-drawer. George Whittaker, Citizon and Stationer. Charles Frederic Johnson, Citizen and Mercer. Robert Makepeace, Citizen and Goldsmith. John Addinal, Citizen and Patten-maker. hates Davies, Citizen and Cordwalner. Randle Hopley, Citizen and Vintner. Peter Laurie, Citizen and Saddler. BRUTAL °lnn AGe.—Andrew, Jame:, and William Kilbride have been committed to Kilmainham, from the Head Office of Pete, to abide their trial at the ensuing Commission, c,' a charge of having feloni ously attacked the dwelling-house of John tL'Keon, farmer, at the hill of Saggard, on the morning of the 26th ult. and with having violently assaulV him `and his wife; James Kilbride was also commilted on a charge of having feloniously violated the person of ' Hannah M'Keon, the wife of John Al•Ketin ; and An drew Kilbride, on a charge of having aided and abetted James Kilbride in violating the person of Hannah M'Keon. On the 27th ult. John ill'Keen arrived at the Head Office of Police, on a car, in a weak exhausted state, and in consequence of some in formation which he thew gave, Peace-officer Flanagan, with a party of the horsepolice, was immediately sent out to the neighbourhood of Saggard, where they took into custody the-above prisoners, who are brjthers, and lodged them in the Head Office of Police. The fol lowing are the alleged facti of the case :—.:Ors Monday, shortly before day-break, a number-ft' men came to the house of Edward M'Keon, which is situated about a quarter of a mile from John MOKtort's, on the hill of Saggard, whilst he (Edward M'Keoo) was in bed. They threatened to set fire to the house if he would not open the door; he was in bed at the time, and having no means of protecting himself, he opened the door, when several entered: they forced hint to dress himself, and conducted him to the house of a man named Andrew*Devitt, having first tied a handker chief overhis eyes. They then made him cell out for Andrew Devitt, and on Deyitt't asking who wit, there, they desired him to reply,' 4 .. 1 4 ed M'Keon p" on ti.e door being opened, they' took out an oid woman, named Bridget M'Keon, and having a blanket round Edward M'Keon's Waist, they put Bridget M'Keon into it, and ordered him to carry her to his brother's house. Ou arriving at John .11•Keou's, they compelled him to call out to let in hi ? mother, Bridget. She had previously gone to lth2srltesilotise,to prOcaesi a sum of money, which she had devisitertin Arehart& of Ellen Devitt, the mother of,Andrew Devitt... Oa hearing Edward M'Keon's voice, Jolla - 111•Kea opened the door, and instantly several persons rush into the house, and struck him (John ll.Keort) a; fire-arms and sticks, and knocked hits dbvitv; they then beat and abused him in the most cruel manner. M'Keon, disabled from the beating, lay down on the bed, at the foot of which his wife lay with two in lents, when J. Kilbride, after a struggle with her for a considerable time, in the presence of M'Keon, who . was unable to assist her, tbeeeedeitin effecting his diabolical purpoie. The party Were armed with guns, blunderbusses, and Ovals, and were so numerous that they filled the house and barn. He can assign no rea son for this outrage, except that he prosecuted a man named Quin for having killed his (Nl'Keon's) cow. Tie wrath of these monster could scarcely be satisfied with less than the lives of the whole family ; they accord. ingly heaped hay and straw 'Ton the fire, and having scattered the burning embers over the thatch, so as to make their vengeance secure, they departed, one of the gang first stating to the family that he had come forty miles to visit them. Hannah McKeon at tended at the Head Office, and identified James Kil bride as the person who forcibly violated her; the also stated that William Kilbride was present, and that a man whom she did not know held her whilst James Kilbride committed the crime. She had an infant at her breast in the Police Office: she appears to be about thirty-two years of age,. and •is a well looking wornan.—lrish Paper. Two thousand lasts of Rye are shipping from Da nt zic, and an equal quantity from Elbing an) Koning, s berg for Holland. •This Rye is from the ROitl Ma gaCees, and f said to have been sold to speculators who consign it to Holland. A Geutleman enquiring of it,issbesmaa at 1 . 1 ., : „ ja , from what pail a pile of shpts came whiA were laid down .in the harbour, forilie purpose of being pulverised and convertedinto Iterna# cement way gravely tald that all s them were cbigkt at a very short distance from town ! _~