The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-12 00:00:00

[ I I. • • did biPdefondt, I would havelhoriPh as sure as you had been a men." This lltde antidote Showed the disposition of the defend. ant, and in some measure exulairted the vexatious conduct he bad pursued towards the•tilsintflT thinnest! the whole affair. He should now call witnesses to prove the cue as stated, and he should then expect at the hands of else Jury such damages as would 0 4 com pensattedur ' Was injury lie had suffered. adir Ns. Liaserm, attorney in the cans, was called to prove OW the midis was given of the plaintiff's intention to presitutii '... •• 3 ` . ' . • The nodes was road, when it appeared to be addressed to the . lifiat AIMS ali Lipeltanab, wise was not joined in the present Ilkeift;ae ' r ' Stir oelliet;ll9l99, that as the notice was of an action to beMirajjt sjellat firm and the declaration being only against AORK4KVISW Alla "'' • ' 111 Awbtaietme mid Its had been engaged in a case where a sisellawslesediwwas alms, and it was ruled by the Court to be of lutt li ladlUit Cla re J'utrtek took a invent the objection. IPS. Sega wee eparnined by kir. Ptarr.—His evidence was% walesedretisce deo facts, as stated by the Learned Counsel in his elielideg addrate.' • Ilikcettetwww. it eimaantemlntrig this witness. endeavoured to Aids bass him jiiitautatanees to show that the fishing smack, the Viebami, was is iset alanuggling Teasel, but the witness, although heads*** than were such fish as tabs in his part of the country, • and titer tit WWI very well what blackede men wete, and that •: delinilletrws• la Gob fee tube, yet he positively denied that any spiels Mae en beard the smack at the time it was boarded by the mimics Metter. Mi. OcrititY then addressed the Jury on behalf of the defen dant:nib did not mean to contend that the plaintiff was not in 'this elleltaeatidata to their verdict ; but the question was, what da. inuttflakailte sustained. It was clear from the evidence that there was tiodojory done to the plaintiff—no ill-usage towards him—but, :Iklr4efteary, every consideration had been paid to his feelings with that line of conduct which the defendant considered Athlete*, ea it happened, in this instance. erroneously considered) to ' betbisiitey. The circumstances in which the smack had been hest were certainly very suspicious. Here was a small fishing_ meek, which required only a crew of about three men to do all the necessary duty for which she was intended, found by a revenue Meer at sea, with eight men on board—her net, after being out three days, not only dry, but, to all appearance, never haying been used, and with not a single fish on board. Now these facts were suf ficient to excite a:very strong suspicion, and it seemed that this suspi cion had been entertained of her by the officer of the revenue at Rye, thrit cop tender his authority that the defendant had acted. Well, the. delkndant, in purtuaree of that authority, goes on board of her, and .etches her, but instead of letting her go petition' so soon as he :Swig to have done, he detains her and her crew from seven o'clock In the morning of the 29th to nine the next morning. This certainly waa no long time to be detained under Stith circumstances, and could not call for heavy damages, especially when it was recollected that no less than eight different actions had been brought aggsin this defendant for the same offence; for it seemed that Me. Langham was the Attorney-General round that part of the cost, and the ex-officio protector of all fishing smacks against the assaults of revenue cutters. No sooner, therefore, had this said smack', the Diamond, escaped from the short durance in which she had been held, than away went every one of her much-injured crew to this Mr. Attorney-General, and out flew eight writs all at once upon the back of his poor client. The Jury would remember that theeosts of all these actions must fall on the defendant: they would therefore, in awarding the damages, take this very material fact into their consideration, and he was sure, under all the - circumstances, nominal damages would fully meet the Justice of the case. La bdupserr. in anointing up. said, that it had been admit ted that the plaintiff was entitled to their verdict. and the only quest. tion was. what was the amount of the damages they ought to give. It most not be forgotten, that no less than nine actions had been brought for this one case. It was but fair that those who had so Uiticult a dose to perform as the persons appointed to carry the Re. venue Laws into effect, should have everg,hberal construction afforded to their conduct, but still this was not in screen them from thoconeeenences of a clear breach of the law. They would consider their verdict, and give such temperate damages as would meet the ...tiatice of the case. The Jury commlted together about fire minutes, and found a verdict for the plaintiff.—Damages 51.—Costs 40s. WILLIAMS v. RCIWL AND. This was an action, grounded on the Statute of Ann, to recover certain penalties incurred by the defendant, for a corrupt contract mat by him in transacting a loan with one Mr. Coates, by which he received usurious interest on the sum of 9001. Mr. COMMON SERGEANT, Mr. Poctock, and Mr. HOLT, were for the plaintiff; and Mr. Sc./inter v for the defendant. Mr. COMMON Snitor ans. lusted the ease to the Jury. This was an action brought on a very salutary Statute, passed in the reign of Queen Ann, which imposes a penalty on those who extort from needy men a greater rate of interest on any money they might heed lent them than 5 per cent. t and if he was instructed tightly, ono case could more strongly call for the application of this law than the one he was about to state to them. Mr. Coates was a mercer and draper living in St. Martin's-lane, Westminster ; the defendant was a tailor, and a monied man, as the circumstances he wan shoat to mention would show, and he lived in street, near the Haymarket. In the month of January, 1821, Mr. Comes was involved, and was obliged to borrow money. He accordingly applied to the defendant, who he thought WAS then his friend, to lend him 1,0001. This be promised to do upon being secured. Sir. Coates had another friend, a Mr. Savage, whom he got to Araw on him two bills, one payable the 29th April, for 5001. and the other payable on the 29th July, for another 500 L These bills having been accepted by Mr. Coates, he took them to Mr. Rowland's, the defendant, who said that as they were for such ion ' dates, be in. wit have 21 per cent. more than the usual interest. ^ This was agreed to. and in a day or two after, being the 25th January, Mr. Castes called again on the defer.dant for the cash, but instead of receiving the amount previously agreed upon, the defendant now said he would only give him 5001. Mr. Coates being in urgent eircum ate-Rees, took a check for this sum. On the 29 th April the first bill became due, and was paid ; on the 29th July the second bill bed.ame due, but was not paid. The defendant soon after appliad to Mr.-Coates for the money, when it not being convenient for him to raise it, it was arranged that the defendant should take another bill to be drawn by Mr. Savage on a Mr. Burns. of Aruntiel. street, Bryanatonessquare, for 3561. 55., to be payable on the 31st October.'lB2l, and the remainder should be paid in cash. Ac cnedingly, Mr. Savage gave his check for 1431. 15a., and drew a bill on Burns for 3.561. 55., which redeemed the second bill for 5001.,end included the interest thereon from the 29th Jan. to the 31st Oct On the 31st Oct. this bill was duly paidd, and then it was that the .offence charged against the defendant was completed. He shbuld call witnesses to establish these facts, without entering into sot comments on the nature of the offence, that having been so clearly defined, and the punishment for it fully provided by the Statute he had already mentioned. Wm. Coates examined by Mr. PoLLoex—He had known the defendant many years, and had had several transactions in business with him. Applied to him in January, 1821, to discount him two bills; the hills were to be drawn afterwards. Witness told him be coidd get the hills drawn by a gentleman in the city, and defendant sell that he should have no objection to discount them on certain conditions ; the conditions were not at that time mentioned. In consequence of this , witness procured two hills to be drawn upon himself, by his friend Mr. Savage. He took the bills to the de fendant, who, on observing their dates, said, be must have some thing morethan the usual interest--. 24 percent. more. Witness did not give him the bills then, but took them to hint on the 25th, when defendant gave him ( witness) a check for 9001.; but a third person being present, nothing besides passed bet seen him and the de :ell:lent cot that occasion. The check was cashed on the same day ; he did not remember thr date of the check, but he received it on the 256 of January: it was drawn on Messrs. Hopkinson, bankers, Ragent-street. Wtnsaa frequently asked defendant for more money tor the bills, but he never received any more ; defendant always sating that he had already given too much. The first bill was ram the day it became due—the second was not; he PAW the defsplant, and told him he could not pay it, who said lie must have the moneir on the Sd August. Witness made an arrangement with the defendant to take another bill, to be drawn by Savage on Bums, foe 3151 sa. payable 31st Oct. 1821, and the remainder in cash. T11141:111 was sent to defendant with a check for the balance. The chatle was drawn on Ransom and Co. bankers, Pall-mall. The till w'. payable at Peter, Pole, and Co.'s, bankers, Barthelo mCs.lane. The Loan Curer JUSTICE observed, that the last payment writ in Middlesex. and supposing that had not been pant how , would it have appeared that any usurious interest had been taken by the - defendant ? Mt. POLLOCK said, that the second bill having been paid and satisfied, partly by a bill to be paid in future, and by a check pre sently, the contract which was necessary to constitute the offence WeLorm plcte. Me LOnnante replied, that Ni that Mr. Pollock most put his stlatitient. that if any part of the 5001. had been paid, the offence wee commi t ted ; but the question was, did the payment in part forth a part of the usurious payment, or only a part of the principal ttek22 Mt: SaARLITT contended that the whole sum, principal and itterest, must be paid before the action could be brought for usury. ilia,Losinsute-- 80 I think for there is the tempos penitentice 4 andunlifill his been paid, the defendant may see his error, and correCt i The Cosestow SERGEANT argued, that if any part of the money:7_lj* paid in London, it would be sufficient to give a London Jill jurisdiction over the ease. . liir.' Eibp9 Levi' repeated his observation, and said that two, thfriftwire necessary to forma case of usury —the corrupt contract, azette usurious taking of the money ; and as it had been decided that, the paypent of the principal debt did not form any part of the ca.* so here, inasmuch as the whole debt had not been paid in Lawton, that part of it which had been so paid might be considered as pmerf the principal, .and therefore not sufficient to constitute a grdtsbd of action before i London Jury. Lou bait r r said, he would not insist on the objection, tope d Ty& is he had interpceed,and not Mr. Welt, but the defendant An• fi base to move for a nonauit upon the point. Xt. Scall.S.VrT then proceeded to crosa.examine the witness. Witneas slid not employ the attorney to bring this action, nor was ha awve-that Mr. frlaig, another attorney, had been applied to. n s did;tort apply to Mr. Mayhew, of Chancery-lane, to bring this aceies• Witness had arranged, but not compounded with Ins cre diting C he-was to pay them abs. in the pound, and interest; and had pidel .11,0001. out of 15.0401., the amount of his debts. Wit. namhad never told any of hitereditors that thusult of this action would enable him "'make better terms with Had had very long accounts with the defendant before this action was brought. At bed never said he would do for Mr. Rowlands by bringing this 'Hien ; had never advanced Ilaig any money to commence it for him. [Here a letter, purporting to be written by witness to Mr. Hai g , indosing copies of his accounts with defendant, was handed to hint. He admitted the letter to be in his hand-writing, but denied any knowledge of the accounts.] Have you never said it was Mr. Rowlands' interest to settle with you, as you could make this usury or not as you thought fit ? Never. Did you never say it was in your power to put the 9901. to an account current, or to make a separate transaction of is as you thought proper ?—Never. Witness knows Mr. Morose Nl'ood Rowlands, the defendant's nephew. Did you never Pay that this action and the one brought by Haig were brought to make the defendant settle accounts with you ? Witness hesitated. The question was repeated. Witness-1 may have said it was to force him to settle the ac counts. %rime's had shown the accounts to Williams, the present plain tiff, who said, " Isbell serve him out for this, for what be intended to do for me ?" Did you never say to Thomas W. Rowlands, upon his putting a question to you on the subject—" Nonsense ; if they put me in the witness box, I can make it appear what I like" ?—No, Sir. 1 will ask you again, said Mr. Scarlett, and the question was repeated, but the witness gave no answer. Did you never say to the same person, that you had been to several sutting lawyers to de his uncle up ?—Certainly not. Did you not tell him that you knew your trustees were afraid of him, and that they had asked you to employ Mr. Hodson, who was a clever cutting fellow ?—Never. Did you never say to him, if Rowland behaved handsome, I will do the same to him, for I can make it usury or not, as I please ? Certainly not. Did you never point out to Mr. T. W. Rowland, Mr. Hodson, the attorney, on your own premises, and say to him, the' is the tickler ?—I never did. The cross-examination of this witness was continued in this man ner for some time longer, when 3lr. SCABLETT interrogated him on certain accounts that had been passed between him and the defendant, upon which the witness in some instances equivocated, and in others seemed much at a loss to answer. He admitted that he altered the date of a bill of exchange from the 25th to the 26th, but denied that he altered the check of defendant for the 9001. from the 26th to the 24th. lie also admitted that he snatched away an account from Mr. T. W. Rowland which he had delivered to him, and had kept possession of it ever since. Mr. Savage was examined, whose testimony went only to the facts spoken to in the former part of Coates's evidence. Mr. ScaatErr then addressed the Jury for the defendant. Be was prevented by the personal inconvenience he should sustain in raising his voice to the extent the case deserved. The Jury would be greatly surprised when he stated to them, that he had, in Coates's own handwriting, calculations of 5 per cent. on the 9001. in question ; that he had documents to show that Mr. Rowland, the ' defendant, was not able to pay more than the 000/. at the time Coates applied to him for the money ; tbat he had accounts in his isesseuion made out between the plaintiff and the defendant, where the 900!. was admitted as an item of the account, and one for 1.0001. The Loan CHIET Jt'STlCE—Would it not be better to show the documents to the Learned Gentlemen on the other side? Mr. ScAa LETT handed them to 11r. Common Sergeant, but they were not deemed satisfactory. The Loan CHIEF JUIITICI—The. difficulty In this case is, that the witness has proved a corrupt contract for 71i per cent., and then a payment of WO/. on 1,0001., which is not at the rate of per cent., but considerably more. Mr. Common . SERGEANT, after consulting with his junior Counsel, admitted that he felt the difficulty, and that die plaintiff was put outolCourt, and must be nonsuited. The plaintiff was accordingly noosuited. MIDDLESEX SESSIONS, JAN. 11. THE XING v. WINSLOW, GENT. The defendant, an attorney, was charged with conspiring with another attorney, named Ilallyday, to defraud Meier& Kent and Avory, jewellers in Bond-street, of property to the amount of 2811. The case was partly gone into on Monday, and was resumed yes terday. The Jury mimed a verdict of Guilty ; and The Cilia aDIAN sentenced the prisoner to six months imprison ment in .Newgate. SURREY GENERAL. QUARTER SESSIONS. Yesterday, at half•past twelve o'clock, the Magistrates, preceded by the Chairman, Mr. Seriven, took their seats on the Bench. The attendance was very numerous : amongst the Magistrates we noticed the High Sheriff, Sir T. Turton, Mr. Holnte Sumner, Mr. Pares, Mr. Brlsene, Mr. Moberly, &c. The usual routine business having been gone through, and the proclamation against vice and immorality being read, The Cum n MAN proceeded to charge the Grand Jnry, and con. gratulated them on the state of the calendar, which was as light as could b- expected. If any case of difficulty should occur to them, he would give them his best assistance, although he regretted ho could not do so with as great a measure of ability as his able pre. decessor. However, the Jury had often discharged a duty like that they were now called upon to perform, and he hoped they would condone to discharge it with credit to themselves and benefit to their country. A resolution was agreed to, having for its object the better im. provement of the roads generally in the county of Surrey., and to amend the instructions given on this subject to the different High Constables. A Committee was appointed to carry this Into effect. PRISON INSTRUCTION. Sir T. TURTON, in the absence of Mr. Dennison, postponed his motion relative to the classification and instruction of prisoners. The Honourable Baronet observed, that, as long as the present regulations prevailed—as long as persons were kept at hard-work from morning till night, it was in vain to expect that they would, after such labour, devote other hours to instruction. No man could honestly expect so much. . Mr. It. JACKSON thought, that if all persons under sixteen years of age wire allowed two hours for instruction in the middle of the day, peat good would be effected by it. Sir T..TuRTOX—One of the rules of your prisons was, that in. struction was to be given, and yet another regulation was to keep the prisoners at work from morning till night. He thought the whole of the rules and regulations linperiously demanded revision. Mr. Teowta could not deny that there were difficulties on the subject, but that If the matter were referred to a Committee they might he obviated. The t'nene of the PLACE—The 41st rule approved by the Judges directs that instruction should he afforded to the prisoners. The Visiting Magistrates were bound to see the rule attended to. 31r. R. JACKSON said, it would lie very desirable to afford in. struction, but where persons were old, it was a question if they should have labour remitted to theta during such a period. The number of young prisoners was less than that of the old. Ile had received a late return from the gaoler at Brixton. in which he found that out of 44 persons. It; males and 13 females could read. Alnch must depend on the Visiting Nlagistrates, and he must hear them say they could not provide for this instruction before he agreed to any Committee on this subject. Out of 170 adults committed, he also found that 29 could read, and 70 could read and write, and the number of committals of yang persona was, he was gl ad to say, tooth less than was anticipated. Mr. Tit T T a moved that it be recommended to the Visiting Msgistraten to attend to the rule for the instruction of the children, and to report thereon to this Court. Sir l'uos. Tuexox asked Mr. Green what were the working hoots ? Yrom six in the morning until six at night, with the exception of half an hour for meals, and half an hour twice a week for church. Have you any discretion ou this subject ? I do not think I have. Mr. H. Suitors:a—Before we go further, I with to ask If pri. stoners are to have schoolmasters and mistresses? Mr. Tnowen—We should try some experiment to aid the im provement, particularly of juvenile offenders. Mr. H o LIKE SUMNER—Why here are two clauses in the teeth of each other. I remember the discussion in the Committee and we thought labour better than reading and writing. Education pro. perly pursued was a great blessing ; but this mere reading and writing education only taught men to forge, and commit every spe cies or offence. Ile said this publicly, because he bad given the subject great attention. Mr. Da TIM wow n thought that coercive morality was idle In the extreme, and he defied the history of mankind to show where peo ple could be punished into instruction. Moral duties could not be incoleated.in any such manner. Mr. H. JACKAON said, that the legislature could not be blamed, for they had expressly' provided for the moral instruction of all pri soners confined In houses of correction. s. Mr. liaiscoe vas glad that the Hon. Member for the County (Mr. Sumner), was friendly to the mural instruction of the people. Ignore:ice was a fruitful source of crime, and therefore education idcould be attended to. It was an imperative duty to see that the Visiting Magistrates should carry into erect the objects of the legis lature. . . . . Mr. H. SUMNER had no objection to the motion. The matter was referred to the discretion of the Magistrates, and in the exer cise of that discretion, he had limited instruction to the Sunday. Mr. BRISCOE wished to know if it was intended by the motion to have instruction given on other days ? Mr. TROTTER—Certainly. Mr. Daussitosp--Tbe btagistrates do net think Sunday enough. Mr. So SITIEW—I think it is, and that work for six days is better than this instruction. Sir T. Ts, RTON contended that moral instruction, from day to day, would effect the greatest possible good, even though the pri- MIPICTS remain in the prison for a month or a week. The Visiting Magistrates had preferred work, so said the Hon. Member; but it would be for the Court to decide whether his discrimination was • sound one. Let any effort be made to instruct and improve the prisoners, and no doubt society would be mainly benefited. He wished that the Visiting Magistrates should be requested to revise their decision relative to the instruction of the prisoners, and to re port their opinion to this Court. General THOUNTOM said, that the Act of Parliament was im perative on the subject. Ih. PALMER .was extremely glad of this discussion, fur if Ste difficulties alluded to were exiting t. , ,, i; might lead to some mta sure for improving the Act of the hlature, and conferring a blessing on the sontottunate. I:Le question must soon be settled es THE I to whether crime is to be retresed 4 sy oorpoeal punishment or by mental improvement. But till that period, every Wort should be made to instruct the prisoners in our various prisons. The Motion of Sir T. Turton was then put and carried. The Report of the Brixton Committee was next read g it repre sented the good mile and health of the prison, sad noticed, that on last Chriatmas.day the Sacrament was administered, but that, although 1 persons wished to take it , yet on examination only ten persons were found qualified to do so. It also added, that t he Chaplain had been absent on eight occasions. The Chaplain begged leave to say, that his place had been sup plied by a gentleman who was approved on a former occasion by the Visiting Magistrates. Mr. 11. Su sr:en—The Visiting Magistrates must be applied to on every occasion. The Chaplain said he did not consider the Act went so far, 1113 there were many occasions in which it might be impossible to con sult them. SU T. 'fußTOX—These general observations are no excuse for this noo-attenclance. The Rev. Mr. COURTZXAT thought the Diocesan, and not the Magistrates, had cognizance of neglect on the part of the Chaplain. Sir T. TURTON—The Chaplain has not voluntarily offended, and I am sure the matter had better end here. The Surgeon attending the Brixton Prison reported, that there was no instance of bodily injury occurring to any one at the tread. wheel, and that very few persons had lost weight or strength at that labour. At four o'clock the Grand JUry returned with several bills found sod several ignored. Mr. H. SUMNER—Feeling that we owe some obligation to OUT Chairman ad interim, I think we cannot do lest than give him the thanks of this Court, for his able conduct while discharging the duties of that arduous situation. The motion was seconded. Mr. Dec DIMOND said, that connected with this subject he had a few observations to offer. Every one knew how much of the duty cast upon the Magistrates arose in this neighbourhood, and he therefore wished that the Stipendiary Magistrate should confine his labours to the Sessions, and adjournment of Sessions, held at New ington. MAPEILY here rear to order. and contended that a subject of such importance should be preceded by a notice. If discussion ensued upon this, other business fixed for to-day must be deferred. Mr. DRUMMOND observed, I am in the judgments of the Court, and I shall yield to their wishes. Sir T. TUBTON said, that Court could not, with any propriety, enter upon such a subject without some previous notice. NVhat, was the Chairman to be freed from all responsibility to the county ? Mr. PALK E a (to order) contended that it was competent to any Gentleman to bring forward a motion without this formal notice. The proposed Resolutions could be read by his Honourable Friend (Mr. Drummond) as part of his speech, whatever the practice might be elsewhere. Mr. TROTTER was clearly of opinion that Gentlemen who had given notices of motion should have the precedence. Sir T. TURTOW—I think it very unfair that gentlemen who have already given notices upon a fixed subject should be not heard first, and be jockeyed out of them, as they might be, if this practice were allowed. 31r. 11. Su sr xen —Matters of order should give way to matters of exigence. Our Chairman has told us, that though lie has at tended to day, he cannot pledge himself to attend another day, and therefore the emergency pressed so much as to call for a dispenss. tion of the usual rules of the Court. If something were not done, it must go over for another year. Mr. Ill•aeaLT—lf the matter presses, I have no objection to deter my motion ; but I insist that, as to the point of order, I am cm rect. Mr. Teosera said, that whatever might be yielded to courtesy, those who had given notices had a right of priority. Mr. Bniscoe.—l wish to consult the convenience of the Court, and shall yield to their wishes. Mr. Daum 310 ND then proceeded to move a series of Resolu tions, declaring the necessity of appointing a practising Barrister, of ten years standing, to the situation of Chairman—that his salary be 8001. a-year—that his nomination be in the Magistrates of the County, and that he only hold his situation van diet pent at gessetil. Sir T. TURTOW gave notice that he would on every occasion op pose a measure, which would in effect tend to the disgrace of the county. He could not approve of any one of these Resolutions. Mr. TaowEi rose to order. The Honourable Baronet has no right to enter into the discussion of the question. Sir T. TURTON— I have a right, and I will exercise it too. Mr. H. Susorta—l do not wish to enter into the discussion of the good or evil of the proposal. Sir T. To/TON—Then, why did you begin it? Mr. 11. Stilt Nl:lt—Let the resolution stand merely as a notice to be communicated to the Magistrates, and discussed on some fixed da klr. Deusexoxo assented, and the Resolutions were directed to be sent round to the different Magistrates as a notice. PRESS. PRISON REGULATIONS. Mr. M All F. LYin i;l;;OCll;;llihltinoicoii,oi;served, that at this late hour, he would not trespass on the time and patience of the Court. In consequence of the treatment of Mr. O'Callaghan; he inspected Ilorsemonger-lane prison, and found that misdemeanants were subjected to punishments which no man ought to be made to suffer for an accidental quarrel. The cells for such persons were damp, small, ill-contrived, and only calculated to engender disease. A prison should not be so constructed—it, in mates should at all events be kept warm, which could be effected at so very small an expense. He orly wished for inquiry , and should therefore move, that it be referred to a Committee to ascertain sand report to this Court, how far it is necessary and expedient to pro cure a due degree of heat in the different prisons of this county. Sir T. Twurow wished that the expense should be stated in the report. r. Ratscor.—Does this extend to the House of Correction ? Mr. 111 ADERLY—To all prisons. Mr. BRTlCOZ—Prisons generally? Mr. MARERLY—Yes. Mr. Tiowr. a—lf the prisons require heated air, let them hsve it ; buta prison should never be made a place of comfort. I wish not for cruelty, but no comfort. Sir T. Tuor ow—ll'hat, no comforts for persons sent to pri sons ? What, no comforts for persons as innocent as any one of yourselves I The law presumes all persons innocent until they are found guilty. And are we now to be told that the health of pri soners is not to be considered ? • Mr. 11. SUMNER and Mr. TaowEß here both rose. Sir T. Tuarow—As two gentlemen are on their legs, I shall sit down ; I am in no hurry. Mr. H. Striesza—l oppose the motion altogether. Where are the returns from the surgeons ; what do they say ? Why, that the health of the prisoners in the county gaol is better than that of the same number of persons not in prison. With respect to Mr. O'Callaghan, he had no great favour for him ; but he thought that a little severity was very wholesome in his case. All the proof offered to our notice is, that the health of the prisoners, as well as their diet, are both better than those of the same persons when pur suing their ordinary occupations out of prison. Mr. PoLotett coincided with the Hon. Gentleman (Mr. Mo berly) that the construction of the county prisons was calculated to injure the health of their unhappy inmates. He had filled the office of High Sheriff': he consequently visited the different pri sons, and lie found that they were damp, cold, and productive of disease. Mr. Moseitor..—l only wish for inquiry, and will the lion. Member fur Surrey say, that the health of the prisoners should not be considered by the Surrey Magistrates? What, no inquiry, no investigation? lam sure I shall 'netted. notwithstanding the op iron of the very humane Member for Surrey, Mr. Sumner. Mr. DRUMMOND supported the motion fur inquiry. Mr. H. SUPINE& contended, that the sick returns from the dif ferent prisons evidently showed that this motion was altogether un. necessary. Tha very size of the cells must keep the prisoners warm, in place of tending to produce damp or cold, Mr. BRISCOE thought that the motion should be carried, par. titularly as applied to the gaol of HoesemongerJane, which was built on a morass. . _ Mr. have no wish to extend inquiry, and shall be satisfied with its application to liorsemonger-lane. Let this but once take place, and I have no doubt that inquiry will be in stituted in every county in the kingdom. Mr. SPEER opposed the motion. He had been many years visitor of the gaol, and 'sever found that the prisoners ever suf. fend from the damp or cold of the cells. Upon this, as well as upon other grounds, he should most decidedly object to the coo, lion. • Mr. R. Jaeisoni was friendly to inquiry. The necessity for insroducing apparatus to draw off the foul air, showed that some thing was necessary in the way of inquiry. It could do no harm, and would tend to disabuse the public of certain opinions which they entertained on this subject. Mr. LETT said, that so many improvements had taken place in the improved system of drainage which is now going on in the neighbourhood of the gaol, that he considered nothing more was necessary. For Inquiry 10.1 Against it 14. filajority against the Motion 4. THE TREAD-AVHEEL. Mr. BRTSCOE said, that widely as he differed upon the general use of the tread-wheel with his brother Magistrates, lie felt the ground of difference would he now narrowed by his present motion. He wished to avoid any further hindrance to his plan, and there fore proposed to shape his motion in such a manner as to secure its success. Every nation pretending to civilization or Christianity had vied with each other, as to their treatment of women ; and perhaps mildness or cruelty towards the sew gave the strongest proofs of noble or ignoble minds. The character and consti tution of women, end particularly of those who formed the prison population, required the care and attention of this Court. In fact he had often felt that these unfortunate creatures were more fit to be received as the inmates of a Penitentiary, than to be subjected to the degrading punishment of the Tread-wheel. Often, too, when they were released from it, they had no metes of support, and were either obliged to submit to starvation, or pursue their former abandonedeourse of fife. To prove this lie could state. that the number of re-committals of such persons was as 9 to 1 above other prisoners; which shows that as a moral corrective it was of hide value. At the head of the last re-committals stood the name of Lydia Jor.cs, who had. been nine times com mitted to the treed-witeel ; and, as far as regarded her, he thought tket the wannest admirers of that punishment could not say it produced a moral effect. However, she was not entirely Inas; a plus of refuge was established by his lion. Friend (Mr. Druniniondi she was placed there fbr some months, and ' lefttlt with every promise of reformatioo. Such a fact evinced the necessity of giving encouragement to similar establish ments. At this late hour (nearly six o'clock), he would occupy but little of their time ; but there was one thing to which he would call their attention, and that was, that his opinion upon the punishment of the tread-wheel. as improperly applied to women. was fully borne out by that of the great body of the ma. gistracy throughout the kingdom. In twenty-four houses of cor rection, where the tread-wheel was used as a punishment for men, it was disused Rr women. And from the Fifth Report of the Committee on Prison Discipline it appeared, that it was so dis used at Reading, Cambridge, Koutsford, Rodmin, Chelmsford, Gloucester. Hertford, Lancaster. Louth, Southwell, Stafford, Ipswich, Lewes, Warwick, Wakefield, and other places. At Ipswich its disuse deserved particular notice, as the originator of the tread-wheel resided there—as there its operation must be con sidered more complete than elsewhere—and as there women were not put to work it. The Committee on Prison Discipline also favoured his view of the subject, and they objected to the em ployment of women on the tread-wheel, while so many other employments congenial to female habits could be resorted to. The Irish Committee on Prison Discipline entertained similar sen timents, and they added that they generally found the mildest treatment of a female prisoner produce the 11110AIdesirable results. Residevall these authorities, he had another of great weight—an authority to which he was sure this Court would readily bow assent. He meant the recorded opinion of their late able and lamented Chair. man, 51r. Harrison. in his examination before a Committee of the House of Lords. l/e there said, that the male prisoners should grind their own corn, and do all they could by means of manual labour ; but that lie thought it best for the females to be employed upon the plan of that gifted and philanthropic lady, Ales. Fry. In consequence of acting on that plan, the re-commitals were reduced at least 40 per cent., and surely it would not be too much to say, after inch gratifying results, that this Court would be justified in attempting to introduce a similar system. He had already stated he would not occupy their attention for any length of time, and he would perform his promise. Ile could easily cite more authorities, and urge other topics of argument ; but he would not now do so, as he trusted he hail made out a sufficient case to call for the ap. I prove! of the Court, and ensure the success of his motion. Those who approved of the punishment of the tread-wheel for male et. fenders, might, without any inconsistency, vote for the motion ; and as fathers and husbands must have a feeling for the sex, he en. treated them to accede to it. Humanity and mercy alike prompted such a course ; for no one could deny how much we all owe to women, to whom all were under obligation, from the cradle to the grave. The worthy Alagistmete concluded by moving, that all females be exempted from the punishment of the tread-wheel in the diffe.ent prisons in this county" Mr. 11. Sumgait said that the feelings which dictated theme. tion were creditable to the worthy Magistrate who brought forward this subject ; but after the subject had been so often discussed, and motions like the present had been so often negatived, it was a little hardy again to urge them on those very persons who had before so decidedly expressed their opinions. The diminution of re-cam. metals since the use of the tread-wheel had been above 200 per cent., a fact which spoke volumes as to its utility. He had for merly seen 90 women at work upon it, and now the average num ber was not more than 20 or 25. He admired the plan of tars. Pry, but Mrs. Frye were not to be had every day. (Laughter.) He really meant no joker he admired Mrs. Fry, he was astonished at her real and her success ; but without such a lady as the stimu lus, the plan would not have succeeded. The opinion of Mr. Harrison was alluded to, but it should be remembered, that at the time it was given there were no tread-wheels. (Hear, hear.) There was no indelicacy in the punishment, as the women were not exposed to the view of the men ; and he could add. that he heard one of the physicians say, in point of its exercise, that if gentlemen had a wheel at home, their wives and daughters would not thrive the worse for if. (Loud laughter). On every ground he must op pose the motion. Sir T. TI:117 ow observed, he would not have seconded the tion, if it were the same as that which was before negatived by this Court. The question formerly wanes to the utility of such a mode of punishment, and lie could honestly say, that neither ingenuity nor humanity ever invented a better. (Hear, hear, hear.) On the wheel, men were taught that honesty was the best policy, and that they must not lead lives of violence, fraud, and crime. The fear of such a punishment materially checked vagrancy ; but with all its merit, he thought it an improper punishment as used towards wo men. Rut the women now made a joke of it ; they ascended dressed in fine ribbons, and with gaiety, at least the more abandoned did so, and the example on the less contaminated mnst prove injurious in the extreme. With respect to the opinion of Mr. Harrison, it had been said that he gave it before the existence of the tread wheel ; but whether that were so or not, he (Sir T. Turton) was quite sure he would have given the same opinion had he nct mixed so much with those red-hot admirers of the punishment, of :which they were so pre-eminently the humane and merciful advocates. He hoped the worthy mover would be satisfied to have it referred to a Committee, and to that course of proceeding he saw no just or valid objection. - - - I Mr. Amcor said he would willingly accede to the proposition of the Hon. Baronet. The Rev. SIT. COURTEWRT said, that no proof of injury had been offered to females from this mode of punishment, and he should therefore oppose the motion. The opinion of Ale. Harris son had been given before the introduction of the tread-wheel, and generally he thought the lion. Mover had dealt candidly by this Court, in again bringing forward the subject. The case of Eliza Shepherd had, on a former occasion, been much dwelt on, and he now called upon the lion. Mover to admit that he had been im posed upon as to that transaction, and that he had unwittingly im posed on others. The account of that transaction, reported in a Sunday Paper, was a libel upon the Magistracy for the county of Surrey. The tread-mill punished the mini rather than the body, and he was of opinion that it was a very excellent moral corrective. For these reasons he should oppose the motion. It required some nerve to speak one's mind on this subject but it was on the score of humanity as well as morality that be wished the continuance of this mode of punishment. Mr. CHAMBERS admitted the punishment was severe; but it was calculated on that account to prevent persons from wishing to try it a second time. The exercise of the wheel promoted health end strength, and those who lost any thing. only loot their gin and gross fat, and well it was that they did. One growing girl gained 16Ibs.—how much of this arose (min her growth, and how much from the exercise, he would not undertake to say. Ile had no ob- jection to a qualified motion ; but this was so extended that he felt himself obliged to oppose it. The motion was then put_ For it - . - 41 Against it . . . 12 The Court then adjourned at half-past six o'clock. DREADFUL CATASTROPHE IN WHITECHAPEL. On Monday morning, between nine and ten o'clock, the greatest confusion prevailed, In consequence of the inhabitants in the im mediate neighbourhood of Ale. Major Rohde's sugar-house, in llooper's-square, Rosemary-lane, Whitechapel, experiencing • most severe shock, as if caused by an earthquake. It was soon found that the shock was produced by the explosion of a quantity of hydrogen gas, or foul air, that was confined in one of the stead boilers on Mr. Rohde's premises, in consequence of a lightial can dle, and that an unfortunate young man, named 1l m. I.aidon, had been blown almost to atoms. Information of the unfortunate circumstance was instantly lent to Mr. Linwin, the Coroner, and an inquest was held on the same evening on the body, at the White Hart, llooper's-square, when the tesumonv of the following witnesses was taken by the Coroner: James !'Murdoch, an engineer employed at Mr. Rohde's su gar-house, deposed that on Monday morning, between nine and , teat o'clock, the deceased and another man, employed in the re. finery, were ordered to clean out an extensive tank or steam boiler, which hail been emptied out on Saturday. The deceased, while preparing to enter the boiler by the man hole, or opening on the top, held a lighted candle in his hand, and in consequence of a quantity of hydrogen gas being confined in the boiler, it ignited by the introduction of the candle, and in an instant the whole explod ed, and the deceased was blown up • height of at least 80 feet, and fell lifeless to the ground. Such was the violence of the explosion, that had the boiler been inside the building, the whole would have inevitably been reduced to ruins, but it was fixed in the yard. NFit ness never recollected an accident of the kind happening before, though the boilets were cleaned out every month. There was some water remained in the boiler at the time, but it did not seem to be impregnated. In answer to aquestion from a Juror, witness said that there was no person appointed expressly to clean out the boilers ; all the men in the yard did it in their turns. Juror—From your experience as an engineer, do you think that if the precaution of cleaning the boilers oftener had been taken, the accumulation of foul air would be sufficient to cause an explosion ? Witness said that he supposed so; but the same precaution being used on the present as on former occasions, he was not at all prepared to say what the real cause was. Edward (lauds, a labourer in the sugar-house, deposed, that, being directed to assist the deceased in cleaning out the bailer or tank, he went with hint for that purpose, and when they had un screwed the lid or cover of the man-hole, or place that admits persons into it, witness was called away to another part of the premises, awl while crossing the yard lie heard a dreadful expto. Won, and on taming round he saw the deceased whirling in the air at the height of at least eighty feet. On recovering the shock he hastened to the spot, and found the deceased about five yards from where he had been blown, quite dead. When witness left him (the deceased) he was preparing to enter the boiler, and had • lighted candle in his band. rite boiler, which is made of cast iron, is about seventy feet long, ten deep, and the opening at the top is about three feet by two. Witness did not think that there was any blame attributable to any person ; it was purely accidental. Mr. Rohde attended the inquest, and expressed a wish that the witnesses might be strictly interrogated by the Coroner and Jury, that the fullest and most satisfactory account of the unfortunate occurrence might be elicited from them. For his own part, lie thought that the eccumulation of gas, or foul air, which occasioned the explosion, was produced by the impregnated state of the water that remained in the boiler. One of the Jury said, lie hoped that store precaution would be used for the Future. Mr. Rohdes replied, that it was impossible to be more particular than lie in general was ; and so anxious was he to ascertain the real cause of the explosion, that be intended consulting an eminent chyniist on the subject. The Coroner remarked, that however uneccountable it might be that an explosion should take place at one time and not at another, it did not appear that there was the least blame attributable to any person belonging to the establishment; he therefore thought , it was a case of mere accident. The Jury were of the same opinion, and returned their verdict I accordingly. MURDER AT WHADDON CHASE. The unfortunate mother of Lynn left town yesterday morning for Aylesbury, as may be easily supposed, in a state of the greattat distress. Hersey. hitherto, has been highly respected by am who knew him, and has been remarkable for his affectionate att ac h_ me to his mother and sister ; which circumstance a r k, much to the misery in which they are row inrolred,_ He seldom spent his evening from home, and it w as h e general practice to come home and nit with his mots e ,. tiler and sister as soon as he left work. We believe h e h a d s o ,. difference with the aunt before he left, but some of the ciirmr: stances mentioned in a morning paper we hare rcason to holies t are exaggerated. On Sunday his mother and sister maw a p es ,,, graph in a weekly paper respecting the murder, but at that titre they had not the slightest idea that it related to the p enot c . their unfortunate relative. Having previously inquired at the Saracen's [lead, Snow-hill, whether or not two yiersonn armee , , in the description of Lynn and the deceased, had gon e f rom t ' her e to Liverpool • and from the answer they received, they fel t ant i s that they had. In the afternoon of Sunday, however, a relati er. called, who had seen the paws:wit alluded to, and expressed h er fears that, as they had heard nothing of them, and were ueceitair. whether they were gone or not, that it might allude to them ; ths caused them to make another inquiry, and the resale was el•a:in satisfactory with the former. It was, therefore, not mini' filandi, morning they received the melancholy titling*. Of Mangan, no furthet information had been received yesterd a y, Search is made in every direction where the least clue has bee, given, or where it in probable he may have been. He is very we.; known in the neighbourhood of Vauxhall, and in his situation postman to Sir Robert Burnett and CO, has often been trusted w the letters of other persons near the spot to convey them to the per. office. POLICE. MATTON.OARDEN. CMAR(IE OF FELONY ILEFUTED.—Yesterday Esq. a gentleman of very considerable fortune in ' mbridgeshin, was brought up in the custody of a constable, under the followin g extraordinary charge : Alm. Martha Dutton, an elderly widow lady, residing at N 0..., Ilart-street, Bloomsbury, stated, that the person at the bar can:, to her house a short time back, and engaged a suit of apartment; for the use of himself and his wife, at the rent of 21. 10s. per wets, for an indefinite time, urging that the nature of his business a s such as precluded the possibility of his saying, with any precisio , , what time he should have occasion to remain in town ; yesterdar morning he sent word that he was about to go, and desired his bi to lie sent in ; there was then one week due, and another entetai on, and although it is customary with persona keeping lodgings is demand the full amount of the week's tent, as the genie. man had not taken the apartments for any specific term, and as there was only one day of the new week expired, she waived cline privilege, and demanded merely the sum actually due, being Id. Ss. 6d., the N. bang for the rent, 2s. for washing, and Is. 6e. for the servant, who attended them. Mr. Smith, on receiving the bill, desired that the balance of a 6/. note should be sent him, std that he would pay ; complainant thereupon sent her servant with two sovereigns, and he gave her a M. note, marked on the back " John Smith," but not having any address. She (the complainant; thought this strange, and immediately went into the parlour w h en Mr. and Jura . Smith were then making preparation for their dr. perture, and requested him to write his address on the rote ; ti said " it was not necessary that he should do so ; the note was a good one, and that was quite enough." Complainant though otherwise, and abutted, that she would not accept it unless to did ; he refused in rather a peremptory manner, and complain= then said, " You are going away, and I expect to be paid on money before you leave the house." To this he made no re. ply ; but taking up the two sovereigns sent in change, and tits W. note, be put them into his pocket, and went out to call a coact. On his return, he sent up stairs for his travelling bag, and coo. plainant said, " 1 think, Sir, you should leave the luggage um; my demand is satisfied." This he objected to, and said, " Madan, do you mean to detain my luggage I if you do it will be at your peril." He then got into the coach, along with the lady. and said, " I am going to the Bell Inn, Holborn," and drove away. Complainant sent her servant-maid after the coach, and had him subsequently arrested for taking away the two sovereigns which she had sent him in change of the 61. note. The complainant's statement having terminated here, Mr. Smith begged leeve to speak. Mr. Sergeant SELLOW acquiesced ; and Mr. Smith said, that he wished, in the lint place, to know under which charge he an to consider himself ? " I have been placed at this bar as a car. mon felon (continued Mr. S.), which is a very serious charge; and Mr. Sergeant SELLON—I think that by this lady's statement there is no such intention. There may have been fauns, per. haps, on both sides, but I presume that the payment of the money is all that will he required of you at present. Mr. Smith—l have already been brought before Alderman Birth, an ,e a direct charge of - felony writ:en down against me, and was by that gentleman sent here for your adjudication. It is now incuti'i'ent on me to explain the business for your satisfac. don, and in vivification of my own character, which this soma, has taken very unnecessary, and indeed very unwarrantable pains to sully. my man e, as already stated, is Smith ;lam a gentleman of fortune, well knosrn in Cambridgeshire, and 1 think I may affirm, the last that w s . dld willingly commit a dishonest or dn. honourable action. Thee is much truth in what this woman has stated, as regards this tram - action. I offered her the IL note with my name indorsed on the bask, but without my address, which, I submit, 1 was not compelled t, , give, unless in courtesy, and we an seldom disposed to be courteous an those who have not treated as with common civility—such has been L . '', case, as I have experienced great incivility at this lady's hands. The note I received with others a few days ago at the Bank, an as it never sacs left my pocket-book, there was no doubt of its gee:nineties , on that WM. ciple alone 1 refused to give my address, and when the lady thought fit to make use of some very insolent remarks, I went out to pro. cure change, but could not get it in any of the shops about, and being obliged to leave town by a particular coach, I desired he: servant to follow me to the Bell Inn, Holborn, and she should be paid; but soon after I got there, I was taken into custody by a constable, and have been most vexatiously delayed In my journey on account of this business. It is now, I conceive, my turn tolled for redress. Mr. Sergeant SELLON concurred in the opinion expressed by Mr. Smith, that he was not bound to write his address on the note. at the saute time the complainant might naturally enough expect him to do so, particularly as he (Mr. S.) was a stranger to her, and quitting town ; the note might or might not be genuine, and nit proved a forgery, which in some instances has happened without the knowledge of the person paying it, how was a person in clam plantain's situation to trace it merely from a name, without an address? The Learned Sergeant concluded by saying, that he would recommend Mr. Smith to pay the sum claimed. Mr. Smith accordingly paid the full amount of the debt, and the two sovereigns he had taken away, and was discharged. EXTENSIVE FRAUDS, AND DESPERATE ESCAPE Or Tin PRISONER.—On Saturday night, a young man most fashionable dressed, who gave his name as Charles Henry, was brought before ALAN S. LAING, Esq. charged with the commission of several acts of fraud upon a number of tradesmen and shopkeepers in various parts of the metropolis, under the following circumstances : Mr. Edward Watson, clock and watch-maker, of King-stave; Cheapside, stated, that the prisoner at the bar had for some time back been in the habit of calling into his shop, and examining and pricing various articles; at length he seemed to have taken • par. denier fancy to a musical anuffibox, the selling price of which we. 61. es. and tor which he then offered 54. Complainant said he caul'. not take that sum for the article, which was really worth the price set upon ft, and prisoner went away, alleging that although he fancied the box, yet It was too much money to squander upon bauble. In a few days, however, he made his appearance, ant asked if the hex had been sold ? He was answered in the negative, and then asked to see it once more. After some minutes examina tion he said, " well, I must have it, but you must take off the 6s. and make it pounds. The price was agreed to, and he presented in payment a sovereign, and a check tor li. signed " Charles Henry," drawn on Messrs. Williams, bankers, Buclain-lane. particular objection was taken to this mode of payment, as h: really appeared to have all the air of a young man of lortune like!! to have an account at a banking-house. On presenting tht check, the reply was, that no person of that name was at all knosn. there ; and that the check was of no more value than a piece en waste paper. Complainant, on this, made some inquiry conomiing him amongst the rest of the trade, with a view of putting them e. their guanl, and by that means learned that be had defrauded snare other persons in a similar way. Another gentleman, a jeweller, residing in Mooreelds, who was present, stated, that the prisoner bad defrauded him of a valuable gold watch, by the same means, and observed, that, in the event o . Mr. Watson's case not being satisfactorily brought home, he would give evidence against him. The prisoner made no defence further than a simple denial of having any concern in the transaction, and was committed to New Prison, under forty-eight hours' notice of hail. Yesterday morning Arnold, the gaoler, came before Mr. Sergeart Sellon and Mr. Lamg, to say that that the prisoner (Henry, as he calls himself,) had escaped from his custody on the previous even ing. In consequence of instructions to that effect, Arnold was bringing up the prisoner from Clerkenwell to Nevrgate, double handcuffed, and when going through Smithfield, Henry begged permission to step into a grocer's shop, in order, as he said, to Par chase some tea and sugar before going to Newgate : Arnold, not suspecting any thing, immediately consented, and while the prisoner was in the shop making his purchases, Arnold stood outside, his back being to the door ; the prisoner taking advantage of that cit. cumetance. made a sudden rush from the counter, struck Arnold tremendous blow on the back of head, which brought him to the ground, and the fellow effected his escape through smithfield-bam Inquiry has been since made at the various policemffices, and seems that information was given (it is suppisset) against him fee forgery at union-Hall a short time back, and a reward was then offered for his ap prehension . He has gone by the name of Miles and Henry, hut it appears that his real name Later, and he is said to be a native of Reading, in Berkshire. When apprehended, a blank check-book. on the house of Burgess, amt ' Williams, was found in his pocket, many leaves of which were torn out, and were, no doubt, paid away in the same manner. - HIGH WATER THIS DAY AT LONDON BRIDGE. Morning 34 min. after 7. I Afternoon 6 min. mine O. Printed •t THE BRITISH PRESS Office. by J. W.Coitir 181, ki.tind, sod pablimbed by 11. Quisoir, ow vbs.