The Sun. — London, England, 1862-02-26 00:00:00

IMPERIAL PARLIAMENT. HOUSE OF LORDS--YESTERDAY. The LORD CHANCELLOR took his seat on the woolsack at five o'clock. ....... THE REVISED CODE OF EDUCATION. Tho Bishop of WINCHESTER presented petitions against the revised code of education. PRIVATE BUSINESS. On the motion of the Earl of COLCHESTER, the following bills were read a second time :—Caterham Water Works, Ceylon Railway Company, Great Britain Mutual Life As surance, Leeds Water, Deaf and Dumb Poor Asylum, Dun dalk and Enniskillen Railway, and Webb and Cray's Patent. AN ITALIAN PROCLAMATION. The Earl of DERBY gave notice, on the part of the Marquis of Normanby, that on Thursday next he should call the attention of tho noble earl the Secretary of State for Foreign Affairs to a proclamation of a very extraordi nary nature which had lately been issued in the Neapolitan territories. Earl RUSSELL asked where the proclamation was to be found. The Earl of DERBY said he was about to ask the noble earl whether he had received any information respecting it. He had seen it in an Italian newspaper, and it was to the effect that after a given day no person was to set foot within a certain boundary, that all houses, farmhouses, cabins, and hovels were to Abe levelled, and also that all inhabitants of every house, farm house, or ether building in which more than one day's food was to be found, should be treated as brigands and shot. (Laughter.) Earl RUSSELL said he had received no information from her Majesty's Minister or Consul at Naples on the subject, and ha should therefore feel obliged if the noble earl would !furnish him with a copy of ithe proclamation to which he referred. Their lordships then adjourned. HOUSE OF COMMONS-YESTERDAY. The SPEAKER took the chair at four o'clock. PRIVATE BUSINESS. The following bills were read a second time :—Cirances ter District Roads, Norwich Corporation, and Scottish Northern Junction Railway. GENERAL COMMITTEE OF ELECTIONS. Sir F. Baring, Mr. Walpole, Mr. H. Herbert, Mr. Ker Seymour, and Mr. Bonham Carter were sworn at the table as the general committee of elections. PETITIONS. Some petitions were presented against the Revised Code of Education and the Highways Bill, praying that when any hon. member was counted out the debate should be resumed at the next sitting. TRANSPORT SERVICE. Mr. CHILDERS asked the hon. member for Sunderland (Mr. Lindsay) if he would not postpone the following motion, of which he had given notice:—"That, in the opinion of this house, her Majesty's Government ought to adopt measures to carry into effect the recommendations of the select committee of this house appointed in 1860 to in quire into the transport service, or at least such por tions of the report of 1861 as were unanimously adopted by the said committee P" Mr. GRIFFITH gave notice that he would ask a ques tion on the subject of the alleged ill-treatment of the Italian Consul at Malta. CHARITABLE BEQUESTS IN IRELAND. In reply to Mr. BEMUSE, Sir R. PEEL said that the subject had been under notice of Government, but as he was at present advised it was not intended to introduce any bill on the subject. THE QUEEN'S UNIVERSITY IN IRELAND. Mr. M'EVOY asked the First Lord of the Treasury, if her Majesty's Government intended tomake any proposal to Parliament, in accordance with the suggestion of the Secretary for Ireland, respecting the erection of a College in Dublin in connection with the Queen's University ? Lord PALMERSTON said that no such proposition had been brought under the notice of Government. ACCIDENTS COMPENSATION BILL. The ATTORNEY GENERAL asked the member for the Tower Hamlets whether he would have any objection to defer the second reading of the Accidents Compensation Bill until Wednesday, the 19th day of March ? Mr. AYRTON said that he would postpone the bill in accordance with the wishes of the right hon. gentleman, but he trusted that the right hon. gentleman would be in his place when the bill came on for the second reading, and that in the meantime his views in reference to it under went a change. (Laughter.) BUSINESS OF THE HOUSE. ••••••••• Mr. BENTIIiCIi moved the following alteration in the 57th paragraph of the rules, orders, and forms of proceeding of the house :—" If it appear on notice being taken, at the close of the speech of any member (such notice not to be taken during the time that any member is addressing the house), or on the report of a division of the house by the Tellers, after four o'clock, that 40 members are not present, Mr. Speaker do adjourn the house without a question first put till the next sitting day ; and the name of the member who has taken such notice, and also the name of every member pre sent when the house Is counted, shall be taken downby the clerk of the house, and published on the following day in the votes and proceedings." Ho contended that under the existing practice injustice was done to hon. members, and the progress of public business was retarded. Mr. KNIGHTLEY seconded the motion. Sir G. GREY hoped the house would not accede to the motion, and argued that every reasonable latitude was afforded to private members to bring on their motions. He drew attention to the fact that Government never placed a bill on the paper for Wednesday, when it would interfere with the bills of private members. (Hear, hear.) He thought the effect of counting out was rather salutary, as it tended to induce hon. members to compress their speeches into reasonable limits. Lord R. CECIL supported the motion, the object of which he contended was merely to secure the courtesy to every hon. member of having an opportunity to finish a speech which he had commenced. He strongly deprecated the practice of an honourable member being per mitted to move that the house should be counted out, without due publicity being given to his name. He thought such secrecy was injurious to public business, and most unjust to private members. Mr. PAULL opposed the motion, and he thought that no hon. member would shrink from the responsibility of placing his name to a motion for " counting out," merely b ecause he had the privilege of going behind the Speaker's chair and making such motion. He . for one would not feel disposed to avail himself of such privilege as exercising the constitutional right of moving that the house should be counted out when there were not forty members present. Mr. EWART supported the motion. Mr. B. OSBORNE, on the part of the house, declared that in a count-out there was no feeling of hostility towards any member, and ho referred to his hon. friend (Mr. A. Smith), who had been counted out five times in one session, as an illustration of what he stated, so far as his own personal feelings were concerned. He thought the services rendered by the " counters out" were very valuable—(laughter) —and he objected to that meritorious body being dragged into publicity. (Great laughter.) Mr. BENT.INCK replied, The house divided, and the numbers were— For the motion Against 219 Majority —l76 The motion was accordingly negatived. TRANSPORT SERVICE. Mr. LINDSAY then brought forward his motion on this subject, which we have given above. He contended that that there was necessity for a great alteration inthe present system. In the three years ending 1856, no less than £16,000,000 had been expended by the Admi rally in • the service. He referred to the ad vantages which resulted to the country by the establishment of an organised system in regard to this ser vice, by which £1,000,000 on the public expenditure was saved He alluded to the Transport Board, which had been the means of effecting this saving. Having analysed the c omposition of the select committee which had been co a printed in 1860 t o i nqu i re i nto t h e T ranspor t S erv i ce, h e ended that the ho use were b oun d t o a d op t th e recom mendation d T. d ation of that c omm itt ee. S Sir SMITH seconded the motion. vertrE LC. w LEWIS said that th ere was a ti me w h en Go departments ere accused of too great a d es i re t o crea t e new tons of in aaci depeaulnew boards, and whe n th e p r i nc ip a l furle d Goverrkraeutakent members were t o res t ra i n th e appe tit e by which it s par : wastef u l expen di ture of that d escr i pt i on Now they had live n d a tgoa in new appointments was increased. creation of new b z . auch sea a new state of things arise. The quently recommended to of the Government was not unfre hers, and it not unfreqj en 7 mm ittees and individual mem ment to decline the ereatio 'Y fell to the lot of the Govern of thoee new branches. He was himself in that positionn: report of the committee of last quite quiteadmitted that the dered report, and that its recou rei n elir w as a we ll consi theations were worthy o f consideration of the hou se , and. at uft ,, ,tely of adoption by the Government, but he was not of once set on them. position to say the Government would at moment in a The hon. gentleman said that the result dation would be that the work now done b 8 recom m en dation be done then by three. He thought it Y tn might Uh l. : ne cessary to create a board, but he confessed that enco of changes of that sort did not lead hi m to antic ipate the services of the 15 other gentlemen who were P „ ate id to be superseded would be dispensed with, and that a r e .. duction of the different departments would take place to that extent. He thought the house would expect that if the new department were created some additional persons would have to be appointed, and some additional expenses incurred, although he did not dispute the conclusion of his hon. friend that increased efficiency would be obtained, and ultimately increased economy in the expenditure of the public money. His experience of the late transmission of troops to Canada had convinced him that our present a Ystem admitted of improvement, and that there were tr. recent confusion and a confl ic t o f authority • which the °n a il they had not led to an y i nconve nience during dency to proti t eansmission of troops, still had a ten- Ace errors in the shipment of 'gores sad in the performance of the transport service. Therefore with respect to the first part of the recommendation, namely, that the transport service should be separated from the victualling department of the Admiralty, under which it was now placed, he thought it was, as a matter of prin ciple, good and sound, and so far he was gla I his hon. friend had called attention to the report. The War Department and the Admiralty were agreed on that portion of the recommen dation, and when the proper time arrived they would be ready to adopt measures for carrying them into effect. But there were two other departments concerned—the India offico and the Colonial-office. With respect to the India office, his right hon. friend at the head of that department thought that for the present it was not advisable to make the change proposed. He did not dispute that ultimately it would be an advantageous one, but was of opinion that the abandonment of the system of shipment of men and stores from India under the separate management, and with the facilities which now existed for it, was a measure to the immediate adoption of which he could not agree. Then there was the third question, with respect to the abolition of the Emigration-office, and the transfer of all business connected with emigration to the Colonial-office. Ho believed it was the opinion of the noble duke at the head of the latter office that the proposed change could not be adopted in such a manner as to give satisfaction to the different colo nies. Though it was possible the recommendation might be a wise one, still there might be, on further considera tion, serious objections to it. Under these circumstances he trusted his hon. friend would be satisfied with the assurance given, that the Government was on the whole favourable to his ♦iews, and though not at present ready to carry them into effect, they were nevertheless taking steps for the purpose. They had further appointed a com mittee of members of the Admiralty and the War Depart ment to frame a plan in accordance with the views which had been expressed. He believed his noble friend the Secretary to the Admiralty had asked for a sum in the navy estimates for the foundation of a board of that description. He trusted, however, that the house would see that the question was purely an executive one, and that the hon. gentleman would consent not to press his motion to a divi sion, but leave it to the discretion of the Government. Sir F. SMITH said that as a member of the committee he could not but express his regret that two years should have been allowed to elapse since the question had been considered and reported upon, and before anything was done with regard to it. He understood and believed that if the recent American difficulty had not been removed a transport board would have been established; but who knew how soon they might be again under the same difficulty ? He could not urge the subject too strongly on the attention of the Government, for he need not say that if they did not reform their establishments in a time of profound peace, they would be sure to be thrown into confusion at the breaking out of war. (Hear.) Mr. KINNA.inD and Mr. JACKSON having advised the hon. member for Sunderland not to press his motion, Mr. CIIILDERS called the attention of the house to a grave omission in the report, which demanded the conside ration of the Government. His hon. friend (Mr. Lindsay) did not seem to be aware that a great part of the expense of the Emigration-office was borne by the colonies. That be ing so, it became a serious question for them to determine whether they would be prepared to transfer the Emigration office to another department having nothing to do with the colonies, or to hand it ever to the colonies themselv96 He hoped the Colonial-office would be careful, and consider well what the effect of the proposed scheme would be, be - fore they adopted entirely the recommendations in the re port of the committee. Sir G. C. LEWIS said he thought he had stated that the Colonial office objected to the amalgamation on colonial considerations, for the reasons just stated by his hon. friend. It was the opinion of the Colonial-office that the union of the two functions was not expedient. Mr. LINDSAY replied—The relations of the Colonial office with the colonies would remain the same if his pro posal were adopted as they were now. As the Government admitted the principle, and intended to carry it out to some extent, he should withdraw the motion. The motion was then withdrawn. CONSOLIDATION OF THE ECCLESIASTICAL LAW. Mr. H. SEYMOUR, in moving that it was expedient that the ecclesiastical statutes be revised with a view to their consolidation, said he brought forward this question on two grounds—first, because ecclesiastical questions were attracting the attention of the public more than they used to, as was evinced by the fact that the Government pro mised to bring in a bill for the reform of the ecclesiastical courts; and secondly, because the consolidation of the sta tutes was considered to be a subject which ought to occupy the attention of Parliament. The Bishop of Killaloe said that the state of ecclesiastical law in England upheld the influence of evil by:protecting delinquents. And the Record, the organ of that party in the Church which was so much favoured by the noble lord in the distribution of episcopal patronage, she used strong language against the present state of the law. The party is a great party in the country, and they think that the present state of the ecclesiastical law is a grievance which demands the immediate attention of her Majesty's Government. The law governed 20,000 clergy, and the laity were also deeply interested, both in an ecclesiastical and pecuniary point of view; in its amendment and consolidation. The lay patronage of the country amounts to nearly two million sterling per annum, all of which was go verned by that law. He was borne out by the former opinion of the chief of the law in the country in these views, and he did not believe that the Lord Chancellor, since his eleva tion to the woolsack, had changed his opinion. In the pre sent state of the business of the house there was ample time for the consideration of this subject, and it was a work which would stamp and give a character to the session. The present was a most favourable time for consolidation, as the house was about to be asked to deal with the courts in which the law was administered. He therefore trusted that the statutes would be made as simple and compendi ous as possible, that Englishmen might understand the law by which they were governed. Lord FERMOY seconded the resolution. The SOLICITOR-GENERAL said that the subject to which his hon. friend had called the attention of the house was undoubtedly a large and important one. As to the ge neral object he had in view there was not likely to be any difference of opinion amongst those who desired the im provement of the law, but he thought it would be in a very high degree inexpedient, and productive of no good end whatever, if they were to agree to an abstract resolution in the terms or to the effect of that proposed. His hon. friend had referred very candidly to the learned and able publica tion of Mr. Stephens, a work of great learning in this de partment of the law, which had obviously in some degree suggested the terms of the original motion, which was for the consolidation of the ecclesiastical and eleemosynary statutes—these being the subject of the work. Tle could not be surprised at his hon. friend being alarmed and asto nished al, the great amouat of the statutes and the magni tude of the volumes. But if the hon. members took the trouble of looking into them their alarm and astonishment would undergo considerable diminution, for an analysis of the statutes would completely repel the idea of consolida tion, and would lead th em to see that everything in the world became ecclesiastical un d er th e touch of his learned friend Mr. Stephens. Not only did the work in ques tion contain statutes which most persons would recognise under the title of ecclesiastical, such as those relating to the church in its primary and normal relation to the state, to church discipline and church building, and also all the laws relating to births, deaths, and marriages, ecclesiastical com missions, cathedrals, bishops, deans, and chapters; but, in addition, the great bulk of the work, besides hea..lB of statutes, observations and notes, consisted of statutes such as those he would mention. Tho Statute of Limitations was to be found there—for it, of course, contained clauses relating to ecclesiastical law as well as lay ; the Municipal Corporations Act, because municipal corporations had ad vowsons to sell ; the burial acts, acts for the government of Canada, and the act providing for tho regency of this king dom in case that great misfortune had happened, now hap pily no longer possible. His right hon. friend the Chan cellor of the Exchequer would be surprised to find his old friend the Paper Duty Act there—(laughter)—because the paper used in the printing of bibles was exempt from duty. The Metropolitan Police Act was there—(laughter)—be cause it contained provisions against selling and buying on the Lord's-day; the Prisons Act, because there are chap lains of prisons, and the Bakers Act, because bakers may not sell bread on a Sunday. Instead of these being a pro • per subject for consolidation, he ventured to think that all that mixed matter absolutely repelled the idea of consolida tion, and that the codification of those fragments of acts would create confusion and not order. In speaking of the ecclesiastical statutes he did not adopt the distinction taken between the religious and the temporal. Religion, properly so called, was only, and to a very small degree indeed, the subject of one or two of the statutes. There was not oae of them which did not relate primarily to temporal matters, and with respect to these there was really no uncertainty or difficulty as to what the law is. In the latter part of his hon. friend's speech ho spoke of amendment more than of consolidation, and the pamphlet of the right rev. prelate he quoted alluded to the evils of the present law and of amendments which it required. That was a delicate and difficult subject, and any one who successfully under took it would be a benefactor to the public. Amendment should precede consolidation. (Hear, hear,) His hon. friend had alluded to the fact that it is proposed to amend the law in the present session ; they should not, therefore, begin by consolidation. The practical question was—what are the branches of the law which are in a state rendering it conve nient to consolidate them with a view to make the law more clear and intelligible ? He was far from differing with the opinion expressed as to the expediency of the process, but it should be set about in a manner not likely to defeat the ob ject in • Boo _ view. There we re some thin g s falling within the e of the motion which he thought were practicable and tainly required at tention to them, useful, and hi s hon. friend had done good by directing at . Acts. They efers e b n a thn sen d branch of the ecclesiastical law cer their revision and condslr—• dra_ namely, the Church Building jesty's Government hadwn, and there was great need of menti on. ..The attention of her Ma - and he hoped the day wa, already directed to the subject, ,fore far distant when a bill with respect to it would be laid b, theh e o i use. (Hear, hear.) There was also the law rel a ting to r nor did he think they should stop at - these points andleave ; otherdi t tuiantdo kindred matters com3ide).ed. But it was inexpeen TTIR rSITN, LONDON, WEDNEg DAY , L E NINO., FEBRUARY 23,- MM. launch out on a wide sea by adopting the motion - without having the class of statutes and the undertaking to which they pledged themselves defined. The work of amending the law—which would be interfered with by that course—was progressing. Under the act of last session two gentlemen of great ability were engaged in it under the superintendence of the Lord Chancellor, and he (the Solicitor-General) hoped during the present session to submit a bill by which the ob solete and repealed statutes from the commencement of legis lation in this country down to the reign of King Henry VII. would be removed from the statute-book. (Hear, hear.) That denoted no inconsiderable progress, and the work was going on with as much expedition as possible. It would be a great matter to have the ecclesiastical statutes sifted, and those no longer in use separated from those now in force, and they would not be indisposed to give priority and prece dence to that part of the work which would conduce most to publio convenience. There was, however, no considerable pressure of uncertainty or difficulty as to the ecclesiastical law, except as to the Church Building Acts and kindred statutes, and as to these they would apply themselves to the work of amendment and consolidation. (Hear, hear.) Mr. FREELAND entirely sympathised with the motives which had induCed his hon. friend to bring the subject be fore the house, but hoped his hon. friend would not press his resolution to a division. (Hear, hear.) Mr. HADFIELD hoped the attention of the Government would not be confined to the consolidation of the Church Building Acts, but that something would be done to reduce the size of the statute-book, which was in a great state of confusion. Mr. LOCKE said he should like to ask whether a great portion of the labour which had been bestowed on the con solidation of the statute law had not been entirely thrown away, because he recollected that the hon. and learned member for Suffolk (Sir F. Kelly) when in office adopted the principle of consolidating particular parts of the law, and that other gentlemen who had been employed had taken a different course, and had prepared a great many bills for the purpose of their being submitted to the house. As, for instance, the whole of the law upon aliens had been con densed and put into one bill to be submitted to the house. He hoped the Solicitor-General would take the matter into his consideration and see what his predecessors had done, and also what remained to be accomplished. (Hear, hear.) Mr. L. KING said he would merely state that he felt glad the. Statute Law Commissioners were got rid of, be cause so long as they occupied the ground, nothing was done in the reform of the law. He thought they ought to proceed first with the expurgation of the old statutes, and then go on with the consolidation of the remainder. With regard to the matter now under consideration, he was of opinion that his. hon. friend had done good service, and he hoped that the Church Building Acts would at once be con solidated. Lord FERMOY said the object of the house ought to be to make the law of the country clear and concise, and ho did not see why theyshould be deterred by any difficulties which might present themselves. It should be remembered that the church of Ireland was by Act of Union united with the church of England; and in - consolidating the Church Build ing Acts the Government should deal with the churches of both countries alike. (Hear.). . Mr. H. SEYMOUR, in reply, said the work of consolida tion was not going on in the spirit which ought to be dis played at this time, when so little public business was be fore the houses of Parliament ; and at the present rate of expurgation and consolidation he feared that half a century would pass away before anything satisfactory would be effected. As the hon. and learned gentleman (the Solicitor- General) had undertaken to consolidate the Church Build ing A3ts, and some other groups of acts of great importance, he would withdraw his motion. (Hear,) The motion was accordingly negatived without a division. frequented - K . c.r sin trten-gardens, but he found a large number who had never penetrated their centre. (Laughter.) The road would proceed along that broad gravel walk, and if made those who now used the walk would have an opportunity of walking in two avenues on each side of the road, which would be much pleasanter. (Laughter.) These avenues would be planted with trees, and look much prettier than the gravel walk. The road would commence at Lancaster-gate on the north, and terminate at the wrought-iron gates in Rotten tow on the south. It was quite clear of the Serpentine, be ing distant one-eighth of a mile from it. The road at the bottom would be 40 feet wide, and at the top of the slopes 80 feet. It would not interfere with the walks which the pedestrians now took. (Laughter.) If he desired to pass through the park he could go by the avenues, and if he wished to cross the road he could do so by light bridges which would be constructed for the purpose ; so that although the number of places where pedestrians might cross would be diminished, there would still be ample pro vision for pedestrians to cross. Then he did not believe that the noise and dust would have any serious effect on the enjoyment of the people. Tho road would not interfer e with Rotten-row ; it would not interfere with the carriage drive—as in both cases the new road would pass underneath. The new road being in a direct line would form a shorter communication between Paddington Station than any alter native road which had been proposed. The other road which had been spoken about was a similar sunk fence, beginning at the northern part of the ha-ha and crossing the river, and following the boundary between Hyde Park and Ken sington Gardens. The great difficulty of adopting that road was crossing the Serpentine. If, as Mr. Page proposed, in that place they were to have a tunnel under the Serpen tine, he thought it would be disagreeable. If they were to have a new bridge it would be unsightly, as they would have two bridges near each other of different elevations. A third plan was to widen the present bridge, but he be lieved that would cost £20,000. The road he proposed had this advantage, that whatever be the amount of annoyance to arise from the passage of vehicles, it would in the case of the middle walk in Kensington-gardens be felt by the smallest number of persons, because that was the least fre quented part, whereas the boundary between Kensington gardens and Hyde-park was the most frequented. The bill proposed that the road should be made by the Metropolitan Board of Works, and that the expenditure should be de frayed out of the proceeds of the penny coal duty, which had been accumulating since 1859. By the act of the 8 and 9 Vic., that duty was to accumulate for some metropolitan improvement which Parliament might hereafter direct ; and it was quite open for Parliament, therefore, to say whether that fund should be devoted to this purpose. It had received the sanction of the vestries. Other districts might object to such an appropriation of the money; but the real ques tion was whether the road he proposed was not the most urgent and most desirable work that could be undertaken at the present time for the improvement of the metropolis. He did not think the parishes would defray the eost, even if they had the legal power to do so. The Metropolitan Board of Works considered that the expense of making the road could not be properly thrown on the taxes they were authorised to levy. Therefore he thought practically the question was whether they were to have a permanent road or not. If it could not be paid for out of the penny coal duty they could have no road. As particularly devoted to the interests of the park he had no particular desire for this road. (Hear, hear.) If he looked only to the interests of those who frequented the park they could do perfectly well without the road ; but if they were to lcok to the improve ment of the metropolis, to public utility and advantage, this was an improvement which ought to be made. It had been stated, with regard to the interests of the Exhibition, that the permanent road could not be made in time to provide both the temporary accommodation required this year and the permanent accommodation which would be required in future years. If they could combine the wants of the pre sent year and the wants of future years in the same road, they would be economising the expenditure of the public money. A question was raised on a former evening as to the time in which the road could be made. Now, he could state that several engineers of the highest authority had stated that such a road as he had described could be made in two months, and an eminent contractor would engage to make it in three months, on the condition of not getting a farthing for the work if it were not completed within the time. If the bill he proposed had been received with the favour he anticipated, and if it had been allowed to pass rapidly, he had no doubt the road could have been com pleted by the Ist of June; but his expectations had not been realised. Advantage was taken of the slender at tendance to force on a division, and thus to cause a delay of four days. As there might not be time to make a perma nent road, he had inserted in the bill powers to make a temporary road at a comparatively small expense, and the question for the house to decide was really between the permanent and the temporary road. In any case a tempo rary road must be made in order to give a northern access to the Exhibition. Mr. AYRTON asked for further explanation respecting the heights of the bridges, and the nature of the road. Mr. COWPER said the engineer he had consulted pro posed to make flat girder bridges. He did not propose large headways, as he could carry the road as low as he might think necessary to clear the, surface. Sir J. SHELLEY had opposed the motion of the right hon. gentleman the other night, because he thought that an object in which they were all interested should not be dis cussed in a house of about 25 members. It was usual to allow a bill to be brought in without opposition, that the house might see what it was; but his right hon. friend had given so full a description of his measure, that they had nothing more to learn concerning it, and upon his descrip tion the metropolitan members were satisfied that there was no cause for allowing the bill to proceed. And he believed, supposing they were right in their ideas, that the scheme was not one that ought to be supported, and he thought it much better that it should be at once understood that the bill would not be allowed to go on, in order that proper ar rangements might be made in other ways for the forth coming Exhibition. (Hear.) The right hon. gentleman bad rather shirked one part of the question which he brought before the house the other night, and that was where the funds with which this road was to be made were to come from. The right hon. gentleman had told the house that it was by an oversight that this sum of £32,000 was not in cluded in the Act of last year appropriating the proceeds of the coal tax to the Thames Embankment, and that he thought the money might now be employed in the construc tion of this road. He (Sir J. Shelley) did not believe there was any difference of opinion as to the great advantage that it would be to Kensington and Paddington to have access from one side to the other. But the question was whether the proposition of his right hon. friend was the best for the purpose. He was anxious, if this was to be called a per manent metropolitan improvement, that the Exhibition should be put altogether out of sight, and that the matter should be carefully considered before any plan was decided upon. If, on the other hand, it was to apply only to the Exhibition, he thought there were roads sufficient for all purposes if his right hon, friend only made use of them. (Hear.) What disadvantage was there to any one at the time of the last Exhibition, when the traffic was allowed to go in front of Knightsbridge Barracks to the building ? If they threw open the Marble Arch and the other roads across the park, under proper restrictions, for cabs and other vehicles, there would be more access to the new Exhibition than there was to the one in Hyde-park. (Hear, hear.) Mr. Fowler had undertaken that this road, if it were sanc tioned, should be opened for traffic by May; but even then omnibuses heavily laden would be unable to draw their bur dens over a road recently opened for public traffic. As a temporary road for the purposes of the Exhibition it could not be ready in time, and as a permanent metropolitan im provement the matter required more consideration before a decision was come to upon it. (Hear.) He believed that Loth the localities which would be benefited by it would be perfectly ready to contribute to the improvement if they had the power, and if such power were conferred the Metro politan Board would be justified in coming forward to carry out the work, Lord PALMERSTON—I so far agree with ray hon. friend who has just sat down that, as this question has been fully explained by my right hon. friend, and this is a full house, we may as well declare to-night upon the motion:for leave to bring in the bill as to wait for the second reading. (Hear.) No more information can be given of the bill than has been given by my right hon. friend in his open ing speech. This really is a question upon which the Go vernment have no particular interest ; it relates merely to the convenience of the metropolis. I think everybody must admit that there is a want of communication between that great mass of town which lies on the north of the park and Kensington-gardens and that increasing city—l may almost call it—that is growing up in the south. There are two questions involved—in what direction the road is to be Made, and who is to pay for it. My right hon. friend has proposed a road which will be most central, and most con venient therefore, for those who have to pass from one side to the other. Some persons may think that a sunk road is less good than a road on the level, but these are matters of opinion. A road on the level would be less convenient for those who use the gardens, and a sunk road would be less convenient for those who use the road. That is a matter of convenience between two classes of persons, but that is a question that may be reserved for future consideration. Then as to the funds from which the cost of construction,is to be provided. It is said by some that the parishes ought to provide the funds, but parishes are bounded by arbitrary lines, and why are persons living in a particular street which is contained within the parochial boundary to contribute to the cost, though they may not use the road, and those who live a few streets off, and who may want to use the road to be exempt ? If you make all those who use the road pay for it that would be intelligible, but I cannot see the justice of calling upon people to pay for the construction of a road which they may never use, because they :happen to live in a parish which adjoins the place through which the road is to go. Whatever may be the fate of this proposal we must all agree that some additional communication with the Exhibition should be provided. My hon. friend who spoke last said that the passage through the Marble arch and through the road parallel with Park-lane would be sufficient. The only advantage you would gain by that load wo uld be that you w ou ld avo id, per h aps , o b s truction in the narrow part of Park-lane, but it would save nothing in dis tance. We should be glad to have the opinion of the house whether they consider it desirable that a permanent road 01101114 be wade, The 080 ig very simple. 110mi/540111.. munication wanted that - would be a great advantage anti convenience to the public at large ; here is a fund that is not now applicable to any other purpose—that cannot bo applied except by act of parliament. And we ask parlia ment to apply it to this purpose of great public convenience. (Hear, hear.) Lord J. MANNERS hoped that his right hon. friend would, for the future, confine himself to the discharge of his own most important public duties. And he made that observation because the right hon. gentleman had told the house distinctly that, as far as he was the guardian of the royal parks, he had no wish to see this particular road made. (Hear. hear.) Let the house support the right hon. gentleman in the discharge of his duty. Taking a wider view, however, and regarding this as a metropolitan im provement, his right hon. friend wished the house to sup port him in making the road. But great metropolitan im provements were now, by Act of Parliament, delegated to a different tribunal ; and if this were a measure of that charac ter, it was for the Metropolitan Board of Works to decide whether it should be undertaken or not. (Hear.) No doubt, if a metropolitan improvement interfered with any of the public parks, the right hon. gentleman was justified in seeing, and even bound to see, that nothing was done to prejudice those interests of which he had charge, but the duty of the Metropolitan Board Was definite, and ought not to be transgressed as it was now attempted to bo trans gressed. He now understood that the Government would not persevere in that portion of the bill which dealt with the question as a permanent metropolitan improve ment, but they still resolved to have this as a temporary road. The nab!, lord said that a temporary road ought not to be charged to the parishes, and therefore that this bill should be adopted by the house. The noble lord asked why should the parishes make or maintain the road ? The only answer he could give was that that was the law of the land. (Hear, hear.) But he thought it had yet to be proved that this temporary communication was necessary. There was no great likelihood of a greater number coming to London this year than there was in 1851, and it was quite probable that the roads that were found sufficient in 1851 would be sufficient in 1862. Admitting, however, that this was not so, and that some temporary provision, such as that proposed by this bill, was necessary, if a few hundred pounds were required to provide temporary accommodation for the Exhibition, let the right hon. gen tleman bring in an estimate for the money. It would then be voted, and there would be an end to the matter. (Hear.) Lord FERMOY complained of the course which had been pursued by the right hon. gentleman in mixing up the question of providing a road across the park with a par ticular crotchet of his own, which had perilled that very de sirable object. On the north of the parks there had grown up a property which was now rated at more than £BOO,OOO a year. The inhabitants of that part of the metropolis were exceedingly anxious for a communication with the south, but so distasteful was the right hon. gentleman's project that rather than consent to it they would prefer not having a road at all. (Cheers.) He thought that those persons had good grounds for complaining, as he (the noble lord) complained, of the right hon. gentleman's obstinacy. Mr. B. STANHOPE observed that if we had - anything worth showing foreigners in our metropolis it was the parks and Kensington-gardens ; and he protested against a scheme which would utterly ruin them. (Cheers.) . When the hon. gentleman resumed his seat a great num ber of members rose, but Mr. COWPER obtained possession of the house. He said that he felt in the position of a camel whose back had been broken by the last feather ; for it was what had fallen from the noble lord who had just spoken that had deter mined him. He perceived that the feeling of the house was so strong against the permanent road that he should only be wasting time to insist on the scheme any longer. He ventured to observe that it was within his province to propose a measure relating to the royal property ; and that it would have been beyond the jurisdiction of the Metro politan Board of Works to do so. He might add, however, that he had received a vote of thanks from that board for the plan he had proposed, and he thought, therefore, that he had a right to expect the cordial support of the metro politan members. (A. laugh.) Finding that his anticipations were not realised he would move that the chairman leave the chair; and he would then consider the other branch of the subject, namely, the arrangements to be made for the temporary passage of vehicles across the parks. (Loud cheers.) The CHAIRMAN then left the chair. SUPPLY. The report of supply was brought up and read. In committee on Exchequer Bills (Consolidated Fund), resolutions were agreed to on which to found a bill. CONSOLIDATED FUND (4973,747) BILL. This bill was read a second time, and the house adjourned at a quarter to 11. ESSAYS AND REVIEWS. The case of the Rev. S. Fendall v. the Rev. H. B. Wilson was resumed, yesterday morning, in the Arches Court, before Dr. Lushington. Dr. Phillimore, in opening his arguments on the part of the promoter, observed that the special dif ferences which distinguished this case from that of the Bishop of Salisbury v. Williams, were few, and he should therefore avoid as far as possible any repetition of the arguments, upon certain great branches of the subject common to both cases, which he addressed to the court on the former occasion. He should only briefly, if at all, touch upon the question of the inspiration of the Holy Scriptures, or upon the meaning of the words in the articles relating to the canonical books of Scripture, both which points had been discussed at very great length, and illustrated with numerous authorities on both sides, in the case of the Bishop of Salisbury v. Williams. The first point of distinction was, as Dr. Deane had pointed out, in the promoter of the judge's office. Mr. Fendall was proctor for the clergy of the diocese of Ely, and he proceeded by letters of request from his diocesan, the venerable and, he regretted to say, infirm Bishop of Ely, who was now in his 84th year. Another special circum stance in this case was that while in common with the case of the Bishop of Salisbury v. Williams, the defendant claimed for the clergy the liberty of denying the inspiration of the Holy Scriptures, and denying that by the Word of God was meant the Holy Scriptures, there was in Mr. Wilson's essay a direct statement of the wish of the writer to be free from all the fetters which at present the formularies of the Church imposed upon him, and a suggestion amounting almost to an invitation to other clerks in holy orders, or candidates for holy orders, to subscribe to the articles of religion in a sense thoroughly and entirely different from that which the composer of those articles intended. This opinion, with the extract in which it occurred, were set out in the articles for the purpose first, of charging that such opinions were an offence per se by a clerk in holy orders ; and, secondly, as show ing the animus and intention with which this part of the essay was written. In maintaining and pro mulgating doctrines which were not consistent with the plain grammatical and generally understood meaning of the formularies, Mr. Wilson was acting a dishonest and a treacherous part towards the Church of England. Attention had been drawn to the fact that the promoter was not proceeding in this case under the statute of Elizabeth. The reason that in this case, as in the case of Dr. Wil liams, the prohecution chose rather to proceed under the general law was that it gave greater scope to the lenity and mercy of the court—that if these proceedings had been taken under the statute of Elizabeth, and they had succeeded, no option would be left to the court as to the sentence it would have to pronounce. Authorities had been referred to by defendant's counsel to show that others bad entertained opinions which they con sidered might justify the writings of Mr. Wilson, and his learned friend had:appealed to the court not by its decision in this case to bind the clergy down to formularies which could not conscientiously be literally observed. But it was not within the pro vince of the court to consider whether the formu laries of the Church were or were not too stringent, and in the case of " Burder v. Heath," the court in giving its judgment declined to open doors for dis cussion which the Legislature had closed. Great importance had been attached to the fact that in the articles there was no positive direction that every part of the Scripture must be believed to be the Word of God. Such a declaration would never have been thought of, for m ithout the Bible there could be no Church, and the whole of the articles were framed upon the acceptation of the whole of the Scriptures as inspired by God. The very object of the collection of the books of Scrip ture in the Bible was to exclude from the teaching of the Church uncertain stories and legends, and retain nothing but the pure Word of God. The contention of learned friends was that the Bible was partly the Word of God and partly the impure word of man, and that a clergyman was not bound to accept the whole as the Word of God. A clergy man was then at liberty to question the literal truth of any part of the Scriptures he pleased, and with this teaching what he wanted to know was what was to become of the uniformity of the Church. Proceeding to refer in detail to the articles of indictment, Dr. Phillimore addressed his obser vations in the first instance to those articles which relate to the subscription of the clergy. He de scribed the object of the writer in the extract quoted in these articles as to get rid of the bondage of subscription and to substitute a system of greater liberty. Mr. Wilson proposed to set at nought the first five articles of religion, which were the most solemn of the whole 39, not by a direct contradic tion, for that might incur the penalties of the statute, but as the essayist expressed it by "pass ing by the side" of them, though they contained such doctrines as the incarnation of our Lord and the Holy Trinity. These might be doctrines which a clergyman of the Church of England was at liberty to entertain, but he should be surprised if any judgment of the court should sanction such a liberty. This evasion by Mr. Wilson of his sub scription, in which he invited others to fallow him , k was contrary to principled of common honesty, and t ' was, the learned counsel contended, censurable and punishable in an ecclesiastical court; complaint had been made in reference to the seventh count, that the opinions charged were not a fair in. ft-rence from the passages quoted from the essay. It was said that but for the insertion of the word " mere" to describe tho Saviour as a mere moral reformer, the charge in this case could not have been pointed. But it was necessary that the court should consider the whole gist of the essay, and see whether any other construction could be put upon the passage quoted than that which the prosecution had embodied in this article. The dis tinguishing doctrines of the Christian religion were spoken of as " speculative doctrines ;" the scheme of redemption from sin and misery was designedly omitted in furtherance of the object of the essayist, which was to promote the multitudinist or national church, to prepare for which all the doctrines and distinctions of the Christian religion were to be done away with. With regard to the question of inspira tion, he had nothing to add to the arguments he had used in the case of Dr. Williams, and he need only say that if Mr. Wilson was at liberty to interpret one scriptural statement as an allegory, other clergy men might deal in the same way with other parts of the Scripture till, as he had said before, there would be no uniformity in the teaching of the Church of England. Dr. Lushington—Then they meet you, Dr. Philli more, with the question, "Do you hold that belief in the literal truth of every word of the canonical books is necessary ?" Dr. Phillimore knew no authority in the Church of England for denying any of the facts described in the Bible. The next point to which he had to draw the attention of the Court was the charge of ideal interpretations of the Old and New Testament. Of the system of ideology there referred to Strauss had the unenviable position of founder ; and though it was true, as Mr. Wilson states, that he had not gone in this system of interpretation the lengths that its founder had gone, yet he had adopted enough of Strauss's principle to leave open to those who followed in his footsteps to deny the whole of the Gospel, and to say that the taking up of Elijah to Heaven and the Temptation of Christ were un certain stories, and legends no more to be believed than "Robinson Crusoe" or the "Arabian Nights." It was contended by his learned friends that the clergy were at liberty to believe anything that was not in so many words absolutely denied—a prin ciple which an ecclesiastical court could not for a moment accept, for it was one that would permit clergymen to preach that Alahomet, who believed in the Bible, and claimed that his coming was in it foretold, was the prophet God. If the facts of the Old Testament were merely ideas, as Mr. Wilson went the length of asserting, they could not get over the dilemma which he had put on a former occasion, that our Lord and the Apostles were either ignorant or were impostors. Then it was main tained in the essay that the miracles ascribed to Christ—the opening of the eyes of the blind, the cleansing of leprosy, making the dumb to speak and the deaf to hear, the Temptation and the Transfiguration—would have the same effect upon the mind if they were ideas as if they were facts. This was a theory that no one could accept—the story of the Saviour's life could not have the same weight and influence regarded merely as an allegory, and it would hardly be understood that Ridley and Latimer should have died at the stake for that which was nothing more than the product of two ideas. Mr. Wilson disposed of Adam and Eve as an alle gory; he disposed of the facts from which original sin was derived, and then disposed of original sin itself. It had been explained that upon this point those to whom the essayist referred were persons who had never heard of the Lord, and that with regard to such he had only expressed the hope that their ignorance would not be the cause of their eternal punishment. But this was not a correct statement, for the doctrine of Mr. Wilson was, that those who had not heard of God's name could not have original sin, a doctrine which was distinctly and unquestionably opposed to the doctrines of the Church of England. Passing to the fourteenth count of the indictment, in the passage cited there was a distinct proposition conveyed in the words, " The Roman Church has imagined a limbus infan tium. We must rather entertain a hope that there shall be found, after the great adjudication, recep tacles suitable for those who shall be infants—not as to years of terrestrial life, but as to spiritual development—nurseries as it were, and seed grounds where the undeveloped may grow up under new con ditions, the stunted may become strong and the per. yerted be restored." The essayist might as well have at once advocated the Romish doctrine of purgatory, and certainly the words of the article, which was directed against the doctrine of purgatory. "It is a fond thing, vainly invented, with no authority from the Scriptures," would apply with equal force to Mr. Wilson's belief. This was not the first time it had been held that though there would be a final adjudication, all would go ultimately to the bosom of the Creator ; it was, no doubt, a very comfortable doctrine, but it was one that must not be allowed to a clergyman of the Church of England to teach. Dr. Scvabey followed upon the same side. The court adjourned till Monday next. REGISTER OF ELECTORS. Mr. L. KING moved for leave to briag in a bill to pro vide for an alphabetical index to be attached to each regis ter of electors throughout the kingdom, similar to the mark which was now attached to every book of reference. Tho measure, he said, would not be costly, and would be a great convenience. Leave given. PROSECUTIONS EXPENSES. Sir G. GREY obtained leave to bring in a bill for the amendment of the acts relating to the payment of the ex penses of prosecutions. The bill was founded on the report of the commission of 1858, which recommended that magis trates should have a power over the expenses of witnesses, except such portions as were defrayed by the Treasury. Mr. A. TURNER and Lord HOTHAM severally expressed their approval of the bill. CHANCERY PROCEEDINGS. Mr. ROLT moved for leave to bring in a bill to enable the Court of Chancery to determine questions of law and of fact, whenever it was necessary to enable it to administer its jurisdiction. At present the Court of Chancery had a discretionary power, but his object was to make it impera tive, Great inconvenience arose from the present state of the law. There could be no doubt as to the capacity of the judges to decide questions both of law and equity, and all that had to be done was to see whether they had sufficient machinery to enable them to deal with these questions. At present the law of evidence was reduced to the same level both in courts of law and equity ; and if there was any business which the equity judges were incompetent to dis charge, it would be easy to deprive them of jurisdiction in respect to it. There were no judges more ready and will ing, and more competent to deal with questions of law than the judges of the courts of equity. He thought that the measure he proposed would afford a simple remedy for a considerable grievance, and confer a substantial good upon the public. (Hear, hear.) Mr. P. HENNESSY seconded the motion. The SOLICITOR• GENERAL entirely concurred in the views and principles expressed by his hon. and learned friend. He also agreed with him in his estimate of the practical importance of the measure he proposed. His noble and learned friend the Lord Chancellor had autho rised him to state that his attention had been directed to the subject, and that he had it in contemplation to deal with it as well as with other questions connected with pro ceedings in equity in a bill which he proposed to introduce in the other house during the present session. His noble and learned friend did not, however, wish to throw any impediment in the way of his hon. friend's measure. On the contrary, his noble friend expressed a hope that he should receive some valuable assistance from him. It must be admitted that the judges of the Courts of Chancery had the power as well as the capacity of dealing with ques tions of law as well as of equity. He assumed that his hon. and learned friend, as regarded questions of fact, did not mean to deprive the judges of equity of the power of send ing certain questions to be tried before the judges of assize and in the country. For obvious reasons it was desirable that they should retain that power of sending cases to be tried in the country, where perhaps all the witnesses re sided. He agreed with his hon. and learned friend that if the equity judges only possessed a discretionary power to try questions of fact, they would naturally be inclined to refer them to the common law judges, from a belief that they were more capable of dealing with them. He thought that the legislation which his hon. and learned friend sug gested would not only bo useful for the purpose of getting rid of the objection to the exercise of that discretion, but also for cutting off a set of bad precedents, and thus reliev ing the judges from the fetters which they imposed. (Hear.) Mr. HADFIELD gave his assent to the principle of the bill, but suggested some difficulties in regard to the details. Leave was then given to bring in the bill. PROPOSED ROAD ACROSS KENSINGTON- GARDENS. The house having resolved itself into committee upon the i London coal end wine duties, 1 Mr. COWPER rose to move for leave to bring in a bill to amend the London Coal and Wine Duties Continuance Act, 1861, and to authorise the formation of a road between Kensington-gore and Bayswater, and to apply the proceeds ( of the metropolis improvement fund account towards de fraying the cost of the construction of such road. The right hon. gentleman said that one of the special duties of the office ho held was the guardianship of the parks, and he was therefore anxious to protect them from any sort of in terference which would diminish the recreation and enjoy ment of her Majesty's subjects, A strong case, however, had been made out for interference in the present instance. For the last two years he had received communications re presenting that the formation of a road across the park was urgent and necessary. This year he received a deputation from the western parishes of St. George's, Hanover-square, I Marylebone, St. Pancras, Kensington, and Chelsea, showing that it was required for the accommodation of that part of the town, and that it was a hard case that the park should interpose a barrier of two miles to the passage of any car riage from north to south. Ho felt there was great force in the demand that the crown should allow a carriage road to be made to meet the paramount wants of that portion of London. He spoke not of temporary wants arising from the Exhibition, but of wants of a permanent nature. It was not merely the ordinary traffic between Paddington and Kensington-Gore and its neighbourhood which required to bo accommodated. On the one hand, there were all the car riages going from the south to Paddington, and on the other, all the vehicles from the north to Kensington-Gore and its neighbourhood. In that part of the town they saw not only the Kensington Museum, which was thronged by all classes of the community, who found instruction there both in science and art, as well as amusements of various sorts ; but the Horticultural Gardens, which were likely to receive thousands of persons at the exhibitions of flowers, and the exhibition building, just erected, a portion of which was to be permanent, and placed under the care of the society of Arts. Therefore, not only Londoners, but persons visiting the metropolis from all parts of the country, would frequently desire to resort to that centre of attraction by meats of the road now proposed. On the other hand, looking to the interests of the frequenters of the parks, ho would desire that such a road should not be made unless it could be done without serious injury to those parks. To some extent it was a conflict between utility and beauty; but fortunately they had not to choose between the two ; as both might be combined. Ho thought that a sunk road would answer all the purpose, namely, a direct road below the surface, with sufficient air and space, which would not interfere materially with the beauty of the land 'scope nor with the pleasure of pedestrians. He described the road last night, but it did not appear to be quite under stood, as very few had been on the gravel walk through the centre of Kensington-gardens, along which the road would proceed. (Laughter.) There were many persona who ASSIZE INTELLIGENCE. NORTHERN CIRCUIT.—CARLISLE, Feb. 25. CHILD MURDER AT PENRITII. At the assizes to day, Catherine Simpson, a young woman, aged 21, was tried before Mr. Jus tice Mellor, for the murder of her illegitimate child by drowning. She confessed her guilt on being taken into custody. It was proved that the poor girl was subject to fits of insanity, and on thet ground the jury re turned a verdict of not guilty. THE DURRAN - HILL MURDER. William Charlton, aged 32, engine-driver, was tried before Mr. Justice Willes for the murder of Jane Emmerson, an old woman who kept the gate at the Durran-hill crossing of the Newcastle and Carlisle Railway, on the 21st of November. The facts of the case may be briefly recapitulated as laid before the jury by Mr. Price, and deposed to in a mass of evidence. On the part of the prosecution it was said that the deed was done between the time when the last engine -driver passed with his train, which was about a quarter to ten, and the time when he had a second opportunity of seeing whether there was a light, and did not observe one, which was some where about a quarter or 20 minutes past ten— within the space of about half an hour. Next morning, when the first engine passed the cross ing a little after three o'clock, the gates were found opened and all right ; therefore somebody must have been to the gates and put them so as to enable the engine to pass without stopping. The driver of this train did not see the old woman as he was accustomed to do, though he whistled several times very loudly. The next train that passed Was driven by the prisoner. After that, about half-past five or a quarter to six, a man named Blaylock, coming along the line to his work as a platelayer, and passing by the old woman's cottage, found her lying in a pool of blood. On examination there were found to be a number of footmarks all round the cottage, leading up to the gate of a garden in which the old woman kept a pickaxe. That pick axe had been taken out of the garden and used by the person who committed the deed. Blood was on the handle and the door, and the drawer bore marks of its having been used to force them. It was found that the old woman had never been to bed, as the bed was unmade and her night clothes were still airing before the fire. When the police came the footmarks were examined and casts taken of them. The prisoner's duty was to go out with the second engine in the morning, and he was accus tomed to be called up about half-past three by a man named Chambers; he usually came down to the engine sheds, bringing his breakfast with him, which, after giving directions to his fireman about getting his engine ready, he generally ate in an ad joining cabin. On the morning in question he was awoke a little after three, and came down as usual, but he brought no breakfast with him. After giving directions to his fireman, he absented himself from the sheds on the excuse of going to get his breakfast. It was an unusual thing for him to come without his breakfast. Between half-past three and four o'clock, a pointsman on the line, named Carruthers, heard footsteps, and in looking round he saw what he had never seen before —the prisoner coming down the line from the direction of the old woman's cottage, quite in another direction to his own house, where he said he went to get his breakfast and his knife. The casts of the foot marks, as well as the shoes taken from the prisoner, were produced. Those prints bore many peculiari ties —such as one of the semi-circles of nails being larger than the other, the distances between the nails, the fact of there being one little nail leaning aslant upon another, Sze.—which must have been accidentally made by the shoemaker. Accurate measurements of the casts and tracings were imme diately made, but the prisoner was not apprehended till a month after. He went out with his train to Newcastle as usual, and as they were Passing the old woman's cottage, he kept his fireman engaged in close conversation, and.then told him to ptt some coke in the fire—thus preventing the fireman from looking about him. When the news of the murder reached Newcastle, the fireman asked prisoner if he sam e up i n t h e morn i ng. , the s answer, " and I saw the old , he y s e a s 7 I the did," lights was a wo man herself standi ng in the porch." About a month after the murder, he was apprehended and his shoes taken. On being examined with the casts, a most remarkable and accurate resem blance between the two was discovered ; but fifty-four sparables indented in the casts h a d been taken out of these shoes. When before the magistrates, and seeing how the evidence was going, the prisoner made a statement attempting to cast the blame upon his brother-in-law, Thomas Robin son. In the first place, he gave three different accounts about the nails—one to the fireman, one in this statement, and another to the policeman ; and also proved it was beyond doubt that Robinson was miles away from Carlisle, had slept that night with another man ; and, in fact, could cover the whole of the time in which the murder could possibly have been committed. The prisoner's house was searched, and under one of the slates on the roof of the privy was found a paper containing 52 sparables, which were of the same character as those which had been in the shoes ; and another sparable was found in the prisoner's pocket. The paper in which the 52 were wrapped had some tobacco dust in it, and some similar dust was found in the prisoner's pocket. Some of the nails appeared to have been taken out by pincers and some by a chisel; and in the pri soner's house a chisel and a pair of pincers were found belonging to the company, which he had n 0 right to have there. Mr. Campbell Forster, having addressed the jury for the prisoner, His Lordship, in his summing up, left it to the jury that if the circumstances were all consistent with the prisoner's guilt, and there were some of the circumstances which were inconsistent with any other rational conclusion, it was their duty to find the prisoner guilty ; but if the circumstances were all capable of another conclusion, they ought to acquit. His Lordship th en wen t car efully through the whole evidence, pointing out the falsehood of the prisoner in endeavouring to fix the guilt of the murder on his brother-in-law, the circumstances attending the finding of the " sparrowbilis " and the tracing of the shoe impr ess i ons corresponding with the prisoner's shoes, and told them that these must not be looked at separately, but altogether, and their judgment must be formed on the whole facts. The Jury retired about 11 o'clock, and, after being absent five hours, returned at 4 o'clock with a ver dict of guilty of murder, coupled with a recommen dation to mercy on account of the prisoner's pre vious character. His Lordship then, putting on the black cap, passed on the prisoner the awful sentence of death in a most impressive manner, holding out to him no hope of mercy, though he should transmit to the proper quarter the recommendation of the jury. ASSIMILATION OF THE IRISH AND _ENGLISH LAW COURTS. Our readers are aware that a Royal Commission is now sitting charged with the important duty of inquiring into the Irish Law and Chancery Courts , and the propriety of assimilating the practice of the English and Irish Courts. This Commission, which holds meetings both in Loudon and Dublin, is sup posed to be of opinion already that the Irish Courts have no longer a sufficient amount of work to do. How that may be, we cannot say—the evidence will in due time show. If the statement is well founded , the Landed Estates Court may in part be the tem porary cause. We are not so sure that large reduc tions would be safe or judicious, even if the fact be as alleged. However, as to the general principle of assimilation, there is no room for a second opinion, and if, in carrying it out to a prudent extent, a re arrangement of offices and duties take place, it will be just that the " assimilation" should reach salaries as well as processes and duties, and that the Irish officer performing the same function as his English brother shall receive a like reward. There was a time, indeed, when something could be said in favour of giving a larger emolument to the London official, the cost of living in the metro. polis was so excessive. This is admitted to be noW changed. If in London prices of a large variety of articles have been lowered, in Dublin they have increased. The assimilation-process here has proved to be the injury of the public servant residing ill Dublin, and thus his claim to be put on a footing of equality with the London officer of Law, Chair eery, or Bankrupt Court, is stronger than ever. It rests upon abstract justice, and is supported by the circumstance just mentioned. Among the legal changes about to take place in the direction indicated must be included a new Act to assimilate the Irish Bankrupt Act to the English , statute passed last S ess i on . Thi s new A ct wit' , make various changes, and greatly enlarge both th e judicial and administrative duties of the Chief Re' gistrar and other functionaries. The Chief Regis" trar will, we have heard it said, receive power to make adjudication of bankruptcy; to receive the surrender of the bankrupt; to grant protection! to pass last examinations when unopposed; to hell; and preside at meetings of creditors; to audit and pass accounts of assignees, &c.—all of which greatly increased judicial duties will not only add to the importance of his office, but impose upon an already sufficiently occupied and competent officer a large amount of fresh responsibility. In addition to this, there are novel administrative duties to be put upon him, and an entirely new department placed under his care—namely, that of the regis tration of deeds. Here, certainly, is a case where the principle of true justice manifestly applies. In London the officer who discharges the same duties gets .£1, 40 ,° per annum—the Irish salary for identical work only £BOO. In the new Act, if we be rightly formed, no provision whatever is made for assimila tion of salaries ! Now, is that fair P We do 0, 1 , ask the question, or press th e p o i n t, f or th e sa ke °,' any individual. We are c on t en di ng f or a p r inciPl of, as we conceive, no trifling importance. If Irte offices are to be assimilated to English, l e t u s hav e no sham assimilati ons . G oo d honest work, reT dered in this portion of her Majesty's dominions) l just as worthy of adequate payment as if done in any other, and the legal public, and persons Oi l ' cerned, may rest assured that if, in any one case' this assimilati on and i ncrease o f d ut i es i s allowe d to take place without an assimilation in the impor t ant point of the emolument, the precedent will rule in every other case, and the value of our most jai' portant legal appointments, in subordinate depart ments, will decrease. In this important matter wet with a clear conscience, raise the cry of " Justice to Ireland !"—Evening Packet. COUNTRY MABAL:tb. - 10- LIVERPOOL—FEB. 25. We had a fair attendance of town and country miller o Beans, peas, and dealers to-day, and wheat was in better request at 1 ‘ slight improvement. Flour was dealt in to a con s iderabl e extent, at a decline of 6d per barrel and is p er sack. pate dli an it d e o u a l t t m te ea m l were avterylatde rates. In dull. for, and 3d per qr lower. rnanldesabizargleuiyralled LEEDS—FEB. 25. ain s We have a mode ra t e s h ow of grain. There slow demand to-d ay f or wheat, and prices tend down Barley does n o t se ll freely, but at last Tuesday's rates. Beans and oat s so ld very sparingly, and little or no altera' tion in value. is awards. MELTON MOWBRAY—FEB. 19. There was a tolerable show of wheat to-day, and, g a quiet trade, prices were very little changed. Barley a languid sale, and at downward prices. White wheat, 0 Od to 66s Od ; red, 55s Od to 61s per 36 stone ; be / f : slow, at 44s to 51s for old; new sorts, —s per 3 6 ° io . l : barley, 35s ;to 38s for malting, and 31s:to 33s per cl l. ' grinding; oats, 28s to 33s Od perl24 stone. NEWCASTLE-UNDER LYME—FEn. 24. At this market to-day there was a fair show of wheal with a limited trade, and inferior sorts were hard to sell' White wheat, 63s to 68s; red, 65s to 64s per 36 stone. Barley at about the rates of the week previous, mal ting selling at 35s to 41s per qr., grinding 30s to 328 per 30 at. Oats, 25s to 278'per 24 st. ; beans, 4is to 460; new, 38s to 46s per qr. sale. than lo t The supply of store cattle to-daylarger 0 week, consisting of Scots, shorthorns, and Irish. Th 4s to 48 6d (estimated weight wile , C w A 3t T sh T 6aw L .dsio E toosw . 4s Od ; Irish, 36 attsecnodtasn, 4s s e o to f b4usy6NedrOs; R w:as ot l s th C in il o a t l n l 8, 0 fat). Fat 3s 6d ; De v ens, Fat beasts a large show, hut sales slow, at 7s Od to 70. 65 per 141 b. sheep —There was a good supply of sheep in the pe nEt and a fair sale. Fat sheep, 8s Od to 8s 6d p er s t one onst •' prime, Os Od. , Pigs--A fair supp ly. Store pigs, 18s to 20s; fat p 7s 3d to 7s 6 d per stone. _...., BIRTHS. the w ife DoDSoN.—On the 25 t h i nst., at 6, Seamore-place, t" of J. G. Dodson, Esq., M P., of a daughter. NAPIER.—On the 24th inst., at 54, Green-street, Groso‘ nor-square, th e H on. Mrs. W. Napier, of a son. th •, e WALTER. —On th e 25 t h inst., at Long Ditton, Surrtitort wife of Ja mes Walter, Esq. , of 2, Clifford's•mn, sob' of a son. BRODIE__mAcKwoRNTItR_RoIaAGthEeS. 24th Church, Worthing, G eorge Sinclairßrod in i e a q t • itihYrdie t ° o ! park-square, to J ane D eere , secon d d aug hter of the l a Herbert Mackworth, Esq., R.N. NEWTON—ANDERSON.—On the 24th inst., at All S oil o f Langham-pl ace , Regent -street, M r . J o h n P. Newt al kir. Dundee, to Elspith, youngest daughter of the lat e John Anderson, of Denmark-hill, Surrey. DEATHS. BLACKLEY.—On the 23d inst.. at Clifton, John Blacklel9 Esq., aged 64. BowEß.—On the 22d inst., at High-grove, near Chea dle ' Cheshire, Major Bower, aged 77. DOULTON.—On the 23d inst., at West-park, Mortlake) of Doulton, jun., Esq., eldest son of John Doulton, Lambeth, aged 43. PRINCE.—On the 24th inst., at Stockwell, Philip A. Esq., late of Hylands, Epsom, aged 66. REED.—On the 25th inst., at his residence, Cambri d ge heath, Hackney, the Rev. Andrew Reed, D.D., aged ti RIPPINORAI4.—On the 23d inst., at Kender-grove) 191 Kent-road, Mary R. Rippingham, aged 79.: _ - - - - L OND ON : Printed and Published by 11.1JRDO YOUNG o f No. 11 2 , Strand , Printer, at TAE BuN Office No. 11 2,80411 .1 ' in the Precinct of the Savoy in th e County Wedseedah Fepruary go, 184 '~ a r