The Sun. — London, England, 1829-10-31 00:00:00

IRELAND. -SPECIAL COMMISSION. TUESDAY.—FIFTII DAY. This morning, at nine o'clock, the Court-house hs opened, and in a short time filled to excess. At a quart er past ten o ' cloc k M r. B aron PENNE 4nER and Mr. Justice ToRRENS entered, and took heir places, and were jeined by Lord CARBERRY. The SOLICITOR-GENERAL soon after rose, and 9, that during the proceeding of the Commission ti wh o l e o bj ect was the promotion of t h e pu bl ic Iterest. He had just had a Conference with his ',earned Friends for the Crown, the result of which . ss, that it was deemed expedient not to proceed in thy cases until those with the Jury were terminated 'lre Way or other. Baron PENNEFATHER—Our duty, no doub', is to kttend to the course of proceeding as it regards the oran ge Crow n . ments thought b es t t o be pursued by the The Government having issued this Com mission under the conduct of the Crown, it is not, lin an or di nary case, in our power to i nterfere i n e mod e of proceeding. That is the duty of the olicitor-General ; our wish is to dismiis the county 4 soon as possible. The S OLICITOR-GENERAL—I assure your Lord ship that no one feels more regret than I do, at the .Brent inconvenience which the gentlemen of this thei r h omes, but there is a consideration paramount to t hat, which is public justice. Mr. O'CONNELL—I shall give my fullest concur ; r!irice. in whatever your Lordship shall think best to ,Elecide upon. How far the expression public justice [ 'bay or may not have been thrown out to make im pressions, it is not for to discuss. My Lord, I th , all leave the matter • me hands. I .hall defend th ose in your • men, and leave the rest with you. ~Baron PENNEFATHER—I must wait as long as the L rown chooses, but I am happy the prisoners are assisted. x ' , 4. - Ir.. BENNETT—\VC have come down to dis '•targe our duties on this most important Commis ' t i c '''. I b e li eve I am pretty we ll known to the gen- "men of this county, and I think they will give t ne credit for sincerity when I assure them most tolemnly, that neither myself nor any of the Coun g;_el f or the Crown—that no one connected with the own in t h ese trials, has any other desire or object lit public justice ; and I do hope that if what has been , I said i s meant as an i ns i nuat i on t h at we, or of us, w ou ld d are to ma k e un d ue impres -1 tolonsther upo n t h e public mind, the gentlemen of this unty will not receive it. , Mr. O'CosINELL--My Lord, I have bad the ho nour of thirty years' experience at the Bar—man o fy spent in Lordship'syour which have been pr e-I,lenc,e in a p ro f ess i on al way—and I now say, t h at il l e ' e ving these years, let your Lordship's decision have 4 t , In favo ur o f or aga i nst the pr i soner, I never f e l t ner• vise t h an t h at the prisoner should be perfect l y 1 atisfied, and the more particularly as his Counsel 4 as . sO . I did hear the parade of public justice made h while ago. I had my own feelings upon the exhibition; much does my estimable friend—whose character I so revere --does he think I would insinuate aught Igainst him ? No, no; but if his high legal elm-rtscte trialo be thrown out as a make-weight upon 4iliese s, I deny its applicability. I am prevented, 1 du , t .cmd, from alluding to the mode adopted of con -eong these trials them , BENNETT, K.C.—Nothing has been done in without my f ullest concurrence. M r. ., . oerjeant GoOLD—And mine also. Baro n 1-) t i • ENNEFATHER—I must stop these observe ans. I ' h ave no object in view but the fulfilment of public dut • The Gentlemen of the Crown have an arduous ): , nous onty to discharge; but they will dis c:arge it firmly, steadily, with integrity, and as n eh humanity as the nature of the case will per te,‘ i t• Th e C ounse l f or t h e pr i soners are very corn- Petent-4 know none more competent than Mr. 4) Conntll; and with such Juries as we have there tt li be no doubt of justice being obtained. That 4l tained, our object is attained. The mode of trial established under our Constitution—a mode un equalled_a mode I hope that may exist while the blvorld laSts--a mode which best secures our property against u ndue mode of trial is of itself a safeguard undu e i mpress i ons , even if i nten d e d, h av i ng weigh t' But what fell from the Solicitor-General flu" as littl e i nten d e d as i t was ca l cu l a t e d to in ' enc e the public mind as to. the future trials. Mr. • "nnell misapprehended the Solicitor• General J43 t as I was • C s misapprehen e on Commis ion. Mr, - 1 the honour to 4, Serjeant ~OOLD have 1 1° , 4 '1 and to be known, in this great county. I r, therefore, for credit for sincerity ; and I assure t h e a ssembled county, that throughout the whole of ~• e! e P roceedings the Solicitor-General has not taken and °f step without the full concurrence of myself It ? f 'IV Learned Friends for the Crown. 8 e Barony PENNEFATIIER—Every one that knows the °.lcitor-Ge; be assuredof that. The p 0 ieral needs not h- S OLICITOR-GENERAL—My Lord, I am pro ud of t h e approbation wh i ch t hi s extraor di nary conve rsation has elicited; but, my Lords, there is I°.ne thing of which I am more proud—the disappro qtion I have met from others. Lac Mr, . , T O 'CoNNELL—My observation was founded on h•`; I am sorry to see Serjeant Goold identifying t he Serjeant with the statement of yesterday, for I know Serjeant well. Here t h e conversation ceased. _ The SO LICITOR-GENERAL — M y Lords, on con- I l dti og with my Learned Friends, and considering 0 ` e lat e h our of the day,. I am not prepared to go tt ° ‘vith any cases at present, bat I shall be ready 1 1 n ine o'clock to-morrow morning. I am sorry to to r O bliged to put th e gent l em e n summone d a s . ii- It t s • toin conven i ence; b ut I am con fid ent t h e y will , e the necessity of attending pu nc t ua ll y , in order to Il able its to finish the business as speedily as possible. c, Baron PENNEFATIIER—Then you must be prepared proceed at nine o'clock to-morrow morning. , e SOLICITOR•GENERAL—I shall, my Lord, be 4 dY to take a definitive course to-morrow morning. laa ran , —. rENNEFATHER—Before we adjourn the ilii The Mr. r '' "Ir. Sheriff, ask the Jury if they agree. Th: ~ e SHERIFF proceeded to make the inquiry, and .4 1,..._ like Ti return stated, that the Jury said there was no tih° ° (l ofagreeing. " 11 ,.. , their '*''''' hsent to say they wished to explain "Inethi n Y ere Th e pg t o their Lordships. On their appearance, sti ng t ()remain said, that there still continued oh or to O ne gentleman ; he says nothing can convince all o , --v } : him; he will give no reason, and will not t , -,:ti• mind to be convinced on the subject. buti ul Yr--We feel for the situation of the Jury : 1 a n d -av ing sufficiently explained before the nature the circumstances of the evidence produced upon 1 iti . ro tri ° l l we cannot interfere. The Court does not 1 an Itte any right or power over the conscience of Or any juror. If the gentleman wants any information • pl anation4 the subject, we shall be happy to gi ve i on Alr riff wh • .nottitooll—My Lords, I am the individual el : di tiers from hi s brother jurors on this trial. I t h_ n °t agre e w i t h t h em, for the character g i ven b y r witness for the prosecution of themselves was su c h es , that I would not believe a single tittle of their e viden ce. Provers C O URT—(,gentlemen, in cases where ap- den or accomplices come forward to give evi -1 t h ce i and wh ere t h ere i s a corro b orat i on b etween 47; 1 as to f acts, you may give credence to t h em . til.. . cy tell you a story, connected together b y a h 441 of facts, w hi c h facts are i n part su b stant i ate d 10 ! the ev id ence of others not implicated, then it is a.'„You t o b e li eve them or not. You will see I am r a 'Y Puttin g a case i n point ; it is for you, and you .Q .i ller to d ec id e. I assure you my Learned Brother 1 - 1 7 myself feel for the unpleasantness of your situa -141.4 We feel that you have exercised your duty b furors in a most conscientious and proper manner. r ~4-laving giv en you my opinion as to what the law is, an'inay retire. . J_Utor--M y Lord, we are starved alive. ~_ J ur0r.....4 suppose yo ur L or d s hi p w ill 'allow me a i 941 2 Wit of water. I wou l d not get i t l as t n i g h t , 1 have been recently very ill. There is another gentleman who has the gout, ' mid I therefore hope your Lordship will do something for us. After the Jury h.,d retired, the Sheriff informed' his Lordship that one of them way extremely ill. Their LORDSHIPS said, in a few moments they would decide upon the question. The SOLICITOR-GENERAL—On the put of the Crown, my Lords, I consent that the Jury shall have every proper accommodation and refreshment under your Lordships' guidance. Mr. O'CoNNELL—On the part of the prisoners, I consent that the Jury should receive such accom modation; but, my Lord, you surely will discharge them before the termination of this commission. The COURT—We cannot look to the termination of this commission ; we may sit here for a month. When the King orders Judges to proceed to any part of the kingdom to administer justice, they cannot fix a time for such administration to cease ; we will have a physician to report on the state of ;he juror. Mr. O'CONNELL—I consent, my Lord, to their being discharged. I would rather my clients should remain in gaol until next assizes. If you give the Jury refreshment, you may:as:well at the same time discharge them. The COURT—I am not aware they can be dis charged without the consent of the Attorney or Solicitor- General,—but if a person serving on a jury becomes ill, and his illness is apparent, the Court may discharge the Jury. Mr. O'CONNELL—I thought your Lordships un derstood the counsel at the opposite side consented. The SOLICITOR-GENERAL—Our opinion is, we can do nothing. We'Ofrer no opposition, and 1, for myself, disclaim any idea of interference on my part. I leave it entirely to the discretion of your Lordships. A conversation subsequently took place as to whether Barrett should be dismissed without se curity to keep the peace, when it was ruled by the Court that he should find bail to the amount of 200/. —himself in 100/. and two others in 50/. each. The Counsel were engaged for the ensuing half hour in privately consulting law authorities, with the view to establish a case of precedence to enable the Jury to be discharged. Baron PENNEFATHER—As we are not otherwise engaged, we may as well endeavour to learn some thing, but it appears to me that there is not a capital case in which the Jury have been discharged by consent of the Counsel for the Crown. Business was suspended altogether. Half-past Two o'clock. Baron PENNEFATHER—As the Jury are not likely to agree, I shall adjourn the Court for one hour. if they agree in the interim, let us be sent for. if they do not agree before night, we shall not come here until that time. In the mean time, Mr. Sheriff, should any juror be taken ill, let a physician be pro cured for him. The prisoners were sent ba►k to gaol, with the exception of the persons on their trial.—The Judges then retired. THE OBSTINATE JURY. (FROM OUR OWN CORRESPONDENT.) DUBLIN, OCTOBER 29. The Cork mail has just arrived. The three men, respecting %%hose fate the Jury remained unde - cided, arc to be tried again next Assizes. Nothing ftirther took place. Four more men were to be put on their trial as this tnorning (Thursday.) FASHIONABLE INTELLIGENCE. ARRIVALS. Countess Spencer, at her house in St. James's-place, from her seat, Althorp, Northamptonshire ; the Earl and Countess of Wilton, at Newmarket, from their seat, Heaton House, Lanca shire; Lord and Lady King, at the Marquis of Lansdowne's seat, Bowood l'ark, Wiltshire, from their seat, Oak ham, Surrey ; the Right lilon. John Calcraft, M.P. at Whitehall, from Dorset shire; Mr. Granby Calcratt, at ditto, from a tour; the Hon. G. J. Vernon and family, at the St. James's Hotel, ,Jerrnyn. street, from the Continent; Sir James and Lady Fraser and fa mily, at Fenton's Hotel, St. James's-street, from Cheltenham ; the Rev. George and Mrs. Waddington, at ditto, from Worces ter ; the Earl of Jersm, at his seat, Middieton..Park, Oxford shire, from . a tour; Captain and Mrs. Crawley, in Grosvenor street, from Paris ; Charles Barnewell, F-sq. and Mrs. Barne well, at Fladong's Hotel, Oxford-street, from Cambridgeshire ; Captain Lascelles, R.N. at ditto, from Yorkshire; Rev. H. Whintield, at ditto, from Hertfordshire; P. Belson, Esq. at ditto, from it tour; the Rev. Craven Ord and friends, at Nerot's Hotels and Baths, Cliffcrd-street ; Mr. Newgent and family, at ditto; Mrs. William:, at ditto; Captain and Mrs. Wrench, at Batt's Hotel, Dover-street, from Brussels. DEPARTURES. Lord and Lady Howard de Walden, on a visit to the Marquis and Marchioness of Bristol, at their seat, Ickworth Park, Suf folk; the Earl of Waldegrave, for his seat in Essex; C. Chester, Esq. on a visit to Sir H. Paxton, Bart, at his seat in Northum berland; Lord Gardiner, from Belgrave-square, on a tour; the Countess St. Martin de Front, for her villa at Twickenham, from Bath ; Sir G. Nugent and family, from Batt's Hotel, Dorer. street, for Marlow, Bucks ; Mrs. and Miss Harcourt, from Crawley's Hotel (late Cook's), Albemarle-street, for St. Leo nard's; Captain Harcourt, from ditto, for Oxford; the Earl of Orford, from Thomas's Hotel, Berkeley-square, for Norfolk Sir William and Lady Cooper, from ditto; Mr. and Mrs. W. H. Cooper, from ditto ; Viscount Boyne, from ditto, for Shrop_ shire ; Miss Pocock, from ditto; Sir William Robinson, Bart. from Morley's Hotel, Cockspur-street, for Dover; Dr. Newell, from ditto, for Cheltenham; Dr. Lilbourne, from ditto, on a tour ; B. Belcher, Esq. from ditto, for Tunbridge Wells; H. L. Bulwer, Esq. from Fenton's Hotel, St. James's-street, for the Continent; Mrs. Robert, from ditto, on a tour; Mr. and Mrs. Roche and family, from Talke's Hotel (late Miller's), Jermyn street, for Paris ; Mr. and Mrs. Burdett, from Kirkham's Hotel, Lower Brook-street, on a tour; William Robinson, Esq. from ditto, on a tour ; Sir Charles Chad, Bart, from Fladong's Hotel, Oxford.street, for Ramsgate; J. W. Searle, Esq. and Mrs. Searle, from ditto, for Lancashire; Wm. Hammond, Esq. Mrs. and the Misses Hammond, from ditto, for Bath ; Miss Willoughby, from ditto, for Cheltenham ; J. Power O'Shee, Esq. from ditto, for Ireland; Arkwright, Esq. from ditto, on a tour. The Duke and Duchess of CUMSERLA ND dined with the Duke and Duchess of CLARENCE on Thursday evening, at their residence in Bushy Park.— There were present to meet their Royal Highnesses the Russian Ambassador and Princess I.IEVEN, the Austrian Ambassador, the Prussian Minister, Count and Countess MONSTER, Earl and Countess of Cassius, &c. The band of the Coldstream Regiment of Foot Guards was in attendance, and played several instrumental pieces in the course of the evening for the gratification of the party. The French Ambassador had an interview yesterday morning with the Russian Ambassador and Count MAETUCEWITZ ; the Russian Ambassador, accom panied by Count MAETUCEWITZ, afterwards proceeded to the Foreign Office, and had a conference with the Earl of ABERDEEN. DEATH OF THE COUNTESS OF CARRICK. —Willa profound grief we have to announce the death of the Right Hon. the Countess of CARRICK, daughter of 0. Wytist, Esq. of Hazlewood, county of Sligo. This me lancholy event took place in her accouchement, at six o'clock on Thursday morning, at Orcharilton, near this city, the seat of tht venerable Dowager Countess of CAR RICK. She had given birth in the course of the night, to a female child, a lovely infant, which can never, alas ! enjoy maternal care, or a : mother's sweet embraces. Of the affliction of the Noble Esti we presume not to speak. Young, lovely, and amiable, the deceased Countess pos sessed every virtue that adorns the female character or sheds a lustre on exalted rank. Her mortal remains will be removed for interment in the family fault at Mount Juliet at an early hour on Monday morning.—Leinater Journal. DEATH OF THE REV. ULICK BURKE, P.P. or STRADBALLV.-The long pastoral career of the Rev. U. ButtszE, P.P. of Stradbally, terminated on Friday last. He bad been very feeble for some time, and in con sequence his dissolution was, though a lamented, not an unexpected event ; and when it became generally known through the parish, it produced one universal feeling of sorrow, for the truly good and respected pastor. Mr. BURKE was one of the surviving members of that body of Catholic ecclesiastics who, denounced and debarred from every chance of education at home, were obliged to seek that blessing in a foreign land.-IVaterford Chronicle. Some strawberries, grown in the open air, in the garden of Col. CHICHESTER, at Dunbrody Park, in the county of Wexfoi (I. have been sent to our Office, where they may be seen.— IVuterford Chronicle. The buildings between St. Martin's Church and what was the King's Mews are at length in the act of being removed; but in the mean time that part of St. Martin's- lane is scarcely passable. THE ATIMY. 110R51 , .-GUAIMS, OCT. 22. At a General Court-martial held at Limerick, on the Bth of September, 1829, and continued by ad journments to the 17th of the same month, Brevet Lieutenant-Colonel Charles Bayly, late of the 98th Regiment, was arraigned upon the under-mentioned charges, viz.— " 1. For that he, Brevet Lieutenant-Colonel Bayly,being in command of the depot of the 98th Regiment, on or about the 19th day of January, 1828, at Tralee, certain soldiers belonging to the said depot, viz. privates John Cockran, William Delaney, Jas. Cheney, and Jas. M'Donald, were then an'l there subjected to receive, in the following cruel and unprecedented manner, the corporal punishment, or part thereof, to which they had been sentenced by a regimental court-martial :—First, the instruments of punishments,—viz., the cats-o'-nine-tails with which such corporal punishment was inflicted, had been previously steeped in brine or pickle; 2dly, the said cats-o'-nine-tails were again frequently steeped or washed, on the public parade, during the infliction of such corporal punishment, in a tub of salt and water, mixed and prepared for this purpose upon such parade, he, the said Brevet Lieutenant• Colonel Bayly, being then and there present, and commanding on such parade; and idly, the inter vals between the infliction of the lashes were, during part of the aforesaid punishment, protracted to an unusually long period, the sufferings of the said sol diers, or of some of them, having been by the afore said cruel and unprecedented mode of punishment rendered more severe, and of longer duration than usual, whereas it was his, Brevet Lieutenant-Colonel Bayly's special duty, both in his capacity of Com mandinff Officer of the said depot, and as Command ing Officer" on the parade, on the 19th January, 1828, aforesaid, to take care that the said corporal punishments were inflicted in every respect, in the manner only, and according to the custom usually adopted in his Maje.ty's service." "2. For that, previously to the said corporal punishments being inflicted in the cruel and unpre cedented manner aforesaid, it being proposed by Lieutenant Davidson, then acting Adjutant of the depot, to the said Brevet Lieutenant-Colonel Bayly commanding the depot, that the cats-o'-nine-tails, with which the said soldiers were to be punished, should be steeped in brine or pickle, such proposal moreover having been made by Lieutenant David son, in consequence of the remark or declaration of Brevet Lieutenant-Colonel Bayly, that he was averse to punishment, but that if lie did punish a man, he must punish him properly, and that the cats were not hard enough, or words to a similar effect; he, the said Brevet Lieutenant-Colonel Bayly, did not either then or afterwards, by reproving or repri manding the said Lieutenant Davidson, for pre suming to make such a proposal to him, his com manding officer, or by expressing his disapprobation of the proposed measure, or by any other means whatever, take care to prevent such cruel and un precedented mode of punishment from being had recourse to." " 3. For that he, the said Brevet Lieutenant- Colonel Bayly, did, in violation of his duty, when he surrendered the command of the said depot, on or about the 23th day of February, 1828, take and carry away with him the original minutes of the ju dicial proceedings of the regimental Courts-martial, held in the cases of privates John Cockran, Delany, James Cheney, and James M'Donald, in stead of causing the same to be deposited in the orderly room of the depot; and for that he, the saki Brevet Lieutenant-Colonel Bayly, did also, in vio lation of his duty, wilfully fail or neglect to cause the proceedings of the regimental Courts-mrtial aforesaid to be duly entered in the Courts-martial book of the depot, and to countersign them himself, as commanding officer, after such entry, according to the orders and regulations of the service: all such conduct and proceedings on the part of the said Brevet Lieutenant-Colonel Bayly having tended to bring the army into disrepute, being disgraceful to him as an officer, and highly prejudicial to military discipline." Upon which charges the Court came to the fol rowing decision :- - The Court-martial having duly considered the evi dence given in support of the charges against the prisoner, Brevet Lieutenant-Colonel Charles Bayly, his defence, and the evidence he has adduced, is of opinion— " That the prisoner, Brevet Lieutenant-Colonel Charles Bayly, is guilty of the first charge, with the exception of that part which states that the tub of salt water was upon the parade, and also with the exception of that part which states that the intervals between the infliction of the lashes were, during part of the aforesaid punishment, protracted to an un usually long period. " With respect to the second charge, the Court is of opinion that the prisoner is not guilty. " With respect to the third charge, the Court is of opinion that the prisoner, Brevet Lieutenant-Co lonel Charles Bayly, is guilty. " Though the Court has found the prisoner guilty of the first charge, with the exceptions named, it does, however, fully and honourably acquit him of all knowledge of, or participation in, the cruel and unprecedented practices of previously steeping the cats in brine, and of washing them with salt and water during the infliction of the punishments. The Court is also of opinion, that, as far as he, Lieutenant- Colonel Bayly, could observe, the punishments were conducted in the manner only, and according to the custom usually adopted in his Majesty's service.— With respect to the third charge, although the Court has found the prisoner guilty, it thinks it right to state, that in its opinion Brevet Lieut.-Colonel Charles Bayly was not actuated by any sinister mo tive ; and further, that the Court does not consider that Lieut.-Colonel Bayly's conduct has been dis graceful to him as an officer. " The Court adjudges that the prisoner, Lieu tenant-Colonel Charles Bayly, late of the 98th Re giment, be admonished, at such time and place, and in such manner, as the General Commanding-in- Chief, Lord Hill, shall direct. - ' 6 The Court cannot close its proceedings without expressing its decided indignation of the extraor dinary prevarication which has marked the whole of the evidence of the witness Lieut. Davidson, of the 98th Regiment. His Majesty has been pleased to confirm the find. ing the Court, and to command that the admoni tion, to which Brevet L;eutenatit-Colonel Bayly has been sentenced by the Court, be communicated to that officer, accompanied by the expression of his Majesty's regret and displeasure, that punishments, deemed necessary in their nature to the mainte nance of discipline and legally authorized, should have been inflicted in any corps in so cruel and unprecedented a manner as the evidence on the face of the proceedings clearly establishes to have been the case in this instance, and that so unques tionable a proof should have been afforded of ne glect of duty on the part of an officer in command of any regiment or detachment of his Majesty's troops, as is too clearly chargeable upon Lieutenant , Colonel Bayly, and as is justly so held by the Court, when an eccurrence so prejudicial to military dis cipline, and tending so manifestly to bring the army into disrepute, could have been pre-concerted with out his knowledge, and afterwards take place with out his notice, in the depot under his immediate command. As it has already been intimated to Lieutenant Davidson, in consequence of the proceedings of the General Court-martial before which he was tried at Cork, on the 9th of February last, that his Ma jesty has no further occasion for his services, his Majesty deems it unnecessary to allude to the strong expressions of indignation applied by the Court to the extraordinary prevarication which, in their opi nion, marked the whole of the evidence of that officer, further than to declare his entire concurrence in them. Finally, . his Majesty has been pleased to signify his pleasure, that the circutnstances which have led to the trial of Lieutenant-Colonel Bayly, and the observations wh;rh have suggested themselves to his 1 Majesty thereon, be made known to the army in the followinn terms : Early in the present y ear, the Major-General com manding the Cork di,trict, having reported that it had come to his knowled i !e that four soldiers of the Reserve Companies of the 98th Rt , giment had, some time before, been punished ill an unprecedented manner, the General Commanding in Chief felt it necessary to cause the matter to be investigated by a Court of Inquiry ; and the proceedings of that Court having established the correctness of the re port, that the men in question were punished with cats which had previously been steeped in brine, his Lordship directed his opinion thereon to be con veyed to the Lieutenant-General Commanding in Ireland, in a letter, of which a copy was sent to. Lieutenant-Colonel Bayly, who had been in com mand of the depot of the 98th at Tralee, when the occurrence took place. Shortly after the receipt of that communication, Lieutenant-Colonel Bayly requested that his Lord would " be pleased to order a General Court-mar tial to take cognizance of the affair." The Court-martial was accordingly assembled, and, as appears by the foregoing abstract of its pro ccedings, it was found that the men were punished in the manner above stated; but the Court has ac quitted Lieutenant-Colonel Bayly of a knowledge of the fact. Upon this it is essential to remark, that Lieut.- Colonel Bayly was at this time in command of the depot of the 98th ; that, being in the exercise of that command, he was strictly responsible for the due execution of the punishments awarded ; that he was on the parade in a square of four companies at the moment of its infliction ; and that if he (lid not, he ought, at least, to have noticed what was going forward. Whatever may be the opinion, or sentence, of a General Court-martial, his Majesty will continue to require that Officers be held responsible for what passes in the regiments wider their command. They are placed in' that situation, and have the as sistance of Officers and Non-commissioned Officers expressly. to prevent the occurrence of such irregu larities as that which has now been the subject of investigation by a Court of Inquiry and a General Court-martial. It matters not whether such irregularities proceed from design, inattention, or ignorance, on the part of a Commanding Officer, who may either authorise or allow such acts, or during whose command such acts may take place, is no way fit to be entrusted with the charge of a body of troops; and it is there fore the imperative duty of the General Command ing-in -Chief, whenever such a case is brought for ward, to make a special report of it for the serious consideration of his Majesty. The General Commanding-in-Chief directs that the foregoing charge preferred against Brevet Lieut.- Colonel Bayly, late of the 98th Regiment, together with the finding. and sentence of the Court, and his Majesty's commands thereon, be entered in the Ge neral Order Book, and read at the head of every regiment of his Majesty's service. By command of the Right Honourable the Gene ral Commanding-in-Chief, HERBERT TAYLOR, Adjutant-General. MEETING AT GREENWICH. A very numerous Meeting of the inhabitants of Greenwich was held yesterday in the School-room, near the Church, at two o'clock. Mr. Churchwarden BAKER was called to the chair. It will be recollected in February last the Mitre Tavern and two other houses were destroyed by fire. It was then thought a most desirable oppor tunity presented itself of imp►'oving the town, by purchasing the ground on which they stood, and thereby opening a clear view of the church. A Vestry Meeting was accordingly held on the subject, and a resolution► passed appointing a Committee to purchase it of the Trustees of " Roan's Charity." The Meeting of yesterday, therefore, was to receive a report of that Committee, likewise the resigna tion of Mr. Hammond, one of the Committee, and other public business. The regular business of the Vestry having been gone through, Mr..LimEs, the Vestry Clerk, read the report of the Committee, which stated the contract entered into between the parish and the trustees of Roan's Charity, for the purchase of ground adjoining the Church-yard. he amount of money necessary to complete the improvements was 82161., and the sum received from the sale of property, and other sources, amounted to 7450/., leaving a balance of 7661. yet to be provided for. In the expenditure was an item of " expended for stamps, &c. 2661.;" this caused considerable murmurings ;—after they had subsided, Mr. PENN rose to move that the report be re ceived ; which having been seconded, Mr. Moitßis read the following amendment : " Resolved, That the appointment of Trustees by the Vestry Meeting on the 28th of May last is in itself an act at once nugatory and illegal; and that, consistent with the good sense of this Meet ing, a report cannot be received from persons so constituted." The reading of this amendment was received with considerable groaning and dissatisfaction. Mr. KADWELL then addressed the Meeting. He was sure the Meeting would think the Committee and Trustees of the Charity were entitled to their warmest thanks. Mr. GRIFFITH said no one had a greater desire than himself to see improvements, if they could be accomplished by legal means. How had the feoffees acted ? NVhy, they had sold a property of the value of 1901. a year for 3,0401., or 16 years' purchase — (Hear) —and this, too, without obtaining the con sent of the Court of Chancery, which he contended was absolutely necessary. Another 1,200/. of the money too, he understood, " had taken to itself wings, and flown away." He recommended that the expence of the projected improvements should be raised by subscription, and the past blotted out of the book of remembrance. So, said Mr. Griffith, ends my chapter. Mr. RuctnE for one, would have no objection to subscribe 201. towards the improvements, but he never would consent that the funds of a respectable charity should be injured.—(Hear and Cheers.) Captain BARNES, one of the feoffees of the charity, explained to the meeting, the whole of the negocia tions with the parish. He could assure them no• thing was farther from their intention than to injure the funds of so excellent a charity, neither (lid they wish to injure' the parish. The whole loss, by this alteration, to the charity, would not exceed 81. per year.—( Hear.) Mr. HAMMOND contended that the charity would lose 981. a-year by the improvement, and that the feoffees had sold property at the rate of sixteen years' pm chase, when 25 years' purchase might have been obtained.—( Hear, hear.) —In fact, the property was estimated worth 370/. a-year, so that the charity had lost that sum nine times over, for he knew 25 years' purchase might have been realised.—(Hear.) —He must enter his protest against such an abuse of the funds of the charity. If the affair got into Chancery, he thought the Lord Chancellor would make some inquiry into it. Mr. MORRIS'S amendment was then read several times, amidst the greatest confusion we have wit nessed at any parish meeting for a length of time— twenty or thirty persons all talking at the same time. It was at length announced by the Chairman that it had been negatived, and the report of the Com mittee adopted, with only a few dissentient voices. The next business of the meeting was to give the Committee power to raise a further sum of 7661., necessary to complete the improvements. A great deal of angry discussion here followed. It was at length decided that the Committee should be authorized to raise the required sum in the man ner they thought best. .Mr. Hammond's resignation, as one of the Com mittee, was the next subject for the consideration of the Meeting, when another violent discussion took place, which ended by Mr. Hammond consenting to remain in the Committee; and thanks being voted to the Chairman, the meeting separated. SPORTING INTELLIGENCE. NEWMARKET DOUGIIT(►N MEETING. NEWMARKKT, THURSDAY NIGHT. Previous to the races this morning the following racers were sold : Guineas Dxmen, by Amadis—Pawn Junior, sold to Mr. Abell 66 Goshawk, 5 yrs, bought in 3OO Brother to Emilius, sold to Captain Grant Ch. f., by Nieolo—Teals' dam, 3 ) rs, to Count !John 53 Bay f., by Orville, dam by Cato, to Captain Grant 2O SIR JOHY SHELLEY ' S. Brown Yearling f. by Einili us—Maresfield's dlm, en gaged in the Riddlesworth, and at Ascot, 100 says. h. ft. old mile for fillies (12 subs.), and in the Oaks, 1831 ; bought in 290 Bay Yearling c., by Emilius—Creesida, engaged in the Riddlesworth, in the Dinner Stakes, and at As cot, 100 sovs. h. ft. (15 subs.), and in the Del by, all 1831 ; bought in Ch. Yearling c., by Emilius, dam by Merlin—Morel, engaged in the Derby, 1831 ; to Mr. Pratt Bay Yearling f., by Morisco—Scornful, to Mr. Theo bald The following are the latest odds : . 400 DERBY, 1830. 15 to 2 agst Sir Mark Wood's The Mummer 14 to 1 agst Mr. Dilly's Cetus 16 to 1 agst Lord Exeret's Mahmoud 17 to 1 agst Mr. Petre's Brunswicker 17 to 1 agst Mr. Chifney's Cressida cult 20 to 1 agst Mr. Petre's The Major 20 to 1 agst Lord Se:ton's Sal colt 20 to 1 agst Lord Cavendish's Mouse colt 25 to 1 agst Lord Sefton's Captain Arthur 25 to I agst Lord Sefton's Mouche 25 to 1 agst Col. Wilson's Brother to Lamplighter. OAKS. 8 to 1 agst Lord Sefton's Mouche 10 to 1 agst Mr. Stonehewer's Leeway filly 11 to 1 agst Lord Exeter's Skimla. ST. LEGER. . 9 to 1 agst Lord Cleveland's Bud 14 to 1 agst Mr. Richardson's St. Nicholas 15 to 1 agst Duke of Leeds's Lady Mowbray IS to 1 agst Mr. Petre's Brunswicker (taken) 20 to 1 agst Mr. Petre's The Major 20 to I agst Mr. Petre's Reginald 20 to 1 agst Mr. Petre's Laura. It is not certain whether the meeting will not break into the ensuing week. A match is made for Saturday for 100 soya. each, T.Y.C. between Mr. Thornhill's f. by Emilius, - Madeline, 2 yrs., Sst. 71b., and Lord Chesterfield's f. by Merlin, - Rowena, 2 yrs, Bst. 41h. The owner of the winner of the Sweepstakes of 10 soya. each is Count Bathiany, not Count Hahn. The filly has been christened Willielmina she was claimed for the owner. FRIDAY. The races will not he over till late, in consequence of the number of horses for sale, of which the following are particulars:— THE FROPERTY OF MR. GREVILLE. Guineas. Vortigern, yrs, by Entilius - Rowena bought in 130 THE PROPERTY OF MR. GULLY. Sparrow, 3 yrs, by Waverley - Cock Robin's dam, DO offer. Bay 1., 3 yrs, Sister to Mouche, bought in 39 Baltic, 3 yrs, engaged in the Port Stakes, bought in 49 Ch. f., by Tramp - Nonplus's dam, 2 yrs, en gaged in the 1,000 gs Stakes and the Oaks, bought in Ch. f., 2 yrs, by Whisker - Bigottini, bought in 61 Leopard, 2 yrs, by Theodore - Young Peturia by Rainbow. In the Derby, Air. Meynell 99 Bay c., 2 yrs, by Anticipation, dam by Don Cossack 26 Brown c., 2 yrs, by Master Henry, dam by Partisan, granddam by Sorcerer - Sister to Rockingham In the Derby, bought in 49 Bay yearling colt, by Swiss, dam by Prime Minister, granddarn Lady Ern. In the Derby, 1831 lOO Ch. yearling colt, by Tramp - Redlock. In the Derby, 1831 •• Woodbine, sister to Fortuna, - Partisan, Mr Willis lOO Bigottini, by Bigot, dam by Sir Solomon, granddam Queen Mab, Sister to Mercury by Eclipse, bought in 59 Brown mare, by Don Cossack - the darn of Landscape (Rowton's dam.) Count Bathiany 5O THE PROPERTY OF LORD EXETER. Bay f., 2 yrs, by Caton - Miss Cantley. In the 200 sovs. Stakes, First Spring. D.M. Six sub scribers, bought in Bay c., 2 yrs, by Tramp - Miss Caton. In a Sweepstakes of 109 sovs., h. fr. R.M. Tuesday Craven Meeting. Three subscribers ; and a Sweep- 0. stakes of 100 sovs., 60 ft. Last mile and distance of 8.C., IS3O. Mr. Meynell 36 Pera, 3 yrs, by Sultan - Advance, bought in Father Long Legs, 4 yrs, by Filho - Advance, bought in Enamel, bought in 490 FRIDAY'S RACES. 11atch-25, sous. T. Y. C. Mr. Weatherley's c. by Bustard or Ivanhoe, Sst. 7lb Mr. Pettit's Deformity, 84. 41b., off by consent. Match-1100 sovs. li. ft. A. F. Lord Worcester's Maresfield, 9st. (Robinson), and Duke of Portland's c. by Tiresias, - Ambiguity, Sst. 41b. (Condi)) ran a dead heat, after a severe race. 11 to Son Nlaresfield. Match-100 sots. T. Y. C. Lord Worcester's Juryman, Bst. 21b. (Robinson), and Lord Chesterfield's Carthusian, Bst. 71b. (Arnull), ran a dead heat, after a race of extraordinary severity. 6to 4 on Carthusian. Match-100 sovs. h. ft. B.C. Bst. 71b. each. Mr. Greville's Varro (J. Day), beat Sir M. Wood's John de Bart (Buckle), by two lengths. 6t04 on the loser. Match-100 sovs. D. M. Lord Worcester's Juryman, Sst. 21b. (Robinson), 1;eal the Duke of Portland's Harlequin, Bst. 101 b. (J. Day) cleverly. 2 to 1 on the loser. _ Match-50 sovs. T. Y. C. Sir M. Wood's Rosary, Bst. 21b. (Buckle), beat the Duke of Portland's Caller, Bst. 71b. (J. Day), in a canter. 7 to 4 on Caller. The Audley End Stakes of 30 soya. each. A.E. C. Duke of Rutland's Cadland Lord Chesterfield's Zinganee Sir M. Wood has bought Cetus for 3,000 guineas. HUNTING INTELLIGENCE. APPOINTMENTS FOR THE ENSUING WEEK. His Majesty's Stag Hounds, on Monday, at Welling ton-bridge, Virginia-water ; and Friday, at New Lodge, Winkfield—at Half-past Ten. Sir John Cope's Hounds, on Monday, at the Bottle, Oakingliarn ; Wednesday, at Short Heath, Sulhamstead ; and Friday, at Compton—at Half-past Ten. Captain Freeman's Harriers, on Monday, at Childrey Fuize Tuesday, at Chilton Pond ; Wednesday, at Church Dianny Field ; and Saturday, at Clanfield—at Eleven. Sir Richard Sutton's Hounds, on Monday, at Glen worth ; Tuesday, at Sudhrook-house and Kenwick Thorn Bar ; Thursday, at Saxilby and Barrell Village ; and Sa turday, at Clay Bridges—at Eleven. The Cambridgeshire Hounds, on Monday, at Caxton Gibbet ; and Friday, at White Wood—at Half-past Ten. The Puckeridge Hounds, on Monday, at Hacle End ; Wednesday, at Wadesmill ; and Saturday, at Aston Bury. The Royston Harriers, on Tuesday, at Royston ; and Thursday, at. Wallington—at Half-past Ten. The Cottesmore Hounds, on Monday, at Clipsham Woad ; Tuesday, at Tilton Wood ; and Thursday, at Uffington Wood—at a Quarter before Eleven. Lord Yarborough's Hounds, on Monday, at St tiling borough Hall; Wednesday, at Thonock House; Friday, at Wootton House ; and Saturday, at Ludborough—at Eleven. The Brighton Harriers on Monday, at Patcham; Wed nesday, at the Race Course ; and Friday, at the Dyke—at Half-past Ten. The Brookside Harriers, on Monday, at Newmarket- Hill ; Wednesday, at Asheombe, the alternate Wednesday at the Kennel ; and Friday, at Telscombe Tye —at Half past Ten. - Mr. Wick.ted's Fox Hounds, on Tuesday, at Boar's Head, Walkerton; and Friday, at Checkley Village—at Half-past Ten. The Cheshire Hounds, Monday, at Sandiway Head ; Wednesday, at Ox Hayes Farm ; Friday, at Duddoa Heath ; and Saturday, at Highwayside—at Ten. I Mr. Meynell's Hounds, on Monday, at the Flourish; Thursday, at Morl•y Turnpike; and Saturday, at Mark eaton—at Half-past Ten. The Conoek Harriers, on Monday, Beckham' Furze; and Friday, at Imber Furze—at Eleven. The Kempstone Hounds, on Monday, at Mr. Wright's, Rougham ; Wednesday, at Sporle Mill; and Friday, at Norton Hall--at Eleven. Sir Jacob Astley's Hounds, on Monday, at Duker's Bridge ; and Friday, at Guist Bridge—at Eleven. SPIRIT OF THE PUI3LIC JOURNALS. By the last accounts from Ireland, the dread-• ul Cork trials were proceeding ; and whatever !nay be the issue of them, as concerns the ma jority of the prisoners under prosecution, it la beyond all question, as we presume will be ge nerally admitted, that a conspiracy does or did exist, more cold-blooded and systemath in its fierce atrocity than has at almost any period within our recollection been brought under thq cognizance of justice. The feature of this whole body of transactions, which appears to be most characteristic of the scene and people,✓--that is, f the social state of Ireland,—seems to be the pen, and as it were instinctive confidence, N7ith which a conspiracy to murder men belonging to ine class of the community, is carried on in the presence, and with the apparent knowledge, of all whom chance may bring across the con spirators, provided they are members of the other great division,—namely, that which is not gentleman. The men who were con victed in the first of these trials, and (as is alleged at least) those with respect to whom a difference of opinion existed among the Jury on the second, were mad enough—so would they be considered here—to administer and teke oaths, and sign their names to papers, and baud those papers about from one to another, with out even affecting apprehension or concealment, in public-houses and tents, where a thousand eyes and ears might witness, and a thownind memories register, their proceedings,—proceed' ings, the least criminal of which, if proved, would inevitably condemn the parties whom they implicated to the gallows. There is no illustration on record more palpable than that afforded by the trials now referred to, of the utterly disjointed, or, rather, un-united condi tion of the portion of mankind, who, from simul taneously inhabiting Ireland, have been for many ages miscalled the " Irish nation." There is, alas ! as yet no nation in that extraordinary land. There are two races,—two vocabulaiies,— two series of traditions,—two creeds,--two sys. tems of public opinion,—two codes of jurispria dence,—two standards of public good. Oi these several points,—and they are fundamenta points in the form and growth of nations,—the Irish gentleman and Irish peasant do not merely differ, they contend. The policy of those who for centuries governed Ireland, and the passions of those on whom the Government operated, have displayed a perpetual re-action : and the result is, that separation has widened into ac. tual warfare. In such circumstances, it has been taken for granted, so far as we can judge from the evidence on various trials, and above most others on these now under our view, that any individual of the lower orders of Irishmen who could feel another sentiment than that of sym pathy with the most desperate scheme of pillage or bloodshed against one or more of the class of gentry, would be a traitor so abominable, a mon ster so unnatural, as in few or no instances to suggest to the conspirators any fear of his ex posing them to the law. It appears from the testimony of one of the witnesses on the trial of Conners and his associates at Cork, that no crime could be laid to the charge of Mr. Low but his being an active Magistrate,— active in the defence of life and property ; which was construed by the banditti of conspirators into his being " busy in hunting after people:' For the very poorest description of culprits, who conceive themselves to be sufferers under the actual distribution of property, it is easy to ima gine that he who protects that property will share their hatred with the law which he en• forces. But for Leary and Conners, what mo tive can be assigned ? We answer, deep-rooted and irresistible habit, ripened from infancy to habit and old age, which has formed within them an abstract feeling of disaffection towards that order to which their parents and kindred were brought up with similar antipathy to theirs. What, however, we ask, must have been the conduct of that order which has engendered such deadly hatred ? Conners, it is said, inhabited a slate-house, a rare kind of resideme in the country parts of Munster for any one under the rank of a proprietor of land. It is alleged, how ever, that if in some cases there are peasants who can be bought over or frightened into evidence against their brother criminals, so are there persons in the rank of " gentlemen," who can, from motives of equal baseness, be induced to betray their station, and even to violate the law, by truckling to the midnight ruffians, supplying them with shelter, and paying them wages for labour, being con scious all the while of the crimes they meditate and have practised. If such men there be, we trust they will not soon forget the lesson which was read them by the Solicitor-General, and that they will henceforth transfer their fears from the law-breakers to the ministers of the law. The Court on the last trial exhibited a curious seer': The Jury were all, but a single individual, agre•'.c as to the guilt of three among the prisoners, aril the dissentient juryman, who, it seems, did in I credit one word of the evidence, complaincs". that his eleven fellows were " so obstinate," they would not come in to his opinion. The probability at the close of the last accounts was, that the health of some of the Jury would give way, and that the three prisoners under trial would be remanded for a second prosecution. However, the dissentient juryman bids fair to he die most popular individual in the county.— . Times. Our report of the proceedings yesterday at the New Court, Old Bailey, furnishes a striking in stance of the absence of discrimination in Cri minal Procedure previous to trial. It appears that two boys—one of them about twelve years of age, of genteel appearance, and the other about two years older—were sent to trial at the Old Bailey by Mr. Griffiths, of the Marylebone office, for the heinous offence of making too free in open daylight with a couple of fowls, with a view to a fight. The trial was not pro. ceeded in, on account of the disgust and indig nation caused by the appearance of boys of so tender an age in such a place. But they have been subjected to imprisonment as felons, and exposed to the contamination of Newgate. In vain we complain of the increase of criminals, if we break down in this way the barrier between crime and juvenile indiscretion. The offence of taking fowls for fighting, or any other pur pose, ought, of course, to be punished ; but a proportion ought to be observed in every thing. Our prisons, of the crowded state of which we hear every day such loud complaints, ought not to be encumbered with infants ; Courts and Jurors ought not to have their time wasted with trifles. Is there no way of guarding *nst the perpetration of these judicial abuse - outset ? Why was a power of summary ; cp tion lately gi ven t o M ag i stratea l - 4? doubt, the easiest way of dispatching • , • . -