The Sun. — London, England, 1848-03-15 00:00:00

:Vo prevent crime; but he should go at once to fresh distinguished contained in reports, of some of the most I . nguished practical lawyers in this country. He would take the second report of the Lords' Committee rsCriminal Law. It did appear strange, that , ehilat thigreat question had made progress in two of the b ' s e t s of America, was acted upon in the Grand Prussia of Tuscany and in Baden, was in balance in "sin, and almost adopted in Bavaria and, be be• lje l, in Belgium, and in Sweden was under discussion with a view to the abolition of the punishment of death, it should have been treated of so shortly, so suc cinctly, and so lightly, as in four lines of this report. B:t what did t h ose f our li nes say? " Respecting the Pedien c y of abolishing capital punishments we have loUnd scarcely any difference of opinion ; almost all the wi tnesses agree in opinion that, for offences of the (treat kind, the p unishment of death ought to be re . mined." In that second report he found only four wit „ifs_ses out of a larger number to whom the t question had 1 71 1 Suggested. Mr. Baron Platt and Mr. Sergeant t . °llea' were of that opinion ; but the Lord Chief Jus• _ L e° of the C ommon Pl ea s said, " This question involves rsiieretions muc h too grave to warrant a hasty opinion, ;Your great ma y be the objections to the punishment death, and, in my opinion, they are very great." He f r ~.‘ord Nug en t) was awa re of the difficulty and delicacy of Putting a ques ti o n as to the abolition of the punish• went of death to a witness about to take his scat upon l u ne bench. A judge could not be fairly asked his orautou sash a eibject when he might be called immediately afterwards to act in opposition to it. But, in the first e . ?Port, j u d ges h a d g i ven their opinions, and much er trea opinions. Justice Coltman said he was disposed to think that imprisonment for life, without any for capital of a remission of the sentence, might be substituted capital punishment. The Learned Judge further said, that he did not think the apprehension et' the punish- Meat of death operated much upon the minds of men who e° lteuiplated the commission of the crime. Lord Chief `Tuni c* Denman said, "I have not sufficiently considered Th e question to be able to offer any opinion upon it." This answer showed the discretion, straightforwardness, and honesty of the Lord Chief Justice ; he felt the question to be an important one, and he declined to give an ° Pioion upon it. The opinion of Mr. Justice Wightman was also one which ho might cite—it was not so stroug h ad the punishment of death as those to which he °ad previously referred; but it nevertheless was clear and decisive. In the evidence appended to the first report there was the evidence of eight persons holding high judicial offices , and yet, disregarding the opinions °I those eight eminent persons, the Committee ventured to tell the House they had scarcely any difficulty in declaring that the punishment of death could not be re !axed. Looking then at the known humanity of the Judges —looking at the mercy of the Crown, acting under Ms advice of his Right Hon. Friend opposite—looking at the mitigated severity which the influence of public °Pinion had effected, he still could not help observing that the best position in which the law could stand Would be that of bearing a character for certainty and sternness, marked however by mildness, and occasioning to the offender as little suffering as possible. Further he Would say, that the character of those ho administered t h, • law ought to be one of severe and w inexorable obe ' , lance to that law. At present the law was sanguinary, but the jud ge and the Crown were most merciful in its ad ministration. It was a trite and ordinary remark, very often made, that there must be something wrong in a system of legislation, when those whose daty it was to administer it :performed that duty with feelings of dis gust and horror. Judges were always in this country looked up to with the utmost reverence. The sheriff, Whos e duty it was to carry out the judgment of the court, was also a person of worship and of high autho• P ity; but the wretched hangman, the finisher of the law, Will a being with whom the veriest outcasts of society Would be ashamed to associate. So great was the shame attaching to the sentence of the law, that a cap was always pulled over the face of the culprit—the public were allowed to see one half of the punishment, but the lawgivers of the land were ashamed to let them see the other half. They even murdered the language for the Purpose of killing their victims. They talked of exe eutiag a man when they should have said killing him — they might execute the law, but they killed the man. sae would repeat, that the general feeling of mankind l 'as opposed to the punishment of death. When a culprit ap p eared upon the scaffold his crime was almost forgotten ; and it could not be denied that the legislators, the judges, and the executive authorities of this country had never taken any pains to render the criminal law either certain or uniform. Not a moment ought to he lost in at least rendering it certain. The principle of gambling ought at once to be taken out of it; and those who were really guilty ought no longer to be sustained bY the influence of public sympathy. His Right Hen. Friend opposite seemed to attach seine importance to she manner in which the punishment of death operated as an example; but then the supporters of the punish. meet very frankly admitted that it produced no good effect upon those who were the actual spectators of the dreadful scene called an execution; but that it had an indirect effect upon the population at large through the Publicity which newspapers gave to the history of such ' events. He confessed that he thought, if Hon. Members could offer no better reason than that in favour of this barbarous practice, they might surrender it without fur ther hesitation. He understood there was a penny thea tre—he believed in York—but, if misinformed respect ing the locality, he begged pardon of that splendid city— there could, however, be no doubt of the fact that there was a penny theatre in which the likeness of a man Was hanged, clad in the clothes—warranted to be really the clothes—worn by a person who had been hanged ; and, for the purposes of that drama tic execution, a man was employed to hang the -- effigy of the supposed culprit, warranted to be the same man who had hanged the original offender. The most awful consideration connected with this sub jset yet remained to be noticed, and he purposely re served it for the last; it was the irrevocable nature of • the punishment. No truth could be more evident or mere practically important than this, that an irrevocable Punishment was incompatible with the notion of a fallible tribunal. This was no fanciful hypothesis. It was a grim truth from which they could not escape. It ap ' Peered from the evidence taken by the Committee whose report he held in his hand, that recently one person in every three years had suffered capital punishment whose innocence had been subsequently proved; and that during the last fifty years as many as forty-one persons had been executed whose innocence had been discovered too late. It appeared that the lives of as many as five inno cent persons had been saved through the exertions of Mr. Sheriff Wilde (as we understood). Attention had re cently been called to the case of Michael Howard, in Lime rick, who had escaped by mere accident. Upon the Le gislature of England a deep and heavy responsibility rested,—a cry of innocent blood rose up against them. It was no forced gloss en the words " vengeance belongeth Unto God," to say that they formed a phrase of high im- Pontiac* in the present discussion. Vengeance belonged Alone to that tribunal whose decision could neither be questioned nor withstood. He well remembered that Members of that House bad often said murder could not be stopped without the aid of capital punishment ; but such Hon. Members were bound to show that no other punishment would be efficacious,—the onus probandi rested upon them. He conjured them to remember that "the responsibility (rested upon their votes,—that with them rested the great blood-guiltiness of delay. In the present age we looked back with horror and wonder at the severities practised by our ancestors, and the next generation would regard with equal astonishment the legislators of these times. He hoped, however, that the period was not distant when the punishment of death would be abolished, and he doubted not that, is five years from that time, the world would look back with infinite surprise at the present state of the law. He . Doped that the vote of that night would give the country as assurance that capital punishments would be speedily abolished.—(Hear, hear.) Sir R. H. INGLIS, though he rejoiced, at the re appearance in that House of the Noble Lord who spoke last, yet differed from him oh many points. Their attention bad been called to the opinions delivered by more than one judge respecting the punishment of death. He did not inquire who put these questions; he did not ask whether any one put them being himself a judge ; hut he thought that such interrogatories must have pro eeeded from one who had not well considered the respon sibility of the judicial character. It was to be remem bered that Scottish and Irish judges had given evidence on the subject, and their opinions were certainly in favour of retaining capital punishment in certain cases. They certainly were opposed to statutory changes in the law. Amongst the observations which fell from the Noble Lord, there was a complaint against lawyers for multi lating the English language. He was surprised to hear I scholar like the Noble Lord say that " kill" and " exe cute" might not be used as synonyms. The highest authorities bad so used them. Dryden had said— " Ohl Tyburn, could thou reason and dispute, Then couldst thou judge a well as execute." There were some, but he was not one of those, who sought popularity by saying that the punishment of death ought to be maintained for the sake of example. He believed that neither his Hon. Friend the Member for Dumfries, nor his Right Hon. Friend the Secretary of State for the Home Department, who deprecated the discussion of the theological branch of the question in that assembly, would shrink from the application of the argument in private life. Why, then, should they throw aside the argument which the Word of God would supply In legislation? His Hon. Friend said last year that the rigours of the Levitical law had been softened by the humanizing influences of Christianity. He (Sir • R. Inglis) contended, however, that God had not re • pealed that law which he gave to his own peculiar people, " Whoso sheddeth man's blood, by man shall his blood be shed ; " the reason assigned being, " for in the image of God created he him." It was not laid down that the end aimed at was the peace of society, the prevention of crime, or the reformation of the criminal, but the Seiiptures said that the shedding of man's blood required the blood of man, " for in the image of God created he him." He was aware that these were solemn and sacred subjects, but they only became improper for discussion when they were either referred to in an improper manner, or were received, which was certainly not the case in the present instance, in an improper spirit. From the earliest times our le gislation had been built upon the Scriptures. Refe rence had been made tc the horrible scenes which sometimes took place at public executions, but these scenes had no more to do with the punishment of death than the punishment of petty larceny. The punishment of death might be continued, though deprived of those characteristics of horror and incitements to vice which had been referred :to; by:the Honourable Member for Stafford. Of late years the infliction of the punishment had been much less frequent than formerly. He re collected the time when twenty-five persons were put to death, in one week. He did not desire to see so sun guinary a system perpetrated ; but, trusting that the law would be mercifully administered, as he knew it would be, he still believed that the sword had not been committed to the magistrate in vain. When the extreme penalty of death was nut required, lie was by no means SUN, LONDON, WEDNESDAY EVENING, insensible to the value of measures designed for the re formation of offenders. But the question of secondary punishment was like political economy; every man's hand was directed against his brother. Transportati( n. solitary confinement, secret confinement, were ail in turn applauded and condemned as secondary punishments. When his Hon Friend the Member for Dumfries pro posed to abolish the punishment of death, he ought to have stated what secondary punishment he proposed to substitute. His Right Hon. Friend had referred to a punishment inflicted in Russia, not nominally death, though practically terminating in death in the generality of cases. Would his Hon. Friend propose that as a substitute ? Would he propose perpetual solitude, or working in gangs in the streets in prison dresses? Thinking that no sufficient reason had been shown for the abolition of the punishment of death, he concurred with her Majesty's Government in resisting the intro duction of the measure. Mr. HUME said that crimes changed with changes of manners and characters. The Hon. Gentleman who had just spoken relied chiefly on the Word of God, but he (Mr. Hume) denied that any text of Scripture could be quoted giving authority to one man to teke away the life of another. " I will have mercy and not sacrifice," were the words of God himself. He also said, " Thou shalt not kill," a command which he believed referred to the taking of life as a punishment as well as to the crime of murder. He had never seen an execution but once, and then twenty persons were hanged together, for crimes which had been subsequently blotted from the statute-book as punishable by death.—(Heats) He believed that in all countries where life was held cheap by the public authority it was held cheap by the people. —(Hear.) Wherever executions were frequent reckless assassination and murder became matters of course. He believed that society had been better conducted under the amended system of punishment which began with Sir S. Romilly, and he believed that if he were alive now he would support the motion of his Hon. Friend. His representative, the Hon. Member for Devonport, said that all executions were evil, and yet they were defended as examples to society. It was well known that murders had been committed which had originated in the behold ing of public executions.—(Hear, hear.) He was opposed to execution' in private, because they would then be little short of acts of revenge. He believed that every execution was an injury to the State, and led to others of a similar nature. He would, therefore, support the motion of the Hon. Member for Dumfries. Mr. WOOD said that he had given a serious and early attention to the subject before the House, and he came to the conclusion that it would not be expedient to abolish the punishment of death for the crime of murder —a conclusion to which ho would not come if he believed that the taking away a man's life was unauthorised by Scripture. The sacredness of human life was the object they all had in view; but their feelings were likely to lead them astray as they viewed the subject from one point of view or the other. He thought that the vin dictive element of the punishment of death ought to be eliminated, but he had not heard a single argument against the right of the State to take care of all its citi zens in the dearest of their privileges, that of life itself. He thought that no method of preventing the crime of murder was so effectual as that of the frightful punish ment of death. There were two objects in punishment —the prevention of the crime, and the reformation of the offender. With regard to the punishment of death, the latter consideration was out of the question ; but with regard to the prevention of the crime, they did not merely prevent it for the sake of the class of persons by wham it was likely to be committed ; those who from want of education—and in that respect he feared they had much to answer for—(Hear,hear)--or from the bad example of their parents were prone to crime. They had, then, to consider what mode of punishment was most likely to deter them from crime. He feared that those who were disposed to commit the crime of murder would nut be open to other influences than those of terror and punishment of death. And it seemed to him to be perfectly consistent with the most earnest love of man to deter 'him from the commission of crime to which an evil disposition might lead him by the prospect of such a punishment. One of the three greatest poets of the world, Dante, made one of the condemned souls say— "l was created by Almighty power, The highest wisdom and primeval lore." He would not say that those who supported the motion were actuated by a morbid humanity, but he believed there was amongst a large portion of the community a revulsion of feeling—the effect of their former severe criminal code—which now shrunk from what appeared to him to be a lawful, proper, and consistent mode of punishment. He believed that an increase of crimes followed where the punishment was removed. Captain Maconochie stated, that after twelve executions had taken place in New South Wales of bushrangers who had com mitted crimes attended with murders, those crimes had ceased, and the remedy had been effectual. It was a re markable proof of the efficacy of the punishment also, that after the late executions in Ireland assassinations and murder had ceased in that country. There had been some very alarming instauces recently of public feeling upon this subject. Persons had been recommended to the mercy of the Crown whose offences were of a very heinous character. It would be probably said that the cause of this was the harsh character of the punishment. He believed, on the contrary, that it was not the harsh ness of the penalty, but the publicity given to the execu tion, which raised the sympathy of the public. The proper course would be for the criminal to be taken from the bar, and never to be heard of again, save through the official communication that he had suffered the penalty of the law in presence of the proper officers. For these and other reasons ho had come to the conclusion, that it was impossible to support the Bill ef the Hon. Member, and he should consequently vote against its introduction, Mr. BRIGHT thought he was able to discover an in creased interest in the discussion on this subject within thu House, and ho thought he could venture to say that there was a very greatly increased interest in it out of doors. They had not been charged on this occasion with " morbid feelings" and " sickly sentimentalities." The Hon. Baronet the Member for Oxford congratulated Mr. Romilly with not having gone further upon this subject than his father did. He (Mr. Bright) should be glad to know what ancestor of the Hon. Baronet had equalled him in his political opinions. It seemed to him that this punishment of death proceeded on an erroneous idea of what were the feelings of people likely to com mit crimes. The threat of eternal punishment, which was sounded every week from 20,000 pulpits in this country, did not deter from the commission of crime: how much less, then, could the threat of punishment by deathldeter?—(Hear, hear.) Let the House really ask themselves what the threat was. If they looked over newspapers at the time of the assizes they found people condemned to death for very unequal offences. They would also find that people were sometimes even ac quitted on the ground of the harsh nature of the punish ment. There were several cases in proof of his last position. The case of the two sisters, Seeley, tried at Taunton, for poisoning their own relatives, was strongly in point. In another case, that of a man who murdered his fellow-servant at the Guildhall Coffee-house, sheriffs and aldermen came forward to intercede for the mur derer. Alderman HUMPHERY—No. No aldermen. Mr. BRIGHT—There was another case of the mur derers of Lord Coventry's gamekeeper; and even at the last assizes, several murderers were respired, in conse quence of the general feeling of the public against punishment by death. He was not calling in question the justice of exercising the royal prerogative in these cases; he looked on every respite that issued from the Home-office as a further indication of the power of the people upon the subject. Even with respect to the most recent case in whieh,the prerogative had been exercised, he had only that morning received a letter from the brother in-law of the murdered soldier, who declared that among the friends of that unhappy man there was the strongest feeling that the last punishment of the law ought to be averted from the culprit, and that they were most ready to sign a petition to the Crown, praying for a mitigation of the penalty.—(Hear, hear.) Well, then, it was clear that it was quite impossible for the Govern ment to carry out the laws. It was in the power of any single juror to defeat the law; it was in the power of any humane individual to arouse so much public feeling in any particular case as to place any Home Secretary who carried out the law in an awfully responsible post • tion. But the argument which weighed with him most upon this subject was the necessity for strengthening the public reverence for huma❑ life and its inviolability. Did capital punishment weaken or strengthen that feeling of reverence?—(Hear, hear.) lie believed it was most important that Parliament should abandon this punishment rather than that juries and the people should themselves virtually put a termination to the practice. Mr. F. O'CONNOR having bad considerable experi ence—(Loud laughter)—in the operation of the criminal law, was desirous to offer a few observations. It was his conviction, in opposition to what had been just said, that the public would never tolerate the practice of ac quitting murderers clearly convicted upon the evidence of witnesses, merely because of the punishment to which the I party might be subjected. As far as the punishment of death went, it seemed to him that great reforms were already being made. There was now, in the power to convict of manslaughter, an opportunity of ending a man guilty under circumstances of extenuation. But whilst regarding with sympathy the fate of the murderer, let them take care they did not render the life of the public less secure. With regard to what had been said in favour of secret executions, he hoped the country would never again hear of such a proposal. Mr. G. THOMPSON extolled the motives of those who petitioned this House in favour of the measure now proposed for their adoption. He contended that no one not possessed of the infallibility of judgment, solely vested in omniscience, should dare to wield the sword of omnipotence. Mr. DRUMMOND observed that the argument de rived from the fallibility of human judgment mi . ;ht, to more or less extent, be directed against the infliction of any punishment whatever. He contended that there was no fear so effectual for the repression of great crimes :as the fear of death. He strongly deprecated the mawkish sentimentality which had been growing up on this subject, and which was encouraging jurors to violate their oaths and to abandon their duty to God and man, by a preposterous sympathy with all the rogues who were brought before them. Mr. NAPIER said that every portion of our law, as it existed, manifested the tenderest care for the life of man, the utmost caution that, without the clearest evi dence of deadly crime, no life should be sacrificed; but the existence of such crime being proved to the judg ment of those called upon to try offences, there could be no real doubt that the Divine Word delegated to man the punishment of crimes committed against man, and that this punishment might be extended to death in those eases for which Divine and human law assigned that last penalty. Mr. BROTHERTON, who spoke amidst loud cries of " Divide," protested against the question being argued .a the ground of expediency. He contended that as PARLIAMENTARY DIVISIONS. From the Votes and Proceedings of the Haase of Cooone.;a.) TUESDAY, MARCH 14. PUNISHMENT OF DliATi - f. Motion made, and Question put, " That leave be given to bring in a Bill for the total repeal of the Punishment of Death." The House divided:— MINORITY—AYES, 66. Adair, Hugh E. Hall, Sir B. Pilkington, James Aglionby, H. Headlam, Thomas Power, Dr. Alcoa, Thomas Henry, Alexander Power, Nicholas Barnard, E. G. Heywood, James Raphael, Alexander Birch, Sir 'Thomas Hindley, C. Robartes, T. J. BORrillf, Dr. Hodges, T. Twisclei Roche, E'. B. Bright, John. Hutne, Joseph Salvrey, Colonel Brotherton, Joseph Hutt, William Scholefleld, William Callaghan, D. Jackson, William Sidney, Thomas Clay, James , Keating, Robert Smith, J. Benjamin Cobbold, John C. Kershaw, James Strickland, Sir G. Cobden, Richard King, Peter John Tennent, .J. Cowan, Charles Lennard, I'. B. Thompson, Colonel Crawford, W. S. Lushington, Charles Thompson, George D'Eyncourt, C. T. Meagher, Thomas Thornely, Thomas Divett, Edward Masterman, John Telmer, K. Duff, George S. 31ilnes, R. M. Walinsley, Sir J Duncan, George Mowatt, Francis Wawa, J T. Fagan, William Muni*, G. F. Williams, John Fagan, James O'Brien, Timothy Fox, W. J. O'Connor, Feargtts Greene, John Pattisou, J. Grosvenor, Lord E. I'echell, Captain TELLERS. Ewart, William Nuiumit, Lord MAJORITY-NOES, 122. Alxiy, T. N. Forbes, William Morris, David Adair, R. Shafto Fordyce, A. 1). Napier, Joseph Adderley, C. B. Gladstone, W. E. s.rreys, Lord Anson, Colonel Goring, Charles O'Brien, Jobs Ansley, Thomas C. Greene, Thomas O'Connell, M. J. Armstrong, R. B. Greufel , Charles W. Paget, Lord A. Arundel, Earl of Grey, Sir G. Paget, Lord C. Baggu, W. Haggitt, F. it. Palmer, Robert Barrington, Lord Hamilton, G. A. Parker, John Bellew, K. M. Ileathenat, John Patten, J. W. Berkeley, Captain Heathcote, G. J. Mot, Sir R. Blackall, S. W. Ideathcote, Sir W. Pinney; W. Blackstone, W. Ileneage, G. 11. W. Rice, E. It. Blakomore, it. Henley, J. W. liomilly, John Itouverle, E. P. llildyard, R. C. Bushout, Captain Boyle, Colonel Hildyard, T. E. T. Sandal's, Georo Brockman, E. D. Hodges, T. L. Seymour, Lord hlunbury, Edward Hope, Sir J. Shell, It. L. Burrell, Sir C. Hope, Alexander Sibthorp, Colonel Burrinighe., H. N. Howard, C W.Q. Somerville. Sir W. Busfeild, W. Howard, E. G. Stafford, Augustus Campbell, W. F. Humphery, Ald. Stanley, B. J. CarovrAW. P. Inglis, Sir.lt. Stanton, `Y ;H. Chichester, Lord J. Jermyn,"Earl Strutt, Edward Clive, H. B. Jervis, Sir John Stuart, Henry Coke, Edward K. Johnstone, Sir J. Sullivan, Michael Colebrook., Sir T. Keogh, Willltun Thcsiger, Sir F. Coles, Henry B. Keppel, G. T. Tollemache, John Compton, H. C. Labonchere, llenry Verney Sir H. Conolly, CoL Langston, J. H. Vivian, J. E. Craig, W. G. Lascelles, W. 8. Vyse, R. H. Deering, John P. Lewis, G. C.l Walter, Joha Drummond, Henry Mackenzie, W. F. Ward, H. G. Duacuft, Johnll M`Naghteis, Sir B. We.ethead, J. I*. Dundas, Admiral Megan, W. B. Whitmore, T. C. Dundas, George Maitland, Thomas Wilson, Matthew Du Pre, C. G. Marshall, William Wood, Sir Charles East, Sir J. B. Matheson, Colonel W•od,.W. P. Elsrington, Viseoant Melgund, Tlscoant Edwards, Henry Meux, Sir Henry MUMS. Evans,'Wllliam Mitchell, T. A. Tufnell, Hoary Farrer, James M•rpeth, Viscount Hill, Lord M. TO THE SECRETARY OF THE BRADFORD REFORM ASSOCIATION. Sir,—On Monday, at midnight, the three per cent. income-tax for three years was passed by 363 against 138. And now I will go over some of the ground again ; because I seem to have gotten a clearness on one point I never possessed before. I think by the favour of Lord George Bentinck I see to the bottom of the fallacy so often presented to us, in the shape of the assertion that duties on foreign produce are paid by the foreigxer. Suppose the case of corn. A duty of Bs. is proposed on foreign corn. The effect of this is to raise the price to the English consumers, by Bs. above what the corn can be brought for into a British port, and consequently diminish their demand for foreign corn. But at the same time the price of corn in the foreign markets will fall in consequence of this diminished demand, by pos sibly 2s. So that the argument is, "Go with out foreign corn, and you will be asto nished to see how cheap it will be in foreign ports. Pay 6s. more for your corn, and never believe us again, if the price does not fall by 2s. abroad." And so in the opposite case, where the proposal should be for taking off a duty. The argu went to us then is, " Never think of taking off 83.; for do not you see you would get so much corn as would make it rise 21. in the foreign markets, and what IN ill become of you then ?" But this is not the whole. All duties on foreign produce, whether avowedly so designed or not, have the effect, directly or indirectly, of raising the price of some commodities of home growth, and so far giving them an artificial price. And the great secret of free trade,—which Leagues and lecturers have not attained to making familiar to the public, because the adversary gave way before they were brought to the necessity,—is that all that is over-paid under the operation of an artificial price, is so much clear loss to the community when all men's gains and losses are thrown into botch-pot. If laying duties for the sake of enjoying the fall of price arising out of not buying, was insufficiently proved absurd before, this seems to finish with it. And it is of the more importance, because even in the present debate the Minister could not help letting out, that he had a lingering affection towards a fixed duty, founded on: the cheapness of foreign corn which would arise from not getting it from the foreigner. On Tuesday the principal subject was th© motion of Mr. Ewart, to bring in a Bill for the Total Abolition of the Punishment of Death. The question has evi dently made a stride. There appeared a universal understanding that the dispute was confined to the application of the punishment of death to murder. A east variety of arguments were advanced on both sides; among which sufficient prominence was not given to the single question on which the decision will ultimately be made, which is whether the fre quency of murder will be greater or less under the ap plication of some other punishment than death. If it can be shown from experiment to be less, the statesman or man o f any kind, must in a ,Noble Duke's expres sion " be mad," who would dream of resisting the alteration. One argument which I am surprised none of the speakers urged upon the House, is in the feet that the period has arrived when the Govern ment is virtually unable to i n fli c t the capital punish ment. Two notor i ous cases occurring within a few days, wi▪ ll immediately present themselves. Both were the cases o f women , w h o acting under the furi▪ ous excitement which seems to be connected with the abandonment of the decencies of their sex, executed assassinations of the foulest kind, i n g ratification of the ir rage against men with whom they were living i n dishonourable commerce. One of them murdered two children, by way of avenging herself on the man who had forsaken his own wife for her society ; and so strong was the sympathy of what calls itself the public, for this peculiar com plication of murder an d a d u lt ery , th a t it w as not without difficulty the Government was able to carry the existing law into effect. The other case was also of a woman, of the class of female servants, who having formed a coarse and profli ga t e connex i on with a private soldier, or if the e rs,found evidencem"' be trusted, with several herself coarsely and profli gatelyrprpivoarttes treated, and thereupon made herself a heroine of low romance, by in the public street blowing out the brains of the silly and reckless lad with whom she had connected herself. There was no touch of virtue about the whole ; no seduction, no breach of promise of marriage, nothin g which could distinguish it, except in degree, from any of the freaks of un happy women in the streets with which the police have hourly to contend. B u t there was enough to a ttract the sympathisers ; and it is probable that by this time a feather of the bed the murderess slept on is selling at 110 inconsiderable price. The G ov ernment was obl i ged to give way ; the tide of public dislike to capital punishment, added to the in terest taken by those who delight in seeing a woman jump through a hoop or shoot a guards man, was too strong for it. Nobody can, after this, be put to death for murder. Is it not, therefore, high time that the Government should disembarrass itself of a punishment, which it can only inflict by permission of the frequenters of the minor theatres ? And if the usual crop of im itation crimes shall follow, will not the Government have itself to blame, for having refused attention to the su bj ec t till th e power was wrested from it by a stronger than itself ? On the present experiment, the motion was nega tived by 132 against 66. I am, Sir, your obedient servant, T. PERRONE. THOMPSON. Blackheath, London, March 15, lilac lIBMINIICINCES OF PRINCE TALLEYRAND, BY HIS PRIVATE SECILLTARY.—The new Revolution in lirance has increased the interest which had already been ex , cited by the appearance of th is work . It has been justly observed that " Talleyrand Siw so shut up in diplo ma, that maeies, had acted so many p arts in h is day, had shared foreigners triumphsandre w ie e r r e e e L eager for revelations and was so conspi cuousinso an in all, about his private history and his state-craft as his own countrymen. He lived to so great an age, too, and had seen such changes, dynastic and complete, pass over the face of France, that he acquired during his lifetime an historical reputation. He was a man of the past as well as the present; had literally passed through the ordeal of two or three posterities—(for what else were the suc cessive epochs of the Revolution, the Convention, the Consulate, the Empire, and the Monarchy of July?)— and lived to find his actions in each of the great phases of the age discussed with as much gravity of freedom as if a century had already removed him from the scene.' —Atla s . The extracts from Prince Talleyraud's manu scripts, c‘pinions, and political writings, appended to these reminiscences, will be found not the least curious part of this work. PROPERTY ANT , INCOMII TAI.—We observe, by the votes of the House of Commons, on the motion of Dr. Bowring, a return has been ordered for a copy of the charges preferred to the Board of Stamps and Taxes by the late clerk to the Commissioners of the City of London, acting ruder the Property and Income Tax Acts, against the Surveyor of Taxes for the City of Lon don ; also, for a copy of the Minute of the Board of Stamps and Taxes in reference thereto. The Prussian Government has forbidden the export of horses from the territory of the German Customs League. man had no power to give life he had no right to take it away. Mr. MUNTZ remarked that the very worst use you could make of a man was to hang him.—(A laugh.) lie was influenced by no morbid sympathies. If he found a man breaking into his house he would shoot him.—(Great laughter.) But that was a very different thing from hanging a man in cold blood. To justify hanging you must prove that it prevented crime. And there was no proof that that was the result. It was far better that one thousand guilty men should escape than that one innocent man should be hanged, and they also knew how fallible juries were, and that innocent men had often been convicted on circumstantial evidence. Except in the case of punishing by death, they might in some degree remedy the injustice of a false conviction; but if they hanged a man they could not unhang him. Ho knew what it was to be tried by a jury. He had been once tried by a jury for an offence of which he was as innocent as the Speaker of that House—(Hear, and a laugh)—and yet that jury had determined before hand to convict him, and would hare done so but for the charge of the Judge. Mr. E WART shortly replied, and the House divided, when there appeared— For the motion 66 Against it 122 Majority —s6 COMMITTEE ON MILITARY EXPENDITURE Sir H. VERNEY moved an instruction to the Select Committee on the Navy, Army, and Ordnance Estimates to consider whether the character of the nary and army might not be elevated by the more frequent employment of discharged sailors and soldiers, who are duly qualified, in subordinate offices of various public departments, for instance, in the Customs and Excise, offices under the Admiralty and Horse Guards, dockyards, victualling yards, arsenals, &c., so that additional prospect of re ward fur meritorious conduct might be held out to sailors and soldiers, and that during their employment a portion of their pensions might be saved to the country. Whether means are afforded to the troops for spiritual and moral instruction, particularly to those on active service in India. Whether sufficient provision is made for the intellectual employment and instruction of soldiers in barracks. To consider the best mode of applying the proposed grant of 150,000/. for re-organ ising the militia, and whether that force appears to be the best that can be devised for the defence of the country in time of war. The CHANCELLOR of the EXCHEQUER did not think it would be wise to impose on the Committee the duty of inquiring into the subjects referred to in the motion, though he did not mean to say that the depart. ments to which they related might not properly turn their attention to them. Mr. HUME thought it was necessary the House should have some knowledge of the matters to which the Committee were really to turn their attention. The CHANCELLOR of the EXCHEQUER said the Committee was appointed to investigate this depart ment of the public expenditure. Sir H. VERNEY then withdrew his motion. KILLING OF HARES (SCOTLAND) BILL. Mr. MACKENZIE obtained leave to bring in a Bill to enable owners and occupiers of land in Scotland, having a right to kill hares on that land, to do so them selves, or by such persons authorised by them, without being required to take out a game certificate. REDUCTION OF SALARIES IN STATE DE PARTMENTS APPOINTMENTS. Mr. HUME moved an Address to her Majesty, that she will be graciously pleased to direct that in all ap pointments to office, in every department of the State, both at home and abroad, the appointments to be made subject to a reduction of salary and allowance, and even to the abolition of offices, if such be deemed necessary, after a careful inquiry into the state of the finances of the country, in order that in cases where such reduction of salary or emoluments, or such abolition of office be made, no claims for compensation be founded thereon. The CHANCELLOR of the EXCHEQUER did not think it advisable to address her Majesty on the subject, although he admitted that the spirit of the resolution was good, and ought to be carried out. He could only say that the rule is granting appointments in the Treasury was, that in any change which might result from any pending inquiry, no compensation should be given. Mr. HUME said hi would withdraw his motion if the Government would promise that that rule should be general. The CHANCELLOR of the EXCHEQUER could only speak of the department with which he was con nected. Mr. LABOUCHERE said that the Government did not at all object to the principle of the Honourable Gentleman's motion, as they considered it would be ex tremely improper of the Government to use their patronage so as to cause the least obstruction to any pending scheme of economy, but to its present form he could not consent. Mr. HENLEY approved of the motion, but thought that the best course would be to postpone it until the Noble Lord at the head of the Government should be present. Mr. HUME said be would withdraw it for the pre sent, reserving to himself the power of reviving it on a future occasion. Motion by leave withdrawn. BOROUGH OF HARWICH. Mr. BAGGE moved that a new writ be issued for the borough of Harwich in the room of John Attwood, Esq., unseated on the ground of bribery. Mr. BLACKSTONE opposed the issuing of the writ, on the ground that a special report had been issued by the Committee appointed to try the merits of the late election. He considered that the practices which bad for some time prevailed in Harwich, were such as loudly to call for the interference of the House; and that, at least in the present instance, nothing should be done until the special report and the evidence were in the hands of the Members.—(flear, hear.), Tho Hon. Mem ber proceeded to quote the evidence taken before Mr. Roebuck's Committee, more especially that of Mr. Bagshawe, the then unsuccessful candidate for the bo rough. That Gentleman stated that in the contest in which he had been engaged Mr. Attwood spent 6,0001., Sir D. Le Merchant 1,5001., and himself 1001. That about thirty voters had obtained Government situations, and that there were more Harwich people holding similar appointments than there were actually voters in the borough,—(Hear, hear.) He (Mr. Blackstone) considered, in the face of such testimony, and after the recent decision of the Committee, the House would de well to pause before it allowed the electors of Harwich again to exercise the franchise. He moved, therefore, as an amendment, that the. issuing of the writ be post poned until the 10th of April, and that in the interim the minutes of evidence taken before the Committee be laid on the table. Lord D. C. STUART supported the amendment. He wished that the House could devise some plan by which bribery and intimidation at elections ‘ might be done away with. Sir G. GREY said he had not been aware until that moment that the Harwich Committee had made a special report. He thought that the better course would be to postpone the issue ,of the writ (without fixing any day) until the evidence taken before the Committee should be in the heads of Members. Mr. AGLIONBY considered that the report of the Committee made out but a very weak case, for the vir tual disfranchisement of the borough. Out of 1,0 voters, the Committee had reported only one single ease of bribery. Mr. COBBOLD, as one of the constituency, vindi cated the general body of the electors of Harwich from the charge of bribery and corruption. The ATI ORNEY-GENERAL suggested that the evidence might be in the hands of Members to-morrow (this day) when the motion could be renewed. Mr. BLACKSTONE was willing to postpone his motion until the evidence was printed. Mr. BAGGE said, that seeing the feeling of the House, he should withdraw his motion. The motion was then by leave withdrawn. TREATY OF ADRIANOPLE. Mr. C. ANSTEY postponed the adjourned debate on the treaty of Adrianople until Thursday next. THE EXCISE LAWS. Mr. COWAN wished to put a question to the Right Hon. Gentleman the Chancellor of the Exchequer. Au expectation had been prevalent in the country that the Government•intended to enter into a consideration of the whole system of our taxation. He was afraid it was not now likely that the inquiry would be so general ; but he had some reason to expect that there would be a very material alteration of the excise system, and as there were so many persons interested in the existing system, he should be glad to hear what was the nature of the alterations which there was reason to expect, and when they would be likely to take place ? The CHANCELLOR of the EXCHEQUER said, he could only repeat what he had stated before Christmas upon this subject, namely, that the excise system was under consideration, and that he hoped in the course of the present session to be able to bring in a Bill to amend soree of the excise laws. The business before the House was, however, so pressing, that he could not state when it would admit of his doing so ; as to a general revision of the whole of our taxation, it was not practicable to attempt it at once ; the only practicable course was to take one subject after another. The other orders of the day were then disposed of, and ,he House adjourned at a Quarter past Twelve. Mr. Beuler's annual soiree is to be held this year at the Hanover-square Rooms, on Monday, the 20th inst., and his programme promises much amusement. The first part, consisting of songs and readings, his own humorous productions, is to bo by himself. The second part, a concert, will be by Misses Stewart, Felton, Mrs. Aveling Smith; Messrs. Sporle, Delavanti, Day, Lee, Small, F. Chatterton, C. Matthews, and Signor Cittadini. A third part, very attractive to many, may be calculated on from past experience, although not mentioned in the bill of fare, namely, quadrilles, &o. Therefor. if any of her Majesty's subjects who are afflicted with melancholy, ennui, the meagrims or blue-devils, will attend her Ma jesty's Concert•rooms on Monday next, they may expect an immediate relief, and to return home much better both in "mind and body. - A letter from Copenhagen says that it is the inten• tion of the King of Denmark to re•unitc himself in marriage with his second wife, from whom he was sepa rated some time since. The Queen is not indisposed to this reunion. She has been for some days at Berlin, with her relative, the Grand Duke of Mecklenburgh Strelitt. The mortality in Flanders continues .very great. At the commune of Minello Beke, which con • tains 8,500 inhabitants, there were in January and Feb • ruary 116 deaths, and only 17 births. The number of births at Brussels in Feoruary wore 421, deaths 304. Brussels papers, March 13. A LESSON READ BACYWARDS.—The Suffolk Chronicle says that two countrymen, who lately went to hear a lecture on the advantages of peace at Ipswich, were so much struck by the lecturer's account of the large sums which the Duke of Wellington has received for his military service, that they instantly went to a re ' oruiting sergeant and enlisted as soldiers. MARCH l5, 1848. AMERICAN NEWTS. LIVERPOOL, TUESDAY EVENING. By the auxiliary screw steamer Sarah Sands, which arrived at this port this evening, we have New York papers to the 29th February, inclusive, the Sarah Sands having made a most excellent voyage of fourteen days only from New York to this port. We do not find much additional news in the papers by this arrival. It is reported at Washington that the Mexican Treaty will be considerably modified before the United States Government ratify it. The provision of the project for the confirmation of Mexican grants of land in all the territory, including Texas, will be rejected. The protection of the Catholic religion by the United States will be re placed by a provision for free toleration. The pro posed boundaries will probably be confirmed, though it is understood there will be SOME opposition in the Senate. 'l'he treaty, thus modified, will be ratified and sent back to Mexico for the ratification of the Mexican Government. There is news from Mexico, via Vera Cruz, to the 13th of February ; there was yet no quorum of Con gress at Queretaro, but a majority of Deputies assem bled in the city are represented as approving the treaty. General Lane reached Mexico from Orezaba, on the 10th instant. It is 'said that both the state and capital of Oajaca, whither Santa Anna sought an asylum when so hotly pursued by General Lane, had refused any aid to the fugitive ex President. Luz Vega had been pardoned by General Scott. The American Star of the llth inst., published in the city of Mexico, contains the official announce went that the treaty of peace was ratified on the part of the Mexican Congress by receiving the signature of Signor Rossa, Minister of Foreign Affairs, on the 10th inst., which date it bears. A meeting of the deputies and senators who were in the city was held, but only twenty-four were present, and a majority of them in favour of peace and the treaty. The same paper says that Salta Anna had asked for a passport to leave the Republic, and that he re commends to his friends to yield up the contest with the United States, sue for peace, and establish a good government. Pena-y-Pena publishes a letter in which he states that the Government of Queretaro, in conjunction with General Scott, have resolved upon the imprison ment of Santa Anna, and thus remove the only obstacle which exists against the speedy conclusion of peace. There was considerable animation exhibited at Queretaro. Business was fast reviving under the general belief that peace was at hand, if not already concluded. The Mexican papers confirm the articles of the treaty in the matter of the cession of all of New Mexico, Texas, and Upper California, :on their part, and the payment of fifteen millions bonus aid five millions for our citizens' claims against Mexico by the United States. There is no commercial news of interest from New Orleans. The funeral of the late John Quincy Adams took place at Washington on the 26th; it was attended by the Senate and House of Representatives in state, and a vast concourse of people, and upwards of two hun dred carriages followed his remains, which were deposited in the Congressional vault. All the stores were closed and the public buildings hung with mourning ; every demonstration of respect possible being paid to his memory. On the day preceding the funeral his body, which had been embalmed, lay in state, and was visited by upwards of 6,000 persons, all attired in mourning. The Provisional Parliament of Canada met at Montreal on the 25th, and in the assembly, Mr. Morris, of the Opposition, was elected Speaker. COMMERCIAL.—There is no alteration of moment in the New York markets since the sailing of the Hibernia. The rate of exchange is quoted 110 to 110 k, and it is remarked that there are but few bills drawn by this opportunity. SPORTING INTELLIGENCE. WARWICK AND LEAMINGTON SPRING RACES.—TunsDAY. The Scurry Stakes of 5 son. cach,aud 20 added. Gen. tlernen riders ; 12st each. T.Y.C. Five subs. Skerratt's Bruce, 4 yrs (Mr. Rowland) 1 Clifton's Elimett Colonel Shirley's The Diamond Sir John Gerard's Helena ... ~, 4 5 to 4 agst Khondooz-7 to 4 eget Elimea—and 2 to agst Bruce.—Woi easy. Lord Strathmore weighed for Khondoos, but did not get to the post in time to start. The Trial Stakes of 10 sous. each, and 50 added. Mile course. Eleven subs. Mr. Thomas Parr's The Sponge, 3 yrs, 7st 1 Mr. Lillie's The Great Western, 3 yrs, 7st ... 2 Mr. Dawson's Liston, 3 yrs, 7st 3 The following also ran :—Lord Warwick's Lahore, 3 yrs, 7st (Oates) ; Llrd Strathmore's Sweetsauce, 3 yrs. 6st 121 b (Crunch) ; Mr. W. Gulliver's ch m, by Coro nation, dam by Middleton, 3 yrs, Est 121 b (Brookes) ; and Mr. Ilargreaves's Sunnyside, 3 yrs, 6st 121 b (J. Sharpe). 2 to 1 agst Liston-3 to 1 agst Sunnyside-5 to 1 agst Great Western-5 to 1 agst Sweetsauce—and 6to 1 ugst Sponge. Won by a head; Liston biaten a length. The Woodcote Stakes of 25 sovs. each, loft. for tyro year old colts, Bst 71b; and fillies, Bst 41b. Half a mile. Three subs. Mr. B. Green's Lammermoor (Wintrini;ham) 1 2 Sir J. Gerard's Betty Billings .., 4tol on Lammermoor. Won in a canter, The Willoughby Handicap of 20 soya. each, 1011, &c., with 50 added. Two miles. Twenty-two subs., 13 of whom declared. Count Bathyany's Master Stepney, 6 yrs, 9st 121 b 1 Lord llowth's Icicle, 5 yrs, 9st 121 b ... 2 Mr. Waller's Columbus, 6 yrs, lOst 31b ... 8 Kesheng, list (owner) —Cavendish, lOst 121 b (Mr. Davenport)—Cast-off, 9st 6lb (Mr. Clifton)—and Cora me-il-faut, 9st 61b (Capt. Little), also ran. Won by a neck. The Free Handicap of 10 sovs. each, h ft, and 26 added. One mile. Six subs. Mr. W. Smith's Master Downes, 6 yrs, (Brookes) 1 Mr. Parr's Marietta, 5 yrs, 6st The following also started:—Wanota, 4 yrs, 7st 91b —John Harris, 6 yrs, 7st 21b and Lady Lurewell, 4 yrs, 6st 81b. to 4 agst Lady Lurewell, S to 1 agst Master Downes, and 4to 1 agst Marietta. Woe by three parts of a length. The winner is objected to. The Mariners' Plate of 501., two miles, was won, in two heats, by Mr. Cowper's The Morsel, I Ist, boating Logic, list, and four others. The four matches for 200 sovs. each, h ft, between Captain Alleyne's The Nigger and Mr. Clifton's Mahmoud are compromised ; Mr. Clifton paying forfeit. BETTING ON THE COURSE. CIIZSTBR CUP. 95 to 1 nit Swallow--t fr 50 to 1 apt Cossack—t 25 to 1 art Blase—taken 1000 to 15agstMendicant—t 30 to 1 agst Jonathan Wild 1000 to 15 agst Sutlej—t 40 to 1 agst H Platoff c—t 1000 to 10 sgst Whitstone The weather was remarkably fine, the sport excellent, and the attendance numerous, embracing many of the leading supporters of the turf. The ground was hea►y. CARLISLE ELECTION. The nomination took place on Monday, at twelve o'clock, at the hustings erected in front of the Town Hall, and the number of persons present was upwards of 15,000, a concourse more vast than Carlisle had ever exhibited on any public occasion within recollection. The candidates were four in number, John Dixon, Esq., of Knells, who was unseated for having had a share in a colliery which had undertaken a Government contract ; P. H. Howard, Esq., of Corby Castle, who had represented Carlisle for seventeen years prior to the dissolution of the last Parliament, and was unsuc cessful at the last general election ; W. H. Hodgson, Esq., of Mushroom Hall, who was recent l y unseated ; and Dr. M'Douall, the Chartist orator. The parties reached the hustings a few minutes before twelve o'clock, each accompanied by a band of music and several flags, and at twelve precisely the Mayor arrived, and the proceedings commenced by going through the usual formula. The candidates were then successively proposed by their respective friends, and after they had themselves addressed the electors, a show of hands was taken. There were very few held up for Dixon, for Howard and Hodgson about an equal number, and for the Doctor a whole forest. The MAYOR declared the election to have fallen on Hodgson and M'Douull. A poll was then demanded. (From the Carlisle Journal Extra.) The polling commenced at eight o'clock yesterday morning, and for two hours went on slowly. It was evident, almost from the first, that in consequence of the lamentable division in the Liberal camp, that Mr. Hodg son's return at the head of the poll was almost certain. A considerable number of the Liberal party. in the early part of the day, divided their votes between Mr. Dixon and Mr. lloward, and this course of proceeding con tinued, with cc mparatieely trifling exceptions, until past one o'clock --many Loping, even against hope, that there was a chance for securing the two seats. But the " split" had done its work ; and it then became a strug gle between the Liberals for securing their respective favourites the seat. Many proceeded to "plump" for Dixon or for Howard, as the case might be. At this period Mr. Howard was 51 ahead of Mr. Dixon, and the further progress of'the struggle is watched with in tense interest. Bands of music and banners were paraded about all parts of the town, and the streets were much thronged by canvassers. and lookers-on ; but all went on in ex treme good humour. STATE OF THE POLL. TRIMS O'CLOCK. Howard ... ••• ••• ••• Dixon ... •• ••• —• . Hodgson ... ..• Iti'Douil ••• ... Howard's return is quite sire. ... 364 ... 279 ... 447 ... 44 ... 476 ... 414 ... 318 CLOSE OF TILE POLL, FOUR O'CLOCK. Hodgson ... Howard ... - Dixon ..• Millouall ... 51 lie• In our report of the case tried in the Secondaries Court on Friday, a mistake was made in the name ; it should have been "Whitaker," and not " Whitmarsh." ASSIZE INTELLIGENCE. i'VORFOLK ClRCUlT.—Bedford, March 14. CROWN COURT.—(Before Mr. Justice COLTMAN.) Luey Norris was indicted for the murder of her illegitimate female child on the 2d of July last. Mr. Worledge and Mr. Tozer conducted the prosecu tion; Mr. O'Malley was counsel for the prisoner. From the evidence it appeared that the prisoner, who is 22 years of age, and manages her grandfather's hou.tehold, at Hawns, in this county, had been keeping company with one John Geary, and that fact, coupled with suspicions occasioned by personal observations, in duced in elderly friend, one Mrs. Dunham, to put questions to the prisoner, in the month of April last, which she answered by admitting that she was about to become a mother. Her younger sister, with whom she was accustomed to sleep, was also aware of her situation, and that she had made up a small wardrobe for the expected infant. On the 2d of July it was observed that her figure had resumed, of a sudden, its former shape, but neither her sister nor any one else knew that, in fact, delivery had taken place. One of the guard ians of the poor, to whom these facts were com municated, thought it right to institute an inquiry into the matter, and Mrs. Dunham then again questioned the prisoner, who stated at once that she had been suddenly delivered of a living female child in the night precedine , the 2d of July, which had fallen on the floor, and died soon afterwards; that she had put a cap and petticoat on the body, and, after wrapping it in a cloth, had placed it in her box, whence on the next night she had removed it, and thrown it into the basin in Lord Carteret's park; and that she would have caused it to be buried in the churchyard, had she not been afraid that her father would hear of it. This conversation was subsequently reported to the constable at Hawns, who thereupon went to the prisoner, and drove her over to Lord Carteret's park, where she pointed out the part of the basin into which she had thrown the infant's body. It was removed, and examined by Dr. Hedley, a physician of eminence in this town, and Mr. Gay, a surgeon, since dead. Those gentlemen saw sufficient to convince them that the child had been born alive, and had died from a fracture of the skull : the present charge was thereupon preferred. The de position of Mr. Gray before the committing magistrates was read, and his opinion was that there were two frac tures of the skull, one on each side; that delivery in an erect position, or in any position that might cause an infant to fall eighteen inches, was impossible; and there fore that the fractures must have been occasioned by blows. Dr. Hedley, however, who was called for the prosecution, stated that there had been but one fracture of the skull, though it extended from one side of the head to the other; that delivery might take place in a position that rendered a fall of two feet or eighteen inches quite possible; and that if the prisoner had been suddenly delivered while in an erect position in her bedroom, the fall of the infant on the hard and rough bricks which formed the floor of that apartment might have caused the fracture of which it died. At the conclusion of Dr. liedley's examination in chief, Mr. Justice COLTMAN said that the charge of murder must be abandoned. It would be impossible to convict of such a crime after the evidence of Dr. Hedley. The jury must now inquire, according to the provisions of the statute, whether the prisoner had been gailty of an endeavour to conceal the birth of the child, by secretly burying or otherwise disposing of its dead body. Mr. O'MALLEY then addressed the jury, and pointed their attention to the evidence furnished by this case of the extreme importance of not convicting a prisoner on any testimony, whether of persons dead or absent, which had not been tested by cross-examination. But for the fortunate circumstance that Dr. Hedley had attended the post mortem examination, they would have been asked to convict on the deposition of Mr. Gay, who could not have been cross.examined, yet who, if cross-examination had been possible, would,:in all probability have assented to the opinion propounded by Dr. Hedley. With regard to t he charge of endeavouring to conceal the birth, such an endeavour was inconsistent with the previous confession of the prisoner, whose case ought to be treated by them, not as that of one who had had a lucky escape on a capital indictment, but as that of one indicted for an offence against a law which, however necessary, was both cruel and unnatural. Mr. Justice COLTMAN, in summing up, said that the question for the jury was, whether the prisoner, when she deposited the body of the child in the basin, had intended to conceal its birth from the world generally. It was no answer to this charge to say that she had made a confidante of Mrs. Dunham; but, on tke other hand, she would not be liable to conviction if her object had been to conceal the birth from one person only. Here the evidence was, that she had made preparation for the birth of the baby, and that she had said the person from whom she wished to conceal the birth of the child was her own father. If that was her only object in depositing the body in the basin, she ought to be acquitted. The jury returned a verdict of Not Guilty. The business of the Imlays for this county was brought to an end at twelve o'clock. MIDLAND CRUX IT.—Nottiptsautm, March 13. CRIMINAL COURT.—(Before Mr. Justice MAuLs.) Joseph Palma , aged 24, was placed at the bar, charged with having, on the night of the 17th of January last, broke into the house of the Rev. Charles Walter Hudson, at Saundby. Mr. Wilmore conducted the ease on the part of the prosecution. The prisoner was undefended. The prosecutor is the clergyman at Sanndby. On the night of Monday, the 17th of January, he had been sit ting up somewhat later than his ordinary hour, engaged in reading, when he heard a noise at one of the windows, and looking through he saw a man, though at the same time he must himself have remained unobserved. The prosecutor went round stealthily to the front door, and there saw three men in all. They were engaged in ex tracting a pane of glass. The reverend gentleman im mediately armed himself with a poker, and the moment one of the men had made an entry he knocked him down. Tho prisoner (for it turned out to be him) immediately rose, and attempted to make his escape by the window, in which attempt he was assisted by the men outside, who laid hold of him and attempted to drag him through the window. The prosecutor, however, clung to hit man, and was actually dragged through the window along with Palmer. The two men then commenced an attack upon him, beating him about the head, face, and arms, but all would not do, and they were obliged to quit the field, leaving their companion in the grasp of the enemy. The Learned JuDos was loud in praise of the intre pidity and courage displayed by Mr. Hudson, and in tes timony of his approval of his conduct, ordered the sum of 101. to be paid him over and above the expenses allowed him in the character of prosecutor. POLICE INTELLIGENCE. LAMB E TH. William Barrett, henry Rowe, Robert Archer, Thomas Walker, Henry Brown, Samuel Money, James Taylor, Anthony Finnaley, George Lewis, George Payne, Henry Davis, Thomas Howlett, William Nogdon, William Mile, and Samuel Morgan, the majority of whom were youths, were placed at the bar before Mr. Elliott, on a charge of having, with others, feloniously broken and entered the d w elling-house of Mr. Thomas Gray, a pawnbroker in Southampton-street, Camberwell, and stealing therefrom property to the amount of I,OOOL The prisoners were also charged with breaking into and rob bing other shops in the neighbourhood. I rein the evidence, which was taken at considerable length, it appeared that, between ten and eleven o'clock on the day before, the ship of Mr. Gray was attacked by a mob of 300 or 400 persons, many of whom were armed with formidable weapons formed from oaken palings, and others with hammers, he. They succeeded in forcing open the door and shutters, smashed the windows, and carried away property estimated at one thousand pounds. The prisoners, Maney, Taylor, Archer, Brown, and Payne, were particularly spoken to by many of the witnesses, as being armed ringleaders of the mob, and as taking an active part in breaking into the house and the robbery; and the whole of the prisoners, with the exeeption of Maney, had upon them a portion of stolen property in their possession. Mr. Benjamin Alfield, a tailor and draper, No. I and 2, Southampton-street, deposed that seeing the mob ad vancing towards his shop, he endeavoured to put up his shntters, but before he had time to do so, the people came up to him, pulled down the two shutters he had put up, and demolished his shop windows, frames and all. They also carried away with them a great variety of property from the shop, and destroyed more. One of the party, who was armed with a bludgeon, demanded his money and his watch, and instantly forcing his hand into his pocket, took out the contents, which consisted of six or seven shillings. The person who so robbed him was not in custody, but Taylor, one of the pri soners in the dock, stood close to him at the time, and he also recognised Maney and Payne as being also present. Mrs. Sarah Shaw, a chandler's;shopkeeper, deposed that the mob broke 17 squares of glass, robbed her shop of all the bread, cheese, and other things which it contained, and in the most wanton manner broke upwards of 100 eggs, and scattered a quantity of flour about thed several o pl f the a ce. This witness identified 'Taylor, Mangy, an other prisoners as having taken an active part in the outrage. grooer and cheesemonger, in Mr. John Kent , a Wyndham -street, Camberwell, said that about twelve o'clock on the day before a lawless mob attacked his house, dashed in its windows, and rushed into his shop. The prisoner Maney helped himself to the contents of the till, which consisted of about 111., and the others carried away a quantity of butter, bread, cheese, and other property; and not content with this, they destroyed a ivantity of fruit. Mr. Kent pointed out several of the prisoners as those who were amongst the crowd, and who took an active part in the robbery. Mrs. Elizabeth Guildford, the keeper of a chandler's shop, whose house had been broken into and plundered. idenified three or four of the prisoners who, she said, were the ringleaders, and took an active part in the robbery. Mr. Cressy and Mrs. Jameisen, whose shops had been broken into and plundered of a vast quantity of boots • and shoes, identified a portion of the property found upon the prisoners as theirs ; and the prisoners, after a lengthened investigation, were remanded for a week. --- We are happy to learn that Mr. Tait, Head- Master of Rugby School, is muck better, and that he is now in a fair way of recovery. CIIIESEMOWGIRe 131111111VOLENT meeting of the friends and subscribers of the above named charitable institution was held yesterday evening, at the London Tavern ; Edward Corderoy, Esq., in the chair. The report lamented the depression caused in the funds of the institution by the death of several valuable subscribers, and the unprecedented state of trade during the put year. The balance-sheet showed the receipts to amount, on the whole, with the balance in band from the preceding year, to Mi. 16s. 9d., and the expenditure only left a balance of 21. is. ad. The funded L property of the institution is 7,0104 PROVIDENT LIFE OFFICE. The Annual General Meeting of the proprietors of this institution took place at the head office in Regent street, on Tuesday, March 7.. The attendance was un usually large. The Rev. J. SHERMAN, having been unanimously called to the chair, proceeded to address the meeting, in a speech which elicited from his auditors repeated marks of warm admiration. lie traced the progress of the institution from its first establishment, in the year 180111, when the shareholders subscribed a capital of 25,000 L for the purpose of carrying out the infant scheme, up to the present moment ; when, having passed through the various stages of its career to its now vigorous days of manhood, those parties who had confided their bate rests to its care saw themselves possessed of a capital of no less than 1,231,647/. 14s. Id. He remarked, that the shareholders' portion of the profits being leas than one-twentieth part, the society might almost be eon sidered as a mutual society, in which the profits are wholly divided among the policy-holders, but with this advantege, that although 25,0001. only had been sub scribe 6, the shareholders guaranteed a capital of 250,000/. The present flourishing condition of the society renders the probability of any call being made upon that fund extremely improbable ; still it is an ad ditional guarantee for the security of the policy-holders, and was in the outset the foundation upcn which the society started, and without which it would not have gained the confidence of the public. During the period of forty years, said the Reverend Gentleman, we have paid in claims no less a sum than 1,677,0001., of which 529,215/. was for bonuses or additions to those sums which by our policies we agreed to pay to our clients. He dwelt with much heartfelt gratification upon the re flection, that the society had during that time alleviated the distress of many a widow and orphan, and expressed his fervent hope, that the benefits to be derived from so excellent an institution would henceforth become still more widely known. This he felt especially an x i ou s should be the case, because they were now met to learn the result of a sixth septennial investigation of their affairs, and the accounts laid before the meeting showed that the advantages which would be obtained by all per sons effecting insurances in the office were of no com mon description. After providing for all liabilities, a surplus profit of 449,689/. 1 Is. 3d. will be left, one-hilt of which amount will be divided among those policies already existing in the office, and the other half, 224,844/. 15s. Bd., will be reserved as an additional se curity to the policy-holders, until the next septennial division in 1855, when, as upon the present occasion, it will be added to the accruing profits, and form the fund out of which the bonus then to be declared will be pay able. He drew attention to several instances of the ex traordinary additions that would be made to existing policies on the present division ; in one case the amount being increased to more than double the sum originally insured. The Rev. Chairman then took the opportunity of stating to the meeting, that the directors were most anxious to carry out every improvement of which the principles of life insurance were capable, and that they had consequently determined, among other important measures, to adopt a new system of tables, calculated upon the more accurate data which the extensive expe rience of life insurance had recently placal within their reach ; and, secondly, to give a prospective bonus, the effect of which will be, that every policy lapsing during the interval between two septennial divisions, will par ticipate in the profits up to the time when the life shall fail. CHARLES WARWICK, Esq., expressed his hearty cos. currence in the proceedings of the day. He had not, until recently, entered attentively upon the considera tion of the affairs of the office, but he was glad to say. that having done so, he found them in a state of prospe rity which far exceeded his expectations. He looked forward with great confidence to the best results arising from the united exertions of the directors and share holders, and passed a high eulogium upon those gentle men who had brought the office to its present highly satisfactory condition. He ended a very able speech by calling upon the meeting to join him in the following cordial vote of thanks to the Managing Director :, " Resolved—That the most cordial thanks of this meeting be given to J. A. Beaumont, Esq., the Manag ing Director, for the very great attention and seal he has displayed in the management of the society ; and that this meeting have great pleasure in acknowledging the very satisfactory state of its funds to he mainly attri butable to his personal and efficient services." This resolution was unanimously agreed to. The Hon. ARTHUR Ktxx.s.ilta. rose to call the atten tion of the meeting to the advantage which the society had that day derived from the presence of the Rev. Gentleman in the chair ; he had listened to the very able exposition of the affairs of the office, as all. he felt confident, had done, with much pleasure ; he had also witnessed with sincere admiration the truly Christian feeling with which the Rev. Gentleman had enlarged upon the high duties and the extended benefits which attached to this and similar societies. He knew that he need say little in moving a vote of thanks to the Rev. Gentleman for his very kind and efficient labours on this occasion ; his character was so deservedly re spected by all who knew him, and the shareholders of this society were, moreover, so deeply indebted to him for his persevering exertions in their behalf. The Hon. Gentleman concluded by proposing a vote of thanks to the Chairman, which was carried unani. mously. METROPOLITAN DESTITUTION. In reply to two communications addressed to Mr. Lumley, the proprietor of the Italian Opera House, from Mr. Cochrane, the chairman of the Poor Man's Guardian Society, askieg the former gentleman to sot apart a night for the pecuniary support of the Leicester•square soup kitchen, the following letter has been received : " March 13. 1848. " Sir,—ln answer to your application on behalf of • charity, I have the honour of repeating what I observed at our late interview, namely, that a night on behalf of the poor of the metropolis has been long contem plated. I have only to add at present, that it will immediately take place under the highest patronage. I had only awaited this decision to answer your first ap plication.—l remain, sir, your obedient servant. " C. Cochrane, Esq." " B. LUMLEY. UNIVERSITY INTELLIGENCE. OXFORD, Msncn 14.—A meeting of the graduates in the Faculty of Theology will be holden in the Convoca tion House on Thursday next, the 16th inst., at ten o'clock, when the name of the Rev. R. Michell, 8.D., of Lincoln College, who has been nominated by the Vice- Chancellor to the office of Examiner under the previ• sions of the new statute " De Discipline Theologies," will be submitted to the approbation of the ?acuity. B. P. SYMONS, Vice-Chancellor. Wadham College. In the Convocation to be holden in Thursday next, the 16th inst., at ten o'clock, it will be proposed to giant out of the University Chest an annuity of 25/. to Williams Baxter, in consideration of his faithful services as-head gardener of the Botanical Gardens for 35 years. B. P. SYMONS, Vice•Chancalloe. Delegates' Room. • MORTALITY in th• METROPOLIS. NUMBER OF DEATHS FROM ILL CAUSES REOISTERID IM TIE WEEK ENDING SATURDAY. NARCII LI, DM. Epidemic, Endemic, and Contagious Diseases 261 Diseases of Uncertain Seat 46 Turbercular Diseases... 193 Diseases of the Brain, Nerves, and Senses... ... 126 Diseases of the Heart and Blood-vessels ... 3 0 Diseases of the Lungs, and other Organs of Respiration 111 Diseases of the Stomach, Liver, and other Organs of Digestion 67 Disease; of tfie.kidat;s. &e: ... 12 Childbirth, Diseases of the Uterus, &c. ... Diseases of the Joints, Bones, and Muscles Diseases of the Skin, &c. ... Malformations... ... ••• ••• ••• Premature Birth ... ••• .• ••• Atrophy .•• ..• ••• ••• ••• Old Age ••• • • • •• • •• • 0 •• Sudden ... ... •• • • • • ••• ••• Violence, Privation, Cold, or Intemperance Causes not specified ... ••• ••• ... ... 7 ... 4 ... 2 ... 16 ... 28 ... 36 ... 14 15 3 DEATHS TROM ALL CAUSES ... •01,111 1,070 Population — Average weekly Deaths Enumerated, Deaths. 11434. lit the 1841. Flee Winters. woo.. West Districts... 300,711 . . 161 ... io North Districts.. 375,971 ••• 209 ... 193 Central Districts 373,653 ... 203 ... 172 East Districts ... 392,444 ... 235 ••• 252 South Districts .. 501,190 ... 299 .., 304 Totals... ..... 1,948,421 Males ... ... Females ... ... ... 1,107 ... 1,0711 ... ... ... •25 ... 645 FIRTHS IN THE WEEK. Males Females Total ... ... 705 ... 710 =.0.01..1. ... 1,410 TRIM PROVISION/.—The following statement will show the amount of grain and general provision s , the i produce of the sister country, which have been nsported into the port of London durin the last two weeks, and up to the latest period to whic h the return can be made, being a compendious account of the importation into the metropolis during the period, comprising from the 2111 ult. to the 4th inst., inclusive, viz.:-11,726 barrels, 7,699 quarters, 927 sack s, and 81 tons weight of oats ; 1,142 packages of pork; 1,611 hampers, casks, and bales of bacon; 17,637 casks of butter, 4 5 4 casks of general provisions, 989 boxes and cases of e gg s , 150 casks of porter, 175 casks of lard, 120 packages of soap, 43 of whisky, 660 packages of hams and tongues, 28 of waste, 125 casks of beef, 580 quarters of beans, 26 package. of feathers, 61 of linen, 353 sacks of malt, 284 bale. of paper, 81 of meat, 240 of meal, a quantity of live plaits. live stock, and a variety of other articles of lesser interest and importance, which need not be especially noticed. Those at the ports of Liverpool and Bristol in the same period have been of varied and average exten sive character. [ADYERTI6EMENT.3—THE REPUTATION 01 HOL• LOWAY'S PILLS AND OINTMENT IN TIE CURE OF RHEUMATISM. — In the West Indies , where this excruci ating complaint is very prevalent, and the severity of the disease is much increased by the nature of the em ployment of the inhabitants, no remedy has been tried with such excellent results as Holloway's Pills and Ointment. All persons afflicted with rheumatism should have immediate recourse to these invaluable medicines, which are so certain and safe in their effects. They are equally efficacious (frequently when every other remedy has failed) in the cure of all descriptions of wens, tumours, unnatural enlargements and glandular swel lings, as likewise contractions and stiff joints.—Sold by all druggists, and at Professor Holloway's establishment, 244, Strand, London. lag Pr.) ri. itol tho