The Sun. — London, England, 1834-06-05 00:00:00

arother bill that had been lately brought before the bouse. He was sure that if the house were to pass the bill with the enactment which directed that the labourers who happened to be out of employment from sickness should be received into the poor-house, it would create a prejudice against the bill that would destroy all sense of the relief to be obtained from it. He had no object in the bill he was now bringing forward but the benefit of the pocr. ( Heart hear, hear.) He wished to see good will and contentment among the poor labourers, and that the masters' property should be put into a corn - plete state of security, from the satisfaction Which would prevail among the labourers. ( Hear. ) 'There was one point to which he wished to allude—it was, in his opinion, contrary to law to allow parishes to employ the poor rates in pauper labour. He was aware that necessity had led to a violation of the law in that respect, and he could give an instance of the demoralizing and injurious effects of such pro ceeding in his own parish. Some unemployed la -1-' bourers had been employed in raising stone, and they got up about 80 load of stone, which a turnpike overseer proposed to buy. He said he could get them at the prisons at 4s. a load, and upon being pressed for an opinion as to how much these stones cost the parish, he stated his belief that they could not have cost less than from 545. to 555. per load. lie entreated the noble lord ( Althorp) to allow the bill to go into committee. He concluded by stating that he was.willing to leave the bill to the judgment of the house. Mr. LEECH ( Surrey) rose to second the motion, and made a few observations which were totally in audible in the gallery. Mr. SLANE Y gave the hon. baronet credit for his good intentions, but he was convinced that his bill, instead of being beneficial, would prove most injurious to the poor. At present three-fourths of the rate payers might adopt the labour rate if they pleased, but by the present bill the rates might be enforced on a Parish provided they were agreed to by three-fourths of the ratepayers in vestry assembled. Any body who knew any thing of the manner in which vestries were conducted in the country would at once perceive that this would enable a few busy persons to impose their views upon a whole parish. By the Pauper Bill which was brought in, it was to be applied only to parishes in which the poor rates were at ss. in the pound rack rent, and this exempted from its operation all parishes that were not so badly circumstanced ; but the present bill was without any such salutary restriction. The existing law enabled farmers to employ as many of the paupers as they might want, but the present bill com pelled them to take certain numbers whether they might want them or not. He was convinced that the Proposed bill would have the effect of demoralizing the Poor, by equally providing for all, without distinction of conduct or qualification. There was not a county in England that he would not be lc es d sp sed to take. ' as a precedent upon this subject than the county of Sussex, to which so much allusion had been made. Mr. DENISON said that he could support the statements that had been made by the hon. baronet who proposed this meas ure . f rom his own experience , in the county which he represented, as to the great saving which the system recommended by this bill was likely -to producein parishes, and likewise as to the great improvement that it would produce in the con dition of the land. Landlords had hitherto been so much pressed down by the rates that they were unable to employ the number of labourers necessary for the proper cultivation of the soil. He could not see any objection there could be to letting the bill go into committee, when any portion of it that might be objectionable could be improved. It was only in tended as a temporary measure, and as he considered that it was likely to produce much benefit amongst the agricultural classes he should give it his most cordial support. Mr. HE ATHCOTE, having presented a number of petitions to the house in favour of this measure fro m the county which he represented, felt himself called upon to say a few words in support of the bill, which he considered well worthy the attention of the house, from the many advantages that were likely to arise from it. One great comfort that it would pro duce to the country generally was the application of a taoch greater quantity of labour to land than could be afforded to it at present. This would occur by the removal of all the useless labour that was now thrown away upon the roads to the cultivation of the land. He approved too of the principle maintained by this bill, that the rnajority in each parish was to bind the.mina itY, if they chose, to regulate the labour of the parish under the provisions of the bill, or on the principles Which it laid down. He had no doubt but this measure would prove a most useful auxiliary to the Poor Laws' Amendment Bill. Mr. R. PALME Reonsidered it very desirable that the inhabitants of a parish should be compelled to pay th e sums which they might agree to pay, for it was Well-known that many persons in a parish, after having Voluntarily agreed to pay a certain sum towards the lab our fund, had in less than a month after refused to continue their payments. He approved of the general principle of the bill, and, feeling assured that it would also work well in practice, he should give it his support. Colonel TORRENS viewed this bill as most erro neous in principle and mischievous in practice. There could be nothing just in compelling people to pay for labour over and above what they required. A parish might as well be called upon at once to support a thou sand or any other given number of labourers, although it might not require half that number. This was nothing better than an agrarian law, or at least was e4leulated to lead to that. Nothing could be worse in Principle than accumulating idle labourers in a parish, and deducting from the productive industry of others !o support thorn. If there was a surplus of labourers in a parish the proper way to deal with them would be, if they could not be employed on the land, to apply them to the increase of the trade and commerce of the country. Convinced that this measure would prove to be practically injurious, he should give it his de cided opposition. Mr. A. BARING would look rather to the manner in which this bill was likely to work, than to any gene ral principle which it might involve. He had inquired , much' into the subject, and found that opinions were "g r y various upon it in different parts of the country. the of the witnesses who had been examined before su co mmittee had spoken most favourably of the mea sure, While others disapproved of its practical results. ri e entertained no doubt of its beneficial effects in Other th at were pure l y agr i cu l tura l , an d w h ere no 'ner species of labour was going on ; but he consi dered it oppressiv e t o ma k e sma ll t ra d es p eo pl e p ay f or lab our w hi ch they did not want. He should have been glad if his hon. friend had not for the present pres se d this bill, until the PoorLaws' Amendment Bill that was before the house should be disposed of, and they could see what they should be able to do with that important measure. He could have wished that his hon. friend had waited to see how that bill would work, and in the next session the measure might be T nore fitly introduced as an auxiliary, if it should be ; t eemed requisite. He had undoubtedly found, that ', ll some parishes in his own immediate neighbourhood, t ue Labour Rate Bill operated with a very beneficial effect, although this might not be generally the case h th r° ll ghout the country. He hoped, for the reasons .: bill stated, that his bon. friend would withdraw the I tier t i la it: Parishes present. vERE Y said that there were many where there was but little occasion for labour, ' 4 , 11 , (1 it would be hard to compel small annuitants and -, o th ers who did not require labourers to pay for their pr it i rt i . He was, however, favourable to the general how hp, eshoofultdhevo hill but he felt some difficulty as to degree clash with the had lest this measure should in any lord near him Poor Laws Bill which the noble introduced, and which he hoped to age brought to a successful issue. Mr. HAL COMB said this bill would produce the ..,. -teat advantage of compelling the application of k- W. to useful purposes, instead of ng emplo yi labour ers in filling up sandholes and other useless w ork. ~ .Alr. DI VETT said he considered the bill absurd in t' l r l l e 'leiple and mischievous in practice. He should, se r efore, move as an amendment that it be read a de ?NI time that day six months. He came to this 4 eis icql partly in consequence of the arguments lie .ow heard offered in support of the bill. It would greasincrease the evil complained of, as its tendency was to e a s tyas the fit time number of labourers in parishes. This srderation a they had under con rne to reject it, when If the en) bill to remedy the evils of the poor laws. plco ln go o d ; J ent of labour was voluntary, well and to but th i s bill-made it compulsory on the farmers ,p,rnrploy labourers even when they did not want them. ,1.: 1 • W ARBURTON seconded the amendment. • ha v e Pr_epose suc h . a bill now was as absurd as it would , been to introduce a measure for reforming the rough of Gatton or Old Sarum, after the general "form Bill had Been proposed. Th e pr i nc i p l es o f i t we re admitted to bebad, and it wa s a l toget h er so pre- Pcsterous, that lie did not think the house could agree to • tk2t.. The tend ency o f i t was to put the pauper and —4O Independent labourer on the same footing. This was the source oft' of in the work- I advocate. If this were so, if ti ,„ judge was i n d ee d ing of the poor 1 , :. - • • t-w • ~,„ the advocate of the pri,oner-,then he loses his elm ratter of Judg e in that o f M s - or ate. But if i mpart i a l Nothingunti 1 iit wastended u r .1 t ; of ti .a to justice was administered by the Judge beta- ..en the reduce a great country t.. a number of srnaii o . prosecutor and the prisoner, then the latter must go Mr. HODGES said he would support the ai:l, as undefended; so that those who urged the objection in it was to have effect only for one year. If it was not cinestion placed themselves between the' horns of a passed, a great number of labourers would be thrown dilemma. The argument which had been urged out of work in many parishes. He would not support against allowing prisoners the assistance of counsel, it, if he thought it would interfere injuriously with the on the_ ground that counsel would injure their cause, operation of the bill for the amendment of the poor was absurd ; for if the prisoner had any apprehension laws. Th e c ontrary would be the case. of that he need not allow counsel to defend him. In An HON. MEMBER supported the bill. The prin- America the counsel for the prosecution had a right ciples of this bill and the Poor Laws' Amendment Bill to reply. To this he (Mr. Ewart) objected, because it were totally different, the principle of one being to gave the prosecutor a great advantage over the pri compel the farmer to employ the labourers, and of the soner. In France, the custom was t o let the counsel for other to imprison them in a poorhouse. So far from the prisoner have the last word. This was an arrangement interfering injuriously with the operation of the Poor to which he was also opposed, as he did not think the Laws' Amendment Bill, it would greatly assist it. ends of justice were likely to be promoted by it. The Lord ALTHORP said at one time when there was system of criminal jurisprudence in Scotland was free no effectual measure before the house for the im- from both the objections to which he had alluded. provement of the poor laws he was ready to support a Their system of defending prisoners was worthy of the bill of this kind. Such a measure, however, being consideration of the house. It succeeded completely now under consideration, he thought their whole at- in securing the prisoner a fair trial, but nothing more. tention should be directed to it. ( Hear, hear.) The The evidence was for and against ; the prisoner's case principle of the Poor Laws' Amendment Bill was not, was first gone into, and then the court was addressed as had been said, to imprison paupers, but to place by counsel both for the crown and the prisoner. I n them in a situation in which they would not be so well those cases where the evidence was so strong against the off as independent labourers. The principle of this prisoner that nothing could stand against it, neither the bill, on the contrary, was to compel the farmers to counsel for the crown nor the prisoner took up the employ alike all the labourers of a parish, whether time of the court by any speech. The ends of justice they were worthy or not, or whether they wanted in all criminal cases in Scotland were, by means of them or not in the cultivation of the land. One this system, completely answered. They had n ow effect of this would be to retain surplus labourers in a had a long experience of the system, and universal parish, and to prevent them from seeking labour where satisfaction was expressed at the way in which it might be had. It was in fact a bill to establish a it had been found to work. It was a discredit maximum in wages. If they passed this bill now, the to England that she had been so long in adopting a great probability was that a similar bill would be called practice which prevailed in all other civilized coun for for the year 1836, and so in succeeding years. tries, with one solitary exception. There could not be Though it was not proposed that the Poor Laws' a stronger proof of the expediency and justice of taw Amendment Bill shoulal-come into ope,-ation till June, practice than was furnished by the fact, that America, 1835, and this would terminate in March of the same though she had generally adopted the institutions of year, still he should oppose it because he considered this country, had found it necessary to the ends of jus that it would be a very bad preparation for the Poor tice to improve on our system of trial by jury, by Laws' Amendment Bill. He admitted that in parishes allowing prisoners the assistance of counsel. These where this bill was acte d upon t h ere was an apparent, were th great ends which would be accomplished by but only an apparent, diminution of the poor rates, his (Mr. Ewalt's) bill. First, it would defend the because if the farmers had not employed the labourers unprotected; secondly, it would lead to the discovery they would have been obliged to support' them as of the truth ; and in the third place, it would promote paupers. It was objectionable as regarded both the the ends of justice. The hon. gentleman then con farmers and the labourers themselves. eluded by moving the second reading of the bill. Mr. E STCOURT said if this bill, as the noble Mr. M. D. HILL rose to second the motion. The ?ord admitted, was a good one in former years, there law which denied prisoners the right to employ coun was no reason why it should be considered a bad one sel was one which materially interfered with the ends now, when no other remedy was provided for the en- of justice. He himself had known one or two, if not suing winter. It was not a compulsory bill, for it was more cases, in which verdicts were returned against left quite optional with the farmers whether they would prisoners which were altogether contrary to the evi adopt it or not. The farmers would naturally be dis- dence adduced on the trial. The house should recol posed to employ as few labourers as they could ; but lect that if we were right in refusing prisoners the be give them a bonus of this kind, and they would extend nefit of counsel, we were so in, opposition to the prac their cultivation by giving employment to surplus la- tice of all civilized countries, and also to that of our bourers. This could not interfere with the operation own colonies. of the Poor Laws' Amendment Bill, because it would Sir G. STRICKLAND supported the motion. cease before the other took effect. It was in vain to Mr. PO ULT E R opposed the motion. He consi hope that parishes would begin to adopt the regula- dered that the criminal law required no revision, at any tions of the Poor Laws Bill until the time prescribed. rate with any view to its being made more favourable He admitted that the principles of this bill were not towards criminals, who had already lost too many fa good, but in the present -state of the country it was cilities for escape from justice. He should move that desirable that it should be adopted as a palliative. the bill be read that day six months. The many petitions presented in favour of it proved Mr. Sergeant SPAN KIE supported the amend that it had been found beneficial in those places where ment, as he considered the state of our criminal law it was adopted. as not requiring revision. The effect of allowing Mr. HANDLE Y supported the bill. It was said counsel would be to make the criminal court an arena to be inconsistent with some of those principles of po- for the display of forensic talent on the part of the ad litical economy which he did not profess to understand. vocate, and the prisoner, instead of being benefitted, If such, however, was the case, it only added one more would be injured. to those many anomalies in which what was bad in Lord ALTHORP had given this subject much con principle was good in practice. sideration, and the result was that he thought some Mr. STRICKLAND opposed the bill. It was a measure was desirable. (Loud cries of " Hear, hear, compulsory measure. (No, from an hon. member.) hear.") It appeared to him that the arguments that It was compulsory because it enabled three-fourths of had been urged against allowing counsel to prisoners the parishioners to bind the other fourth. So far at in cases of felony, would equally apply against per least it was compulsory. It appeared to him that all mitting counsel to defendants in cases of misdemeanor. the members who had spoken on the measure said that ( Hear, hear.) In the course of his experience and it was only a palliative, which, if allowed to exist for observation, which had been confined to the more tri any length of time, would become mischievous, and fling class of felonies, he had felt that it was exceed that it was a measure they only supported because ingly painful to hear counsel address the jury against things were in the worst possible state. He hoped the the prisoner, who was denied the privilege of being measure would be pressed to a division, for he was de- heard by counsel in reply. What they had to consider termined to record his resistance to it. was, not whether the change proposed would prove to Mr. C URTE IS said that he felt bound to side with the advantage of the prisoner, but whether it was cal- the hon. gentleman who had just spoken. The bill culated to lead to a fuller and more perfect develop was wanted in West Sussex, but in East Sussex it ment of the truth. (Cheers.) They should consider certainly was not. He agreedin part with what had whether the truth was likely to be in all instances been said by the hon. member for Essex • but after fairly elicited by a system under which cases could be what had fall en f rom th e noble lord ( Althorp) he put strongly on the one side, without an answer being thought it would be better to allow the present and allowed from the opposite side. He would particularly the lesser measure to be merged in the greater one of instance the cases depending on circumstantial evi the Poor Laws' Amendment Bill. dence, in which counsel for the prosecution had, in Mr. WILK S—lf the larger measure of the noble their address to the jury, to make out the necessary lord were now in operation he would not press under chain of evidence, and it appeared to him that the the consideration of the Legislature the bill before the privilege of reply on behalf of the prisoner ought - to house, although he had no doubt, from evidence front be allowed, in order that an opportunity might be af every part of the country, that it had been of much forded of showing in what respect improper inferences practical utility. The labourers would be better pre- might have been drawn.' ( Hear, hear.) Entertain pared for the noble lord's bill if they were kept in con- ing these views, he hoped the house would allow the stant employment, than they would be if the present bill to go into committee, in order that they might measure were allowed to continue in operation. there examine it in detail, and see whether the objec- Lord PALMERSTON thought that the reasons tions that had been urged against it, some of them adduced by the last hon. member went to prove that being of considerable weight, might not be removed. the present measure ought to be postponed. Hon. ( Hear, hear. ) members should wait until they saw how the house dis- Mr. O'C ONNE LL said he had heard with great posed of the greater measure introduced by his noble pleasure the very plain and sensible observations which colleague. If the house did not agree to the larger the noble lord who had just sat down had addressed in measure, then would hon. members have a good argu- support of the present measure. The hon. and ment that the bill before the house should not be done learned sergeant who had preceded him had opposed away with. He really could not understand how gen- the bill upon an economical consideration of the county tlemen could oppose the larger measure at the same rates and other matters totally foreign to the spirit of time that they admitted that the present measure was the question. He had also opposed the allowing of only a palliative. When bon. gentlemen said that counsel to prisoners on charges of felony, on account they objected to general principles when based on of the inexperience and indiscretions of young counsel. large grounds, but not when applied to particular Now he would only say that he (Mr. O'Connell) had cases, those persons were no less given to the general known many old counsel who were just as indiscreet principles, and were no less theory-mongers. It was as their juniors. ( Hear and laughter.) The fact very easy to demonstrate what `would be the effects of was, that the present mode of proceeding in our the present bill. The tendency of it was to create a criminal courts was anything but the fair and straight little legislature in the different parts of the country, forward course which it should be. The criminal code and to dictate to the farmers how many labourers it itself was too cruel and bloody ; that was a great evil was necessary for them to employ on their farms.' The on the one hand, which it was then endeavoured to true principle of legislation ought to be to allow every counteract by throwing all sorts of impediments to man to employ his capital as he pleased, and to con- prevent the discovery of the truth. Criminals and duct his own private affairs in the way he thought witnesses were continually cautioned against saying best. Farmers, if left to themselves, would employ anything that could possibly criminate themselves, and men as they could, as many as were necessary for their time being even given them to reflect upon what they true interests ; for farmers, as landlords very well should say, lest they should unwittingly let an unwel knew, were very shrewd judges of what was best for come truth escape. The hon. and learned sergeant their own interests. The present bill would tend to had said that the prosecuting counsel generally con perpetuate the abuses of the poor laws, and would fined himself to a calm and circumstantial account of the compel farmers to employ more men than they wanted. facts of the case, and that the judge was to watch over Thinking that the present bill was opposed to the the interests of the prisoner. That was a very plausible greater measure of his noble friend; on which, by the statement indeed, but was it borne out by experience ? way, erroneous ideas had gone abroad that it would He (Mr. O'Connell) in the course of his practice had not come into operation before the Ist of March, 1835, seen great mischief and great injustice result from an for if passed, except one clause, it would come into un- exaggerated statement made by the counsel for the mediate operation ; and thinking that it would be only prosecution, but he had seen much more harm and putting difficulties in the way of that more extended hardship result to the unfortunate prisoner from an measure, he should most certainly oppose it. assumed moderation on the part of his accuser. He Sir C. BURRELL replied. had heard counsel declaim on opening their case that The house then divided— " they did not wish to say a word to prejudice the For the second reading 36 jury against the prisoner ; that unfortunate individual Against it Majority against the bill —44 wish to aggravate; .but still that justice must be CAPITAL PUNISHMENT BILL. done," &c. ; and with such . remarks as these, with The house then went into committee on this bill. deadening influence, did they most successfully pre- Lord HO WICK proposed an amen d men t t o one o f possess the minds of the jury aga i nst the unhappy pri the sectio ns , to the effect, that persons returning from soner. In Ireland the crown prosecutor not uneom transportation, t o w hi ch they had been sentenced for m . only . came down and addresse violent harangues to offences specified in the 53d Geo. 111., should be liable the jury, calculated to rouse their fears and their pre to a sentence of transportation for life, or a term of, judices against the prisoners whom they were called not less than seven years. Pease, Francis After a desultory conversation, in which Sir upon to try. " Gentlemen of the jury," it would be Lord Howick, Mr. Pryme, Mr." the crown has sent down this special corn- Vincent,m ss Wood, the Solicitor-General, Mr. Hume, an al!: ion for your own protection. Will you not Lloyd took part, the amendment w as agreed to ' protect yourselves?" which meant, as he (Mr. with- O'Connellnderstood it, " Will you hang the prisoners out a division. at my request?" ( Hear.) He had some time since The remaining clauses were then agreed to. The been engaged in a trial at Cork to defend three men, house resumed, and the report was ordered to be read brothers, who were charged with being implicated in on Friday next- the murder of Franks. The principal witness was a PRISONERS' COUNSEL BILL. 1 female. She had been before called on to identify the Mr. E WART rose to move the second reading of individuals who had been present, and who were active the Prisoners' Counsel Bill. It was a fact which lie in the murder. The persons arrested were subjected wished to press on the attention of the house, that to her recognition, amongst them were the three England stood alone, with one solitary exception in prisoners ; she had known them before, but she passed the civilized world, in her refusal to allow prisoners them over, and picked out others, who were tried, the assistance of counsel. In Scotland , France, convicte d , and executed. Ag a i n the three men, in Italy, Germany, and the United States of America, company with others, were brought before her, and prisoners were all defended by counsel, and none of again she failed to identify them. It was then thought those inconveniences which it was often alleged proper to bring the three men into a room by them would be the necessary consequences of adopting selves in order that the attention of the woman might the practice in this country were found to result from not be diverted ; but on being ushered into their pre it. The strongest objection, however, and that which Bence she declared that she had not seen them at the was most frequently urged against allowing prisoners murder. The men were then discharg e d. I n a bout the benefit of c ounse l, was the quantity of time six months after she changed her mind, and deposed which the practice would necessarily consume in our to facts against these men. They were arrested at criminal courts. A distinguished advocate of this their houses, subsequently brought to trial, and she measure (the late Sir S. Romilly) had completely an- identified them, swearing to them most positively. swered this objection, when he said that too muc h ti me Th e se facts he drew from her at the trial ; many of could never be consumed where the great ends of them she admitted with considerable reluctance; but truth and justice were concerned. The next obj e cti on havinw exposed them to the court, he left shortly be to the measure he proposed was, that it was unneces- fore tte trial was concluded, his firm conviction being vary, because the judge on the bench was the prisoner's that the men must be acquitted. He had scarcely ached his apartment before he heard a shriek—such shriek as was often heard in an assize town in Ire !a ud when men were . capitally convicted. The judge had E. o summed up to the jury that they found the prisoners guilty. He went . to his window, and saw the three men in a square of soldiers. The mother of the prisoners, a widow, was endeavouring to force her way through the soldiers to her sons. She continued her struggles, and the soldiers presented their bayonet s ; but the Officers at last desired that she might be al lowed to approach them. She rushed in and embraced her eldest son, who was not twenty-one years of age ; she then embraced her second son, and next her third and youngest, from whose neck she fell upon the pave ment, bathed in blood. He turned away from his window, and saw no more. The men were murdered. The next year the same female, who had before given evidence in three cases, tried her hand at impli eating some more individuals. Two other men were brought to trial on her evidence. The judge on this occasion was Baron Pennefather, who, in a ten minutes' address to the jury, put the case to them in a manner that led to the prisoner's ac quittal. Aware of the grievous disadvantages under which he laboured, lie had on many occasions of this kind, when intrusted with the defence of the party charged, been obliged in cross-examina tion of certain unworthy witnesses to put a ques tion so muffled up that the witness himself could not perceive the grapple which it was intended afterwards to give him. He was obliged to do this with great wariness and circumspection lest the wit ness should discover his object and be prepared to frustrate it, and yet with such a degree of clearness that the jury might perceive the drift and object of the question. The house might conceive the anxiety of mind which he suffered whilst he was venturing upon this hazardous course, the only one that the law al lowed hiin in such cases. But he would be content to treat the question upon the broad ground of- common sense, and would pray the house to do away with the enormous injustice of giving talents, and arguments, and influence to the wealthy prosecutor, and denying it to the prisoner, who stood in so much need of such assistance in his defence. Mr. GOUL BURN opposed the bill, but was not distinctly heard in consequence of some interruptions in the gallery. Mr. R. GRANT supported the bill. He thought it of the firstimpertance that persons accused of any offence, especially those accused of so grave an offence as felony, should be allowed the benefit of counsel. It was monstrous to say that those accused of the highest and the lowest offences, high treason and larceny, should be allowed the benefit of counsel, while those charged with the intermediate crime of felony should Le debarred from that privilege. The great object should be to elicit the truth, and that could only best be done through the exertion of counsel. Mr. F. POLLOCK supported the bill. A conti need conversation in our part of the gallery prevented us from accurately hearing the hon. and learned gen tleman. coeRtMARTTAL ON CAPI 4 AIN HUGH PIGOTT, R.N.- - -i-NiNETEENyu DAY. ' The • officers of the courtmartial on Captain Hugh Pigott, R.N., reassembled yesterday on board his Ma jesty's ship Hastings, at Sheerness. It being generally expected that Captain Pigott would close his derence this day, the most intense in terest was excited; and as soon as the Court was cpened it was crowded almost to suffdcation by civilians as well as naval officers. A number of ladies were also present. The cross-examination of Lieutenant 'Walker, late of the Barham, was continued by the prosecutor. Lieutenant Walker (the prosecutor)—l wish to know whether it was the period between the 27th and 29th of March (as you stated that you were on board during Captain Pigott's first inspection) that you made the observations on my conduct as to reluctance to obey orders ? Witness—l cannot be positive as to dates, but I speak from the impression on my mind as to Lieutenant Walker's conduct generally—that upon all occasions he threw every difficulty in the way of obeying. Lieutenant Walker—l wish to know what length of time you were on board the Alban, and what means you had of judging of the discipline ? Witness—l cannot be positive that it took place between► the 27th and 29th of March, but it was the first time I accom panied Captain Pigott. I judged of the want of disci pline in consequence of the dirty, filthy state of the vessel. We were about an hour or half an hour on board—sufficient time to judge. Lieutenant Walker—Balg a person of such- keen observation, will you be good enough to point out any particular instances of want of discipline that occurred within this period of half an hour or an hour ? Wit ness—lt did.not require a person of very keen obser vation to perceive there was a want of discipline, from the disgraceful appearance of the vessel and the crew, from the quantity of tubs, tallow, and lumber of all descriptions, as were to be observed in almost every part of the vessel. Lieut. Walker—Were you one of the officers of ttie Barham who got gloriously drunk at an entertainment given near Unkiar Iskalessi, in the Sultan's Valley, after a cricket and pigeon-shooting match, when a scene of great riot and disorder, including a pugilistic encounter between an attaché of the British Ambassa dor and a midshipman of the Barham took place, and this in the presence of many foreign diplomatists, Turkish military officers of rank, and numerous other spectators ; and was this the riot the Barhant's ma rines were sent on shore to quell? This question was deemed inadmissible, and after some discussion it was withdrawn. Captain Hotham, R.N., was examined by the pri soner. Captain Pigott—Will you state what you know, and what steps were taken by you, as a private friend of the prosecutor, in reference to his general conduct in the execution of his duty? Witness—l recollect Cap tain Pigott showing me a letter he had received from Lieutenant Walker, and I asked Captain Pigott him self to persuade Lieutenant Walker to withdraw it, and I went on boa' d the Alban for that purpose, and Lieutenant Walker gave me permission to say to Cap tain Pigott that at my request he begged to withdraw that letter. I remember that the letter was not with drawn. Captain Pigott—Did I say any thing as to that re quest of Lieutenant Walker's being in writing ? Witness—Yes ; you said that Lieutenant Walker must write to beg to withdraw that letter. Captain Pigott--Do you know whether he did write to me ? Witness—No, Ido not. Lieutenant Walker—Do you recollect whether the Alban had coals on deck in bulk ? Witness—To the best of my recollection, she had. Lieutenant Walker—What was the state of the paint? Witness—lt was very bad. Lieutenant Walker—Do you recollect at this inter view my expressing to you an apprehension. that from the hostility evinced by Captain Pigott towards use, I should be rendered very uncomfortable whilst under his command, and you stating that you trusted such would not be the case, but when the matter was cleared up all would be forgotten? Witness—Some thing like that took place. Lieutenant Walker—Did you again see Captain Pigott after this interview, and if so, what passed ? Witness--I did, and told Captain Pigott that Lieute nant Walker had consented to withdraw the letter, but declined to write. Lieutenant Walker—Did Captain Pigott accede to the proposition made by me, and communicated by you ? Witness--No. Lieutenant Walker—Were you a private friend of mine ? Witness—No. Lieutenant Walker--Were you and I upon terms of general civility ? Witness—Yes. Sir S. Canning, the late British Ambassador at Constantinople, was the next witness called by Capt. Pigott. Captain Pigott—Will you be kind enough to state to the Court the cleanliness of the Alban after the arrival of the Barham in the Bosphorus, compared with that during her passage from Nauplia ? Sir S. Canning—l should say that the Alban was cleaner The Nunnery at Coxside, known as " Clare during her stay in the Bosphorus than sh e was d ur i ng since House" (established many years on the premises her passage from Nauplia. Captain Pigott—At what period did her improve once occupied by Mr. Shepherd), is now broken up ; ment begin . Sir S. Canning—l had no opportunity the sisterhood, who have been reduced to seven , em - of observing fQr the purpose of making a compari barked from this town on Wednesday last on b oar d t h e son when I - went on board, which as far as I recollect schooner Minerva, J. Gover, master, accompanied was the first time on occasion of a public conference b the Rev. Mr. Fisher, the catholic prie s t, f or Grave )? with the Turkish ministers on the 20th of February. lines, in France, near which place, we understand, Sir J. GORDON—Did you ever call the prisoner's they intend to reside. The nuns are all advanced in attention to the dirty state in which the Alban was ? years ; the eldest is 83 years of age, several are above Sir S. Canning—l have no distinct recollection of p o rt n Te d the youngest app ears to b e a b out 40.—Devon- calling his attention to the state of the Alban on. any o legraph. particular occasion ; but having an impression on my ANECDOTE.—In the year 1783, after eight mind that the Alban during the time I was on board years' war, a treaty of peace was signed between on my way up to Constantinople was in some respects Great Britain and the United States, and General deficient in that degree of cleanliness which is gene- Washington gave up his command and took an affec- rally observable in British ships of war, it is not im tionate leave of the American army, on which occasion probable that in my communications with Captain he addressed the late General Lafayette as follows : Pigott I might have expressed myself so as to confirm m y yo ung friend, you have now served your appren- any impression which he might• himself have enter ticeship in the cause of liberty and independence, now tamed on that subject. and set up fo r yoursolf."__The young soldi er Si r R . K ING— W as t h e Alb an, on the 26th of March, go home did so, and the French revolution followed. which is the day I believe the Ambassador went on THE WEST INDIA SKETCH BOOK.—This board the first time, after the Barham's arrival, in that i s rea lly a very amusing and interesting work in every sort of state, fit for the reception of a British Ambas respect as relates to the state of society in the West sador, as to cleanliness in her cabin ? Sir S. Can- I n di es , and the character of the scenery i n th e die_ ning—With respect to the date I cannot recollect, ferent islands. The anecdotes, remarkable sayings, nor have I any distinct recollection of the state of the and songs of the negroes, are irresistibly droll, and cabin on that particular oceasion. the description of their manners and customs evince a Cross-examined by Lieutenant Walker—Reference perfect acquaintance with their character. The reader having been made to your Excellency having been re is agreeably carried on " from grave to gay, from ceived on board the Alban on the 20th of February, lively to severe ;" at one moment absorbed in admira- ' for the purpose of your being conveyed with your di tion of the splendid scenery of the tropics, the next plomatic colleagues to a conference with the Turkish amused with a quaint remark of a negro, or the details minister, do you recollect on that occasion having of a West India dinner party, now witnessing a negro eomplimented me on the improved appearance of the dance, and presently detecting the anomalies of the Alban? Si- S. Canning—l have no recollection. judicature and civil institutions of the communities. Lieutenant Walker—Do you not recollect saying Those of the illustrations that appertain to his style words to this effect almost immediately on coming on are quite worthy of George Cruickshank. board :—" Mr. Walker, you are looking very nice to- EARTIIQUA KE.—lt appears that a dreadful day, much more so than I could expect, and I have to earthquake has taken place in the city of Mexico. thank you for taking so much pains upon an occasion The accounts speak of the sensation felt as being like this?" Sir S. Canning—l really have no recol similar to that experienced on board ship in a heavy lection of using such expressions at this distance of sea. A passenger by the late packet, who was in the time. city at the time, says, that everything seemed to be Lieutenant Walker—Was there any material im rolling about, and no one could stand. The shock provement in her appearance from what you observed continued three minutes ; but few houses, however, while at sea in the Alban ? Sir S. Canning—l have fell, and but few lives were lost. a general recollection of improvement. Lieutenant Walker—Might the want of cleariliness THE " MONK'S STONE." An antiquity the Alban you observed in her passage from near Tynemouth marks the spot where the epicurean on board p priest was overta k en and belaboured to death by a Napoli be attributed to the Alban having coal s on h er deck, having a quantity of live stock on deck, and the knight of Delaval familwhose household y theofthe Sir • unfavourable state party _had taken a provoking liberty. That is, he had ! —As far as an unprofessional person can judge, it cer cut os' and carried away the head of a pig, roasting for tainly might have been so, supposing that coals were the knight's dinner. The stone bears this inscription, deck, and that the live stock could not strewed on ,‘ Oh ! horror, horror to kill a man fora pigges have been stowed away in the usual manner, and the head." —Boston Herald. weather had been stormy on the passage. GEOLOGY.—A most perfect petrifaction of Lieutenant Walker—W as that the case ? Sir S. a human leg has just been found by two men, whilst Canning—To the best of my rec ollection there were digging for jet, i n th e rock near Whitby ; it s s i ze i s coa l s o n deck at th e ti me o f my leaving Nauelia• about that of the leg of a man of middle stature, and do not remember any live stock running about the its shape is very perfect and good, with the exception decks; and with reFp_Tt to the weather between Sco of being a little swollen in the ancle and heel, but on pelo and the Dardanelles, there was, as I remember, the whole it is a good specimen, and leaves no doubt on the a strong ad verse ga l e . mind s of those who have examined it of its Lieutenant Walker, of the Barham, was called, having been at some time the leg of a human being. and examined by the prisoner on the seventh charge. Two OLD MEN'S TALES.—" These vo- Captain Pigott—Do you know of any verbal or lumes a re b eautifully and powerfully written, and, we written orders given by me between the 23d of May shame not to confess it, have been read by us with deep and 27th of July that were vexatious, and not required interest and many tears. It is impossible to lay the for the good of the service, but for the annoyance of work down when once you have read a page, be that the Alban and her crew ? Witness—l do not. Page where it may, until the • whole i s p eruse d. We Capt a i n Pigott—State what was my general conduct first scanned a few pages of the ' Admiral's Daughter,' to 'the prosecutor during my stay in the: Bosphorus? and then we tr i mmed our lamp and read till morning. Witness—ln my humble opinion, that of an o ffi cer . Sir Walter Scott himself never sketched a female 'The usual hour having arrived, and it not appearing character with more truth and beauty than is displayed likely that the • case would finish, the Court adjourned. in the delicate portraiture of Lelia ; it is Perfact." ; — It is fully expected that the defence will close the next New Monthly Magazine for June. 1 day. The bill was then read a second time, and ordered to be committed on Friday next. The house resolved itself into a committee upon the Lord's Day Bill. The report was brought up, and ordered to be taken into consideration on Friday next. The Central Criminal Courts Bill went through a committee, and the report was ordered to be taken into consideration on Monday next. The report on the Warrant of Distress (Ireland) Bill was brought up, and the bill, with the amend ments, was ordered to be printed. POOR LAWS' AMENDMENT BILL. On the motion that the Poor Laws Amendment Bill be committed on Friday next, Mr. HUME proposed that some morning's sitting should be devoted to the bill, in order that it might be sifted, and the mind of the country satisfied that the bill had undergohe a full investigation. Lord A LTHO RP said that he had made the same proposal and had met with objections. He did not think that such a point ought to be determined at that hour, and in such a state' of the house ; and he pro posed that the bill should go into a: committee on Friday next, when the house might determine upon devoting several morning sittings to the 'subject. AIR. BUCKINGHAM-CALCUTTA JOURNAL, Mr. HUME moved that a select committee be ap pointed to inquire into the circumstances connected with the suppression of the Calcutta Journal in 1823, and to report if any and what compensation be due to Mr: Duckipghamfor his loss of property.—hgreed to. MILITIA ESTABLISIIM-EN Mr. HUME moved an instruction to the committee now sitting to inquire what alterations might be made in the militia establishment, with a view to-further re ductions in that branch of the service. _ _ _ Colonel WOOD objected to the motion, on the ground that the matter should be left to the responsi bility of Government. Lord HOWICK said that in the absence of his right hon. friend the Secretary at War he would say that there was no objection on the part of the Govern ment to the motion of the hon. member for Middlesex. He thought it better that the subject should be inves tigated by the committee than in any other way. The motion was then agreed to, and the house ad journed at half-past one. NEW YORK, MAY 7. The Flour market continues in a very depressed state, .nd the prices of Western have again given way, the de :dine in this description since this day week being not less than 25 cents per barrel. Western Canal is offered at 4% to 5 dollars per barrel. Common New York, Troy, &c., 4 3 / 4 to 476 dollars. Southern kinds, excepting Richmond City Mills, at 5 to 5% dollars, and at these rates there "are more sellers than buyers. Wheat 103 to 108 cents Pef lb. India Corn has advanced to 75 cents for North rn, ind 60 to 65 cents for Southern, per Winchester bushel. There has been a fair demand for Cotton since the 30th ult. from our domestic manufacturers, who have purchased atber snore freely than for some" time past, and this week there has been likewise an increased inquiry for export. Prices, however, remain without alteration, and we accord ingly repeat our last Imitations, say Uplands, very ordirary to middling, 11 to 12 3 / 1 cents per lb. ; fair to fay fair, 13 to 13 3 / 4 cents ; good fair to good 14 to 14 1 / 4 cents ; Ten 'lessees and Alabamas 11 1 , to 13% cents ; - Fine Mobiles T.,ouisianas, &c., 14 to 15% cents per lb. The sales are .stimated at 1,800 bales. Pot Ashes 4 dollars 12% cents per 100 lb. ; Pearls 4 lollars 60 cents to 4 dollars 65 cents Rice 2 1 4 to 3 cents er lb. ; Turpentine 2 1 4 dollars per brl. for North Country soft ; Tar 134 dollars per barrel. The rates of freight to Liverpool are nominally %d. Turpentine 2s. per barrel. To London , fo r Cotton U d. ier lb. for Cotton in bales, and %d. per lb. in ba gs ; per lb. ; Naval Stores 3s. to 3s. 6d. per barrel. To Havre, 3 / 4 to 1 cent per lb. for Cotton ; 6 dollars to 8 lollars per ton for Ashes I and 10 dollars per ton for Rice. The transactions in t xcliatige on England have been very extensive, lAA a t constantly declining rates, sales for cash having been mat;; some days since as high as 10 4 , and again this day be quoted from 10 3 to 103 1 4 for cash, up to 104 to 1011, as l ow as :02 1 h to 102 3 / 4 . The current rates at the close of the day m:" for paper. Bills on France sf. 42%c. to sf. 45c. THE MARKETS. C~AI. 1.-iI r; t .—June 9. Ver Tot. d. 11 , nsbam Main IR 0 .lyw. 11 o•tt•- 15 0 Pontop.Windsor 16 6 Po Von s d. Wall- En I lie • —I 9 Walls End erkins__ 1 6 %Nails End Ili deli s 18 0 Belt's Primrose ----- 16 3 Wa . ls En•i lletton --- 19 3 End Lyons --- 18 0 • ails Ent' 19 3 Hixon's Butterknowl--. 16 6 "V iii End Adelaide 17 0 %V E South Durham . 17 0 Wes End 1 ees 18 6 Hartley /6 9 last market-day, 7. I 8 0 Hartle,: t, Ilubbon,& Co. 16 6 Walls End Bcwicke& C.,. 19 3 .V Its En 4a. C and C.. 16 3 W.E. t 15 (i tValls End 18 9 Walls End Hilda.. 16 9 Ships arrived since COUNTRY CORN MARKETS DURING THE 14":ttK._ Wheat. I Barley. 1 •at,. Per Quarter. A hi ngd0n.—.....—.. 4 adorer ....--.--.. S. to s. lA.to s. s. to S. 54 60 30 34 '22 30 48 53 25 31 28 56 58 30 40 16 22 74 i 32 ,26 3f , 44 52 i 23 26 18 25 54 86 ;36 40 26 31 49 74 23 32 26 35 54 83 35 33 20 30 58 62:26 32 241 32 62 80 ,32 42 28 34 3ri.:port C , rencester Farinßdon Guildford Hereford —.—.-- ig h ort tilaidenhead NI on in 0uth....--. Reading • 56 68 62 64 40 10 42 s') 58 34 44 32 22 36 26 2 ; 33 40 22 30 30 32 14 26 22 25 28 32 Silishury iouthampton --- itroud OW 78 37 38 2 - 2 32 lewkestviry Uxbridge 30 38 is 74 26 34 58 SO 27 32 5 62 25 32 59 48 52 ! 32 36 20 26 17 23 22 24 21 22 24 26 Warminster Windsor Worcester Israus'. White Wheat (1 Red ` i ltn Barley Oats, ' , few - Pease. Oil Cake, New.. Y. t S 4 , 1 ai 36 37 - 4 36 40 34 44 34 45 :WFS NI A 11K ET —June 3. (per quarter`—..... £2 9 oto £2 12 0 CHFI.TENH A M -- - Per Bushel e. d. to s d Wheat .. Barley 3 0 3 9 Oats Beans Pease ... 5 0 7 0 Hay 110 0 1 11 0 10U 1 4 0 116 0 0 U 0 12 0 0 per thousa.A. MA HR KT.—June a Pet lb, I Beef Veal Pork Lat,tb Iss. Od• "'" a. ta (I. Si 7 7 7i 7 8 " 7 0 7 {, ULL .I A R ET.—June Wheat, Ohl --s. 40. 44.. - Nun/ Foreign —B. J"8. 545. t.. ' mil_ —s )ats, Poland —.. IS. 3_ , s. Old —s Small or Feed ... —.. Ilis. 20., —s. 40s 47r --.8 Foreign —s. Ifis. JR. -s —s —s Bailey, Norf. & Sin ... —s 28s. 34.), inc. L & %Void —s. 2.5 s 28 , Foreign Beans 30s. U. 35.. Foreign oPase, Whitt. —,. Us. '44 Ciie, —s. 9.7.. :los C gets -s. -s. -s FOrt;lil -s. - 9 —s. R ,peseeti. in suit.! none ~. . NORWICH. may 31. I Wheat (per qr.) ~ 4N , 26. fios. Ream tper qr.) .--- :31, ,:114. Barley ---- 21,• 26• 3,8, Pease, G rey ---.. :Vi 47g fats ................ VO4 22, 245. Flout, flue (per sark'; 41 4:I& CANTERBURY. May 1. • Wheat,white 57g to Mg. to —a 48e. to 6 e to —II Barley, !Vatting 2fis to 3 2 2 Grinding.. 225. to V. Oats - Old to Vs. ?leans 31s to 3.5 s —s. to —s. Pease :30s. to 365....... Grey ...-- 30*. 40 345. MANCHESTER, Siay Wheat, per 701 b. Bs. Od. to Bs. 2d. Red Barley, per 601 b 5 0 5 6 Oats Beans, per Imperial quarto' Pease, White, per Imperial bushel Malt, per ol Imperial bushels Flour, per Sack ‘f 2801 b Is. 94. to ft:. ad 32 3 2 36 0 39 60 5 3 38 0 42 0 40 0 46 0 IRISH MA DUBLIN MARKET NO )1. v. May al To Average. 29 0 '26 0 0 0 15 0 13 2 18 0 I — a 14 0 12 15 5 RKETS ri E.—FRI I From '2O 0 349 Wheat, per barrel 20 stone 0 Bete l6 stone 108 16 stone 1,379 Oats 12 stone 16,004 Cwt. Flour if stones 956 Oatmeal 8 stone' 'old to Makers only. 13,613 t'wt. Flow I 13 0 I 18 0 Average price of Wheat and Flour 38a 4d. per / Firsts from 16s. 441 tteceipts of Flour, 14,596 Second s from 13s. Od :ales of Do. 16,904 Ti irds, from Os Od PRICE OF BRED I Half Quartern CORK MARKETS.—May3I. Wheat (per 2Ost.) Barey per 16st.) Oats (per 14st.) . . Flour per cwt.) 6 0 16 6 Oatmeal (per cwt.) Beef, sd. to tid. • Mutton, sd. to 6d. ; Veal, 6d. to Bd. ; Pork, 2d. to ; Fresh Butter, 10d. to 12d. per lb. PRICE OF BUTTER. To the Merchants. To the Country. ,nos, 13 6 11 0 6 0 10 0 to 18a. ikt to IN. tid to 1O& N. Quartern Loaf, First Quality - Second Third Fourth Fifth Sixth CLONMEI.L M Per _ s. d. s. s. d s. d New Butter 72: 0 to 73 0 Hides (raw) 'l2 oto 0 0 .tineal II 0 II 3 Baron Pigs 0 4 0 .25 6 'tendered Lard 313 0 0 Heads 17 0 0 Per Bag Flour, Second .... 0 3. NI- lour, Thirds 0 3 n —Household— 0 VS 0: Fourths 14 0 0 Per Barrel. Rapesead 20 0 01Barley fi 0 Here 10 0 11 0 Coats 3 2 3 4 AUKETS- May 30. Cwt .. . rer Stone. Wheat.. Oats Per Pound Fresh Butter 1 0 1 2,Mutton 0 4 (1 5/ Beef 0 3 0 41Yeal ii 0 0 6 KILKENNV.—Butter 71is to 786. per cwt.., 1% ie per barrel ; Flour 13s to •211 x. per bag, Oats 10s to lls pwr bar. rel ; Barley Ils. to 135.; Beef 3d. to 14. per lb.; Mutton 4j", to r•d. ; Potatoes 4d. per stone; Coats Is. Id per cwt.; Racun. P•vs 225. to •245. Od. per cut. The faithful auxiliary of beauty is Rowland's Kalydor, so perfectly innoxious and' efficacious, that infant and adult derive pleasure from its application : it operates as a thorough cleanser of the skin by mild yet powerful and imperceptible influence; eradicates all cutaneous eruption, tan, pimples, spots, redness, b m o m tt e le lia d t u el t y; &c., removing dark and sallow complexion, rendbring r s i kin soft and the skin delicately clear and soft, irradiating with transparent whiteness the neck, hands, and arms, and producing a healthy and juvenile bloom to the corn plexion.—To mothers nursing their offspring, it proves a healing balm in all cases of inflammation of the pleasant. —Price cttlieenmg4eisp: pain, and a r shaving, annd d render Bs. 6 d i t the p will per included. Ladies who occasionally sojourn on the sea coast, or are partial to aquatic excursions, or are about to encounter long voyages, should invariably provide themselves with the Kalydor, as the influence of the sun on the skin produces tan, sun burns, roughness, tensity, &c. Similar results are occasioned in riding, driving, promenading, &c. During the novelty of such re creation, the Kalydor is indispensable—it acts as a protector and restorative. It allays the smarting irritability of the skin—dif fusing a pleasant coolness truly comfortable and re freshing ; also, in cases of stings of insects, or any in flammation, it affords immediate relief; and after sea bathing, it guards the skin from saline injury. ( Extract of a Letter from a Lady to her Friend.) " You are sensible anything that I consider will add to your comfort, I feel a pleasure in communicating. As you are on the eve of travelling, and knowing that you always suffer much from the burning influence of the sun, take with you some of Rowland's Kalydor, say two or three bottles. It cools and refreshes the skin in short, I find it indispensable."