The Sun. — London, England, 1830-03-12 00:00:00

~~ ~o :.~- 1 1 ' A.0rze...z., 27 1, _.. • _____ _ ._:,.. . ... AI- 1 . • ---;,:,-,..„,-• - --fr -, (to ~, -.11 , ko. c..xt.st --=---- 7.--ze•• - ' te m. ~ ,, r , ~ - •a' X— - 1 --- ---, .. , , . i U.--k '. • 4 ~ ,%----: • % ;',/ NN, , --) med • ( "s , - 1 ' ,. .%''j/. 1 /, ' ' ° --' - -' ' ''''' ''l' "4 .-.-. - . lock pitA, „, 4 I:3C ti 1..... "''. . . , • -: . _ ,„ ... 'I , • —ll ff f ' ' ltAt ...,'",:r. ;,--•• , - 1- 1 - - .c. -• , .41 , • 0 ~.... • , ... 1 , , . ~,,,, , . ....' •---, v.' Ar 07, gr- 0. , (•// f ii .t) . ..._ I' ' _ --• s; cA , ~ • 4 ~,z,,.: 't, iiiv,... ‘ 4-•••••• , .. flail:10141 '' , . f 5 .12.10 -0 yam' • - 1 ;74 I 4 tion % GREENWICH HOSPITAL, MARCH 10, 1830. NOTICE is hereby given, that the CO MISSIONERS of this Institution will be read!, receive p roposa l s for t h e supp l y o f t h e un d ermen ti ol article s , on WRDNESDAT, the 24th inst. at Twelve o'c! in the forenoon. Best Granada Cocoa. Malt 500 Quarters, viz. Candles, Soap, Soda, See. 400 Qrs. Good Pale. 50 Qrs. Fine Pale. 50 Qrs. of Amber. and such other informm. furnished on application at 9 Printed Forms of Tender, all may be required, will be El the Steward's Office on any day previous to that above mentioned. NOTICE TO ARTISTS. A LI, WORKS of PAINTING, SCULP TURE, or ARCHITECTURE, intended for the ensuing EXHIBITION at the ROYAL ACADEMY, must be scant in on MONDAY the sth, or by Six o'clock in the Evening of TUEDAY the 6th of April next, after which time nose sea possibly be received. The Regulations neettesary to be observed may be seen in the list Year's Catalogese, or may be obtained at the Aead my. HENRY HOWARD, R.A., Sec. BRITISH ANNUITY COMPANY. ASPECIAL GENERAL COURT of . PROPRIETORS will be held at the Office, 36, New B roa d- street, on THURSDAY, the Ist of April, at Twelve for One precisely, for the purpose of confirming the Resolutions respecting the New Capital, adopted at V e Special General Court on the 4th instant. JAMES MITCHELL, Secretary. PORTUGUESE AFFAIRS. LIST OF THE MINORITY ° F szTitterv-rnitts, WOO VOTED FOR LORD PALMERSTON'S MOTION FOR THE PRODUCTION OF PAPERS RESPECTING TOE PROCEEDINGS I N PORTUGAL. liankti, H. Hobhouse, J. C. Beaumont, T. W. Hovrick, Lord , Lord G. Honywood, W. P. nern al. IL Horton, Rt. Hou. W, Blakelt. Sir ir F. F. Huskisson, Rt. Hon 13ur de S W. Canning, Sir S. Inglis, Sir Carter, J. Jet,lison, C. D. et eal thnr ., pe,Hon. F. Knight, R. —ye ' n • u• Labouchere, IL C avendish, H. Lamb, Hon. G. Cavendish, W. Lambert, J. S. C hichester, A. Lennard, T. 13. Davenport, E. Littleton, E. J. buncombe, Hon. W. Macdonald, Sir J. Denison, J. E. Macqueen, T. Dundas, Hon. T. Maberly, Viscount Ellis, Viscount Morpeth, Viscount Ellis, Hon. G. A. Norton, G. Ellis. Hon. A. Nugent, Lord Encombe Lord ,O'Connell, D. Ewan, W. Ord, W. F azakerlev, J. N. Peach N. Eyler T. V - Pendarres, E. W. G raham,Grahi Si r J . Philips, Sir G. a Hon. C. Philips, G. It. Grant, IL Phillimore, Dr. l ieneage, G. P. Price, R. Protheroe, E. Rice, T. S. Robinson, Sir G. Rumbold, C. E. Russell, Lord John Sibthorpe, C. D. Sefton, Earl of Smith, W. Stanley, Hon. E. G. Tennyson, C. Thomson, C. P. Townshend, Lord C. Vyvyan, Sir R. Uxbridge, Earl of Warrender, Sir G. Wetherell, Sir C. Whitmore, W. W. Wood, C. TELLICIti. IsPaanlmdoenr:tvonis,cVouisnet. PAIRED OFF. Hume, Joseph Ingilby, Sir W. Gordon, R. Wilson, Sir R. SPIRIT OF THE PUBLIC JOURNALS. We have much satisfaction in publishing a " peti tion (which will be seen in our reports of the de bates) to the Honourable the Commons of the United Kingdom of Great Britain and Ireland," from " the undersigned merchants and agents connected with the trade of the East Indies, and resident in Lon don." One merit of this petition, is its temper—a second is its clearness—a third, its force. Though latterly familiar with many able writings against a prolongation of that great commercial anomaly and grievance, the exclusion of British merchants from the common right of trading freely with countries tea vast and so rich in all the materials of profit able merchandise, as the peninsula of India and the Chinese empire, we do not recollect to have een any paper more comprehensive and at the same time so concise and cogent. It was presented last night to to the House by Mr. P. Thomson. There is one remarkable circumstance attending this particular departure from sound principles of liberty and justice exhibited in the East India and China case, and which we recommend to the notice even of those who bewail so loudly the breaking up of ordinary mo nopolies,—viz., that inasmuch as other prohibitory and exclusive systems have been maintained on be half of the British merchant and against the fo reigner, and have therefore some show of domestic preference and patriotic spirit to excuse them, this extraordinary system, for whose overthrow the whole kingdom now unites, is actually a monopoly esta blished by England herself, in favour of all foreign merchants, and against her own ! For every trader of every country under Heaven, and every flag that navigates the seas, can enter unmolested all the ports to the eastward of the Cape, and drive a lu crative commerce there,—save only the merchant and the flag of England, which, under a penalty affixed to them by English laws, and self•made the victims of a close anti-national monopoly, are held to be contraband of peace and war, and in derision of their boasted pretensions to the character of a com mercial power, are stigmatised as the only outcasts from a privilege enjoyed at pleasure by the whole community of mankind. This question, therefore, of free trade with India and China, we must again impress upon the somewhat sodden intellects of the lovers of monopoly in the abstract, involves a very different species of improvement from the common one of letting foreign merchants into competition with those of England. The breaking up of the India Company's and American merchant's mono poly, is for the purpose of serving the British ship owner and merchant, by letting them into a rival ship with the monopolists of Leadenhall-street and New York. As for any benefit proposed or attainable on behalf of the people of England, the consumer: on this occasion, we forbear to urge an argument so odious to those who wor ship as" the wisdom of our ancestors," every crumb ling monument of their ignorance, blindness, and imbecility. An unpleasant notion had got abroad about the merchants of the metropolis, that they did not partake the solicitude of tae commercial interest throughout the kingdom for a general open ing of the two important trades now adverted to, or attach any value to the improvement of India itself by the influx of British capital into its territories and the access of British skill to its productions. London being the centre of action for the India Comp any , t h e sole port to which the returns from China are by law admitted, and the chief one to which in practice the commercial operations of the eountry are confined, was sus p e cted in many qua r t e rs of the entertaining a certain degree of sympathy with d nu mnpolists of Leadenhall-street, and was re,de d aa at least their negative ally. The de m r en _ 0 th e 7 0d n win great part dispelled ; and although qn petitioners express a suitable . un tial i prejudged by Parha% ss to have the question e nts or decided without full and =por al nv estigation, they came forward with a power tweapression of their sentiments on the China etu ,, e ) in the paragraph with which the petition con ,4 'es- We may add one word upon the singular ad oretage po s s esse d b y t h e C ompany i n t h e arrange tnt of evidenc e b e f ore th e P ar li amentary Commit o. Thei r supercargoes an d ot h er agents at Can riui_u are th e on l y B r i t i s h su bj ects w h o h ave a recog -o,4_ed and unquestioned opportunity of acqua i nt i ng e mselves with the course of business at Canton, e c ' e r m with the habits and characteristics of Chinese v _ . merce. Without insinuating one word unfa ,"4l4ll to the honour and veracity of these gen ti ern e , . h ow st ) I t must be well understood by every body, m an ` r°ll g a bias the mind of even an honest porta, in s 7 receive on any practical and im re rdi.t subject, from constantly meditating and l ga n i l : i t in connexion with one exclusive c y a e s t s it is finterests, purposes, and transactions. that the do ro rn m witnesses thus inevitably influenced, mittees of Parliament have been corn by gelled to derive their impressions of the case at temptedßtish corn the India Company. On the side of commerce generally, resort must be had, we t a k e f tor gr anted, to the evidence of foreign mer- U e ts n or their Captains (seeing that Englishmen have all access to C an t on ) ; y e t these foreigners out the a f direct and obvious interest for shutting Port a , an ,f e e British merchant from the Chinese al elusi ve r i. in maintai n ing to a ll eternity these ex ceramerei v ii.eges of the Company, by which no alon e . 71 , r ights are i n j ure d b ut t h ose o f England buyetthioen rantees, Come fa cts will doubtless be borne in m i n d q of in reporting upon the general free trade, and by their respective houses No. 11,609. in legislating for the country, whose confidence seems to rise with the hourly progress of the in vest igation.— Times. . It will be recollected by our readers how ostenta tiously the subject of" Legal Reform" was put forward in the Speech from the Throne at the com mencement of the present Session. We had some suspicion at the time that it was used pretty much 'ad caplandum ; and what fell from the Attorney- General on Tuesday night, when moving for leave to bring in a Bill " for the more effectual Admini stration of Justice in England and the Principality of Wales," tends to confirm that suspicion. From what the learned Prosecutor of the Press stated on that occasion, it appears that the great work of " Legal Reform " is to begin by annihilating the present system of administration of justice in Wales —not only without the concurrence, but against the expressed sense of the natives of the principality. If the people of Wales had called out for a revision or abolition of their judicial system, it would have been the bounden duty of the Governinent to in quire into the grounds of their complaints, and, if practicable, to have obviated them ; for nothing touches the characters or interests of a Government so nearly as that the people should have confidence in the administration of justice. If the Welch sys tem were wrong, the people of Wales were alone affected by it, and they alone had cause of com plaint. If, on the contrary, they have confidence in the system, why take it away ? Can any other mode of administering justice which is to be substituted in its place inspire them with more than confidence? The Welch system of judicature has existed, with some additions, from the time of Edward the First. He, who was the greatest improver of English law since the days of Alfred, introduced the English code into Wales with a separate judicature. The legal Constitution which he had begun was completed under Henry the Eighth, consequently the Welch have had a long trial of the system—a system introduced by that Monarch who has been distinguished in history by the illustrious title of the " English Justinian," of whom Sir Matthew Hale said "that more was done in the first thirteen years of his reign to settle and establish the distributive justice of the kingdom than in all the ages since that time put together." Here we have the character of the great and sagacious founder of the Welch system of administering justice, and the satisfied experience of the people of that country for centuries against the sic volo, sic jubeo style of alteration about to be carried into effect by Government. It is true, Sir James Scarlett arro gates great merit for his employers, in not wishing to increase the patronage of the Crown by the con templated arrangements with regard to Wales, it being the intention to add three new Judges to the twelve Judges of the land, in place of the eight Welch Judges who are to he deprived of the ermine. Now Mr. Peel stated in the House of Commons not long ago, that the salaries of the eight Welch Judges are 9,8004 a year, and that in the instance of the last four:appointments of the Judges for Wales, it was notified to each of tbem at his ap pointment, that if Parliament should determine upon a change of jurisdiction, no claim for compensation could be allowed to him. He also said that there was an intention of revising the Act which settles the salaries of the Puisne Judges at 5,5001. a-year, and that it would be open to consider whether it may not be expedient to attach a salary of 5,0001. only to all Puisne Judges to be hereafter appointed, Taking this statement to be correct, it appears that Government intend, in that spirit of self-denying economy which distinguishes them, to relinquish a patronage of 9,8001. a-year, and substitute for it a patronage of the annual value of 15,0001. Whether this be a diminution or an increase of patronage, we leave to those to determine who understand any thing of Cocker and com mon sense I Moreover, to the sum which the new arrangement is to cost the country, we are to add the compensation which is to be given to four of the Welch Judges, on the ground of com pensation, for the loss of " vested rights." Here will be some thousands more to take out of the taxes or add to the Pension List, and thus we see that the balance, both in a pecuniary sense and in point of patronage, is considerably in favour of the Crown. We have said before, and we now repeat it, that Government ought to have preserved the judicial system of Wales as long as was satisfactory to the Welch them selkes. They had it in their own power to support its respectability by appointing competent lawyers to Welch Judgeships. This species of re formatio►► they had in their own hands; and the best of it was—though, perhaps, it did not recommend it much in their eyes—that they could not exer cise it without reforming themselves, as far as the system of judicial patronage was concerned. Now, let us look at the consistency of our legal reformers in office. Though the Attorney-Ge neral is so excessively anxious to force legal re formation on the Welch, who tell him they do not want it, he determines to withhold it from the English in that most essential point which the public universally demand it—we mean the system of special pleading. He declares— in the face of reason, of experience, and of pub lic opinion—that system to be unobjectionable ; he absolutely eulogizes it, though certainly nothing was ever invented that was better calculated to make law a lottery, and to give an absurd pre ference to fictitions, intricate forms, and tech nical jargon, over the real merits of a case, than the present sistem of special pleading. It is, in fact, a system, the spirit and operation of which is to bring verbal finesse in collision with substantial justice, and give the triumph to the former. The Attorney-General speaks of it as a part and parcel of our ancient institutions, on which he does not like to see the hand of innovation busy. We thought he had been better read in legal history than such a statement proves him to be. If the value of the institution depends upon its antiquity, we believe it will be found that, by reforming special pleading— by reducing it from a state of intricate verbiage and subtle absurdity to clear, concise, and simple forms —an ancient institution will not be destroyed, but restored. Pleadings, says Blackstone, were, in the reign of Edward the First, short, nervous, and per spicuous—not intricate, verbose, and formal. Who will say that pleadings are now either short or per spicuous ? As to their shortness, we know that it is not unusual to devote 40 or .50 or even 100 folio pages to what, as was emphatically said by the late Learned Chief Justice of the Common Pleas, could be better expressed within the space of the palm of a man's hand. As to their clearness, everybody is aware that a Jury knows nothing of the cause of action as set forth in a declaration until the leading Counsel opens the case, and in a speech explains that which the pleader made unintelligible, and which the declaration ought to have explained, if the language of pleading was that of common sense. Of what use legal forms can be, which tend only to obscure not to elucidate the claims of suitors, and to embarrass those who have to decide upon their claims in the Jury-box, we leave to the ingenuity of the Attorney-General to show ; but certain we are that the age is too far advanced to bear much longer, even on the recommendation of a Nisi Prins tactician, with this most beautiful portion of the " best of all possible systems." Was it of modern times (oat Lord Coke observed, in commenting upon the practice of the law, that "no way was given to nice exceptions, so long as the substance of the mat- DMA N ick made t with an the of the t body r, and le ap ras she asked sether on the y were gan to ), why. ich, by made inches end.) irks of but no )ur, re- ifter an aged on held up lie ap ed wM )-day in ,referred idingley r parcel Cases are hortiton, Edward ert Cuff, Ruseell- of Cspt. W. Met- • Cuppne, rt, Doi., Ximeneof Sa igton, re- Hastings; Lamb.' sbnry, F. ,rnford, to e Temple► krellmont' r of Mr• t LambleY Lis son, the hard Doa' fl'i, in the the county of Derby. harine Ar' Ramsay, 01 'close, aged Field, Bo' B. Fossett, in the 140 DON, ' LONDON, FRIDAY EVENING, MARCH 12, 1830. ter was sufficiently shown ?" It was of the reign of Edward the Fourth the great lawyer predicated this, and yet Sir James Scarlett, in the reign of George the Fourth, says that the special pleading of the present day, which does not hear a much greater resemblance to that than darkness does to light, is one of our ancient institutions !—Morning Herald, THE ODDINGLEY MURDERS. WORCESTER, AlAxcit 11. •• It was not till half-past seven o'clock last night that the Grand Jury returned their bills in th 7 s case. At that hour the Grand Jury came into Court and returned the follow ing bills, viz. :—a true bill against Thomas Clewes, George Banks, and John Barnet, as accessaries befo re the fact, in the murder of Mr. Parker ; a true bill against Thomas Clewes (ignoring it as to the other two pri soners), as acces-ary after the fact, in the murder of Mr. Parker ; and a true bill against Thomas Clewes (ignoring it as to the other two prisoners), as principal in the murder of Hemming. • In consequence of the return of these bills,' the trials were appointed to take place the first thing this morning, before Mr. Justice LITrLZti•LK. The interest excited by thc trial in the city and neigh bourhood of Worcester was intense. We bare heard of several gentlemen who last night were unable to procure beds at any of the inns, and who, to do justice to their curiosity, " screwed their courage to the sticking place" of sitting up all night, and being in Court by six in the morning. At that hour the main street of Worcester began to wear a lively appearance, every one directing his course towards the Court-house. The Counsel for the prosecution were Messrs. CUR woon, WAKELY, and GODSON. For the defence, Messrs. Serjeant LUDLOW and Mr. LEE appeared for Clewes ; Messrs. CAMPBELL, RUSSEL, and RICHARDS, for Banks; and Messrs. TAUNTON, SHUTT, and HOLROYD, for Bar net. At a few minutes after eight o'clock the doors of the Great Hall were thrown open, and the rush of people seek ing ingress was tremendous; it was a long time before anything like order could be procured. Mr. Justice LITTLEDALE entered the Court about the same time ; and after the crowd of persons was somewhat arranged the business of the Court proceeded. The prisoners were then put to the bar for the purpose of pleading to the indictments. Clewes appears to be an elderly man, but by no means decrepit. Banks is a fine tall man, with prominent features, and rather a striking countenance. Barnet is an older man man than Banks, and has a very respectable appearance. Mr. Justice LITTLF.DALE asked who were the Clunsel for the prisoners, because he thought it right to draw their attention to the bills returned by the Grand Jury on the previous night. He doubted whether upon those bills the prisoners ought to be put upon their trial. But if the prisoners chose to be put upon their trial the objection would he waived. _ . Mr. TAUNTON and Mr. CAMPBELL, on the part of the prisoners, objected to their taking their trial. Mr. Justice LITTLEDALE desired the Clerk of the Ar raigns to state what the indictments against the prisoners were. The Clerk of the Arraigns stated that there was a bill against Clewes for the murder of Hemming; that there was a bill against the same prisoner, as an accessary before the fact, in the murder of Parker, making Hemming the principal. Mr. Serjeant LUDLOW—On this the point stated by your Lordship will arise. With regard to any charge brought against Clewes, as an accessary, I shall certainly advise him to take your Lordship's judgment as to his being required to plead, on the ground that, as there has been no conviction of the principal, there is no existing law which warrants the trial of the accessaries. Mr. Serjeant RUSSELL should certainly advise his client to object to his trial. Mr. Serjeant LUDLOW had to ask his Lordship to take the indictment for murder against Clewes first. He thought that that was the fair way of meeting the justice of the case. Mr. TAUNTON should think it right to adv;se Barnet not to plead. Mr. CAMPBELL, on the part of Banks, had to concur in what had fallen from his Learned Fiiend. He thought that no prisoner was bound to answer a charge which was not brought against him according to law. Mr. Serjeant LUDLOW begged his Lordship's decision as to which trial should be taken first. Clewes was in dicted for a murder ; on that murder he ought to have a fair and unprejudiced trial, which would not be the ease if he was borne down by the e xtraneous circumstances which belonged to the other indictment.. Mr. CURWOOD did not rise to controvert what had been stated by his Learned Friends, as to the impro priety of the prisoners pleading; still less did he intend to disapprove of that course;, but still, as the acpessary was permitted to waive his objection, lie had thought it right to give them an opportunity of doing so. With respect to the order"of the trials, he conceived that that rested with the prosecution. Mr. Justice LirrLEDALK was of opinion that it rested with the Court, to decide in what order the trials should take place. When an indictment for murder was mixed up with other offences, the usual way was to proceed with the murder first as the more serious offence. Th e Clerk of the Arraigns would proceed with the bills in the same order as if no discussion bad taken place. The Clerk of the Arraigns then arraigned the prisoners on the Coroner's Inquisition, as accessaries before the fact in the murder of Mr. Parker. On the prisoners being asked if they were Guilty or Not Guilty, their respective Counsel objected to their pleading. Mr. Justice LITTLEDALE—If the prisoners really wish to be tried, bad you not better consult them again before you make that objection. Mr. CAstrnELL--All discretion in such cases rested with Counsel. Their right to refuse to plead was then admitted by the Learned Judge. The Clerk of the Arraigns then arraigned Clewes on the indictment which charged Clewes, in conjunction with Taylor and Evans deceased, with the murder of Hemming; and on the Coroner's Inquisition, which charged Clewes and Banks with the murder, and Barnet with being an accessary before the fact. Mr. CastraELL had objections to take to the inquisition ; but l►e had no abjection to his client pleading, on the un derstanding that it was not to prejudice his objections. Mr. Coawoon consented to this arrangement. The prisoners then severally pleaded Not Guilty. Clewes was then indicted as an accessary after the fact to the murder of Mr. Parker. _ -.- Mr. Serjeant LUDLOW objected to Cloves% pleading to this indictment.—Objection allowed. Clewes was then arraigned for the murder of Hemming, both on the Coroner's inquisition (which included Banks as principal, and Barnet as accessary), and on the indictment in which he stood alone. Some conversation here took place as to the possibility of trying the prisoners together on the Coroner's inquisition, when the indictment was against Clewes alone, on which it was also necessary that he should be tried, as he could not be twice tried for the same offence. It was finally ar ranged that Clewes should, in the first instance, take his trial alone on the indictment, the question on the Coroner's inquisition standing over for the present. Mr. GODMAN opened the case. Mr. CURWOOD said-51y Lord and Gentlemen, I rise to address you upon a case almost unparalleled in legal annals, and totally unparalleled in my recollection, al though during the course of some length of time I have been familar with Courts of Justice. The prisoner at the bar stands charged for a murder which took place twenty four years ago, and the circumstances attending this mur der are so complicated with those of another murder, that I do not know how the ccnsideration of them can be sepa rated. Gentlemen, at the period to which I have alluded (now nearly twenty-four years ago), Mr. Parker was Rector of Oddingley, in this county ; unfortunately there was great enmity between him and several of his pa ri,hioners, whom I will not name ; suffice it to say that the prisoner, Thomas Clewes, was of the number. Well, Gentlemen, it so happened, that Hemming was imme diately known as the murderer, and a search was made, but from that day forward there was no account of hi m . Wherefore had he disappeared ? On the 24th of June the Rev. Mr. Parker was murdered in one of his own fields ; and I believe it will be proved, without question, that the murderer was Richard Hemming, be tween whom and Mr. P. there was no enmity. He he- longed toter parish, and had no cause of quarrel or complaint against Mr. P. The consequence was, that an investigation took place to discover why Hemming had committed this murder, and there was proof that he was hired. Indeed the cause assigned on the instant was, that be had been employed to commit the murder, and that those who employed him had contrived to dispose of him with a view to prevent him from giving evidence against them. Years, however, rolled away, and nothing was heard of him until his remains were found in the barn ; those were recognized; his shoes were remarkable. The shape of his skull and mouth were remarkable, and the bones were identified by his wife. It appeared clear that Hemming was the murderer of Mr. Parker, and, there- fore, the inference was that Hemming had been murdered by those who employed him, because it having been known that search was made for this man, it became of vital im- portance to those who instigated him to the heed that he should be removed. With respect to the others, I will abstain from saying anything; I shall merely observe that Clewee, the pi ironer, had a motive, and I shall prove that he used expressions of the most deadly hate to ➢lr. Parker. He said he would give fifty pounds to have him shot; and on Bromsgrove fair day, the very day of Mr. Parker's murder, he stated be hoped he would find a dead Parson before him at home. Gentlemen, he did find a dead Par son before him at him, and I will produce a witness to sholf.that he knew what became of Hemming, and Hem— ming was never heard of more. And here I must observe, that great praise is due to Mr. Smith, the Coroner, for the mode in which he conducted the late investigation ; in the course of which, Gentlemen, a confession was made by the prisoner at the bar, Clewes ; it appears, had remained some days in prison when he made this confession, which I shall read to you. Mr. Serjeant LUDLOW objected. Mr. Cuawoon proceeded—Gentlemen, the whole of this confession must be given to you; but you are not bound to believe the whole of it. You may believe the prisoner when he says he was present ; but you are not compelled to credit his statement, when he attempts to explain away this presence. And, Gentlemen, I may here remark to you, that in the whole course of my prac tice I never knew an accessary who did not, according to his statement, fill a very insignificant part of the trans action. He never confesses to being the person who struck the blow or gave the poison. Gentlemen, these are the circumstances of the case. The man who murdered mming must have had sonic motive for the crime; and what motive could be stronger than that upon the part of those who knew that if he were apprehended their lives would be endangered. Such a motive had the prisoner at the bar. Some of the persons concerned in the transaction are now beyond the reach of human justice, but they have not escaped all responsibility. There is another world and another Judge before whom they must answer. And he could not avoid remarking, that there was something providential in the grave's ren dering up the mouldering remains of humanity after a lapse of so many years, to bring the murder to light. - T he following witnesses were then called for the prose cution : Charles Burton said—l live in Smikehill, in this county ; I was employed by Mr. Howard to take down a barn ; it is in the parish of Oddingley, in this county; I was employed to take it down on the 28th of December ; I remember removing the foundation near a small pool; it was some weeks after I began to take down the barn. It was on a Thursday in January, at four o'clock, I removed the foundation. I found the remains of a human body, a pair of shoes, and a carpenter'stwo-feet slide rule. These were two feet six inches below the level of the bay in which they were buried. They were in the second bay, close to the wall, next to the pool, and about three feet from the door. I did not proceed with my wort after finding these things. I covered them up. Next morning I went to Mr. Allen, at Droitwitch, and stated -I had found something. I afterwards went to a Magistrate in that borough. He sent me to Mr. Smith, the Coroner. This was on Friday, the 22d of January. I returned the same night to the spot where I found these things. I took two men with me. I remember Mr. Smith and Mr. Pierpoint coming there on the Saturday morning. I have known this barn 30 years. It is situated on Netherwood Farm. Ido not know who occupied it 30 years ago. I remember the Rev. Mr. Parker ; he was shot on the 24th June, to the best of my recollection, in 1806. I knew Richard Hemming—he was married to my sister ; he was a carpenter and wheelwright by trade. Before Mr. Par ker was shot, Hemming was living at Droit midi, which is nearly three miles from Oddingley; he was parson of that parish ; I never raw R. Hemming after Mr. Parker was shot; there was a great deal of inquiry made after him ; it was immediately after Mr. P. was shot ; I never saw Hemming since Mr. P. was shot ; at the time Mr. P. was shot, T. Clew•es occupied Netherwood Farm. Hemmings was five feet three inches high ; he usually carried a basket with tools ; I do not know whether he carried anything on his person. In answer to Mr. Serjeant Luntow—l do not know of Mr. Parker's death except from what I heard ; a two foot slide rule is carried by masons and other tradesmen as well as carpenters. Mr. Matthew Pierpoint—l am a surgeon, living in this city ; I am a Member of the College of Surgeons ; on Saturday, 23d January,"l went to Oddingley with Mr. Smith the Coroner ; I saw Burton there ; he pointed out to me a place where a barn had been removed ; he called my attention to a place near the foundation of the wall ; there was an appearance of human bones there ; I collected them together; I first removed the loose earth from the bottom, where the shoes were lying ; I then took the length from the fractured skull to the shoes ; that was about five feet four inches in length ;*I measured the depth from the top of the earth to where the bones were lying, it was about two feet six inche=. I then measured the width ; it was about sixteen or seventeen inches. It was very narrow. I then commenced to move,. first, the shoes; they contained the bones of the feet, with some dust. I then gradually removed the bones till I came up to the pelvis ; on removing the thigh bones I found a rule in a hind of pocket, or a portion of it, which I believe is usually made for the reception of such an instrument ; there were also an old knife, and what is usallr called a whet -stone, three half-pence, an old sixpence, and some small portion of woollen clothes, including a piece of the waistcoat and a portion of the front part of the waistband of the small clothes ; they appear to have been made of corduroy ; I then proceeded to remove the upper part of the bones, until I arrived at the skull ; till I arrived at the skull they were the bones of a perfect.skele ton ; I have since carefully examined the bones, and there can be no question but that it is a male skeleton ; in my opinion the body had been thrown in on the left side ; the bones of the right arm were lying across the ribs ; the bones of the left arm and hand were lying under the skull; the bones were those of a middle-aged person; the skull was lying on the left side of the face, and the whole of its bones were fractured, just across the frontal bone especially ; all the bon e s wer e smashed and broken to pieces ; ' I have seen instruments called , blood-sticks; there are various sorts of blood-sticks, and I have seen such a one as would produce that injury; I saw no injury:to the bones, except those of the skull ; I found no hat, nor the remains of one ; I placed the bones in a bag, took them home to my own house, and have had them ever since ; I showed the bones to Elizabeth Newbury on the following day ; she gave me the description of the rule before she saw it; [The bones of the skull were here produced, as were also the other articles discovered in the barn. The remains of the clothes presented a most dilapidated appearance ; in deed there was net a piece more than an inch or two square ; the knife and the rule were in so crazy a condi tion, that they had broken since being discovered, in the attempt to handle them.]—From the appearance of the bones, I should think that the man had a full projecting mouth when alive; I should think thatithe:injuries done to that skull were sufficient to produce instantaneous death". Eliza Newbury—ln 1806 I was the wife of Richard Hemming. We then lived is Droitwich, in the parish of St. Nicholas. He was a carpenter and wheelwright. Mr. Parker was shot on the 24th of June, twenty-four years ago, next Midsummer-day. I saw my husband that morning. He left home about half-past five in the morn ing. He was dressed in a dark blue long top-coat ; and to the best of my recollection corduroy breeches. He car ried a rule in his breeches pocket at all times. There was a mark at the top of the rule. It was cracked on one side near to the rivet. My husband was a short thick man, n o strong, heels,and tolerably and tie with a full mouth and teeth, and he stood one inch under the standard of the militia. His teeth were very sound annaidledstirwhite. His shoes were low, back on the heel, which wore that part of the shoe. I d in front. He trod very much do not remember anything particular in the manner of his tying his shoes. I heard that Mr. Parker had been shot about ten o'clock in the evening. I never saw my husband afterwards. Mr. Richard Allen came in search of my husband that night. He came three times to look for him. —(The shoes were here shown to the witness.)—l firmly believe those shoes to have been my husband's (she pointed particularly to the nails in the heels and the wearing away _ . of the toes, as corroborating her opinion. )--I also believe this rule—(the rule was shown her)—was my husband's rule. I described the marks upon it before it was shown to me. The mouth of the skull is like my husband's. I could swear to the teeth having been my husband's teeth. I know the prisoner at the bar. He came to our house three tithes to inquire for him. This was some time be- fore the death of Mr. Parker. I knew of no cause of enmity between my husband and Mr. Parker. Thomas Barber—l live at the parish of Crowle ;I am a victualler; I knew Mr. Parker, and remembered the time of his death; I also know the prisoner Clewes ; Parker came to my house some time before his de Ith ; just as be was going out, I remember Clewes coming in; Clewes said something about Parker in foul language, but I cannot remember the exact words; he said to the effect that there were 501. for any man who would shoot the Parson. Joseph Colley—l am a little farmer, and am '77 years old ; in 1806 I lived in the parish of Ifinley, the adjoin ing parish to that of Oddingley ; I have worked for the prisoner; I have seen Hemming and Clewes in company together at Droitwitch and at the Chequers public-house ; Clewes was drinking with Hemming: and drinking "to the death of Bonaparte of Oddingley ;" Hemming said, I have a nasty job to do at Oddingley, but it was too late to go to do it then ; he said this generally to the company in the kitchen; this was about five o'clock in the afternoon ; I remember the death of Mr. Parker ; the conversation at the Chequers was before the death of Mr. Parker. Sarah Rogers—l am forty-four years old ; I lived at Oddingley till within theme eight years ; I remember the time when the Rev. Mr. Parker was shot; it was Mid- summer-day; I then knew Thomas Clewes; there was a place called the Pigeon-house upon Mr. Barnett's farm.— There was a cellar under this pigeon -house, in which the cider was kept. I heard a great noise, and my sister and I were sitting up late—about twelve o'clock. I sat under the trunk of a tree not forty yards from the pigeon-house ; I could hear what was passing there. There were five people in the pigeon-house ; I knew their voices well enough to know who were there ; Mr. T. Clewes was one of them ; I heard them drink one another's health ; and to the parson's health they drank left-banded ; a dog then made a disturbance, and I went away; two of them came out, and I followed one to my father's door ; Clewes was not one of those ; this might be about a month before Mr. Parker was shot. Cross-examined—l was too ill to be examined before the Coroner; I told my father and sister what I had heard ; but they are both dead now ; the pigeon-house was about forty yards from my father's house ; it was on a Friday night. Susan Surman—Lived with Mr. Pat ker as servant in 1806, and used to fetch up his cows. Mr. Parker some times fetched them up himself. For as much as three weeks before Mr. Parker was killed, she used to see, night and morning, when she went for the cows, Hem ming walking up and down a field of Barnett's, which was separated from Mr. Parker's fields only by a hedge. There was a footpath in Barnett's field, but Hemming did not walk in it. She always saw him at the same place by the hedge ; he sometimes spoke to her. Remembers hear ing something about a gun. On the 24th of June she heard a gun go off, and saw Mr. Parker run through Mr. Barnett's hedges, and she heard him cry murder as she ran down the lane. On the morning of that day she heard Clewes declare that he should be very glad if he could find a dead parson when be came home from Brooms grove fair. Elizabeth Jones—Knows a person of the name of Hem ming. Has seen him at Captain Evans's. Remembers in 1806 finding a gin in a bag in Captain Evans's bay-rick. She took the gun and bag into the house. The gun and bag were covered with straw; Hemming called for it a week after, and took it away, Paying he should take it hack to Droitwitch ; that was abort a quarter of a year before Mr. Parker's death. She saw Hemming on the morning of Mr. Parker's death. Has seen Clewes at her master's house, but he used not to come very often. John Linch was passing through Oddingley on the day of Mr. Parker's death. He heard a gun go off, and soon after a cry of murder. A man named Giles was with him. They ran up, and saw a man hiding something under a hedge. Witness said to him, "Villain ! what have you been doing? " and he replied, "Me? nothing ;" and ran down the grounds, and Giles after him. The man had a long blue coat and a round hat on. Witness went to the gate of Mr. Barnett's field, and there found a man named Tristen, with whom he went to the spot whence the cry of murder proceeded, and found Mr. Parker dead. His clothes smoked as if they were about to burst into a blaze. There was a cut on the top of his eye, and he was besides shot in the loins. Giles returned to witness while he was standing by the corpse. Some other persons came up and removed the body, and witness went away, On searching the place in the hedge where he saw the man hiding some thing, he found a gun broken at the stock, inside a bag. Thomas Colville—ls a carpenter, living a mile from Oddingley ; remembers Mr. Parker being shot. Witness had been at work, and was going home, when he saw Hemming about a mile and a quarter from Mr. Parker's come out of a wood and get over a gate into the road. He had a long blue coat on. He was walking a good fast step, but was no ways hurrysome. Has never seen him since. Richard Page—ln 1806 kept the Virgin tavern, about a mile from Worcester, on the Oddingley road. On the 24th of June, in the evening of that year, Hemming came into his house and asked for a pint of ale. His coat was on his arm, he appeared confused, drank his ale as fast he could, and went off. It was a blue coat. Has never seen him since. Thomas Hill—On the day of Mr. Parker's death, saw Hemming going towards the Virgin tavern. He had a blue coat on. Rev. Mr. Pindar—Remembers the day Mr. Parker was shot. He saw him immediately afterwards stretched in the field, and heard him draw his last sigh. This was a little after five o'clock. A search was made for Hemming, the supposed murderer, and a reward of 50/. was after wards offered for his apprehension. Air. Richard Allen—ls post-master of Droitwich, and was living there in 1806. At the time of Mr. P.'s death he was a constable, and the same evening he searched Hemming's house. He searched for Hemming. Has never seen him since. John Perkins—Lives at Crowle, but in 1806 was a farmer at Oddingley ; was present at the paymaster's din ner at the Plough, in 1806. Clewes, Barnett, Banks, Marshall, and Evans, were present. There was a dispute at the time between Mr. Parker and his parishioners about tithes. Captain Evans gave as a toast " Parker left handed." This toast led to a dispute, and witness and Edward Ilareot refused to drink it. lie knew Richard Hemming by sight ; had seen him repeatedly under the hedge by Mr. Parker's grounds. Saw Hemming and Clewes at a public-house at Droitwich together, about fire weeks before the death of Mr. Parker. Clewes paid for the liquor. Cross-examined—ls certain it was five weeks before the murder that he saw them drinking together. If the deposition taken before the Coroner stated it to be fire months before, there was a mistake. It was read over to him before he signed it, hot he did not observe the mistake. Mr. Parker was exceedingly unpopular with some of the parishioners. Re examined—Mr. Parker was as kind-hearted a man as any in England. Pinnott Cole—ls a surgeon in the army. Was called in to examine the body of Mr. Parker, at the inquest.— He found a gun-shot wound on his right side; and, on opening the body, he found the main artery had been shattered by several shot. There were three wounds on the head—one on each temple, and another on the to t s of the head. The skull was fractured and beat in upon the brain. James Hoo per—ls clerk to coroner. ‘vWitness Messrs. en P d e a d r kr the e and S late mi t ; inquest Mr. ,Smith on the remains of hemming; a note was brought stating that Clewes wished to make a communi ca ti on t o t h e J ury. The note was put in ; it was as follows : „ DE,u, Sift,-1 have seen Clewes; he expresses a wish to see the Coroner and the Jury at the prison. (Signed) " J. N. LAVENDER." Air. Lavender, governor of time gaol, examined the note, PRICE 7D. Ind stated it to be his hand-writing. He wrote it at the request of the prisoner Clewes, who said he should with to see the Coroner and Jury. Cross-examined—lt was written in consequence of a request personally made to him by the prisoner. The word " prison" in the note was underlined. It was a matter of discussion whether Clewse should be taken to tie inquest, or should he visited in the gaol ; it was at witness's request the meeting was fixed at the gaol, as being safer. The Rev. Robert Clifton is not a vi.iting Magis trate, but acts for one now absent from this part of the country. Previous to this note being written there was an interview in which the Rev. R. Clifton and the prisoner were left alone; there might have been more than one inter view. Th' Rev. Mr. Clifton attended the inquest. It was Mr. Clifton that committed Clewes for examination. Re-examined—lt was at. the desire of Clewes he wrote the note. The word " prison" was underlined ;he begged to explain, because Mr. Smith, the coroner, doubt, d whether they could adjontn to the gaol, unless the prisoner wished it, and witness therefore communicated with Clewes, who said it was a matter of indifference whether he saw them at the gaol or elsewhere. James Hooper re-examined—ln consequence of the note from Mr. Lavender, Mr. Smith and the Jury went to the gaol; witness went with them. Mr. Smith told Clewes before he said any thing. that any confession or admission he made, would be produced against him at the next As sizes, on a trial for the murder of Hemming, and that no hope or promise of pardon could be held out to him, either by his Majesty's Government, or any body else. Having been told this more than once by the Coroner, he said, " Well, Sir, I shall state all I know about it." Crosss-examined by Mr. Serjeant LUDLOW.—When he I did not hear him say so. n sh o a t ll d s o lat i e t v a , ll I W k i n tn o e w ss... abr T iu o t tibt,e" beat he o y 4 ; add, b W elef Well, l Mr. Serjeaut LuoLow contended, that before the con fession made to Mr. Smith was reed, it was the duty of the Counsel for the prosecution to call the Rev. R. Clifton . To make the confession valid it was necessary it should he clearly made out to be voluntarily made. It was the duty of the Court to see that it was his spontaneous act, and . not brought about either by tonere or persuasion. If any person not in authority hail an interview with the prisoner previous to the note being read, he could not have asked to have had the party produced, but when the party was a visiting Magistrate, and was closeted with him alone, it was proper to show that nothing had passed to induce Clewes to think it would be better for him us make some communication. The second confession ought to be a continuation of the first. If the Coroner had told Clewes that his communication to Mr. Clifton would not be received as evidence against him, then he could contend against the admission of the second confession. Mr. Justice LirmsnaLz said as it was possible some thing might have passed between the prisoner and Mr. Clifton connected with the confession, he thought it would be but fair and proper on the prosecution to call OR Mr. Clifton to state what he knew, but it did not lay with him to compel them. Mr. Serjeant Rosszu, would call Mr. Clfton. Mr. Clifton being sworn, was examined by Mr. Serjeant RussELL—He is a county Magistrate. He signed the warrant for the committal of Clewes. He saw Clewes several times in gaol. He has a distinct recollection of seeing him thrice. No one was present at these inter views. Has had a correspondence with the Secretary of State en this subject. He thinks he told Clewes he would communicate with his Majesty's Government. He cer tainly told him he would use all his endeavour and influ ence to prevent any ill consequences from falling on him, if he would disclose what he knew respecting the Odding ley murders. This was before he had made any state ment. Witness was a clergyman, and was particularly anxious to have the mystery cleared up. Re-examined—Witness went home immediately after making the promise, and wrote to the Secretary of State, to the effect that he thought he had been indiscreet in making the promise, and without stating the particulars of the confession ' • asked if the promise could be held good provided it turned out that the prisoner was not the man who struck the fatal blow ; witness had so qualified his pro mise to the prisoner. He received an answer from the Secretary of State, and instantly called on the prisoner and saw him the third time, and told him that he had ut terly failed in obtainingany promise or hope forhim from G overnment—that the letter he then held in his hand he had that morning received from the Secretary of State, from which he then read a particular part which contained the reasons why Mr. Peel considered mercy could not be ex tended : one of the reasons was, that he might be the most guilty person now living of those concerned in the trans aciton. The letter is not now in existence. He had not communicated to any body the particulars of what the pri goner had said to him. Witness told the prisoner that he might still consider the knowledge as locked up is his own breast, for that he (witness) considered himself in the double light of a Clergyman and a Magistrate, and should make no mention of what had been told to him. Witness had determined rather to submit to be committed by the Crown for contempt than disclose what had passed be tween the prisoner and himself. Witness told the prisoner that there was an end of hope in the strongest possible lan guage, and more than ores. [The trial was proceeding when our account left Wor cester, which was at about four o'clock.] ESSEX COUNTY ELECTION. CHELMSFORD —The election proceeded on Thursday so inactively, that it was declared by the most sanguine friends of Colonel Conyers it was useless to protract the contest. The Colonel was determined to wait the result of the day's poll ; and then finding that his opponent had a considerable majority, he gave up the contest. At four o'clock the election terminated, and Colonel Conyers thanked the electors for the exertions they had made on his behalf. Mr. BRAMSTON came forward and expressed his grati tude to the independent electors who had come forward to support him ; and he assured them that he should be always ready to support their interests in Parliament. At the close of the poll the numbers were— Bramston 1840 Conyers 661 Majority for Bramston —1179 SPORTING INTELLIGENCE. TATTERSALL'S The interest of yesterday's betting centred in Cressida. At the opening of the room he was at 10 to 1 for the Rid dlesworth, 14 to 1 for the Derby, and 18 to 1 for the St. Leger, but by fire o'clock his party raised him to 10 to 1 for the Derby, 5 to 1 for the Riddlesworth, and 15 to for the other stakes; it should be observed, however, that the Riddlesworth odds had no takers. The Mummer was in great demand, 7 to 1 being the outside offers at the close. Mouse had no friends present, aor would tho I3runswickers do any business under 10 to 1. Wat Tyler gave way a couple of points, but Zucharelli and Moucho improved. The only bet on the Oaks was 20 to 1 sgst Lord Jersey's Fillagree filly.—An interesting day's business closed between siz and seven as under : AIDDLISWOZTX. 3 to 1 agst Lord Sefton's Sal colt 4 to 1 aget Lord Exeter's Mahe►oad 5 to 1 agst Mr. Chifney's Cressida colt DERBY. 7 to 1 agat Sir Mark Wood's The Mummer 9 to 1 apt Lord Cavendish's Moose colt 9i to 1 agst Mr. Petre's Brunswieker 10 to 1 agst Mr. Chifney's Cressida at 11 to 1 agst Lord Sefton's Sal colt 14 to I agst Sir M. Wood's Cetus (taken) 16 to 1 agat Lord Cleveland's Wat Tyler 25 to 1 agat Lord Exeter's Mahrnoud 25 to 1 agst Mr. Ita►nebottom's Zucharelli 30 to 1 agst Lord Sefton's Mouche (taken) 35 to 1 agst Lord Sefton's Captain Arthur (taken) 35 to 1 aget Lord Sligo's Brine 40 to 1 agst Mr. Petre's The Major 40 to 1 agst Lord Verolam's Vareanes colt 50 to 1 agst Lord Tavistock's Custard colt 7 to 1 agst Lord Sefton's lot (taken freely) 3000 even between Mouche and Zuebarelli 7 to 2 the field agst two. BT. LIGICI. S to 1 aget Lord Cleveland's Baby (taken) 12 to I agst Mr. Petre's Brunswicker (taken) 15 to I agst Mr. Chifney'e Cressida colt 20 to I agst Sir M. Wood's The Mummer No others named. By a letter from Ennis, we learn that three of the persons charged with the horrible offence of cutting out the tongues of the DOYLICS, at Dromelehy, in the county of Clare, were found guilty on Monday, and sen tenced to death.—Dublin Morning Register. The meeting on Penenden Heath, fixed for to-morrow, naturally attracts the whole attention of the country. The attendance will no doubt be very numer ous. We hear of preNi:ationa for " the field-day," (as Lord CASTLEILEAGI used to call a grand debate in the Commons), from all quarters. The result will be ex pected with great auxicey.—Kavid herald, Thursday, V 4l co ck, 'of 1 on igle. Mier bout loud cry wag