The Sun. — London, England, 1864-02-09 00:00:00

KIPEILIAL PARLIAMENT -o HOUSE or LORDS— Last Evening, Loirn CILA.NcELLOB. took his seat on the woolsack e u'elock. 'i'he house sat fora quarter of an hour, but no business sail transacted, and their lordships then adjourned.. HOUSE OF COMMONS—Last Evening, The SPEAKEIt took the chair at four o'clock. PETITIONS. Petitions were presented by Sir J. SHELLEY, signed by 1,000 persons, in favour of the reduction of the duty on fire inu:aners, and several other petitions to the same effect were also presented from different parts of the country. SOOCHOW. Ca SYKES gave notice that on the 16th he would call the attention of the house to the proceedings at Shanghai, when all the consuls resident expressed their abhorrence of the conduct of the Futai at Soochow, and to ask' the First Lord of the Treasury as to what course would be pur sued in order to prevent a recurrence of the events which were so much to be deplored. PARISH VESTRIES (IRELAND). Sir R. PEEL gave notice that he would move for leave to introduce a bill to amend the law relating to parishes and vestries in Ireland, WAREHOUSING SPIRITS. The CHANCELLOR of the EXCHEQUER gave notice that he would postpone bringing forward this subject rem Thursday until Monday, the 15th. LAW OF SETTLEMENT. Mr, WARNER gave notice that on Friday next he would call the attention of the house to the Law of Settle ment as it affected the poor. NEW WRIT. Oa the motion of Mr. BRAND, a new writ was ordered to issue fcr the election of a member for Brighton, in the room of Mr. Conin,gliam, who has accepted the Chiltern Hundreds. COLLECTION OF INCOME TAX. Mr. WAB.NER asked the Chancellor of the Exchequer, whether ho was aware that it had been found necessary in some cases to resort to a voluntary rate in order to provide for the collection of the income tax by parochial officers ; and whether he would consider the propriety of adopting a regular system ? The CHANCELLOR of the EXCHEQUER said that he was aware there was a necessity for amendment in the collection of the income tax, and the subject was under the consideration of Government. CHINA. Mr. W, E. FOSTER asked the Under Secretary of State for Foreign Affairs whether it was true that the town of Soochow in China had been taken from the Taepings by help of her Majesty's officers employed by the Imperialists with the sanction of her Majesty's Government; whether also the Imperialists were aided by supplies from her Ma jesty's arsenals, and whether the town thus taken was de live,•ed over to pillage and massacre by the Imperialist troops notwithstanding the protest, and contrary to the pledge of the British officer in command ; and if so, whether any and what steps had been taken by her Majesty's Go vernment to withdraw their assistance to the Pekin Go- eminent. Mr. LAYARD said that the Government was not at present in possession of the necessary information on the subject, but he was informed from Shanghai that Colonel Brown was about to investigate the subject, SOOCHOW. Lord NAGS asked the tinder-Secretary of State for Foreign Affairs whether any despatches had been received during the recess from Sir Frederick Bruce relative to the state of affairs in China ; and whether the Government have received any official accounts of the proceedings of the Chinese force under the command of Major Gordon of the Loyal Engineers ; and, if so, whether he would lay them upon the table of the house ; also, whether he Would lay upon the table all the documents in possession of the Government relative to the dis missal of Mr. Lay from the service of the Emperor of China and the withdrawal from the Chinese waters of the fleet lately under the command of Captain Sherard Osborne, of the Roy al Navy. Mr. LAYARD said the papers in question would be laid on the table, and at present he was unable to gave the in formation required respecting Mr. Lay. SC HLE S WIG-HOLSTEIN. Ia reply to Lord H. CECIL, Lord PALMERSTON said the Government had re monstrated with the Governments of Prussia and Austria with respect to the pioceedings adopted relative to Prince Angus tenburg, on the ground that those proceedings were totally inconsistent with the treaty of 1852, to which both these Powers were parties. The Prussian Government had stated their intention to abide by that treaty and maintain the integrity of the Danish Monarchy. It was announced also that the Prussian and Austrian Govern ramts were ready to discuss any questions that might arise with the other powers that were pat tie to the treaty. It was asserted that the resistance at Schleswig and the hostilities that ensued terminated the obligations of that treaty. He utterly denied that doctrine. (Ilear, hear.) If it were adopted, a strong power would have nothing to do but to make an unprovoked assault on a Power and say that their own act had put an end to any treaty. He repeated what lie had already said, that the krussian Government avowed their intention to maintain the integrity of the Daiiish'kitigelom. (Hear, hear.) 'lHid LORDS CONI'MISSiONERS' SPEECH. On the motion for the adoption of that portion of the Speech which relates to the estimates, Mr. BENTINOK expressed a hope that the military forces of this country, and more particularly the cavalry, would be maintained in a state of efficiency. He expressed a hope also that the Government would viva the house an assurance that this country would not be drawn into war. Lord PALMERSTON said he thought the subject of the tfacieacy of our troops should have been postponed until the army estimates were brought forward. He had too much confidence in the spirit and resources of the country that it would not be prepared for any emergency that might arise. With regard to the other portion of the honourable member's observations, he must decline giving any information as to what course Government would pursue under seine future state of circumstances, and ho declined to play the part of prophet. (Laughter.) If it were neces sary to make an...armed demonstration the country pos scssed strength ,and energy sufficient for the occasion. (Hear, hear.). Thu Illotioa was then agreed to. SIB, J. LAWRENCE'S ANNUITY. tho motion of Sir C. \VooD, the resolution of corn ztee that the pension to Sir J. Lawrence should be con tinued, which was seconded by Lord STANLEY, and sup ported by Colonel SYKES, was agreed to. MALT DUIY. The CHANCELLOR of the EXCHEQUER obtained leave to bring in a bill to allow the making of malt duly free to be used in the feeding of cattle, and explained that he c,niy asked for a permissive measure for two years. TREA.TAIENT OF CRIMINAL LUNATICS. TIIE SUN, LONDON, TUESDAY EVENING, FEBRUARY 9, 1864. Sir G. GREY, in rising to bring in a bill to amend the law relating to the care and treatment of criminal lunatics, said—Sir, I think I ought at the outset to state to you what is the existing form of the law on that subject which I pro pose to amend. The present law is contained in the 3d and 4111 of her Majesty's present reign, chap. 24, sec. 1. That Act was an amendment to the Act which was previously in force-oth and 10th Geo. IV., chap. 40, sec. 55. That was a geeeral Act to amend the laws for the regulation of county lunatic asylums; and the object was more eflectu• ally to provide for the maintenance of criminal lunatics in V 'ilgiaeed and Wales. Explaining the condition of the law before the present Act was passed, the right hon. gentle man vild. it might be considered as applicable to two classes I:P r ' , soners only, who on . being certified to be insane, might 0 , ,c emoyed to a lunatic asylum. The two classes of prise ue L ' S Were those undergoing a sentence of imprisonment in b •irough or county and those under sentence of trans portation ; and the Act provided that they might be certi fied to be insane by t wo physicians or surgeons, and on the certificate being received by the Secretary of State, it should be i ttw ltil for him to direct, by a warrant of removal, that the person Co certified to be insane should be removed to acme lunatic asylum, there to be detained until ho was cer tified to have become sane by two physicians or surgeons ; in which cas e, upon the receipt of ain.h certificate, the Se ere; ary of State, if the term of imprisonment were expired should be empowered to discharge him, and it not expired, to send him back to prison, with a view to his under going the remainder of his punishment. In 1310 that provision was revived, and the present law ' V at , passed making material alterations. The first alteration related to the class of prisoners who were included in the operation of the law. The object of the Act Beams to have been to remove insane persons of all descriptions charged with any crime from the prisons in which they were confined, and to subject them to proper medical care and treatment in some lunatic asylum. lhe first alteration in the law passed iL 1840 was that all classes of criminal luna tics were included in the previsions of that Act. The right hon. gentleman quoted the Act, which specified that the inquiry into the state of mind of the suspected lunatic pri soner was to be conducted by two justices of the count:, borough, or place where he was confined, assisted by two. medical men. The Act, therefore, he said, threw the re sponsibility upon the justices. Ic is under this Act that the case of Townley has occurred--a ease which has pro perly excited a good deal of public interest, and with regard to which I feel it my duty to give the fullest explanation of the whole of the circumstances which occurred. (Hear.) It is well known that Townley was convicted of murder. 1 need not enter into the circumstances of the crime. It is sufficient to say that he was tried for wilful murder, con victed, and sentenced by the judge. I may add that a plea of insanity was set up on the trial ; but that defence failed, and he was convicted and found guilty of wilful murder. The day after the trial the judge, Mr. Baron Martin, ad• dressed this letter to me : Nottingham, Dec. 13, 1863. Sir,—George Victor Townley W AS convicted yesterday before me, at Derby, of wilful murder, and sentenced to be executed. I have directed a copy of my notes to be made for you, if you s h o uld desire to have them ; bu t there is a furl report of the trial in the newspapers. Th e conviction was, in my opinion, right ; but I.)r• Forbes W i i 21519/Y and Dr. Gisborne, who was surgeon of the gaol, in whose care the prisoner hail been since his committal, were examined at the trial, and both deposed in the strongest m , Iner that the prisoner was of diseased mind, and absolu insane. I think it right to call your attention at once to t subject, with a view to a correct opinion being form el as to the propriety of his execution. On receiving that letter, I, after reading vin' attention the evidence on the trial—including of course ti e evidence of the two medical men to which the judge had thus pointedly called my attention—l confess the evidence did not impress me to the extent to which it had appeared to impress the learned judge. But I felt that a judge who presides over a trial of this kind, whose whole attention is fixed on the evidence, and who sees the witnesses give their evidence, must be much more competent to form an opinion of the weight which is due to such evidence than any other person who merely reads a report of it. (Hear.) I wrote to him, therefore, to say that it appeared to me that the evidence was by no means conclusive as to the insanity of the pri soner, and that I wished to know from him whether he had formed from the evidence he had heard given during the trial, as well as from the demeanour of the prisoner—which might be an essential element of consideration—an opinion of his own as to the matter; whether he thought, in fact, that the prisoner was insane, and whether he did not think that inquiry should take place. I received from him, in answer to that letter, a second letter, which I will read to the house. It was directed to the Under-Secretary : Norwich, Dec. 13, 1863. Sir,—l have received a letter, dated the 17th, requesting me to inform Sir George Grey whether the impression pro duced on my mind by the evidence of the two medical wit nesses on the trial of Townley, coupled with the demeanour of the prisoner, were such as to induce me to believe that the prisoner is now insane ; if so, whether I think it neces sary to have any further inquiry. I cannot say that I have formed any decided opinion on the point. The demeanour of the prisoner afforded rae no means of arriving at a con clusion. In fact, he sat on the trial with h is head depressed, so that I scarcely once saw his countenance, and he never spoke. I should not be justified in saying that the evidence of Dr. Forbes Winslow and Dr. Gisborne is not correct, for I certainly think, and I have thought ever since the trial, that there ought to be further inquiry. I enclose a copy of my notes. This is by no means the first case of a similar recommenda tion from a judge, after a trial has taken place in which a pri s oner has been convicted of murder. In some of these cases i - he defence of insanity has been set up on the trial and failed. In some it was not even made on the trial. For a series of years cases have come under the netice of myself and other Secretaries of State, by recommendations of the judge or from other persons, who, if of sufficient credit, have induced the Secretary of State to inquire into the state of mind of the prisoner. In sonic cases the in quiry has gone back to the time of the commission of the offence. I believe in most of these cases the result was a commutation of the capital sentence, and the temporary re moval of the prisoner to a lunatic asylum. The right hon. gentleman quoted the case of Dallmore, who, under some • what similar circumstances, had after being sentenced to execution, been removed to Bethlehem, and after being there found sane had been remitted to prison, end had the capital sentence commuted to transportation for life, which he is now undergoing. Ido not find the slightest fault with Baron Martin for making his recommendation. Com ments made in some of the newspapers on the case seemed to imply in some persons a total ignorance of what the law of England really was as regarded the treatment of criminals who became insane. Quoting Black stone and Sir John Hall (Solicitor-General in the reign of William III.), to show what was the law in this respect, the right hon, gentleman showed that it was clearly and explicitly to the effect that if a prisoner was found to be insane before trial he should not be put upon his trial ; and that if found insane after trial, and before execu tion, that execution should be stayed. Such being our humane and Christian law, Baron Martin had clearly no other alternative than to make known to me the doubts which he entertained of the sanity of the prisoner, and it would have been, in fact, a gross violation of his bounden duty if he had not done so. This being done, I could not justify myself to Parliament and to my own conscience, and to God, if, after the communication which had been ad dressed to me by Mr. Baron Martin, I had abstained from ordering this inquiry. (Hear, hear.) I felt that I had no choice in the matter, and I determined to institute that in quiry. In communicating with the Under-Secretary on the subject, it occurred to me that the best persons to conduct that inquiry would be the Lunacy Commissioners, who are entrusted with large powers by law to conduct such in quiries, and whose experience, therefore, is great. I re quested them, by a letter, to conduct that inquiry into the actual state of mind of the prisoner, without any reference to the opinions which had been expressed on the trial, or to the proceedings since, and to inform me of the present state of mind of the prisoner. I received their report on the 29th of December, just forty-eight hours before the time fixed for the execution. That report was not as clear and explicit as I hoped. It was a report• which did not distinctly answer the question which was addressed to the Lunacy Commissioners. It stated that, in their opinion, as far as they could collect from the evi dence they had obtained, no change had taken place in the state of mind of the prisoner since the trial, or since the commission of the offence, They stated further that in their opinion they could not consider the prisoner to be of sound mind ; but that, according to the law laid down by Baron Martin, which is in accordance with the law col lectively laid down by the judges in the case of M'Naughton, the prisoner was in a state responsible for his actions, and was rightly convicted. Now I believe that the law as laid down by the judges ought to prevail in criminal cases, and if I had followed that report alone, I should not have felt justified in stopping the due course of law, though it placed me in the painful position of doing so after their statement that they did not think him of sound mind ; yet according to the law of the land, as laid down by the judges, ho was responsible for his acts. But at the same time I received this report, I received by the same conveyance a certificate purporting to be signed by three magistrates, and by two medical men, a surgeon and a physician, certifying the in sanity of Townley. Under these circumstances it was necessary to come to an immediate decision. It has been said since that the certificate was invalid, two reasons being given—the first, lam ashamed to say, that it was signed on a Sunday ; and the other that the Act required that the signing justices should be for the county where the case was in the county part of the gaol. I feel bound to say that if my attention had been called to these facts at the time my decision would have been just the same. (Hear, hear.) The hon. gentleman defended the course he had taken iu granting a respite, showing that he had not time to refer the matter to the law officers of the Crown ; for if he had not signed the respite on that night it could not have ar rived in Derby until the night of the 30th, the execution being fixed for the morning of the 31st ; and if an accident had happened to a train or anything of that kind, it might not have arrived until after the execution had taken place. What I did was not to commute the sentence, but to respite the execution. The next day a letter was forwarded to me from the governor of the gaol, spying that he had been requested to forward a certificate to me. It was accompanied by no information that any irregularity had been committed. On Dec. 30 I received a second cer tificate without any explanation ; and then, for the firs time, doubts suggested themselves to my mind, because of its being signed by county magistrates. the names of the borough magistrates being omitted. Therefore, no sugges tion was made that that certificate was not perfectly formal; and upon that certificate, and that alone, the warrant of re moval was granted. If the warrant were founded upon the first certificate, I could have understood that these doubts with regard to that certificate might arise, although I believe they had but little foundation. It might have been a ques tion before a court of law, whether the warrant was founded upon a certificate which was not technically correct. But, with regard to the respite no such question could arise, as that was in the discretion of the Secretary of State. As to the second certificate, the feet of its having been signed by four justices and two medical men, certifying in the terms of the Act the insanity of Townley, evidently showed that they had the Act before them ; and upon that secon certifi cate I issued the warrant fur the removal of the prisoner from Derby Gaol to Bethlehem Hospital. It was said I was not bound to regard the second certificate, but to suffer the man to be executed, But such a construction of the Act is contrary to the uniform interpretation put upon it by every Secretary of State who has held office, and I have not been able to find a single exception since the time of George IV. Let any man read the Act itself, and he will see that it makes the certificate of two justices and two medical men final and conclusive up to the point at which the person so certified is removed to a lunatic asylum, and until after such removal no new process can be instituted for ascertaining whether such person is sane or not. I felt bound, therefore, under these circumstances, to issue a warrant for the removal of the prisoner, and con sequently, on the 11th of January, ho was received into a lunatic asylum. I will not refer to the correspondence be tween myself and the magistrates of t.erbyshire, because the hon. member for the county (Mr. Mundy)—who, I regret to say, is confined to his room in consequence of an accident—has requested me to abstain from doing so until he was present. T will only make this remark, that I felt it my duty to call upon the magistrates who signed the certificates, both borough and county, to ask for an °split. nation of the course w hi c h th e y h a ve taken. I have since been asked wh y I did not ca ll on th e me dical for men similar n i Se e c n r e oar explanation. My answer is that I did not do so because, as ye explanation; an ta a t t e i , o n I ;h wheread no as s right e e t r o e taiy apply of t s o t the te i medical authority to ask the mag i s t ra t es f or an exp l ana ti on ' of acts done in their magisterial capacity. The magistrates satisfied me on two points— first, that the certificates were bona fide, and only signed after due inquiry, and when they became convinced in their own minds that Townley was insane, however mistaken that conviction might have been; secondly, that the machinery of the law put in motion by the attorney for the prisoner, who had called on the magistrates to act under this law and examine the pri soner, and ho also called in the medical men who were to take part in the impiry. Ido not impute blame to the attorney for taking that course; as long as the law allowed it, he had a right to do so. But, at the same time, I think it is a serious defect in the law which e nables a prisoner, by his attorney or agent, to select the magistrates or medictel men who are to conduct an in quiry of that nature. (Hear.) At the same time I must say that no blame is to be imputed to the magistrates for the course they have takes under the existing law, one of them Ite:ving appeared not to be prepooseued in favour of the prisoner, but he was sane, and the law ought to take its course. Judging from the report of four medical men, which I have since received, I am led to believe that there had been a miscarriage of justice in this matter—(hear, hear) —and that there ought to be an amendment of the law ; and that the amendment ought to be directed to correct that defect of the law which allows this machinery to be put in motion, not by any responsible person, but by the agent of the prisoner. I propose, therefore, to repeal altogether the first clause of the 3d and 4th Vic., chap. 54, and to substi tute for it an amendment having the same object, namely, the care and disposal of criminal lunatics who should not be detained in prison, but with some material alterations ; at the same time, the provisions of the law will not be con fined to any class of prisoners. I propose also not to limit its administration to any two justices, but to vest its opera. tion exclusively in the visiting justices of the gaol—(hear, hear)—and, instead of any two medical men, as under the existing law, being called in, the duty shall devolve upon the visiting justices, who are to be responsible for the selec tion of the medical men. I think this duty might be safely entrusted to the visiting justices, who are selected from the great body of magistrates, and who are acquainted with all the details of the gaol, and who are in constant intercourse with every officer, and are acquainted with the mental and bodily condition of every prisoner lodged there. I further propose that the physi cians and surgeons who are called in shall be registered under the Medical Registration Act. Another important provision in the bill will be that the certificate of insanity by the magistrates and medical men shall be no longer final and conclusive, but that it shall be competent for the Secre tary of State, in case he entertain doubts, to order further inquiry. After the removal of Townley on the Ilth Jan., I directed, with the full concurrence of the Lord Chancellor, four medical men to make a further examination into the mental condition of the prisoner ; and they certified that he was sane, It then became necessary to consider what course should be determined upon with regard to the future cus tody of the prisoner, and the Government came to the deci sion that, after the certificates and the removal to a lunatic asylum, and after the doubts that were raised, it would not be right to send the prisoner back to Derby and order the sheriff to fix another day for the execution. (Hear, hear.) He was then removed to Pentonville Prison by warrant under my hand. I believe that we took the course most con sistent with public feeling, under the circumstances, which I much regret, in sentencing Townley to penal servitude for life. I have found no fault with the visiting justices or with any person connected with these transactions, which seem to me to have arisen out of a defect in the law. I feel, however, that I took the only course I could do consistently with my duty and with what the act required, obliged es pecially as I was to act at once on my own responsibility, since any delay on my part would have necessarily involved the execution of the criminal. (Hear, hear.) Mr. MACDONO UGH thought that, before the house proceeded to legislate on this subject, it should clearly understand what was the state of the law at present. The course taken by the Government on this occasion was a novel, but, he admitted, a necessary one. On the first day of the session, the right hon. gentleman the Secretary of State for the Home Department had given notice of his intention to introduce this bill, and he had now, on bring ing it in, favoured the house with a laboured defence of his conduct. His first proposition might be admitted with no difficulty. The conduct of the judge who tried Townley had been admirable, both at and after the trial. Having received the suggestion of Baron Martin, that further inquiry should be made into the prisoner's sanity, the right hon. gentleman had, in the first instance, desired the Lunacy Commis sioners to undertake the inquiry. They did so; and re ported that, according to the law as laid down by Baron Martin, the prisoner was sane and criminally responsible for his actions. Passing over the two subsequent certificates, he came to the last stage of the proceedings. The right hon. gentleman had eventually ordered four other gentlemen of the highest character to examine Townley, and they also had reported him sane. But in the meantime there had been what the Home Secretary called a miscarriage of justice. Two certificates had been sent to the Home Office drawn up in so much haste that both were irregular. The hon. gen tleman contended that the words in the statute of Victoria, " it shall be lawful," were mandatory, and that when he re. ceived those certificates he was compelled to act upon them. But this he (Mr. Macdonough) denied. These words, "it shall be lawful," were generally permissive ; they were only mandatory where public duty required a thing to be done. That was not the case in this instance, and, therefore, all that this Act did was to enable the Secretary of State to remove the prisoner to Bethlehem Hospital if he thought fit. The Home Secretary was not a mere automa ton, but had full discretion. The Act was clearly intended to apply to a man who became lunatic after judgment and before execution. On the receipt of these certificates a temporary respite should have been granted, and thereupon an inquiry should have been made as to how the borough justices came to go to the county gaol, and as to the nature of the evidence of insanity adduced on behalf of the prisoner by his attorney. It was the Homo Secre tary's duty to have instituted such an inquiry, and not to have allowed a convicted criminal to escape by a trick. But he would, for the sake of argument, assume that the words in the statute were mandatory, and tied up the prerogative of the Crown. What, then, followed ? Why, that the respite thus brought about was only to provide for the postponement of the execution of the criminal's sentence until sanity returned. A woman quick with child, was, if convicted of murder, respited, but only until she had been delivered ; she was then executed. Sir G. GREY—Never; not for the last 30 years. Mr. MAUDONO UGH—Which did the right hon. gen tleman mean-30 years or never? The books were full of cases in which women quick with child at the time of sen tence had been executed after delivery. If, then, the Home Secretary was a mere puppet; if the words of the first part of the statute were mandatory, the words of the latter part were also mandatory ; and on two physicians certifying the prisoner to be sane, he was bound to have ordered him to be recommitted back to gaol in order to undergo his sentence. Take it therefore either way—either that the words of the statute were mandatory or obligatory—and the conduct of the Home Secretary had been illegal, and there had been a miscarriage of justice. It had been announced that night that after four most eminent medical men had pronounced Townley sane he was not to be executed. In former times pardons in case of treason and murder were obtained by the duo influence of the high officers of State. To prevent this state of things acts of Parliament had been passed, direct ing that the mode in which a murder had been committed should be set:forth in a charter of pardon, in the belief that no being would 'put his hand to a charter of pardon of a heinous mime. By the common law, also, a charter of par don obtained by a false statement became null and void. The Home Secretary should have acted by analogy with the statute and common law, and then this marriage of jus tice arising out of a false suggestion made by the prisoner's attorney would not have taken place. For it certainly was a violation of the analogy of the law if a man was pardoned through the aid rendered to him by others who had used their infants:ice unscrupulously. In conclusion, the hon. gentleman remarked that it was a melancholy thing to consider that a man had recently left this world with the words ringing in his ears, " Where is Townley ? Where is Townley ?" (Cheers,) Mr. NE ATE thought the bill did not propose an ade quate remedy for the evil which had been pointed out, As the law stood at present, it was possible for a hopeless lunatic to be executed if he murdered his keeper during a lucid interval. Great difficulty lay in the erroneous nature of the law, which dated back to a period when there was little knowledge of mental disease. There was, consequently, at the present time considerable difference between the legal and medical notions of insanity, and this led to hopeless conflict and perplexity. He would suggest that a Royal commission, or a committee of the house, should be appointed to inquire into the whole subject, and that eminent lawyers should be thereby afforded an oppor tunity of expressing their several opinions on the matter, On the Townley case he had few remarks to make, but he certainly could not understand on what grounds gentlemen arrived at so satisfactory convictions as to the sanity of Townley. Mr. LOCKE regretted that it should be considered by many that the introduction of the bill had been made neceie sary because it had been thought by a large proportion of the population of the country that there had been one law for the rich and another for the poor, No doubt, in conse quence of the provision of the Act of Parliament which it was now sought in some way to modify persons of wealth had had an opportunity of putting the law into operation, whereas poor men had been entirely debarred from so doing. Ho would ask the right hon. baronet whether he thought the present measure would get rid of all the objections which had been brought into prominence, on a late occa sion, in the case of Townley ? It was proposed that the certificate should be signed by the visiting justices ; but would their certificate compel the Secretary of State to grant a respite? Sir G. GREY—No. Mr. LOCKE—Then where would be the alteration ? The only alteration would merely be the substitution of " the visiting justices" for the "any two justices" of the present Act ; and visiting justices were not invariably men in whom implicit confidence could be placed. Punishment ought to be certain ; and as capital punishment had not been abolished altogether, he thought that there never was a case which more called for the punishment of death than the case of Townley. (Hear, hear.) There were no mitigating circumstances in it—(hear, hear) — and it was now clearly proved that at the time of the commission of the offence Townley was perfectly sane. He must say he was at a loss to discover why Townley was not to bo executed, unless, indeed, the punishment of death was to be abolished altogether. Looking at the question logically, and bringing one's common sense to bear upon it, he could not see why the sentence was to be commuted. (Hear, hear.) The very circumstance of being placed on his trial might have affected his mind ; but he was sane at the period of his trial, and he was sane now. He begged to ask if, when representations were made by visiting justices and by the doctors as to the insanity of any prisoner under sentence of death, the same course would be invariably fol lowed as in the case of Townley. Ho sincerely hoped that, when the bill was brought in, it would be most carefully considered by members, and that they would endeavour to avoid the opprobrium which had been cast upon the law by a recent execution. It certainly was thought that if the man Wright had had rich friends he might have put the law in motion with much more reason than in the case of Townley, as it was exceedingly doubtful whether he was in a fit state of mind to be placed on his trial. (Hear, bear.) Sir G. BOWYER believed it would have been quite ha possible for the Home Secretary to have acted otherwise than he did in the case of Townley, (Hear, hear.) The very existence of a doubt upon the occasion rendered it incumbent upon him to have acted as he did. He did not think, how ever, that the right hon. gentleman acted with equal judg ment in the case of the prisoner Wright. His execution, coming immediately after the respite of Townley, had every bad effect upon the poorer classes. It had produced amongst them a strong impression that there was one law for the rich and another for the poor. And indeed they all knew there was, although to some extent that was unavoidable; still it was very dangerous that such an impressson should go forth. He had taken some pains to ascertain what the feeling abroad was, and to that end ho had visited the neighbourhood of the prison the night before the execution. No doubt he heard some nonsense spoken; but he had also heard speeches delivered which were marked by as much sound sense as any delivered in that house. Nor could he say that the feeling among those people was groundless, nor could he help feeling with them much indignation at what had occurred. As to the bill of the right laon, gentleman, he trusted that it would receive the fullest consideration ; but he could not help feeling that the responsibility which it cast upon the visiting justices was too great. Sir B. LEIGHTON agreed that the visiting justices were the persons who ought to sign the certificates ; and conjointly with them the two medical officers attached to every gaol, and not medical men picked up anywhere and anyhow, He would suggest to the Home Secretary to in troduce a new bill altogether, first repealing the 3d and 4th Victoria, instead of a simply amending bill. That would be much more convenient for justices, He himself was never likely to be called upon to determine as to the life or death of a man; but he must say, if it was his fate, under the circumstances in which the right hon. gentleman was placed, he should have done precisely as he did. (Hear, hear,) Moreover, he believed that every man in that house at all acquainted with the course of criminal procedure would have done so. (Hear, hear.) Mr. BRIGHT—I wish to say that I have felt a great deal of pain at the speech of the hon, and learned mem ber for Sligo (Mr. Macdonough). (Hear, hear.) He has repeated in this house a great deal of what we have heard, or rather seen, in certain newspapers out of it. He and the writers to whom I refer—and probably they repre sent some portion of the public—seem to be extremely un happy because a criminal has escaped not punishment, but a certain punishment, and that considered generally the most dreadful of all punishments. Now, I confess the ca lamity to me is much less than if an innocent man had hap pened to be hanged. (Hear, hear.) And therefore I would feel a great deal of consolation if I was in favour of capital punishment, which I am not—(hear, hear)—not that an innocent man was not hanged, but that a guilty man had escaped a certain punishment which the law allots to his crime. The right hon. gentleman has made a statement which, I think, to every one who heard it—except the hon. and learned member for Sligo—must have been a complete justification of the right hon. gentleman's whole conduct in this matter. (Hear, hear.) The hon. baronet who has just sat down has told us that was the effect on his mind. But I am rather sorry that an hon. baronet opposite (Sir George Bowyer) has mixed up this question with the case of another unhappy man who was executed. That is not the case be fore us,and the two questions should not be mixed into one. It was a perfectly distinct matter on which they were in vited to express an opinion. I say there is no man in this house—unless it be the hon. and learned member for Sligo —and I will not here except him—who, if he had been in the position of the Home Secretary, would have acted diffe rently from the course which the right hon. gentleman took. Why, it is a saying of an ancient writer, and not even a Christian— When the life of a man is in debate, • No time can be too long, no pains too great, (Hear,hear.) And when the right hon.gentleman had these facts before him—of the notorious insanity of members of the prisoner's family—the evidence given at the trial—l will not say the opinion of the judge—but, at least the doubt of the judge—when all this and other evidence, not of me dical men, was brought before him, I say it was impossible for him to have taken any other course than what he did. (Hear, hear.) The right hon. gentleman did not allude to a case which occurred two years ago iaNewcastle-on-Tyne. It was my fortune at that time to be applied to by a medical man in Newcastle, who is since dead, on behalf of a per son then under sentence of death, who, being a man of morose and perverse nature, had quarrelled with a rate collector, followed him through the streets, and stabbed him in the back and killed him. He was tried, and if I am not mistaken, the plea of insanity was set up, and the jury, exactly as in the case of Townley, decided that it was not a case of the sort of insanity of which the law takes cognisance, and he was convicted. The judge wrote to the Home Secretary expressing his doubts as to the sanity of the man, and I think also he expressed an opinion stronger and firmer of his being insane than in the case of Townley. An investigation took place, and the same thing was dune , es in the case of Townley. He was respited, and transferred from Newcastle to some hospital for criminal lunatics, where, if ho still lives, he now remains, and has been for some time hopelessly insane. The medical man who attends my family said that he had opportunities of seeing this per son in gaol in Newcastle, where the prisoner could not pos sibly see him, and there was no manner of doubt as to his insanity. The jury decided that he was sane, and if it had not been for the interference of somebody, and if it had not been for the proper views the right hon, gentleman took of the case, that man, though a confirmed lunatic, would have bean put to death in the presence of some 10,000 people of Newcastle. That might have been se in the present case ; and, for anything anybody knew, Townley at this moment, or when the first investigation took place, might be as complete a lunatic as the criminal at Newcastle. Then, I say, the right hon. gentleman could have taken no other course than he has don e—(hear, hear) —and if there is any additional feeling of regret, and if that feeling has arisen in consequence of another execution having taken place so near, it is very unfortunate for the right hon. gentleman, and unfortunate for a fair view of the whole case. But I shut that entirely out. It is most unjust, in my opinion, to associate the last case with this. (Hear.) I have been in Parliament for 20 years, and have been very frequently in communication with the right hon. gentleman (the Home Secretary), and others who had filled that effice—l mean in cases of capital conviction and expected executions, and I must say that I found every man whom I had occasion to see holding the office, and in no case more so than in that of the right hon. gentleman, the most intense anxiety, I believe, to do what was just, to do what the law and publics opinion would sanction in each particular case. I have not agreed with the Home Secretary in several cases on the de cision that was come to, but it was not my duty to decide. My office merely was to set before the Minister all the facts I could, in favour of a merciful consideration. I believe he has decided most fairly on the merits of each particular case, with a view as to what was right and proper, and without reference to rich or poor. (Cheers.) There must be a difference between rich and poor, if you have a law and execution of that law. It is clear that the poor man is so at present, in almost every transaction of life, placed at a dis advantage. He could not bring down from London an ex perienced lawyer at a fee of three hundred guineas ; he could not employ three keen-scented solicitors to discover every particle of evidence that could be got up. Therefore the poor man stands in a position which challenges the sympathy oflevery man who is concerned in the administra tion of justice; and especially when you come to consider the punishment of death, and to look upon it as a punish ment, such as no other punishment is, almost irrevocable. (Hear,) In these cases the position of the convict used to be far worse when the execution took place within three days of conviction, Now, when execution takes place in a fortnight, three weeks, or a month after sentence, a man lies in gaol, and unless somebody, stirred by a higher or better spirit, strives against his doom, a few paragraphs in a newspaper are all that appear to tell of the miserable and tragic story. It is in the nature of the punishment of death, and is inseparable from, that this great and terrible wrong is committed, I believe there can be no remedy so long as this punishment remains. The right hon. gentleman said, what you wanted was the certainty of punishment ; but you can have no certainty of punishment with the punishment of death. Your punishment of death is the remains of the savagery and barbarism of old times. (Cheers.) Ithas already perished before the indignation and the enlightenment of the public, except for the crime of murder. Your punish ment is at war with the best and noblest sentiments of the best and noblest portion of the people, and every year, if you allow this to go on, there will be a great war between the duty of the Secretary for the Home Department and the consciences and sense of the best portion of your population. I must say I am astonished that there is a man to be found —and I am only stating now in public what I have fre quently stated to the Secretary of State in private--that a man is to be found to hold that office, and to undergo the agony—and I have seen the agony—of having to decide upon these cases ; and if ho has not during that time ex a • mined the whole question philosophically and religiously, and come to the conclusion that capital punishments are not necessary, and that he had been able to submit a pro posal to Parliament for the abolition of this punishment. There is not a country in which capital punishment is abo lished in which there has been an increase of crime, in which crime on the whole has not diminished, and in which the public has not gained immensely. And I believe as firmly as I do anything I know, anything which is a fact, that anything which has passed for the abolition of capital punishments will not be accompanied by an increase of the crime of murder, but will tend to make life more sacred among our people, and will cease to subject in the forth course i oaf a de y m e o ar ra s l e is o i r n e g s ot' thousandsspectacle which of it your is pop possibleul t to oo holdn Sir J. PAKINGTON—The case of Tow n ley has at tracted so much public attention tha t I am ancients to state t civilised men. (Cheers.) the impression made on my mind. It will be very satisfac tory to the public that this case has been brought before the house and fairly and impartially discussed, and I must say that I do not think it could have b een brought forward in a ma nner more satisfactory than it has been by the introduc tion of the bill moved for this ev enin g . I think the right hon. gentleman has taken a course becoming his position, and has done no more than his duty in proposing the bill, and he would have failed in his duty if he had hot dealt with that state of the law under which Townley escaped the doom due to his crime. The right hon. gentleman had the alternative of repealing or amending that law, and I think there are obvious reasons why it would have been unwise to propose altogether to repeal the law ; and concurring as I do in the determination come to by the right hon. gentlemen to amend the enactments of that objectionable, and 1 might almost say absurd law, I am bound to add that I do not think he could have laid the ground for the amendment of the law more judiciously than he has explained to-night. The hon, member for Southwark made some remarks on the subject of visiting justices, observing that they are liable to the same infirmities as other justices. That, perhaps, may be true ; but if the right hon. gentleman is right in maintaining the principal enactments of the law, you must give the power to some justices. The law enacts that jus tices, in conjunction with medical men, are to have the power; and would you have them selected, as in the case of Townley, by the agent of the prisoner ? That is not, I should say, a course which the hon. and learned gentleman would approve. It seems to me, then, that no better plan could be adopted than to commit the duty to the ma gistrates who are intrusted with the care of the district gaol. Then as to the choice of the medical men. I am also of opinion that the right hon. gentleman is right in leaving it to the visiting justices on their own responsibi lity. I must now allude to the obloquy to which the right hon. gentleman has been subjected for the part he has taken in the case. It is no part of my duty to pay compliments to him. I frankly own Ido not think he would have been exposed to all these attacks if it had not been for the serious mistake which he committed in the case of Jessie Maclachlan at Glasgow, and the distrust thereby occasioned in the public mind. (Hear.) With regard to the Townley case it would be an injustice to the right hon. gentleman, of which I cannot consent to be guilty, if I did not express in the most explicit terms my opinion that he does not deserve the blame which has been cast upon him. (Hear, hear.) The chief complaint against the right hon. gentleman has been for having acted on the certificate sent from Derby. It has been said that that document was open to technical objec tions. The right hon, gentleman treated with very proper ridicule the difficulty suggested on account of its having been signed on a Sunday. The other objection is of more weight, and turns on the formal question whether the bo rough magistrates have any authority in regard to the county gaol. That is not a fair way of looking at the matter, Here is the Act of Parliament; hero is the certificate mainly and essentially complying with that Act. Would any sensible man in the position of the right hon. gentle man have ventured to send Townley to execution in the face of that certificate ? (Hear, hear.) I say the right hon. gentleman if he had done so would have assumed a more grave and solemn responsibility than any other man in his place would have dared to incur. (Hear, hear.) He took the only course he could. (Hear, hear.) The Act of Parlia ment was, no doubt, a bad one ; and here I agree with the hon. gentleman that we cannot blame the attorney for the prisoner for availing himself of any legitimate means at his command in order to extricate his client from the position in which he was placed. At the same time, everybody must feel, as a matter of common sense, that Townley escaped the gallows only by what we must call a juggle and a trick. (Hear.) As to the man's insanity, there are not fifty persons in England who do not believe that he was sane at the time he committed the murder, and that he has been so ever since—as sane as any man can be deemed who is in such a frame of mind as to be capable'of perpetrating so atrocious a crime. (Hear, hear.) Up, then, to the time of the report from the four medical men who visisted Townley in Bedlam, I think the right hon. gentleman has been most unfairly blamed, and that, under the very difficult and pain ful circumstances of the case, he took the only course open to ono in his situation. In what lam about to add I am glad to have the sae ction of the hon. and learned member for Southwark ; but I fear I shall express an opinion which is not shared by the public generally. I feel bound to say that I think the Government committed a mis take in the ultimate reprieve of Townley. I cannot un derstand on what principle of justice he was at last saved from execution. We have heard a great deal just now from the hon. member for Birmingham in opposition to death punishments altogether. That, however, is not the ques tion before us. We must take the law as we find it. Here is the case of one of the most atrocious crimes on record, without a single palliating circumstance, so that if ever a murderer deserved execution this Townley was that one. He was not, and is not, insane. He was saved by a trick. When the right hon. gentleman wrote to the Derby magis trates he reminded them distinctly that Townley's sentence was merely respited, and not commuted. No sooner, how ever, was the right hon. gentleman fully and legally at liberty to order . the execution of Townley than the sentence of death was commuted to one of penal servitude for life. The right hon. gentleman has referred to another case which happened some years ago, of a somewhat similar character. That is not a fair way of judging the present case. It ought to be decided on its own merits, and in con nexion with all.its circumstances. The shortness of time which has elapsed in the course of the proceeding: ought to be borne in mind, Had there not been a special winter assize Townley would not have been tried till March. More over, it is to the credit of the right hon. gentleman that no time was lost in the subsequent inquiries. Then, again, the very deficient Act, which it is proposed to amend, ex pressly states that when the sanity of a prisoner is again established the punishment is to revive. The right hon. gentleman quoted a passage from Black -Btone in which it is laid down that in a case of in sanity execution is to be stayed. No one can doubt the propriety of that rule ; end it must necessarily be left a matter of discretion, under such circumstances, how far the punishment is to be revived. Seeing, however, that in this case the sanity of the prisoner was placed beyond a doubt, considering the shortness of the time which had elapsed and the atrocity of the crime, I cannot but think that justice should have been allowed to take its course. (Hear, hear.) As to the case of 'Wright, the right hon. gentleman was exposed to a degree of pressure such as few Ministers, per haps, could have withstood, and acted, in my opinion, with a firmness which did him great credit. (Hear, hear.) Leave was then given to bring in the bill. CONVEYANCING, &0., (IRELAND) BILL. The ATTORNEY-GENERAL for Ireland obtained leave to bring in a bill to amend the law relating to con veyancing, special pleaders, and draughtsmen in equity purchasing in Ireland. METROPOLITAN RAILWAY SCHEMES. Mr, MILNER GIBSON, in moving for a committee to considering the best method of dealing with the railway schemes proposed to be sanctioned within the metropolis by bills to be introdueed in the present session, and to re port whether any, and, if any, what schemes should not be proceeded with during the present session, named Mr. Milner Gibson, Lord Stanley, Mr. Massey, Colonel Wilson Patten, and Mr. Herbert. He proposed that a message be sent to the Lords to acquaint them that this House has appointed a committee consisting of five members to join with a committee of the Lords "to consider the best means, &c, and to request that their Lordships will bo pleased to appoint an equal number of Lords to be joined with the members of this house? He would state the general grounds on which it appeared to the Government desirable to adopt that course. it would be remembered that during the last session the committeee of the other House had been appointed to con sider the railwaytbills which had been introduced during the past session, and that they had made their inquiry a preli minary step to any bill, being proceeded with in the other house, and had recommended that some of the schemes then proposed should be stopped. It had appeared to the Go vernment that, if an exceptional course of that kind were desirable with reference to that class of private bills, at any rate it should be concurred in by both Houses of Parlia ment ; that a committee of one house, or a committee of either separately, was not so desirable for a preliminary in quiry of that kind as would be a committee composed of members of both Houses of Parliament, thus giving the whole weight of the Legislature to a recommendation with reference to these railway bills. The House of Lords' Com mittee of last session had recommended that there should be a committee for the purpose of subjecting the metropoli tan railway schemes of the session, previous to a second reading, to a critical inquiry. In all probability the other house would adopt that course, whatever course were adopted by the House of Commons. It appeared, therefore, to the Government to ba a proper course, considering the vast number of important railway bills affecting the metro polis which were proposed to be introduced during the pre sent session, considering the magnitude of the interests with which they interfered, considering the great powers they asked for taking land and houses, and considering the great interference which were proposed with the pub he thoroughfares and drainage which would take place during the time these railways were under construction, that there should be a committee for the purpose of considering those railway schemes as a whole—for the purpose of endeavour ing to give Parliament that advice which, on the whole appeared the most desirable to be foll owed, in order, if addi tional metropolitan railway comm unication were a necessity of the day, that communication might, at any rate, be after full and careful consideration, and with the minimum of interference with local interests and the maximum of public convenience. Though the proposal he now made on the part of the Government was novel, it was not altogether w ithout precedent. He need hardly say that the subject of metropolitan communication was of vast importance. (Hear, hear.) The bills con cerned both Houses of Par liament an d it was desirable that the recommendation of a committee should have the authority of both pollees. (Hear, hear.) He thought a joint committee like that prop ose d was much more likely to give a united authorita tiveopinion than if they were to consist of separate corn. mittees. He had reason to believe that the proposition would be favourably received by the other house. If, how ever, the other house should, on consideration, decline, the proposal he now made for the appointment of the committee of the House of Commons would be complete as far as it went. The right hon. gentleman pointed out the necessity of grouping the schemes now proposed, which, he said, as far as concerned the limited area of the metropolis, fur the present session involved an expenditure of £31,000,000 or £35,000,000 sterling, and scheduled out for railway pur poses one-fourth of the area of th e City p r oper. (Lau g ht er. ) U n der those circumstances he hoped that the house would feel that the Government had only done their duty in pro posing the course to which he then asked the house to as sent. The right hon. gentleman concluded by proposing his motion. Mr CRAWFORD said this was not an engineering plea. ••• tire tion, but a largo question of social economy, and involved I num, less income-tax, p;:yable---entCo7l9l.ll reoo le to important interests of a large mass of the population, that a balance of £3,000 for the reserve fund, an, c a rters of would not have an opportunity of being thoroughly con- credit of the next account. A mile and three - r tl elaid w ith sidered in this committee. He adverted to the vast number the l ine between Lur g an and Moira have bec n tensi „ re of railway stations projected in the city, which, he said, had tisli-jointed rails and creosoted skepers , sr°, „,, e t the a prospect of all the railway accommodation that could be newals of timber and ballast have been cffeeti,e. required. He dwelt upon the enormous amount of property growing requirements of the traffic, and destroyed in furtherance of railway schemes, and upon the the opening of the Banbridge line, four Posv! r t ? bu t c all niggardly compensations, as well as upon the personal in- were ordered for delivery in July and k eg ust iron i n g convenience sustained by individuals, especially the poorer two of them were delivered in December last• an d classes of persons. Vester'' of the communication with the Irish North -1 wagon to be Lord IS rANLEY said he did not rise to express any Midland lines at Clones caused the company s accou nts opinion upon the question of metropolitan railway come less available than formerly for local traffic. All a id ena munication, nor did ho wish to object to the present pro- in respect of the Clones Extension line ha been nfpital ac position of a joint committee of both houses ; aura he settled witb the contractor and engineer. The 0 c e,57 7 bad hoped it would not be inferred that it was to be pce- counts of the old and new lines show that £ l , 3 ' dent for future occasions. This plan of a joint committee been expended. in an truipl actniognivoe was practically a novelty. There had been, itervas true, joint committees in very remote times, hut the object of such joint committees was not to make a report. They were appointed for the purpose of collecting information and preparing iden tical evidence to be laid before the two Houses; so that practically the present proposition was a novelty. The re commendation of the committee appointed last year was against the appointment of joint committees and in favour of having the number of members serving on committees reduced from five to three ; and further, that either house would take the report of the other as sufficient for the pur poses of examination. He believed that if the private bill business was to be retained before Parliament, that was the only way to deal practically with it ; and that it was a better plan than joint committees of both houses. He thought in this case it would have been better if the initiative had not been left to private enter prise ; for, although he believed that Sir Robert Peel was right in not giving the initiative of the railways to the Go vernment, yet in the case of London it would have been better if somebody whose opinion would be listened to with respect had been appointed by Government, and that, put ting aside all the plans proposed by the railway companies, the Government had brought forward the scheme devised by such a functionary, and offered it for completion to any party who would give the necessary guarantee. By adopt ing such a course the Government would have obtained a more complete and homogeneous system than at present. But the time was now too late for it. (Cries of No, no.) Well, if it were possible still to adopt such a system, he could only say it was so much the better. Mr. MASSEY was of opinion that a very little exten sion of the existing railway s would amply meet all the wants of the capital, without cutting up and destroying the town n all directions, as was contemplated by the various projects now before the house, lie disapproved of the proposal to inquire by a joint committee of both houses. Lord J. MANNERS concurred in the opinion expressed by his noble friend, and thought the proposal of a joint committee of the two houses was both too late and insuffi cient for any useful purposes. Sir J. SHELLEY also described the proposal as crude and unsatisfactory, and having urged the advantage of delay, moved the adjournment of the debate. The amendment was seconded by Lord ENFIELD, who advocated the appointment of a Royal Commission, with a rigid exclusion of civil engineers. Mr. Crawford, Mr. Scourfield, Sir M. Peto, Mr. Selwyn, Lord Fermoy, and Mr. Locke participated in the discussion which ensued, and Sir J. Shelley having consented to withdraw his amendment, the motion for a committee was agreed to. The other business on the paper was also disposed of, and he house adjourned at 20 minutes past 12 o'clock. RAILWAY AND CANAL BILL . :n ti t It appears from a return of the Board of Trade j tigt ' 65-g • ta h l a t t i the number of bills relating to railways in Gre at jrl .: Of' and Ireland deposited for this session amounts 0 3 . 4 ,, this number 294 authorise new works, incladin,F2, bills promoted by new companies, and 113 bills proutotee; existing companies. Of the 152 bills promotod by . 11 , ' or railway companies, 131 are for the construction off 114 ° lll ' ;0 ay in England, 7 for the construction of 114 mil e ' ' Scotland, and 14 for the construction of 174 miles of rai l in Ireland. With respect to the 143 bills promoted bY.e-10( i r n a g companies, 123 are for the construction of 711 ol les s o f lway in England, 15 for the construction of 63 miles railway ofrail in Scotland, and 5 for the construction of 61 18 0ew . way in Iceland, The total length of proposedilio, lines is, therefore, 3,099 miles; and there are in ad ° 166 miles of deviations from lines already authoriiech RAILWAY BILLS. Ord e b P Yesterday, before the examiners,the Standing were declared to have been compd with in r espe t ~1 1i ; following railway bills:—Waterford and Weaford, 'Ito? Pi i ng -Norton and Banbury, Wallingford and 'Otlilest L iti verpool Central Station, Alford and Mablethorpelritop ding and Grimsby, Maidstone and AshforJ, /8 Stamford, and Essendine (Sibson Extension) Granor s 0 Western Canal and Bristol and Exeter Itail waY 'c - toD g' and South Wales Union, West Drayton and ch ' i bti g ia Holywell, Rickmansworth, Amersham an d , Y e Grir (Level Crossing), Weald of Kent, Ha ling `and` J• stead, Cuckfield and Hayward's Hath,YLond'on n il 13 , 1 :0), wall (Extension), Blyth and Tyne (additional P° North Durham, Blyth and Tyne (new worksawes,). „8 Nv . ,asilil6 The only case of non-compliance tau and Wiltshire. _____............ RAILWAY INTELLIGENCE, THE GREAT EASTERN. The directors of this company have declared - a dividend at the rate of two and a half per cent. per annum on the ordinary stock of the company for the half-year ending the 31st of December last. VALE OF NEATH. The directors of this company have agreed to recommend to their proprietors at the half-yearly meeting to be held on the 19th inst., the declaration of a dividend on the ordinary stock of the company, at the rate of 4 per cent. per annum, MID KENT. The half- yearly meeting of this company was held yes terday, at the office, Duke-street, Westminster, Mr. W. A, Wilkinson in the chair. The re?ort stated that the agreement with the South- Eastern Railway Company having come into operation on the Ist of July last, the company are now in receipt of the interest payable by that company on the Mid Kent Com pany's share capital, in lieu of the traffic earnings. The rent charges and the half-year's interest on so much of the debenture debt as was created for the purposes of the main line being also payable by the Southern-Eastern Company, in accordance with the agreement, the directors are in a po sition to recommend a dividend of 31 per cent. for the half year. The South-Eastern Company have introduced the necessary bill into Parliament this session for the formal completion of the agreement which now regulates the rela tions of the two companies. The works on the Addiscombe Extension have been unexpectedly delayed by the wet autumn and other causes, but the line is new practically completed, and will be opened in the course of the month. The capital account shows that £153,451 had been expended. The CHAIRMAN, in moving the adoption of the report, said they had made a very satisfactory agreement with the South-Eastern Company. No one could grumble, as they had obtained a fair interest on their outlay. He believed it was an equally good agreement for the South-Eastern Ccm pany, The cost of the line was moderate, and from the ex isting traffic on the railway he thought it was quite as de s:rabic for the South-Eastern to have the line as it was for the Mid Kent Company to sell it, Mr. L. SIMPSON seconded the motion, and it was carried unanimously. A dividend at the rate of 31 per cent. for the past half year was declared. Captain Edward©, the retiring director, and Mr. Room, the retiring auditor, were re elected. The CHAIRMAN said they were obliged to keep up the direction of the company until the bill passed. The proceedings concluded with a vote of thanks to the chairman and directors. GREAT SOITTIIERN AND 'WESTERN. The report of the directors of this company states that £224,226 had been received for traffic durinz the half-year ending the 31st of December last against £217,712 for the corresponding half of 1862, showing an increase of £6,544. Out of the net surpias revenue for the half-year of £93,639 the directors recommended that a dividend at the rate of 4a per cent. per annum be paid to the proprietors on the consolidated stock of the compan, leaving £8,319 to the credit of the next account. The Irish South-Eastern Rail way, from Carlow to Kilkenny, became amalgamated with this company on the Ist July last. The branch from Ros crea to Nenagh was opened for traffic on Oct. 5, but, owing to the unfinished state of the stations and approaches, has not contributed much to revenue ; unexpected difficulties have prevented the completion of the line to Birdhill, but it is now in a very forward state. The company had been reluctantly obliged to cease working the Bagnalstown. and Wexford Railway, between Bagnalstown and Ballywilliam, as in its present incomplete state the receipts were insuffi cient to pay the expenses. The directors have entered into amicable arrangements with the Grand Canal Company ; and also for through booking of goods and passengers with every portion (~1 the London and North-Western Railway, the Cork and Waterford steam companies being parties thereto ; all of which, they trust, will insure that harmony and unity of action so essential to the development of rail way traffic. The capital account shows that £5,652,416 had been expended, including £142,824 for the purchase of the Irish South-Eastern Railway. The revenue account for the half year ending Dec. 31 shows that £226,094 had been received, and £100,928 expended, leaving a balance of £125,166, to which is added £1,559 from the preceding ac count, making an available sum of £126,725, out of which £33,086 has been deducted for interest on loans and prefer ence shares, leaving as above £93,639. GREAT WESTERN OF CANADA. The loss on exchange by the conversion of American money received for the earriagz of through traffic from the commencement of the current half-year to the 23d January, 1864, amounted to £38,020, and at that date there was a further sum of American funds still remaining to be con verted of 73,013. SCINDE. It appears by advices from Kurrachee of the 9th January that this company's staff of engineers was then about to commence the survey of the line for the extension of the railway from near Kotree along the Indus Valley to a junc tion with the Punjab Railway at Mooltan, and that the authorities had directed that every information and assist ance along the route should be given to the company's engi neers in order facilitate their operations. With regard to the company's steam flotilla, it was stated that the number of voyages performed between Kotree, the present terminus of the Scinde Railway on the Indus, Sukkur, and Mooltan, was 42 during the year 1863, against 28 in the year 1862. The gross earnings of the flotilla for the half-year ending Dec. 31 last amounted to 370,000 rupees, against 300,936 for the last eight months of 1862, showing a considerable increase, ULSTER. The report of the directors of this company states that the gross receipts on the Ulster and Dungannon lines for the half year ending December 31 last amount to £62,440 against £57,639 for the corresponding half of 1862, show ing an increase of £4,891. The working expenses amount to £28,923, which represents the cost of working 105 miles for the whole period, and 15 miles of the Banbridge line since the 13th July. The locomotive charges were some what increased by the deficiency of engines, and the conse quent necessity of having the entire stock almost daily in steam. The increase in the working expenses, after de ducting £1,804, received for working the Banbridge line. was £2,523. After paying interest on loans and other pro ference charges, the total sum available for dividend was £21,912, out of which the directors recommend a dividend of 255. per share on the £5O shares, and 12s. 6d. per share on the £20.5 Wares ' being at the rate 9i 5 per cont. per an- COUNTRY MARKETS. ar o COLCHE STER—FEB . 6. t his r We had a small show of wheat on offer at er q uar e ; to-day, and former prices were exceede by 15. Pother A 6 Fine malting barley scarce, and quite as dear l os old r in fair demand, and late rates supported. 13e rather higher in price. ~ Wheat, white. '44e 50s Beans,Mazaga"aii.Ve 59 red 40s 44s middle . it Sra . .35 5 Q6O Barley .. 3 40 v Oats GLOUCESTER—FEB. 6. ft° There was a good show of English v0' 11(33 ,1,,r in ' II tDe t to-d il l,. 0 4 the farmers which met a fair sale at prices rau . '"" c e 0 - of sellers, Foreign wheat dull, with no adiran prices of last week. Barley, oats, and beans dull. deo 3 NORTHAMPTON—FEB. G. t rates ":„e3 The trade in wheat was moderate, but reel vi sa form es. 3 9 s t 0 , 4 1 ,2 5, to re m Is hi-her. Barley in middling deplane], al l " ov er N r ',A late rates. Oats in good demand, and rsther,s; f i tie, so6 , rates.—White wheat, 43s to 47s*- red, to —s per qr. Barley, 34s to 375-- -- gr iu , d c iu r 4 16 ' Oats, 18s,to 32s per 24 stone. Beans, ov 3 -0 30s o 38s per qr. ..1 CHELMSFORD—FEB. 5 ' . • oli csv ier At this corn exchange to-day there wa S ' fair all over At a nd 359 wheat, which met a rather dull sale. 33 articles firm, and unaltered in price. . ,3 65 6 0 Wheat, old white...3os 48s rats, Partrgig°"...3o4 410 new ..44s Ms White • • '''' ' 55 0 6 , 3 0 old red....34s 41s Boiling '''''''' .5." ./ 0 new 38s 4 2 s Dun ...... .'''. •••" 4 39 0 Barley 25s 34s Ditto new ' , old '' 34 B ,A Chevalier 26s 37s Beans, Ti c ' .1 cv. ' S ° ne- :350 ~,f Grinding 20s 29s rrclr..o ' ~...0 ,•$ Malt. 6lB 67s Harrow . 1 v i.. ,P ne . 30$ Chevalier ... 64s 69s .... Oats 20s 28s Mazagail '' COAL ?noes of, Coal per 'ton at no rite'' tne close ot the P.'. Walls 4 15 . South 6 Hartlepool „ K e lloe ......... 6 9 East Hartlepo'_,ool.••l6 Triradou Har 17 0 South Har tlepool g Riddell ..... • C a ssop. . • • Wharucliffe..%•oo,,•,. Brsddytra Ileu ••0 Tunsta" .• •• ' • 0 0 t Hetton ...... o ISouth Hett0n.......1,41 Gostorth• ..... • ,0„..10 5 Haswell.• • "' 0 Caradoe .7, ........... "19 6 Tx itud on 11° ' 0. ,,,.•'16 Itussol's }lotto Whitworth... • • 177; B ° lj. 9(7. s. d. Bower's West Hartley.ls 0 l3yass's Bebside West Hartley ....14 9 Lambert's West Hart- ley 14 6 V , alker Primrose 12 9 Hastings Hartley l4 9 West Hartley l5 0 Davison's West Hart- ley 15 0 Cowpen Hartley 15 0 fanteld Moor 15 6 Tantleld Moor Butee 15 6 Eden Main ...18 6 Bates'sWest Hartley..l4 Holywell 17 6 Wylam 16 6 Walls End. Heugh Hall 19 0 1 Ships at market. _.----._ --- Foreign Mail racket TASt‘ - _ d Brazil (la n c la innieEttas p B l l hfsya,ra3o e redn)s, ,c ,)oer,o a arr:),c isofpun, snbhaauvr e ite r i altdnie , :12 . snl liabilitiesathd: lVerde,iie .Ascension,l‘ausieicnsapoAiietublrytevlvyttoslhoiLi usoaanßann.l Marseilles Singapore,. I s i a Dt .vs t trui ,tvairsd.voitts:hi.ehihieusai .eP.1,.:51 ' 'l. l, n. 'S l el : c . tP' oc t i 1:. : I : tr i ii t : : : :a tt 6l I.tvl' . . e. y i a i 11 . : 1 I l i '''. I I ill. ~..P.t.1e,:0,c..:;:i..•...ti. ~;°::, 1 .:: : 1. ••: , :1 ':t. 7 1ceee e tbiFeb'): ; . 1 11 111 b t. ,,) : '‘l , e :116.:' 1 6 '5: a 1157 ' •• • •' t . , CapeGFalklandib r a o , o, l osv l d; ands China, Penang, and India lndia (( B C (Calcutta), I m c ü b_ t a ... 0 0 4 P m o u r l t t u a gr E t 1.. . . ... via. :N' . 1 a . I . Be ''.: w 14 ....... Alifir..oo.il.l°.:'::.ft,:eep,;: 1,, , Egypt, and and Aden, via illes •a •• •' , Yew Newfoundland .......... . 1 1 ' Oporto and Vigo ....................• .. .••• %Tel), U. S. and British N. ArneriCa, Ciiirit• P ........... 17 , 11' by ILS. pa get.. fee, ill' by Canadian P" .;Fob, i , l i.. s;olyrtsh. e.a.wpt0n.•....feh,.,,, 6, W.C. of Africa, Madeira, and Teneritfo .... •'' o' Bahamas, via New Yo lt, .. ' I .: ' MexicAll parts of 'West Indies, ...... .......•.. n.g....1Vi1i: f • jer e o ............. : ............... ..V t' ' California. and Brifisimbia"....... ... l ast f:cipdßilr:othousisrAPersons dTe., debts ca rd e .l3oo n s l r . arees under £5 ure o obtainf their iti th goods' i o n u e t rtt'unutainEyllt, eic;liplirP:cti °ors::10:4,911: gate-street, Bank.—ADvT. 0 1'; iti l/v Rptc:ertsfltecioetitmn most digestion, s Rt e v disordered al c ue ttpf ir maoseAynosadaglyri ibeacnisb t 11 a 3111 O e i•O mErr.]—Avold mediciOeS: 000 4 00 ~ ee t , i o c ba r syo Food,esy e s i rinCusoti ucahrithvasr°sca'.oooteu,:roo::::: vate chronic complaints, but Du BarrY ° Pe as 0 " to ill : r i v n e v s , ar s i o l u b u lY d eulurensgSt'4 o7 ,ssaitlial e eol4 or enfeebled ffeuenbciteid.onavcrl reeg:rt„.tiliollies.,teatie he 3W: or "visJ of 60,000 Cures :—Cure No. 58,216 Wastingf-- or ; a. - o years, debility, withAtivearnekervmpoluasinpLaipitatjoos.!l:tiloe:,...;;; agitation, and dreadfully low spirited.—ate I l as ° . 0 ,01 Stuart de Decies, Lord Lieut. of Waterford, °ool)3l)l`ipstie' dyspepsia. —No. 49,832. " Fifty years' d 6 co°, 6t ,lol li 'd from dyspepsia, nervousness, asthma, cough'3lsr'll,reP flatulency, spasms, sickness, and vomiting•tey, 5.0,0,: —Cure No. 46,270. Mr. James Roberts, of Friniar 4,',,,pet`.; thirty years' diseased lungs, spitting of o+ thirty Pl-'oo,', ment, and partial deafness. —Cure No. 47,121' ,tuerilei,lt Jacobs, of extreme nervousness, ndigestion..oeS, 0;4 spirits, and nervous fancies. —Cure No. 54,81',100 saa_eet., T. Campbell, Fakenham, Norfolk, ‘' of indie.Lia ti.cotw .412, dity of the liver, which had resists 1 all rnect72o., i124'0'oloot; In tins,l lb., 2s. 9d.; 21b., 4s. 6d ; 51b., lio• ; ...wet , I) o ti 40s.—Barry Du Barry and Co., No. 77, Regent 7 .d 0.0 4 also Fortnum and Mason ; and all Grocers a n d / very town of the U nited Kingdom----- . _.---• i --- wife' t ...------- Births. 0 0 land -gate, ~,,, ALISON—On the Bth inst., at 43, Rut , a 00 Ayo Lieutenant-Colonel A. Alison, CA) 0 ! .„,r,seetit, v Hicxs—On the 6th inst., at Southwia_ f u ao n uerli go park, the wife of Colonel B • arch kiick °. ll I t°t ST. LEGER—On the 6th inst., the wife of Major St. Leger, 0f a daliClr-OsTeert TATLO2.—On the Gth inst., at Leven air hter worth, Mrs. Tom Taylor, of a d ~ 4 1 1 0 marriages. ot ' t ,,o' • do t r, the 4th 111-11'l, o• HORNCA.STLE—FAIIIMOVIE---va ' castle, o' lterr„, James's, Paddington, Mr. John Unr o l l _ -t Bllen, c 1611:, pe ' hope-terrace, Hyde-park-gardens, of w a ckn ed ' ~,, Edmund Seymour Farbrother, sel'i 1)! ; '" , ClsY 0 shire ... wt., .r.,, P' l' tD ° HANKEY—SOTITIIEY—On the 4tn., • Tiodiespris, o. Einest, youngest son of John Ver„orietta , ora l Park-crescent, Portland -place, to J-L:vect of a Farketeir' wojo eldest daughter of Thomas Southey •••• house, Clapham park tefo o' o ;• Death s. .. 4 9i.5 .- 0 .0 T ithairr'7l.;l 6°lji BENTLEY—On ill° Sth inst., at of A & air ' .erf Cl ° . ,OraleA 1 at 13111.. l‘hloautsteh,eawgeßdei7ll.ey, Esq , hito of the ~)- 3 azorgo 10:0 CLovER—OR the 2d in.st., c,urlifiljj' , Esq., aged 75. DADTaYv—y,Ons tcihiela3tdeionfstE G o A t t b D e Wigbt' tig‘ GORDON —On Ber k 82, t 13er' 11 °II , ~ ..t W*ll.stree_t ON GEREON--011 the Gth ins , ., .. •► ,sf pra ip . a 0 Amy Louisa, youngest datrehter u• o °lll Esq., M.P., aged 30. • - liP er li ; HALLOWES—On the 6th d .t . a t Itlablijge' ten, ClaP Gordon,th e 4 tll i ne:secittd.a.,S:a°,a, atagttleZe°dll3o,ii6-3C6er,,t.rf:isfic: tiopfoi , 1 , 1, I ; , , 130::)41 lower, Lieut. R.N., a g e — et ~..0 7 ° HARRIS-0n the 3d. ;Jot,' at ~ -'4B' • ' l 9 _,,,,,,,,• --- 010 Harris, Esq., agea , • ______.----,0- r ic. • a t --- --- --- ' 7. '- r.---- ' - 1.---- _—•- - irr --- -- - .--------4-.o,l4)A—ofnce 041.• London : Printedprtqislied uy ...,_, $ 1 .0 . 0 co of No. 122, St rand, Printer, she gar i . Strand, in the freCillet Of tl_' l (1 700. tuatueloc—TueodAY. rcPru3'' ti,eTh• e r ja riy io e ,l Pebr u INTI Icon i g i rl I t i ,Peti r s ,„; 41arch,) Li T 1 , e All ar e Ar T ed , t 0 bE P Ph • Aii• r • ae T 4 —Da