The Sun. — London, England, 1844-02-01 00:00:00

aleaeral was totally unsupported by the judgment of that Judge. Counsel next referred to the case of the liEng v. Watson, a case of treason, and quoted from Mr. Justice Bailey, who, in his charge to the grand jury,.. held that there must be previous consultation and design to establish conspiracy. The jury should believe that the parties actually did consult for a criminal design, before they could hold them guilty of con spiracy. He came next to the third proposition of the Attorney-General, and entreated the attention of the jury. The Attorney-General said that, provided a man subsequently came into the common design, he was equally responsible as if he had been associated from the beginning, as a criminal conspirator. Perhaps, by-and bye, the Solicitor-General would endeavour to explain, and get the Atturney-General out of this absurdity, by contending that the parties subsequently coming in would become responsible by seditious and illegal acts —by calling large multitudes, and uttering seditious speeches. The Attorney-General, in support of his proposition, had quoted Mr. Justice Bayley. (Counsel read from the opinion of that judge, to show that the cases were not at all analogous.) He would now deal with another proposition of law of the Attorney-General, who had referred to the case of Redford and Births, which arose out of a far-famed transaction in Manches ter, in 1820. They had all heard of the meeting on the 16th of August, 1819, at Peterloo, in Manchester. Mr. Hunt, who was in the chair, was arrested, and several persons were Billed. Hunt was prosecuted, and the indictment charged him with a conspiracy. There were three counts. He was ch arged with conspiracy, confederacy, &c., with the other persons indicted. The Attorney-General of that day did not think it safe to go to trial merely on three counts for a conspiracy. He knew it would be a novelty to an English jury, and, therefore, added a fourth count, for attending an unlawful assembly. They were tried at York, and the case occupied ten days. The Crown strove, by every means, to establish a conspiracy, which was the very question for trial before the jury—it not being competent to any judge to declare any man a conspirator until twelve men on their oaths, who are not judges, had found him to be so. That tribunal, the jury, decided that Hunt was not guilty of con spiracy. They gave that verdict, not because they were political partisans, or men of one-sided views in politics; but they gave their verdict as honest Englishmen on their oaths. Redford, who had been wounded at the meeting, brought his action against the man who wounded him with a sabre. That case was tried. There was a plea of not guilty, which is as much as to say the act was not done; but that plea was not always safe, and there were other pleas, to the effect that the meet ing was illegal and the plaintiff, being there illegally, the defendant only did his duty as a yeoman by assisting to disperse it. Conspiracy being illegal, it became ne cessary to prove it, and a witness was produced who had been 111-used by a party engaged in drilling pre vious to the meeting. That very evidence must have been given on Hunt's trial, who was acquitted of the conspiracy ; but when the evidence was tendered on the civil action, it was admitted by the judge, and the jury found a g eneral verdict for the defendant. A motion was made to set that verdict aside, on the ground of the admission of illegal evidence. The judges refused to set the verdict aside, and the Attorney-General referred to the dicta of the judges in support of his view of the conspiracy and illegal meeting. The judges in that case only referred to the admission of evidence, as to the drilling, to go before the jury in a civil action.— And it was in such a case as this that the Attorney- General sought a precedent and authority to prove a conspiracy and illegal meetine. here. Hunt had been acquitted of conspiracy, and the judges had not, in fact, the question of conspiracy before them. The dicta of the judges about the admission of evidence of drilling in Manchester, had been urged by the At torney-General in reference to the Repeaters, who had no drilling at all. The Attorney-General had only read a small extract from Lord Wynford; he (Mr. F.) would read the entire of it, with note and comment. Lord Wynford referred to the parties engaged in drilling in Manchester being armed, in rank and file, and firing at the word of command, being ordered to advance at the sound of trumpet. Such were the drillings Lord Wyn ford spoke of. Was it fair to read the extract the At torney-General had read, without bringing under the notice of the jury the sort of drilling that Lord Wyn ' lord had spoken of ? A lawyer was bound to state the "law fairly and candidly—above all, he was bound to do so in a State prosecution, where a man of his:own rank, in ills own prof'es,ion, who had peen nearly half a century di :•tinguislied in his profession, was concerned. The At- Genv- oral, in such a case, was more especially bound tom when a man was concerned who to state law faiTly, had been so long his admitted superior in . the profes sion, and who N'tas charged with a crime for which, if he were found guilty, he would be conveyed to a dun geon in the closing period of his life. If ever there was a case when it became the duty of a barrister in the discharge of his public duty to prosecute a brother _barrister, he ought to do it fairly , ju stl y , honourabl y ; but if in the discharge of that public duty, as Attorney- Genoral or Crown prosecutor, he aims below the mark — if he cites the law Tor own particular purposes, and omits passages which he ought not to have omitted—if lie seek a conviction, no matter by what means it is to be obtained, he is no longer deserving of public respect or of public confidence. He (Mr. Fitzgibbon) if he .had stooped to act in the manner he had described, N aroulii cease to enjoy his own self-respect. He could no t, consent to earn the guilty wages of professional suc cess ; he would feel that he had been guilty of an act of turpitude, zvhich would fdr ever disable him from raising his head in solnjetY; The jury. he was quite certain, of the history of their coun could not be totally"o u tant try, or of the °Teat eN l'uts which took place in their hemisphere. 'Rey were nj! ignorant that when Wil liam the Conqueror landed in E nt m ild, the g reater por tion of the population of the island were bond slaves. This was an indictment charging the defendants with the exhibition of great physical force. It did not charge them with seeking to attain their Aga by the use of physical force—the use of it was not at eu con . templated. An immense mass of the community were dissatisfied with a law, and they came forward in large masses, to express their determination never to cease their constitutional efforts until that law shall have been repealed. And the Attorney-General calls that a crime. Was there a crime in the attainment of Magna Charta ? Was there no exhibition of physical force at Runnymede, with the Barons in full armour, requiring their Sovereign to sign a charter they had bought ready made ! That is a charter which no At torney-General, no Judge, no King would dare to say, that, because it had been procured in that way, it was, therefore, void. But there were other instances in English history of great changes produced by the very same means. Was there, in fact, any great change produced without them? Was there no ex hibition of physical force at the Clare election ? The people were discontented with the state of the law, and they sought, peaceably and in large masses, to effect a reformation. Why was this a monstrous case? Became the Ministry of the day sought to get into their hands a scourge to prevent and repress the expression of popular discontent. He next referred to the period of the French revolution, when an indictment had been preferred against a great man, Horne Tooke. As in this case, a chaos of papers had been thrown on the table, and the jury were left to spell their way through them. That prosecution had been counte nanced by the King—it was pressed with all the energy of the Attorney-General and Solicitor-General of the day ; but the common sense and honesty of the jury prevailed—they found a verdict of not guilty. He (Mr. Fitzgibbon) felt a great responsibility in this case, from a knowledge of his own deficiency. in the case of Hardy, public liberty had for ite champion Mr. Erskine; Hardy was acquitted. They then brought forward Tooke, and he was acquitted. The Crown still persevered, but each successive jury defeated their ate tempts to establish constructive treason, and that was the last attempt in England. At this moment (two o'clock) the Court retired for refreshment. During the absence of the judges and jury for re freshments, a scene of the most singular, remarkable, and truly unprecedented character took place in Court which perhaps it ever fell to the lot of a journalist to record. It was observed that some hasty observations, and in a very excited tone and manner, passed between Mr. Fitzgibbon and the Attorney-General, and there was, to use the language of Mr. Sheil, " a hush of public expectancy and almost breathless silence ;" when, after a I much more protracted absence than usual, their Lord ships resumed their seats upon the Bench. Mr. Frrionnsoil rose and said—My Lords, as I was coming into Court after having, from the effects of ill ness, endeavoured to take a short respite in the library, after an exertion not very seasonable, having regard to the state of my health, a note was put into my hand, signed by the Attorney-General, which I ask him now to read to your Lordships. A short pause ensued, and the Attorney-General having made no reply, Mr. FITZGIBBON continued—My Lords, I hope that in opening the case, I did very clearly and very plainly express my Sense of the position in which I had been professionally placed.. I think I did very clearly and plainly express what my opinions and what my feelings were in respect to the gentlemen who here represent the Crown. I very clearly separated any reference in whatl said of my pr i vate f ee li ngs f rom w hat I consi dered my duty required of me to express, not in refer ence to themselves porsofially, but to their conduct in • this prosecution, tend I do not think that I travelled out of the .line of my duty in making those observations. I observed upon no act or thought of a single one of them, except an act done or a thought ex pressed in the course of this prosecution. I said very plainly and distinctly th a t I would despise myself if I left unobserved any point upon which my client might observe if he were in my position ,an d defendi ng him self as his own counsel, or I n' traverser at the bar, and defen ding myself. a I pursued what I oonsiderod to be the course which my duty indicated, and I do n 't thi n k I w beyond it. Now, my Lords, I ask the Attorney Genet neral to hand up that no to ; and if he will not, I will tell your Lordships the substance of it. He tells me in that note that I have given him a personal offence, and he calls upon me, if I. do ttot apologise for it, to name a friend.—(Sensation etrouwhout the Court.) I need not advert farther to his possitio n or to mine on the present occasion, nor is it necessary for me to refer to my pecu liar position at this mon tent, while defending one of the traversers here ; but, w ith these observations, I shall leave it with your Lordsb ips to deal with his conduct. The ATTORNEY-GENE rAL rose and said, in rather an indistinot tone—lf Mr. Fitzgibbon has any application to make to the Court, let', it be made in the usual form. Let him make an affidavit, setting ftwth all the facts. Mr. FITZGIBBON (virarmly)—l never will. The ATTORNEY-GENERAL I then have to state that he attributed Ito me in this Court—and it Was so taken dowt in writing by some of my friends—that my pu, title conduct in the conducting . and ca rr yi ng on o f t l lose pro se cutions was influenced by rivate and dishont ,urable motives. By the effect which the result of - th kis prosecution, in its failure or otherwise, might hare upon myself or my personal inte rests. Ido not think any counsel is justified, even in his public capacity, in attributing such unworthy and unwarrantable motives to me, as that I could be influ cued in this case by any interests with respect to the political party to which I belong. I did then, and Ido still, feel very much offended at it —very much irritated at such an allusion—and I consider that no observation which could be used could more strongly tend to excite such a feeling. Certainly, if language of the kind was not intended to convey a personal imputation on myself, I cannot conceive anything easier than for a gentleman to state that he had been misunderstood by myself and my friends. Those are the circumstances, and if there is any question to be properly brought before the Court, whatever its rule may be, I am perfectly cer tain it will not sanction any personal imputations on the counsel who are engaged in conducting it. Mr. MOORE was about to make some observation, when Mr. FITZGIBBON again rose and said—l beg your pardon ; allow me to address the Court. My Lords, I could very well understand the good sense and pro priety on the part of the Attorney-General of calling my attention to anything which I said that might have offended him, and I could equally understand the pro priety of my acting in accordance with the feelings and principles of a gentleman, had he permitted me the op portunity of taking that course which propriety would dictate. I will not now say what I might have done under the circumstances, for that was not the way he acted ; but, with a pistol in his hand, he says to me, " I'll pistol you unless you make an apology ; ' and I cannot help telling him now, that such a course won't draw an apology from me. _ _ _ Some minutes elapsed without any further observation having been made on either side, the Court having been engaged during the interval in consultation. Cann' JUSTICE—Mr. Moore you were going to make some observations awhile ago. • Mr. MOORE—Really my Lord, I am afraid, after what has lately occurred, of making any observation at all in the matter. What I was going to take the liberty of suggesting to the Court, in reference to an occur rence which I am sure every individual member of the bar, and the public, will equally regret, in a case like the present, where the feelings of every person engaged on the one side or on the other, are necessarily very much excited, and in which I should hope every indulgence might be extended to anything irregular that may have occurred—what I was going to take the liberty of suggesting was, that as there appears to exist a very warm feeling on one side and on the other, an opportu tunity should be afforded of allowing that to subside, and of removing on both sides any misconception that may have previously existed. That was the proposition I was going to to take the liberty of making. I cannot attempt to justify what has taken place, nor am I au thorised to interfere in it; but from the position which I have the honour to hold, and the sincere personal regard I entertain for both gentlemen, I think it might be desirable for their own sake, for the interests of the profession, and the sake of the public at large, that the Court should allow some interval to elapse, in order that those feelings may subside, and this most unpleasant affair may be satisfactorily arranged. CHIEF JUSTICE—The Court are very much indebted, and very much obliged to you, Mr. Moore, for the part you have taken, and the short explanation you have given. The Court feel themselves placed in a very em barrassing and perplexing situation. They feel unwil ling to give any intimation of their opinion as to the propriety or impropriety of what has taken place in Court, being willing to make allowance for the excited feelings of the gentlemen concerned in a case of this na ture, which may carry them beyond what their cool judg ment would approve of. They, therefore, give no sort of intimation at present of what their opinion is in regard to the conduct of the gentlemen at either side pending the trial of' this case. They feel it to be a very embarrassing case to be required to pronounce any sort of opinion while a case of this nature, in which the public is so much interested, is depending before the Court, the jury, and the public at large ; and they also feel that of all men in the profession, the Attorney-General is the last man who ought to have allowed himself to be betrayed into such an expression of feeling as has been stated to the Court as having taken place during our absence, for although we were not personally present, it yet oc curred while the Court was sitting in the discharge of its judicial functions. The ATTORNEY•GENERAL—I have to state, and my friends tell me so, that the note was written very hastily; but considering the position I was placed in, and the strongly irritated feeling I was under, I concur in what has been suggested to me, and I have no objection to withdraw that letter, but I shall make no further turns about. I feel that I was very badly dealt with, and I leave it to the Court to consider what course the gentle man who used that language ought to adopt in regard to what is due to me. The CHIEF JUSTICE—The Court are bound to consi der what took place as if it occurred during the business of the Court, and we can't by any possibility allow it to go further. It must be put a stop to.: Mr. Moore—l know how very difficult a position lam placed in ; but I would take the liberty of suggesting to Mr. Fitzgibbon, after what has been said by the At torney-General, that he should admit that he has fallen into an error, which any man may fall into ; and I only suggest to him what I would do myself if I were placed in the same unpleasant situation. Mr. FITZGIBBON—Your Lordships have heard—and all who are now present have heard—what fell from me in the course of my address to the jury. The Attorney- General has repeated what he says was taken down as my language, and he says that I imputed to him dis honourable motives—of being influenced in his public conduct, in regard to these prosecutions, by the love of place, or desire of place, or personal advantage to himself. My Lords, that language did not come from me—l carefully avoided it. I spoke of Lord Coke and others being influenced by those feelings which every public prosecutor was more or less influenced by in those days, and which might appear to influence public justice ; but I appeal to your Lordships' recollection whether I ascribed to the Attorney-General one single feeling dishonourable to him more than what I suggested was the cause of unusual warmth in a public prosecutor in all eases of this kind. I regret extremely that the Attorney-General before he took the course he did, did not address me, for I stand here uncon scious of having either said anything or done any act with the intention of wounding the feelings of another. I never imputed personal motives of a dishonourable nature to the Attorney-General. What I have done, my Lords, in this case, and what I have said, I have said and done in the discharge of what I conscientiously felt to be the duty I owed to my client. I did not speak of him except in the opening of my address to the jury, and in what terms did I speak of him then ? I spoke of him as a gentleman in the best sense of the word— I spoke of him as a lawyer in the best and most dig nified sense of the word. Such is the character and extent of the language which I applied to him personally. Did I not say all that in his behalf ; and did I not add that my personal experience of him fully warranted me in saying thus much? This was the extent of my personal allusions to the Attorney-General, and if in the subsequent part of my address I made any reference to him, I did so in the discharge of the duty which, as an advocate, I owe my client, and my remarks were meant to apply to his conduct in the present case and to nothing else. lam not disposed to claim as a right the privilege of canvassing the conduct of the Attorney- General. If it be a right it is to me a most painful one; but when I am defending a gentleman who has done me the honour of anficling to me his defence, where he is accused of an atrocious offence, I feel it to be my impera tive duty to analyse the official conduct of the first law officer ref the Crown in the present case; but out of the present case I will not travel. I spoke of the Attorney- General as a public man, and as such only, in reference to the present prosecution. I spoke of his conduct in the present case ; but out of the present case I did not for a moment travel, nor did I allude to one solitary act of his life unconnected with this trial ; and am I to be told that I am to make an apology to a g entleman who The CHIEF JUSTICEYOU may have misunderstood the Attorney-General, Mr. Fitzgibbon. Mr. FITZGIBBON—My Lord, it is totally impossible that I could have misunderstood him. The CJ U EI JUSTICE—Yes, but, Mr. Fitzgibbon, we are all liable to fall into error, and it is possible that there may be misconagtions on both sides. Mr. FITZGIBBON—Iay Lords, the first emotion of my mind, when I got his note was —no, I will not say what it was—my second was to let him out of the difficulty in which he had placed himself. [Here Mr. Fitzgibbon was handed in a piece of paper, in shape not unlike that on which the alleged challenge was written ; but he tore it across, and flung the frag ments under the table. The CHIEF Juoucz—l was going to say that - the whole matter had now been under the consideration of the Court, and that there was no necessity to go any fur ther into a statement of the circumstances. Mr. FITZGIBBON—I have been misunderstood, my Lord. Ido CHIEF JUSTICE—The Attorney-General has with drawn the note he has addressed to you, Mr. Fitzgibbon. He has expressed his regret that it was written, and wishes it to be regarded as if it had never been written. He misunderstood you. Mr. FITZGIBBON—My Lords, any man must have grossly misunderstood me who imputes to me the intention of attributing base motives to any one in the discharge of my professional duty. If I could for a moment imagine that any man could conscientiously suppose me capable of such gross conduct as that of imputing to the Attorney-General base motives—l having nothing on earth to say to his motives—l can only say that such a man has grossly misinterpreted me. Were I, indeed, capable of acting such a part I could never again esteem or respect myself, and the direst punishment that could befal me would be the self-reproach which would follow me in every scene of my life. I only spoke of the Attorney-General in his official character as the law adviser of the Crown ; and my remarks had only refer ence, I again repeat, to his conduct in the present case. Mr. MOORE rose and said that the g entlemen at both sides havi ng g i ven eve ry explanation that could be 6Z , pected from them, of whatever was disagreeable in this distressing occurrence, he hoped that the matter might now be fairly considered as set at rest. lie trusted that it would be passed over in silence and consigned to obli vion for ever. The CHIEF JUSTICE (after consulting with his bre• thren) said that the Court felt exceedingly obliged to Mr. Moore• for the part he had taken on this perplexing and and the distressin g Court mTst aseiarnon.estTlyhetrunisattel r th w a a was iptow wouldat rest,not be necessary hereafter t o ad ver t i n any t manner whatso ever to what had taken place. He should hopeitwasno; necessary to say any more on the matter than had been already stated. The ATTORNEY-GENERAL-4 of course acquiesce in every thing that has fallen from the Court. I have with drawn the note, and, inasmuch as I understood Mr, Fitzgibbon to repudiate the idea of imputing any un worthy or personal motives to me, I can only say I am satisfied. The CHIET Jun - toil—That this unpleasant matter may at once be set at rest, the Court think that they may call upon each gentleman to declare that he is satisfied to abide by what has just fallen from Mr. Moore. Mr. FITZGIBBON—I can only say that I did not mean to attribute any unworthy motive to the Attorney- General, and I have no other feeling towards him at the present moment different from what I felt this morning. Thus the matter dropped. Mr. FITZGIBBON then resumed, and continued his ad dress until a quarter to five •'oloek, when the Court rose, the Learned Gentleman being still in possession of their Lordships' attention. When the Judges were about to leave the bench, Dr. Gray said, my Lord, I beg leave to know if I oan offer a few words to your Lordships with respect to what occurred today in Court. The CHIEF JUSTICE—We cannot hear you now, Sir, address the Court. Have you not Counsel, and have you not been heard through your Counsel ? Dr. Gray—lf your Lordships hear me for a few mo ments, I will not trespass long upon the attention of the Court. CHIEF JUSTICE—The Court will not hear any gentle men when they have Counsel. Judge PREMIX—And during the speech of their C ounseL _ __ _ Cunt JusncE—And during the speech of Counsel. The Court then adjourned until ten o'clock to-morrow morning. SPIRIT of the PUBLIC JOURNALS. FROM THE DAILY PAPERS OP YINTERDAY. GLOBE.—The proceedings were resumed on Monday morning. On the Judges taking their seats, and the members of the jury answering to their names, Mr. John O'Connell requested to make an ob servation on a remark of Mr. Sheil, in his address to the jury, which, if not explained, might compromise his reputation, by seeming to impugn his consistency. That considerable " sensation" should be caused among those who heard the declaration—made in such a place, and under circumstances such as those in which the declarant stood—can be easily imagined. As an abstract question, the repeal of the legislative union may be held, and even discussed, without exposing the person who holds and asserts it to the penalties of the law. The point in issue between the Crown and the traversers is, whether the means by which they have sought to effect their object have been such as the law allows, or such as bring them within its penalties. This is the question to which the attention of the jury must be confined; because it is the ques tion on which they are sworn to return a ver dict of "guilty," or " not guilty," respecting each of the traversers. Mr. John O'Connell might, there fore, safely make the declaration which he did with out perilling his individual case ; and, if he considered that declaration due to his consistency, he did right to repudiate the idea which his counsel suggested, as a mode by which the Repeal question might he compro mised, but in which he (the defendant) could not concur. The adjournment of the Court on Saturday at the close of Mr. Sheil's speech, was an act of considerate justice on the part of the Judges to Mr. Moore, who would otherwise have had to address the jury for his client (the Rev. Mr. Tierney) under manifest disad vantages. During the protracted trial of Warren Hastings, a similar testimony was borne to the powers of Sheridan, then in the meridian of his fame. At the close of Mr. Sheridan's mightiest effort within the walls of Parliament—the speech with which he opened the fourth charge against the impeached party—Mr. Pitt moved an adjournment ; observ ing, " The wand of the enchanter is upon us ; it is in vain to attempt an application of the judgment to the charge before us, while under the imme diate influence of the fascinating power to which we have been subjected." Read in connexion with Mr. Sheil's speech, that of Mr. Moore, as an orato rical effusion, will fail to a l gae the same feelings of delight. As the close reasoning of a lawyer, whose duty it was to examine each count of the indict ment, and to show how futile had been the efforts of the Crown lawyers to sustain those counts by the evidence they had adduced, Mr. Moore's speech is deserving of no ordinary praise, and will, we doubt not, be highly appreciated by the bar, and be carefully scanned by the jury. It cannot be too frequently brought before the mind of the public, in order to show how utterly the evidence brought forward has failed to sustain the indictment, that the indictment charges " conspiracy," and this alone, against the parties. Failing to establish " con spiracy," the indictment is at an end. There is no count for attending .unlawful assemblies. The Attorney-General has not ventured to take issue on the question, whether the meetings of the Asso ciation were, in the legal sense of the term, unlaw ful assemblies. There is no count for sedition. But extracts from speeches are set forth which are alleged to be seditious, in order to sustain the charge of conspiracy. Mr. Moore's clear and forcible exposure of the form of the prosecution, by which constructive evidence on such a charge is sought to be substituted for direct testimony, deserves the careful considera tion of every man capable of understanding a legal argument expressed in popular language ; as we hope and believe it will have from the jury, on whose verdict the case will be decided. Mr. Hatchell's address to the jury in behalf of Mr. Ray, the Secretary of the Repeal Association, was short, considering the length of the speeches which had preceded it. It occupied only two hours. The skill with which Mr. Hatchell dissected the testimony of certain of the Crown witnesses, and exposed the dis crepancy of their respective statements—the suspi cion which he cast over the whole case for the prose cution, by the refusal, on the part of the Crown, to adduce evidence which was within their control, and essential to their case, from a fear lest the ad missions of facts, or contradictions of the witnesses they did call in, in certain statements they had made, were fine specimens of forensic power, and opened up a new difficulty to the Solicitor-General in his reply. The copious reference made to State trials in this country at different periods, and his application of the doctrine held by English Judges on those occasions to the case then under trial, showed how, laboriously Mr. Hatchell had prepared himself for his undertaking, and will, doubtless, convince even the exclusive jury which the Attorney-General has obtained, that they must be more determined to con vict the Repeal leaders than to return a verdict in consistency with the Constitution, if they bring in a verdict of guilty, on the indictment before the Court. STANDARD.-1 he speeches of Mr. Moore and Mr. Hatchell, at the Dublin State trials, do not call for any particular observation. We de not say this in any disrespectful sense, for both the addresses were able and lawyer-like; but, unlike Mr. Sheil's, they adhered so closely to the subject matter of the charge, that to pronounce an opinion of the degree of success of either would be to trespass beyond those limits to which a considera tion of what is due to the administration -of—justice confines us, until the verdict shall have been de livered. The not inopportune illness of Mr. Fitz gibbon on Monday, abridged that day's proceedings to the extent of enabling Mr. O'Connell to take his place at the meeting of the Repeal A association, where he suggested a badge or uniform, to be worn by Repealers. This is, perhaps, to be a practical proof of the defence mainly relied upon by Mr. Moore and Mr. Hatchell, within a few hours before, namely, the absence of union and concert among the Re pealers. In regard to the trials the Whig journals in England go to lengths far beyond what even the retained advocates of the traversers have as yet ventured. If we understand them rightly, there can be no such thing as a political conspiracy, no such crime as sedition—a line of defence which, perhaps, they may safely take, because they are not responsible to courts, or juries, or to any authority save common sense ; but which it would be desperate folly to offer upon an actual trial. Every book on Crown law tells us that there is such an offence as political conspiracy, and reason demonstrates that it may be the highest public offence short of high treason, and separated from that highest of all crimes by a very narrow and uncertain boundary. The practice of the late Government abundantly proved their sense of the existence of such a crime ; and we find the very first of Whig law authorities, the late Lord Erskine, thus de scribing it, and showing the perfect compatibility of the punishment of the offence with even his most liberal notions of the sovereignty of the people; we quote from his Lordship's celebrated speech upon Hardy's trial, where ho recites the law, as laid down by the Lord Chief Baron Macdonald. " The question is not what the people have a right to do—for the people are undoubtedly the foundation and origin of all governments—but the charge is for seditiously calling upon the people, without cause or reason, to exercise a right which would be sedition, supposing the right to be in them. For though the people might have a right to do the thing suggested, and though they are not excited to the doing it by force and rebellion, yet as the sugges tion goes to unsettle the State, the propagation of such doctrines is seditious. There is no other way un doubtedly of describing that charge." This quota tion meets the whole case of sedition and of sedi tious conspiracy, and it derives additional force from the liberal opinions of Lord Erskine, and from the occasion on which it was delivered. We submit it to the serious attention of our Con temporaries, who deny the possible existence of political conspiracy as an illegal offence, and affect to treat the punishment of such conspiracy as fin invasion of the primary right of freemen. Lard. Erskine plainly thought that there is such an offence its political conspiracy, and that it may be ptiishe d, lea a leaving altogether unim pairedo thepeople,"of which he prosecuted ~ was the ardent votary. I n other respects the de feuo set up by the Whig jour nals is foo lish ; for while they admit what, indeed , it 'Would th e and sovereignty be absurd to detiy, the convergence of the whole repeal agitation to one ,fie.: - -namely, the repeal of the union and to one central authority, the organised Repeal Association, they 'affect kb era,- mine the practical proofs of a concerted design 1 2 to p I unsettle the State," 1y u cotplUvol pin oyeent 7 i THE SUN, LONDON, THrRSDAY EVENING, FEBRUARY 1, 1844. each of these practical proofs ended as it were in itself : just as if, upon on indictment for riot, to which three persons are necessary to constitute the offence, John should insist upon being tried without reference to the acts of James and Peter, indicted with him, or even without reference to the existence of such persons in rerum naturce. In all cases, however, of riot, riotous assembly, conspi racy, &c., it is the number and the community of purpose which makes the gravamen of the charge ; these proved, the acts of each individul become the acts of all. After all that we have written for the last three or four years, it would be a ridiculous prudery on our part to aff ect to conceal our con viction that the repeal agitation has been carried on by an all but treasonable conspiracy, if, indeed, the conspiracy has not been absolutely an a c t o f hi g h treason. The only question which we are not at liberty to touch, because the only question upon which the jury have to decide,i s the connexion and 'the degree of connexion of the several traversers with that conspiracy, the character and extent of which were as well known to every man, woman, and child in the United Kingd om t we l ve months ago, as the rising and setting of the sun, and made known chiefly by the zealous exertion of the conspirators to give notoriety to their proceedings. What the judges have to say is, whether such a con spiracy is lawful, an d upon this p o i n t th ere can b e really no second op inion; and what the jurors ha v e to find is, whether Mr. Daniel O'Connell, Mr. John O'Connell, Messrs.Tierney,Steele,Barrett, Duffy,Ray, and Doctor Gray, or any of them, has had a p ar t m it. In this narrow compass lies the whole question— tedious as the proceedings have necessarily been, and copious as have been the dissertations of our con temporaries upon those proceedings. We knew not whether it is worth the while to rem ar k h ere th a t M r . l Sheil is in error in saying that all the parties so disgracefully prosecuted for conspiracy in 1823 were acquitted. Of th e seven accu se d one on l y (M r . Brownlow) was acquitted, and against him no evi dence whatever had been adduced. A s t o th e other six, the jury disagreed, notwithstanding the Attorney-General (Lord Plunket) had set aside thirty of the panel—all Protestants by the way, and some of them among the most respectable merchants and citizens of Dublin notwith standing, too, that the traversers had not challenged one man, Protestant or Roman Catholic. At the conclusion of the affair the jury were dis charged, but the traversers were held to bail to be tried at the succeeding term ; and tried they would have been had not Lord Plunket been called on in the House of Commons, by the late excellent Lord Farnham, to answer for his conduct in the matter. And now; as our Whig Contemporaries have a fancy for Irish politics, we invite their attention to the resolutions agreed to by the dismal remnant of the Irish Whigs, at their late meeting at Charlemont House, Dublin. They have hitherto observed a re markable silence with reference to this document. We could wish to say a few words about it, but though we made it public (exclusively) two or three days ago, etiquette requires that the Whig friends of the party from whom it proceeds should do the formal honours of an introduction to the notice of the Eng lish people. Let it be remembered, that in this dreary manifesto the Irish Whigs say all that they have to say. STATE OF TRADE. (From the Manchester Guardian.) The advance in the price of Cotton in Liverpool, con sequent upon the latest advicos from the United States— amounting to fully id. —has had its effect upon our mar ket here. As might be expected, as the result of this con tinued excitement in the Liverpool market, ours yes terday was a little unsettled. There was no lack of orders offering, but the speculative rise in cotton ap pears to some extent to have arrested their acceptance In yarns there was a little more disposition to purchase manifested by the shippers, and prices may be said to be from id. to id. per pound higher. Yarns for home consumption were also in good demand, and highe prices were obtained. In goods, a fair business wa dune at the highest prices of last week. ROCHDALE FLANNEL MARKET, MONDAY, JAN. 29. — There has been a rather busy market to-day, yet there have not been so many pieces sold as might have been expected from the numerous attendance of buyers. The manufacturers have stood out for an advance of prices, and many have obtained a little more for their goods, but nothing in proportion to the advance of wool. The demand for wool still continues good, and prices firm. COMPLETE SUFFRAGE. A meeting of the friends of the Complete Suffrage move ment was held at the Crown' and Anchor Tavern last evening, Sharman Crawford, Esq., was announced to take the chair. At half-past fire o'clock, and previous to the discussion, a large party sat down to tea. The large room was well filled by the company, amongst whom were Dr. Bowring, Messrs. Joseph Sturge. G. Goodrick, and A. Allright, of Bir mingham; W. Tillet, of Norwich; Dr. Thomas Price, the Rev. E. Miall, editor of the Noncomformist newspaper ; the Rev. T. Spencer, of Bath ; the Rev. C. Stovel, and the Rev. E. Halliday, of London ; Dr. Epps ; Messrs. Vincent, Davy, Gardner, Marshall, Woodyard, Hare, Clarke, of Enema borough, &c. At seven o'clock Mr. T. Duncombe, M.P.,entered the room amidst great cheering. Mr. S. Crawford not having entered the room at seven o'clock, it was moved by Dr. Price, and seconded by Mr. Meggs, and carried unanimously, that Mr. Joseph Sturge should take the chair until he arrived. The CHAIRMAN then opened the meeting, and called upon nn e p f unexpectedly Dr. Bowring to propo se the firs t resolution. eY to propo s e f or th e i r adop tion was calledthe first upon s tmost sentiment exe venin g Dr. Bowarsra , who was rec eived with lout cheers, said he w only source of l e g itimate p ow er , all other power not emanating from th em being essentially unjust in its origin, and tyr annical in its exercise."—( Loud eheers.) r It was because the people had been forgotten that England had keen delivered over to monopoly, political, commercial, and educational—that oppression was at that moment stalking un checked in Ireland. bringing about a state of thi ngs w hi c h no friend to the co untr y could look upon without alarm ; that an attempt was made in Scotland to cut up a State Church in dis regard of public opinion ; and that the people of Wales were, many of them, sow suffering the sev ere pena l t i es o f t h e l aw. If this nation h a d ever been great, if it had ever been illustri ous, if it bad ever afforded an example and encouragement to the freedom -seeking portion of mankind, it was because the ground-work of the Constitution was the influence of the people, and that upon that influence the power of the country was erected.—(Cheers.) They were approaching a period when every man would be compelled to come forward either for or against the people.—(Mr. S. Crawford here entered the room, amidst much applause.) It was a satisfaction to those who really represented the people to have an opportunity im mediately before the meeting of Parliament of ascertaining the state of the public mind, and of deriving thence motives which should enable them to do their duty. Their duty might soon be perilous, but their strength was in the strength of the people, and their fortitude must arise from the people's support. — (Cheers.) They ought not to band about violent words, to utter threats, menaces, and vituperations in relation to their adversaries, for they had a nobler work to do, and in that work they must exert all their energies.._( Cheers. ) Mr. S. CRAWFORD then addressed the meeting. He first explained the cause of his not being there earlier. He had, on Monday last, as was his custom before the meeting of Par liament, rendered an account to his coastituents of his conduct during the preceding session, and the account being considered satisfactory, he had been invited, and had accepted the invi tation, to dine with them yesterday, and he had not been able to reach town in time for the meeting.—(Hear.) He counted it a high honour to be called upon to take the chair on that occa sion. The time was one when all the friends of liberty should be on the alert.—( Hear, hear.) What was now going on in Ireland was a sample of what they might expect in England. If the e xperiment which was now being tried there were suc cessful, it would perhaps, before many days elapsed, be tried upon th e mselves.—( Hear , hear.) It was the duty of English men, therefore, to take measures for securing their liberties. He had taken the liberty of submitting a plan of proceeding at this time to the consideration of the people of England and their representatives. He would ask that meeting, were the complaints of the people either heard or redressed by the House of Commons ?—(Loud cries of " No, no.") When petition were presented, Alembers were prevented from saying one word with regard to the petitions or their object ; and when motions were made on the subject of the people's com plaints, the discussion was swamped by there being no House, and they had to begin over again.—( Hear, hear.) Now, he believed that there was a constitutional remedy for this. The rules of the House of Commons had provided, some hun dred years ago, that, on the motion that the Speaker do leave the Chair to go into Committee of Supply, any Member might discuss any grievance of the people. Let them have recourse to thie right, and the grievances of the people must be heard. He concluded by calling on the meeting to support the people's representatives in the House of Commons. The Chair was then vacated by Mr. Sturge, and taken by S. Crawford, Esq. Mr. J. DUNCAN rose to se cond the sentiment proposed by Dr. Bowring. The occasion was most appropriate for such a sentiment. The time was come for the people to take advan tage of the diffusion of the doctrines of moral force to carry war into the camp of the oligarehy.—(Great cheering.) In the reign of Min, when the Magna Charts was passed, the nobility laboured only to emancipate themselves. Similar in principle had been all the movements of the Nobi lity in relation to the cause of liberty. The revolution of 1688 simply transferred the Crown from James the Second to Wil liam the Dutchman.—(Cheers.) The public completely under stood now that Whigs and Tories had no care for anything but their own party interests. The principle for which they eo n . tended was that the people should be invested with national sovereignty. He then referred to the French revolution, and said the persons who prepated that revolution were the oligarchy of France; and it was only because the English people were more patient and virtuous that a similar outbreak did not take place here, and that formed one of the strongest grounds for extending to the franchise eotnplete suffrage—(A " Universal")—well, universal suffrage.—(Cheers—Another voice —" The Charter"—Loud cheers.) Let them not intro-. ' duee verbal distinctions when a_ great principle was at stak e .— (Cheers and interruptions.) claimed for every man who contributed to the defence and support of his country the right of voting. It was impossible that they could be worse go verned under a democratic system than they were under the existing Government, and, cons idering the evils which n ow ex isted, he asked all classes to support the Movement in.which those present were engaged. The Rev. T. &mcee, o f Bath, rose to propo se " The advocates of the people's rights. May the day not be far dis tant when their efforts shall be crowned with success, and the actual reprresentatives of the people sit within the walls of Par liament, to legislate for the well-being of the whole commu nity." This, he believed, was the sum and substance of all they sought. By the people, he meant all the men in England of twenty-one years of age. The people did not want the pro perty of the rich, but they did not like to have their own pro perty—the franchise—taken from themselves.—(Cheers.) He would equalise things by the taxation of real property, and then all would become more brotherly, and all would have their rights. A Government ought to be a terror to evil doers alone, it ought to be a praise to them that do well ; and till , minister% of reli g i on p reac h e d this doctrine from the pulpit, ; they could not perform their duty. If he did not believe that the Bihle was a book of justice, he could not believe it was true. Was it gust that a working man should be taxed the half of his ipcQiaaea Vheii OF' 401 }On Wie ; 1 4e4 gP l i 4415844t4 part ?—(Hear, hear.) He was as great an advocate of peace as any man, but if the Government refused the people's rights, the people might justly seek redress, and if that redress were sought in the proper manner, it was impossible that it should not be obtained. Mr. C. HINDLEY, M.P., in seconding the sentiment, said .he had yet to learn on what ground the claim of the people to have a voice in the representation could be resisted. He was for universal suffrage.—( Lend cheers.) If he thought that this complete suffrage movement was.a trick on the part of the middle classes to exclude a large body of the people, he would strenuously oppose it ; but he believed that it was an honest and fair attempt to obtain the full rights of the people.—(Loud cheers.) The only ground of objection which he had heard was, that the people were not sufficiently educated. If that objection were good as applied to the people, it would tell also against others besides them. He believed the people were al ready fully prepared to exercise the franchise, and that it could not, therefore, on any just ground, be longer refused. Mr. F. O'Coxxoa next came forward, land was received with tremendous rounds of applause, which lasted for a con siderable time, mixed with partial interruption. He said no attempts to put him down would succeed. He was as anxious as any gentleman there to join in what he supposed to be the real object of the night.—( Cheers). As, however, one gentle man had been set down to address them at that stage, he would retire until that gentleman had concluded.—( Cheers. ) Dr. TiroutAs Paws rose to second the sentiment proposed by the Rev. Mr. Spencer. He rejoiced that difference of opinion consisted with an entire and hearty consideration in common to one great object. When he saw large bodies moving under variegated colours, but with the same object, he wished them success. He was brought up with feelings of great reverence for the House of Commons, but as he had advanced in life, as he had looked back to past times, and traced the page of history, he had come to the conclusion that that House was a stranger, so far as honest sympathy was con cerned, with the people, for whom it had undertaken to legis late. It was now the nominee of the aristocracy, whatever it might have been in other times.—(Cheers). He hoped a change was coming on, and that the effect would be to bring the House of Rresentatives into a mere con • sistent position.—( Hear, hear .) He looked forward to a peaceful revolution in that respect.—(Cheers.) This con summation was not, he confidently hoped, so distant as some imagined. The clear and forcible, yet peaceful enunciations of great principles, was to him an omen of great good. When he saw the practical English people grasping with a firm hand certain great general principles, he felt gratified at the pros pect. Look at the peaceful character of this movement. He thanked God, indeed, that the time had been when the people had maintained their liberties against the usurpation of the Sovereign, and prevented him from becoming a military despot. Military force might accomplish a good, but there was no good in the end—(Hear, hear)—coming out of it.—(Cheers.) If they would wrest from the hands of a privileged class the rights of which they had been deprived, let them be assured that it was only by firmly and consistently carrying them out that they cou ld obtain their object.—(Hear, hear.) He augured well from the diminution of party influence, The age of parties was nearly past. The Whig and the Tory, who had long struggled for power, and divided the spoil, were about to give place to a new class, who were determined to re dress the grievances of the people. Parties were already breaking up. They were told that there was to be gathered together a party made up of all that had ceased to be practi cally recognised. He feared not such a party. Let the ad vocates of monopoly muster; let them recognise the principle that those who were not with them were against them, and go on steadily, and in an enlightened manner to their end. The CHAIRMAN said he wished to speak on a question of order. Certain sentiments had been set down for certain speakers to propose, but if it were the pleasure of the meet ing that arrangement would be departed from in favour of Mr. F. O'Connor. It was proposed that, after Mr. O'Connor's address, they ad here to the pre-arranged order.—(Hear, hear.) Mr. F. O'Comeon said he trusted that the advice of Dr. Bowring in regard to vituperation would not be lost sight of. —( Hear, hear.) However they might differ on some points, they were all agreed on two—first, that great distress existed in the country ; and, secondly, that means must be adopted to relieve that distress.—( Cheers.) He would ask the Chair man whether that poverty which he had so feelingly described in the House of Commons could be relieved either by charity or plunder? If it could not, it was impossible to adhere to the present system.—( Cheers.) Let them consider what it was they were met for. Could they hope to gain the object they sought without having with them a majority of the working classes? They had been called physical force Chartists. He repudiated the charge. They were not looking to violent measures, but to the classes around them—the shopkeeping classes and the working classes, whose interests were inseparable. —(Cheers.) Let these two classes unite and they were in vincible. They had hitherto been impotent, because they were not united. They were called the Tory Chartists; he was tired of the Tories—(Cheers)—and he would not be frightened by any hobgoblin held up to frighten them. Never could they destroy monopolies of any kind until they united the people of all classes for one purpose under one name. What, did they see but starvation, distress, and suffering on all hands? Who would reface, then, to join in a common principle to remove such a state of jbiogs ? ( Cheers.) Let them now direct public opinion. The people would no longer listen to metaphysical nothings. They were all alike in principle; would they then refuse to unite in such a manner as to secure victory for the people's cause ? Was there a Whig in that meeting ?—( Hear.) There was defunct Whiggery. Let it rest. He said that they had done nothing.— ' (Cheers.) The people were maddened with distress. The interests of the middle classes, the shopkeepers, were bound up with those of the working classes, for the latter were their customers. If he could have twelve consecutive nights with the shopkeepers of London, he would make them all jealous for the name of Chartists. Let the Committee say that they em braced his name, and he would go with them.—( A voice, " Principle.") Without the name, his whole party would de sert him.—(Renewed cries of " Principle.") He would never desert the name, since he believed the principle must go with it. He trusted that advantage would then be taken of his advice.—( Cheers. ) Mr. C. STovnee next attempted to address the meeting, but the noise and confusion was so great for some minutes as to pre vent his being heard. After a vain effort, he withdrew, and Mr. Dusrcomee, M.P. came forward, and was most en thusiastically cheered. H ef had attended the meeting without any intention to address them, but it appeared to be their wish that he should say i few wards, representing, as he did, a metropolitan district. This was the eve of the meeting of Par liament—all were stirring, from Sir R. Peel to Lord Brougham. —( Cheers.) No doubt the Queen was rehearsing her speech, full of nonsense and nonenties. That speech was being read at the Duke of Wellington's, and the other Minister's. They were up and doing, and it behoved the people to be so. The Chair man had told the meeting his plan, which was to stop the supplies till the grevanees of the people were redressed. That was a constitutional step, but it required great con sideration. Had they got the materials for carrying out the measure ? If they told him they had the proper materials, then he was ready to join the plan. The only thing which the people now valued was the franchise.— ( Cheers.) Nothing, be believed, was calculated to produce that better than the Charter.—( Cheers.) He asked those who called the meeting whether they had a list of Members who would vote for stopping the supplies till they got the Charter ? —(Cheers.) He was a Chartist, and was not ashamed of the name. Why, he would ask, should not that name be adopted because it had a charm in the breast of the working men?— (Cheers.) The present conflict ought not to be entered - into unless they were prepared. Had Mr. S. Crawford forty, twenty, ten, or five Members pledged to supp ort him art _stop ping the supplies?—(Cheers, and cries of " Yei.") . " If he believed that by the course proposed good could be done to the country, he would, as an humble individual, support them. Mr. STUMM said that the present was not the time to dis agree about names. He was for no property qualification-- the vote by ballot—that every man 21 years of age.should have a vote—and the payment of Members. They might call him a Chartist if they pleased, or a Richmondite he would not com plain of ; but when he could not agree with men, sooner than quarrel he would leave the field.—(Great confusion..) , The Hon. Gentleman concluded by moving, " Success to the patriots in the House of Commons whe were determined to exercise the constitutional right of refusing supplies till the grievances of the people were redressed." Now the question was, would the meeting and the people support them in that course ?—(The Hon. Gentleman addressed the meeting amid the greatest noise and confusion.) Mr. Sxwrow then came forward to address the meeting, and was received with the most discordant yells, noble. and con fusion, amid which cries were reiterated of " Vincent,Vincent." Mr. VINCENT here advanced on the table, and was received with great cheering; and, after shaking Mr. Skelton cordially by the hand, they both, at the suggestion of the Chairman, retired from the table. The CuatamArr wished to know what the wishes of the meeting were u to the mode of proceeding ?—( Great con fusion.) Unless the Chairman was attended to, it would be impossible to keep order. A certain course had been proposed that had been deviated from, and he wished to know whether it was their desire that deviation should continue ?—( Cries of " Yes, yes," " No, no.") Here another scene of confusion took place, several persons attempting to address the Chair at the same time. Mr. SKELTON then addressed.the meeting, amid much noise and confusion, which lasted for some considerable time. Amid this Mr. Dotcoatax came forward, and said that, as there. seemed to be some doubt as to whether the majority of the meeting were Chartists or not, he would, with the permission of the Chairman, take the sense of the meeting on the subject. On the question being put. that those who were in favour of the Charter should up their hands, a complete forest was held up, and but few for the complete suffrage movement. The meeting was suddenly broken up, amid the greatest confusion, the Chairman leaving the chair and the room in the possession of the Chartists. Three cheers were given for the Charter ; and after some time the immense mass of human beings dispersed. LITERARY and DRAMATIC FUND. Yesterday evening a meeting of the above Society, the object of which is to afford assistance, either by loan or donation, to the more distressed brethren oftheliterary and dramatic professions, was held at the Sheridan Knowles Tavern, Brydges-street, Covent-garden. Mr. John Moore, of St. Martin's-lane, in the chair. After the usual routine business of the Society had been transacted in Committee; on the motion of several gentlemen connected with the fund, ne less than seventeen gentlemen were unanimously elected as members ; making thirty-seven elected within the last fortnight. The CHAIRMAN, in expatiating upon the philanthropic and kindly objects of the Society, said that it was formed for the express purpose of stretching forth the hand of fellowship and kindness to any member of those two professions who might be suffering from the fortuitous occurrences to which gentlemen connected with literature and the drama were more ordinarily subjected than those following the less visionary pursuits of every-day life. The constitution of the Society called upon the members to pay an annual subscription of 10s., which was to be entrusted for distribution, either by loan or otherwise, amongst the two classes to which he had before alluded, to a Committee chosen by the general body of the members from amongst themselves. But perhaps the point which would be most gratifying to the mind of any generous donor, as well as most likely to do away with any feeling of pain or degradation on the part of the sensi tive recipient was, that no person except those on the Com mittee were allowed to have cegnisanee of the names of those whose distresses were relieved. Such being the objects of the meeting, he trusted that the public would stand forward in sup port of the Fund, and that any temporary attempt which might be made to injure the Society would prove abortive. Mr. GEORGE CRANE, in an able speech, recounted the objects and acts of the Society, with which he was intimately acquainted, from the fact of having acted as secretary to it for some time. In many instances when grants had been made to members of the dramatic profession, who were labouring under temporary pecuniary pressure, to enable them to take advantage of provincial engagements, those gentlemen had at the earliest opportunity returned the sum so given, with many professions of gratitude, and thus the Society was enabled to appropriate this money to a double, and in some instances a treble, act of philan thropy. Mr. FEATHERSTON having been proposed and elected a member, said his way of life was rather diverse from that of the generality of gentlemen who formed the Society. He c Auld boast of no higher qualification to entitle him to the honour of admission amongst them than a sincere admiration of the purposes for which they were associated, and an anxious desire to forward those objects. He was the holgeT I of a !air 40 91 44 ill So a ytstyrp t *WO he farmed himself ; and therefore the gentlemen at present around him must feel the truth of his former observation—namely, that a practical farmer, residing 170 miles from London, could have but little intermixture with the class of persons of whom the Society was composed, still, admiring its objects as he did, and appreciating the philan thropic feelings by which the members were actsated, he felt proud and happy in being enrolled a member, and would do all lie could to forward the interests of the Society.--( Cheers. ) Several gentlemen having addressed the meeting, Mr. G. FORMAN in proposing a vote of thanks to the Chairman said the Society was deeply indebted to Mr. Moore for the strenuous exertions which he had made in support of it. He (Mr. Forman) would bear testimony to the good which the Society had effected in many instances, and also to the fact that many of those who had shared in the kindness of the Society had, when they got into engagements, at once refunded the money which they had received from the Committee. The motion having been seconded and carried with acclama tion, Mr. Moore vacated the Chair. SPRING CIRCUITS. MIDLAND CIRCUIT. The Right Hon. Sir N. C. Tindal and Mr. Baron Gurney, the judges appointed to go this circuit, have fixed the fol lowing days to take the assizes at th• respective places in cluded in their circuit, viz.:— Northamptonshire—Northampton, on Monday, Mandl 4. Rutlanclshire—Oakharn, Friday, March 8. Lincolnshire and city of Lincoln—Lincoln, Saturday,March 9. Nottingham and town of Nottingham—Nottingham, Friday, March 15. Derbyshire—Derby, Tuesday, March 19. Leicestershire and borough of Leicester--Leicester, Friday, March 22. Warwickshire (Coventry division)—Coventry, Thursday, March 28. (Warwick division)—Warwick, Saturday, March 30. OXFORD CIRCUIT. The judges appointed on this circuit are the Right lion. Mr. Baron Parke and Mr. Justice Coleridge; the days fixed by them are for— Berkshire—Reading, Wednesday, February 28. Oxfordshire—Oxford, Saturday, March 2. Worcestershire and city of Worcester—Worcester, Wednea dat-, March 6. Staffordshire—Stafford, Saturday, March 9. Shropshire—Shrewsbury, Saturday, March It. Herefordshire--Hereford, Thursday, March 21. Monmouthshire--Monmouth, Saturday, March 23. Gloucestershire and city of Gloucester—Gloucester, Wednes day, March 27. HOME CIRCUIT. The Right Hon. Lord Denman and Mr. Baron Alderson, the judges appointed on this circuit, have fixed for— Hertfordshire--Hertford, Wednesday, Feb. 28. Essex—Chelmsford, Monday, March 4. Kent—Maidstone, Monday, March 11. Sussex—Lewes, Monday, March 18. Surrey—Kingston, Monday, March 25. WESTERN CIRCUIT. Mr. Justice Wightmaa and Mr. Justice Cresswell com mence this circuit at— Winchester, for the county of Southampton, Thursday. Feb. 29. Wiltshire—New Sarum, Wednesday, March 6. Dorsetshire--Dorchester, Tuesday, March 12. Devonshire —Exeter Castle, Saturday, March 16 ; for the city of Exeter, at the Guildhall, the same day. Cornwall—Bodmin, Saturday, March 23. Somerset—Taunton, Saturday, March 30. The Judges appointed on the remaining circuits have not yet fixed the days for holding the assizes on their respective circuits. LAW INTELLIGENCE. COURT OF QUEEN'S BENCH, Jan. 31. TILE QUEEN V. P. L. STRACLIAN. It will be recollected that this was an indictment for an indecent assault. The defendant was found guilty. Mr. Kelly now prayed the judgment of the Court upon the defendant. Lord Denman suggested that it might not perhaps be con sidered necessary to read the Judge's notes of the trial. Mr. Kelly said, he thought it might be proper to read the evidence of the prosecutor. Mr. Thesiger, for the defendant, said he feared, then, that all the evidence must be read. Mr. Justice Wightinan then read over his notes of the evi donee of the two chief witnesses. Affidavits were then put in from Lieut.-Col. Campbell, who stated that he had been Governor of Sierra Leone, and that the defendant was then in service under him ; that he was employed upon some very important missions, during which time he caught the fever of the climate, and his whole frame became paralysed ; and his mind was at times so much al tered, that he had sent home a certificate stating his belief that the defendant was occasionally insane. Other affidavits from various medical men were also read, who stated that a lengthened imprisonment would be of se rious injury. Mr. Thesiger then rose, and said that, in addressing their Lordships on behalf of the defendant, it was impossible he should do so except under circumstances of the greatest em barrassment and difficulty, arising out of the feeling which must be excited from the serious offence of which the de fendant had been convicted. The facts were now so fully before their Lordships, that it was almost unnecessary for him to make any observations ; he should be very far from wishing to make any remark upo n th e resu l t of the trial. His Lordship, who had tried this case with that fairness and impartiality which characterised him, would do him the justice to recollect that he abstained from making any observations to the disparagement of the boys, although he certainly expected to show they must have mistaken the case, or their conduct would have been different; but he assumed all they had stated to be true. Mr. Strachan had offered no affidavit ; he felt it his duty to bow to the Court. He (Mr. Theeiger) thought the severe view the jury had taken might have been mitigated, and that the count for the assault only might have been found. lie would not observe upon the case itself, but there were peculiar circumstances in the case, which, when their Lordships had to assign punishment, ha was sure they would not lose sight of. It appeared that the defendant had been, for a period of eight years, in a country which had been the grave of so many of his fellow-country men—that he had there been engaged on very important duties, so as to secure to him the confidence of the officer who had the command of the settlement—that he had re turned with a shattered, constitution and with a mind en feebled by the disease with which he had been visited, not so as to render him an irresponsible agent, but unquestion ably to place him in a situation for their Lordships' merey. Their Lordships had heard his character from persons of high station and respectability, who had known him for a consi derable number of years, and he was quite satisfied that all these circumstances would weigh strongly upon their Lord ships' minds, and when they had to discharge a duty, the most awful duty a man could discharge—that of passing a sentence of punishment—while they looked with that sternness on the offence with which every properly-feeling mind must regard it, that their Lordships at the same time would feel that compassion for the sufferings to which this gentleman had been exposed which would induce them, as far as they could, consistently with their high and important duties, to pass a lenient sentence, such as would reconcile justice with mercy. Mr. Kelly, in addressing the Court for the prosecution, said he was persuaded their Lordships would feel that it was quite unnecessary for him to occupy the attention of the Court at any length. By the affidavits a suggestion had been made that the individual now awaiting their Lordships' judgment had been subject to occasional aberrations of mind. His friend had felt himself under the necessity of admitting that this offence could not be said to have been committed by an irresponsible agent. Of the offence it was not his in tention to say more, except that of any offence of this nature was one of the gravest character—if it was possible that it could be aggravated to the highest degree of conceivable enormity, it was the case now before the Court, because the Court would boar in mind the age of the boy, and the fact of its being at Harrow School, where it was scarcely pos sible to calculate the extent of the mischief. He was quite satisfied their Lordships would give full effect to what had fallen from his Learned Friend, but that they would not be unmindful of what was due to public justice and to the youth of this community. Mr. Watson was on the same side, but declined saying any thing. Mr. Justice Patteson delivered the judgment of the Court in the following terms :—Patrick Leigh Strachan, you have been found guilty of an assault with intent to commit a hor rible and detestable offence, for which offence, if you had completed your purpose, your life would have been forfeited. It appears from all the evidence that you must have gone down to Harrow for the purpose of attempting something of this kind upon the boys you might meet with, and that ap parently- under circumstances of considerable deliberation. You can never be . sufficiently- thankful you were detected in the present instance before you had actually committed the offence, and your life had become forfeited ; and that it has pleased God to spare that life for some time, and give you an opportunity for repentance and amendment, and I earnestly entreat you to employ your time for that pu r p ose . Th e sen tence of the Court is, that you be imprisoned and kept to hard labour in Clerkenwell Prison for IS calendar months, and in the mean time be committed to the custody of the Marshal. The defendant was then removed in custody. The Court sat till a late hour. COURT OF COMMON PLEAS, Jan. 31. (Sittings in Banco.) LORD W. PAGET v. THE MARL OF CARDIGAN. Sir T. Wilde showed cause against the-rule which was ob. tained a few days ago by Mr. Sergeant Channell on behalf of the defendant, for judgment as in cue of a nonsait. The affidavit upon which the Learned Sergeant relied, stated that the witness Winter went on the morning appointed for the trial with the plaintiff's attorney as far as Holborn, on their way to the Guildhall, and that in Holborn Winter parted company with the attorney, observing that he should be at the Guildhall as soon as the attorney himself. When the plaintiff's attorney, however, reached the Guildhall, he was informed that Winter was not there, and that he would not come at all. The Learned Sergeant said, that affidavits had been filed in support of the rule, negativing imputations which had been cast upon the defendant, but he did not seek to discharge the rule upon any other ground than that of the plaintiff having used due diligence. Mr. Sergeant Channell said that the object Which the de fendant had in view in applying far the rule was to clear him self of the charge imputed to him, of having procured the witness to be sent out of the way. His Learned Friend having he was ready to accept disclaimed any charge of that kind, a peremptory undertaking. Rule discharged upon a peremptory undertaking to try at the ensuing sittings. The Court sat till a late hour, but nothing Rather occurred which was generally interesting. POLICE INTELLIGENCE. MARYLEBONE. Two middle-aged women, named Elizabeth Todd and Sarah Trussell, were placed at the bar before Mr. Rawlinson, the former charged with having, by means of a forged sig• nature, endeavoured to obtain 116/. 9s. 7d., which was depo sited in the Marylebone Savings' Bank, in the name of Mary Todd, and the latter with being a party concerned in the attempted fraud in question. The prisoners are both servants ; Todd at a house in Gloucester-place ; and Tru.ssell in Wilton-crescent, Knights bridge. Mr. Fenney, solicitor, appeared for the prosecution, and Mr. Wilson, from the office of Mr. Randall, solicitor, for the prisoners. Mr. Robert William Sheath stated that he was clerk at the bank, and that on Saturday, the 20th inst., the pri soner Todd produced to him the deposit-book made out in the name of Mary Todd, and said she wished to with draw the whole of the money, the amount of which was 116/. 9s. 7d. She was asked if it was her own money, and if the account was hers also ; to both of which questions she replied in the affirmative. Witness filled up a notic pa per, and handed it to her for her signature, when she sig ne d it " Mary Todd," alleging that that was he r own Dame. He compared it with Mary Tod.d!!! RigklAuTe w 0110 of their books, and finding 1 :114 1, 4 di*'4 13 4Atsrially, told her so, and that unlasl sii e Pouts write it better on the day of payment (which was ten dap from that period), she would have ecm .ettli7 is Ottainiuf the moue. lir Ow; mot t 12 4,4 4110 had not got her spectaclea with her, and that she had not written for some years, but that she would practice in the mean time, and bring her spectacles when she next came. She then went away. Mr. Rawlinson—When did yon next see her ? Witness — Yesterday she cams again, when I filled up a receipt (here produced) and requested her to write her other name, which she signed, as you see, ' Mary Todd." I asked her if she could not write it any better? when she said she would trv, and she accordingly wrote it a second time. As I was doubtful as to her being the right person, I referred kir Is Mr. Douglas Fenney (one of the actuaries), who is , 11141 f present. Cross-examined by Mr. Nilsen—l have bean clank in the Savings' Bank nearly twelve years. I receive - money whey, it is paid in. I don't know that I ever saw Toad up= auy occasion previously to the periods I have spoken to. I did not take the original signature. In the deposit book there are two :entries in my handwriting; bit I Gannet lacy from whom I received the money. Mr. Douglas Fenno) , deposed that ha was aesiatant-eecre tary and actuary at the St. Mary Mona Ravings' Bank On the previous day (Tuesday) his attention was called by Mr. Sheath to the signature of the prisoner Todd, and he asked her if she was really Mary Todd, to which she replied that she was, and that she was the person who had, in She first instance, deposited money upon the account. He (witness) told her, in the hearing of Trussell, that the signature was not satisfactory, and that he should require a declaration to he made before a magistrate as to her identity, upon which Trussell stepped up and said she knew the pri soner Todd to be the M% Todd who had paid in the first money, and that she rrftseell) was present at the time of the transaction. "itnese asked her if eke saw Mary Todd write her name upon the first deposit being made, to which she replied, " No, I was waiting out side." I then said to Truman, " Have you any objection to make a declaration as to the truth of what yeu have stated 2" and she answered " No." I prepared a declara tion (now produced) which I read over to both of them carefully, at the same time telling them that if they signed what was not true, they would be as liable to punishment se if they had taken a false oath ; they signed and then lett, and in about half an hour they returned, when Trumeell skid. "We come to tell you the troth, sir." Tudd then admitted that the account was not here, but that it had been opened by her sister, who was now dead. I remarked that it was • serious case, and that I should not heor anything farther which they might have to say, until my father (one of the principals in the Institution) came hems. In a short time my father returned, and the prisoner, Plizabeth Todd, then said in the hearing of Trnssall, that the account was her sis ter's, but that she (Elizabeth) had paid in nearly all, if not quite the whole of the money, and that it was hers. She further said that her sister heti left a will, and that she had a son living. Witnes asked Trussell, who admitted that she was present with the real Mary Todd when the account was opened, how elle could have suffered him, under the circumstance's to draw up the declaration which he did, when she made no answer, and both the prisoners began to cry. I told them I thought I should be obliged to give them in charge, and any father told them so too; but I said to them, "If von are suffered to ge away now, you must consider the charge as hanging eve your head, and most probably in the course of to-morrow something more will be heard of it." They begged and prayed that nos further proceedings might be taken against them, as they were very sorry for what they had done. Cross-examined by Mr. Wilson—Todd said shelled always paid the money in, and that upon one oecation she had draws out JO/. The father of the last witness said that he showed the re ceipt for the 201. to the prisoner Todd, and asked her if it VMS in her own handwriting, to which she replied that it was. Cross-examined by Mr. Wilson—l took the account oci: ginally, and witnessed the signature of the right party. I never, to my knowledge, saw the prisoner Todd Rata the period of the transaction for which he is now here. Ching, 97 D, proved that on the same morning he took both the prisoners into custody. Todd, on bang told that she was charged with attempting to defraud the Marylebone Savings' Bank, said that what she had lone was entirely through ignorance, and that Trussell said that there wag no other object in view than that of saving " legacy duty." • Robert Todd was then called by Mr. Wilson, and examinee'. He stated that he lived at 21, Crown-court, Covent-garden. and that he was the son of Mary Todd, and nephew of the prisoner Elizabeth Todd ; he was one of the executers ander the will of his mother, who died on 16th January last, and that the whole of his deceased mother's fiends was left to hit* by will, which he proved on Saturday last at Doetors'-cote' mono. It was by his directions that Elizabeth Todd had gone to the Bank to draw out the money, she haying bola him that nearly the whole of the sums were paid in by her , and that upon one occasion she had drawn out 201. herself. He thought there would be no difficulty in her (Elizabeth) drawing the money as she was so well known at the Bank: and that, for his own part, however innocently and anguardea ho might have acted, he had no wish to de wrong. After some consultation between Mr. Rawlinson and .7[r• Feuney, the solicitor for the prosecution, the prisoners Were both remanded till Monday next. QUEEN'S-SQUARE. Eesma Evans and Mary Ann West, two servant girls, wer! yesterday brought before the Magistrate, the former charges with having obtained a situation in a family by means °f e l false character, and the latter with having, ia an ilAdtaa name and her mistress's dress and jewellery, given dolt character. About a month since Mr. Shand, a pawnbroker, living e, Albert-gate, linikthtebridge, being in want of a servant, tr prisoner Emma Evans presented herself, and in answer to inquiries, said she had lived for a fortnight with Mr: Todd. a linendraper in the neighbourhood.. Inquiries were tnade on the subject of the girl's character, but the answer being unsatisfactory, the prisoner Evans was informed that .heV character ditt not suit. She then declared that she 001 4 have an undeniable character from the Hisses/ Brown, nialdeit ladies, residing at No. 1, Thurlow-place, Brompten. iirg* Shand accordingly went to No. 1, Thurlow-place, and in quired whether the Mimes Brown were at home, to which the prisoner replied in the affirmative, and, showing her into the drawing-room, said the youngeet would be with her in few minutes. Shortly after, the prisoner Mary Anne West. who was servant to Mrs. Coatley, the landlady of the house, and whose family were from hums at the time, entered the room richly dressed, and wearing a profusion of jewellery. She politely desired Mrs. Shand to be seated, and informed her that the girl Emma Evans had lived with her fir eighteen months ; she gave her a good character, not only for the dis charge of her duties as a servant, but for moral rectitude. Mrs. Shand was so well satisfied with the character that She took the girl Evans into her service, but in the muse of * fortnight, finding that she was idle and worthless, made soen• further inquiries, and ascertained that she had been impoalK! upon. Information was given to the police, and the prisoner was taken into custody. Mr. Bond said that Emma Evans must p a y a ',snail"' ° ( 4 1 1. : or be imprisoned for two months, and M ar y Ann We" or one month.—The prisoners were locked up. LAMBE TH-S 7 REE T. Yesterday Lawrence Opperman, a furniture broker, eaXT " ing on business in Rosemary-lane, appeared before Mr. Henry, to account for illegally detaining a Dutch ole,ek. longing to a poor woman, against whom it was alleged he P— a distress-warrant to execute. The poor woman applied, in the first instance, on Wi r t; to Mr. Norton, and stated that though she was only indet_,nebt to her landlord Is. in arrear and one week's rent, in sL 7 altogether 3s 6d., Opperman came to her room in Floug r - - ; street, Whitechapel, to levy a distress upon her gOnd s : '„ ° that amount, stating he had the landlord's authority for do;s so. she made up the money in lees Own half an hour, _ a handed it to Opperman, but that poison on recalying it that this sum was the amount of hta expensee--namely, u T a zi. a-crown for the " man in possession," and a shilling for own trouble, and told her that unless she paid Mtn 514 more he would seize some article for the rent. Sk• qII tionod his right to do so, w h en h e i nstantly took dnirrie,, valuable Dutch clock and ca rr i e d it tmay w i th him. Tthe terday, when asked by Mr. Henry what he had to 1* complaint of the poor woman, Opt erman, who is a Le!“ - frt iy handed to the bench a dirty strip of partly written and P- °aprinted paper, which he ca ll e d hi s " Yarrant " for se izing the goods. Mr. Henry told Opperman, that unless ho at ant 4 den vered up the clock to the poor woman, he would ee'4 4 „ ) ,Pr e ; coodings to be instantly tak en aga i nst hi m under the P o s t Act for an illegal distress, an d s h ou ld i ntpound t ; de do ea li2— for that purpose. ice Opperman on hearing this dispat c h e d Lie g,,mi gar 0 0 ' r 7 4 fo e and gave it to the co m pl a i nan t, an d after pleading bar his " Tarrant." got it back. LLOYD'S SHIPPING. • NOTICE TO MARINERS. il apP LIGHT IN THE PIOMBINO CHANNEL, „, the The followi ng has been TERRANEAN receiTed . " at Lloyd's Hydrographic Office : 154. Admiralty, J a n. , ,; 0 0 The Grand Ducal Government of Tuscany hat no notice that a small fixed light was exhibited 011 , 11 % tilt instant from the Tower on Pelmagola 1 1 4 - o,lo° Piombino Channel, in let. 42 deg., 52 min., fot' feet lon. 10 deg, 28 min., 50 sec. E. This light is ; saof above the level of th e sea, b ut from its minuteness' not be visible beyond the distant* of five miles ha • i e placel It will contin ue t o b e s h uwn every light uP g .• , an d by a more powerful light which is now. pre.Y" of which due natio will be give n . • GDIIDT AND TDB CAIRLISTIL—We copy fro m ,ir iag . vorscespondence of an Eveni n g C on t em p orary tits foll ° ,„els just remarks on the sce ne w hi c h t oo k pl ace i n the F 704 Chamber on Friday :—" The Legitimatist e , d r i ven i nto 0° tile turned upon M. Guizot personally, and we re joinsdbloec- Republicans of the extreme Le& Th us was presented , tacle ofunprincipled immorality in partiee, conaWlL'd',;;2loo suitism in religion. They attempted to beat down ‘ r! :.kigi# t voice ; to overwhel m , t o ex h aust him ; they bawled, 'Tobli menaced, browbeat, and interrupted—but they lo f t punished. M. Guiaot rehearsed, in brief terms, t ", the sistent life ; and w h en he challenged eentra dicti°7oP.,, barkers and b raw l ers h eld their peace. " uP ° :, exclaimed the great orator, " heap ealumw—tn to Calumnies ; but you will never briag then .7 0s plIF height of my disdain." Never was there each eel; even for Guizot—nover w as th ere suc h humilistio ti el i for the Left —never did the unnatural oo mbi l a b:tofl i i , infidelity with priestcraft look so disgustioiC2ll_, work Guizot rose above his opponents. He roee avv, w ort He proved that he was as ready for the everrulT dce rssr.7 debate as for carefully meditated discussion--Ane to be et Rot to be take n unawares , an d , w h en assailed,. _ ll °‘ do wn bf cited except by an unm a n ly e ff or t t o beat iluzz,... b l e physical violence, and then only to show haw o d pitiable are vulgar mob weapons against gull !Do " truth and honour." The Earl of Winchilsea arrived at Farranees gets ,. 110 grave-street, on Tuesday evening. The Earl 0 f $ O ° P arrived on Tuesd a y evening at Farranee's Hot el , "- land. BIRTHS. 1 ., a A se t, On the 24th ult., Mrs. Helbers, lipton,.Ches- - ..,_., • * par— On the 27th ult., the lady of R. Stewart, - I "'si' ( kr" crescent, Torquay, of a son. th lady • On the 27th ult., at Streatham-cernmen, - • drew Hamilton, Esq., of a daughter. ..:Atesi'i r4ir On the 27th ult., at Chipp en h am 111 -park, C• l4-17 the lady of the Rev. Augustus J. Tharp, of a mom 0 0010° On the 28th ult.,: in Margaret-street. tk•: lad Y Hood, jun., Esq., of a son. ° . f A e °ll ' . On the 28th ult , at Blackheath, Mrs. IV- Dunn ,3 ' ,04 4 On the 29th ult., at Dulwich, the lady of I.; B. _. .----------- 4 - 1.4 of a son. MARRIED. s On the 24th u lt., a t Llanligan Jon, son of 'PTV teo , to ham, Esq., o f Charleston, South Carolina, Unit' I:tree° . Letitia, daughter o f Colonel William Lysterr, late 0 ford Manor House, Middlesex. DIED. Jells On the 23d ult., a t Clowance, Cornwall, the ,re Moleeworth St. Aubyn, Vicar of Crowan. yo On the 24th ult., a t Bickenhall Vicarage, Caroline' eat daughter of the Rev. Carew Eders. 1491iden : Printed and Published by lkill/IDO T a u n Vin the No. 112, Strand, at The San. Officat X•. 1124, Minty of blidZosiz, Thursittin FebruarY AP Jas., Car.t at con tiro hey apt Urs lllb Lai