The Sun. — London, England, 1844-03-15 00:00:00

SPIRITof the PUBLIC JcktrENALs. PROM TUB EVENING PAPERS OP YESTERDAY. GLOBE.—In the House of Commons last night Lord Worsley moved, pursuant to notice, for "a Se lect Committee to inquire into the mode of appoint ment, the duties, and the present system of remune rating the clerks to justices at petty sessions in England and Wales, and to report the evidence and their opinion thereon to the House." Long before the attention of the Legislature was directed to the subject, we had employed ourselves in col lecting from the provincial journals, and other sources, proofs of the injustice and oppression of the existing sustem. It is to us, therefore, especially gratifying to find the purpose we aimed at likely to be effected. The Noble Lord who took up the question in Parlia ment obtained, in the course of last session, a return of the fees paid to clerks in petty sessions ; the num ber of fines inflicted ; and the persons who had been sent to prison in default of payment of costs, or fines. From these returns his Lordship selected a consider able number of instances, in which a fearful amount of suffering had been inflicted on poor persons by in ability to pay the fees upon summary convictions, where the fine amounted only to a few pence : "Parties were sent to prison, not because a fine was inflicted of a serious nature, or one that indicated a de. sire on the part of the magistrates to visit the person convicted with severe punishment, but they were sent to prison for the non-payment of fees and costs, super added to those small fines. That was a great evil, and one that might be avoided by adopting a different system of paying the clerks. If they were paid regular salaries out of the county rates, the system would work better than the present one." Lord Worsley, as will be seen by a reference to the speech with which his Lordship intodUced his motion, made out a very strong case for inquiry, with a view to the abrogation of the existing system. At its close, Mr. M. Sutton stated, that " the attention of the Right Hon. Gentleman at the head of his department had been called to the subject, and that a Bill was in preparation which would, he believed, be in a short time introduced." Lord Worsley, on receiving this assurance, withdrew his motion for a Committee. We know of few subjects pertaining to the adminis tration of justice which has more loudly called for at tention from the Executive than this. If, in connec tion with the mode of remuneration, the Bill to be introduced provides for the direct appointment of the clerks to petty sessions by the Crown, they might be also employed to conduct prosecutions for offences committed within their respective districts, in a way similar to that in which the Sheriffs-depute in Scotland are employed. Responsible to the Crown for the due performance of their duties, they would be vigilant and impartial ; and the ends of public justice would be frequently promoted and secured by their means. The clerk to the Petworth Bench has written to us, re questing us to state that the amount of damage and costs in the case we referred to on Monday, was paid by the defendant; and thus the imprisonment of 21 days assigned as the punishment, in default ofpayment, was avoided. The poor woman—or rather her hus band, or some one for him—having paid the amount, and thus escaped the imprisonment, does not affect the argument. The fact remains untouched. The damage was threepence, and the costs 19s. 6d.— seventy-eight times the amount of the fine ! Nor is it disputed that the alternative of non-payment was twenty -one days' imprisonment. We have, however, under the hand of Mr. J. L. Ellis, the clerk to the Petworth justices, a statement of the way in which the 19s. 6d. costs are made up. As the several items are fixed by high authority, and may be considered as the established charges in such cases, we insert them for the information of the curious : Fees to the Clerk to the Magistrates, as fixed s. d. by the Magistrates of the county at their • Quarter Sessions, in June 1841, and con firmedby Sir Nicholas Tindal and Mr. Jus tice Bosaneraet Constable's charges, as settled by the Magis trates in Quarter Sessio..s assembled in Ja nuary, 1843, under 5 and 6 Vict., cap. 109 14 0 5 6 19 6 STANDARD—That it is for the interest of the community that all its land should be cultivated, and cultivated up to the highest degree of productiveness of which it is capable, will not be disputed ; any more than the corollary from this proposition, that the Legislature is bound to promote this universal and complete cultivation to the utmost of its power. These abstract truths are, however, subject to great qua lification, arising out of the right of property. When society concedes to a man an absolute pro perty in anything, it concedes the right of abuse as well as of use ; it is his, he may do with it what he pleases ; and if he chose to employ it unprofitably, society cannot interpose to correct his folly, unless the misemployment produce some direct injury to others. We may regret this, but it is a necessary consequence of that sacredness of proprietary right without which society cannot be permanently maintained. The right of property in land, however, cannot be distinguished from any other right of property, with out destroying it altogether ; and therefore it is scarcely possible for the Legislature to promote culti vation by any direct process. Parliament can not compel a nobleman to lay his park and pleasure grounds under the plough, notwithstanding that his doing so might conduce to his own profit, as well as increasing the stock of food and the demand for labour in the country. The park is his; he prefers enjoying it as a luxury to employing it as a means of profit, and to invade his freedom in this respect would form a precedent for violating the citizen's villa garden ; and, indeed, for a legal superintendence of the domestic economy of every family, with a view to its sumptuary reform. There is, however, in the country an amount of land still wholly uncultivated, though capable of profitable cultivation, variously estimated at from two to eight millions of acres ; which land is not continued in this useless state by reason of the choice or caprice of proprietors, but by the defect of the law, which in some measure disables the proprietors from cultivating it as they could wish. Every one sees that this is a case urgently demanding the in terposition of the Legislature ; an interposition, how ever, which shall not infringe upon any rights of property, but facilitate their enjoyment.. In the case of waste lands, it is true, there as some diffi culty, not merely in ascertaining the personality of the proprietors, but the kind of property which each is entitled to claim ; for, as every one acquainted with English law is aware, there may be many proprietors of the. same parcel of ground, each having a different kind of property ; the mines and minerals may helong to one; the produce of the soil by tillage or pasturage to another ; the game to a third ; a right of way to a fourth ; and so on. A law for the inclosure, or other more strict appropriation of wastes, which would not re spect all these rights, either by securing them, or by diving an adequate compensation, would be manifestly unjust to somebody. And here, indeed, is the hitch which has caused such an amount of land to remain so long comparatively unprofitable to the com munity. Lord Worsley's Bill is a, well-meant attempt to overcome the serious obstacle in question. Whether this Bill will pass, or whether, Laving passed, it would effect its object, are questions which we are at present unable to answer even by guess. It has some benevolent provisions for the poor, and more no doubt will be added in its progress; but upon these we set less value than per haps others would be disposed to do, because with out at all depreciating the value of temporary relief of the distressed, which, without regard to the future effect, is as much an obligation upon Christian states as upon Christian men, we cannot but see that the most benevolent disposition possible of the waste lands of the country would operate to the relief of the poor for but a very brief season. In an enterprising, money-making, and progres sive country, such as this, there is no means of dealing with destitution but kee • do w n the num ber of the destitut e , an d there is p no keepin g means of keing % down the number of the destitute but by making them a burden, a heavy burden, up o n th e more a ffla.. silt. It was in his way that the old poor- l aw n worked to restrain pauperism, which the substituted poor-law 4pep:acir-lavv has s o frightfully increased. Under the o e ladeed, any more than under the new, the was not properly applied to the great cent-rib bur den Ufa to the ranks of poverty—" the manufacturers Of cottons and of paupers," as the Edinburgh Review truly called them—and so far the system was defec tive; but let the burden be justly imposed, and a poor-law cannot be too burdensome, for the public good cannot be too liberal. Meanwhile we wish all success to Lord Worsley's purpose, which is on both sides useful and benevolent DISTRAINT AND SALE FOR INCOME-TAX. The circumstances attending the distraint on the pro perty of Messrs. Fielden, Brother s , o f Todmorden and 34anchester, having transpired, and been p u bli s h e d i n ,ither journals, we may briefly notice and correct some .f the statements. It seems that Messrs. Fielden had returned the papers which they were required to fill up with their trade profits, &e., with the word " n il." Th e Commissioners, not being satisfied with the return, as sessed tham in about 350/. Mr. John Fielden,. m,p , rite senior partner, appealed against the decision of the Commissioners, when the assessment was confirmed. : :essrs. Fielden having refused to pay the amount„, the Commissioners issued a warrant of distress, with which a sheriff's officer proceeded to Todmorden, to demand the money. He was, however, met with a peremptory refusal kof payment, and he was told that he might distrain ; be partners, who were on the premises, declaring that they would turn out all their bands, and close their ;works when he did so. However, it having incidentally ~troaapireirthaV there were goods in the warelipus e of the ;Jinn in Manchester, supposed to be su ffi cient to satisfy the Odra,' the sheriff's officer - said that he would • first see the stmlf there, and if he found it adequate ho would'ivii44draw ,tbe man he had brought with him, and mom -left in possession. The Messrs. Xieldd k 7 stopped their works, and turned A * c ai \ 4", 11 - 2 S lout all their hands, thus causing considerable excite ! ment in Todmorden, and the bailiff in possession was fer a time in no very enviable position. The sheriff's officer, finding that there was property enough in the ware house at Manchester to satisfy the amount claimed, sent immediately to Todmorden, and withdrew the man. On the officers proceeding to the warehous, No. 21, Peel-street, Manchester, Mr. T. Fielden gave orders that no more business should be transacted until the affair was settled, and refused to allow any goods to pass either in or out of the premises. He refused all informa tion to the officers, aid when one of them asked for the key of a locked door in the upper story, it was refused, and upon this the officer broke it open. In our paper of Wednesday was advertised, the sale by auction of a quantity of grey domestics and sheetings on the follow ing Monday. The sale, under such circumstances, at tracted various parties, and it was well attended. We should state that though the original amount due from the firm as income-tax was about 3501., this had been increased by costs and expenses to nearly 400/., and to this extent the auctioneer was authorised to sell. The sale commenced shortly after eleven o'clock on Monday; and Mr. Joseph Gale, the auctioneer, sold forty-one lots, consisting of grey domestics and sheetings, of va rious lengths, widths, &c., at prices from 2d. a yard for 27-inch grey domestics, to 9 a yard for 82-inch sheet ings; being, we believe, a little, but not much, under the market prices of the goods. The 4l lots realised 407 L, 135. 5d.; and though there were six more lots in the ca talogue, the auctioneer having sold sufficient to cover the required amount, clesed the sale. Manchester Guardian. STEAM-BOAT VENTILATION. One of the Addiscombe Professors, Lieut. Cook, RN., F.R.S.. has invented a method of ventilating steam• boats, which promises fair to add materially to the comfort of passengers by these vessels. Those who have merely crossed the Channel, especially by night in boisterous weather, are well aware of the impurity of the air which passengers, however delicate, are under the disagreeable necessity of inhaling, and which of itself is quite enough to produce sickness ; but in a hot climate, the evil is of still greater magnitude. Even in large steam-boats, invalid passengers have been fairly driven upon deck in the night from the lower cabins, finding it impossible to remain in such an atmosphere. The evil being universally admitted, it remains to be seen how far the remedy will be applied, should it in practice prove as efficient as in principle it appears to be sound. A cylinder—in which a solid piston moves air-tight—has two valves at each end ; through one, opening inwards, fresh air is ad mitted into a vacuum ; which is, by the next action of the piston, forced through the other e end, opening outwards into tubes, an ed to every cabin upon each deck ; whi ot, or oul air, is at the same time drawn off from these cabins into a vacuum above the piston, through a valve opening inwards, from whence it is finally ejected through the fourth valve, opening outwards into the open air. The effect produced will, of course, depend upon the size of the cylinder, and this upon the size of the vessel. One two feet in diameter—the piston having a two-feet stroke—with tubes and valves sufficiently large, would force in about 100 cubic feet, or above 600 gal lons of fresh air (drawing off the same quantity of im pure air) every minute. Large steam-boats might have two cylinders. The machinery may, in an instant, be dis connected, so as to cease from acting. The fresh air would be conveyed in a regular stream, and not be inter mitting in its effect. FLANDERS AND DUTCH MAIL. BaussELs, MAncit 9.—The Chamber of Representatives in its sitting to-day agreed to the project of law for the conver sion of 100,800,000 f. Count F. de Hanal, lately attached to the Belgian Lega tion at Copenhagen, set out this morning for Madrid, to act in the same capacity to the Belgian Legation in Spain. M. Mans, the engineer, has returned from his visit to Ire• land, whither he was sent by the Government to inquire into the advantages that might result from the adoption of the system of atmospheric railways. Mr. Stephenson, the celebrated English engineer, was requested to be present at the experiment to be made at Dalkey, in order to enable M. Mans to examine the advantages and inconveniences of this system. The Belgian engineer has been furnished with every information, and his report, which will shortly be published, will be extremely interesting. Some time ago two of our most important establishments for the manufactory of machines were in negotiation with the Russian Government for the supply of 150 locomotives. The whole of the sum required was about 6 millions of francs. An American house likewise made proposals which have been accepted, BRUSSELS, MARcir 10.—The King and Queen came to the palace at Brussels to-day. The municipal taxes of the city of Brussels produced in the month of February 224,132 f., which is 12,232 f. more than in February, last year. BucssELs, Mancit 11.—The King and Queen set out this morning for Ghent, where they will arrive at five this after noon. The object of their Majesties is to view the splendid annual exhibition of the Horticultural Society, which is one of the most distinguished for the beauty and variety of the flowers exhibited that has been known for many years. Many of the most eminent botanists of Holland, France, Germany, Switzerland, and Italy, have come to Ghent, to form a jury to award the prizes. BATavia., Nov. 10.—On the 2d and 3d of September, there arrived in the road of Timor Koepang, the English corvette the Fly, Captain Blackwood, and the schooner the Bramble, Lieutenant Yale, and, after taking in refreshment, sailed on the sth of September for Swan River. These vessels are commissioned to make a survey of Torres Straits, an opera tion which, according to Captain Blackwood, will take three years to complete. They will come again to Timor Koepang in January. AMSTERDAM, MARC!! 12.—We are happy to learn that his Majesty will visit this city on Friday next, and that the Royal family will, as usual, visit us after Easter. the papers are filled with articles respecting the income tax, and some detailed reports of the speeches delivered in ! the Second Chamber for and against the measure. MYSTERIOUS AFFAIR. ITARROCATE.—The village of Hampsthwaite and its neighbourhood has of late been thrown into a state of considerable excitement, owing to a report that a farm house in that neighbourhood, occupied by a person of the name of Dalby, is visited by some supernatural being. Indeed, no affair of the kind has ever caused half the consternation and gossip, since the existence of the Collingham ghost. The inmates of the house have been so much alarmed by this mysterious un welcome visitor, that they scarcely can persuade themselves to continue upon the premises. A variety of strange unearthly sounds are heard, during the night, in different parts of the house ; such as loud thumps on the floor, moving of furniture, flying open of doors, together with other indescribable noises ; and, strange to say, no clue can be obtained to lead to the discovery of the cause. Several indivi duals, who have been very sceptical concerning this affair, have been permitted to remain upon the premises during the night, and are fully satisfied as to the truth of the report, but utterly unable to find out the cause. The Rev. Mr. Shann, of Hampsthwaite, who is the owner of the property, being desirous that the mystery shOuld be plainly solved, appointed two very respectable individals, of undoubted veracity, to lodge in the house, and investigate d the matter, and, if possible, to find out the cause ; but all without any effect. One of the above-named individuals, Mr. Robt. Pullen, a respectable druggist in Hampsthwaite, from whom part of this report is obtained, states that when in bed, the noise at one time during the night com menced, as he supposed, at the foot of the bed on which he lay, and proceeded up the middle, between himself and, bedfellow, but nothing could be either seen or felt. At another time, while they were en deavouring to follow the sound in the dark, they were surprised to hear it move from a distance, and pro ceed from the spot on which they wero standing,, yet no visible or palpable object could be found. Thus the whole affair yet remains in mystery; but we are in formed the reverend gentleman intends to spare no pains or expense to elucidate the matter. We have heard several scientific and ingenious individuals express a wish to be permitted to stay a night upon the spot, but it is understood that Mr. Shaun will not permit strangers any longer to satisfy their curiosity, except those whom he himself may appoint.—Correspondent of the York Courant. ASSIZE INTELLIGENCE. NORFOLK ClRCUlT.—Aylesbury, March 13. CROWN COURT.—(Before Lord MUNGER.) Joho Hall, Richard Terry the elder, Richard Terry the younger, Joseph Terry, William Adams, and Thomas Sprat ley, were indicted for having cominitted a brutal assault on the person of. Ann Pepper. Mr. O'Malley and Mr. Power were counsel for the prose cution ; and Mr. Sanders and Mr. Wells defended the pri soners. _ _ _ . The prosecutrix is a married woman, and from her evi dence (the general outline of which alone is fit for publica tion) it appeared that being in the company of her husband and three friends at Tuigewich feast in August last, she met all the prisoners at the Rose and Crown. Being unable to procure lodgings for the night, from the influx of visitors into so. sequestered. a village on that festive occasion, the party of the prosecutrix repaired to a neighbouring cow-shed, where, fatigued with the pleasures of the day, they soon fell asleep. In the course of the night their slumbers were disturbed by the entry of two men, who were soon followed by four others. Before many minutes had elapsed the intruders developed their wicked 1 ) Pose, and seizing hold of Mrs. Pepper, they forcibly o tore h er f rom h er h us b an d, and commenced a 43 attack on ►the mat- a the party, who ded for the con stable, leaving the•prosecutri* in their power. No sooner were her protectors out of eight then the prisoners forced thg poor woman i n t o a building- hard by, w . liere they all assaulted her in a manner, and with a brutality, which beggars de scription. Suffice it t o say that the d i st rac t e d litisband on his return, after the lapse of sn u found his wife half dead, and scarcely, able to detail liar She was authorities set out in taken to the village surgeon, and the pursuit of the offenders, who for some time e detec tion. Three of them, however, among Wed the Terrys, who stood in the relation of uncle waner two of were arrested as they were on the poi n t of emliar L , ,exhave, India with a regiment into which they had era: embarking the day after the outrage, and tike4li,ers were nitimately - t r , we ' to various inland parts of the cot s infry, whither they had absconded in the vain hope of escape, ilYtt of the ruffians were most clearly identiCicd to-day by their Ogim and her husband, while the sixth was recognised by his cap which had fallen from his head in the seuflle at the cow-shed, and was now positively sworn to as haviu been worn by him ors the evening at the public-house. The Learned Counsel having severally addressed the jury on behalf o f th e i r c li en t s, t h e jury without much hesitation found them all Guilty, and the wretches were forthwith §en tenced to be transported for 20 years. POLICE INTELLIGENCE. (YESTERDAY.) CLERKENWELL. Martin Gahetiss, the landlord of the Swan Tavern, Upper Holloway, was summoned to answer the com plaint of Inspector Thatcher, for unlawfully and know ingly permitting gaming on his premises. Mr. I)uncombe appeared for the defendant. It appeared, from the evidence, that on the 27th ult. a corn-dealer, named George Bradley Shonnet, residing in Gray's Inn-lane, went to defendant's house, accom panied by two young tradesmen, named Alfred and and James Stroud. Shonnet deposed that having drank a considerable quantity of wine, James Stroud, challenged him to play at "four corners." They did play, and he lost 681., 101. in money, a 201. promissory note, and a 361. bill. Shonnet further de posed that at the time he signed the bill he was so stupidly drunk as not to know what he was doing, and recollecting himself in an hour afterwards he snatched the bill out of Alfred's hands and tore it in pieces ; the pieces were, however, collected by a friend of Stroud s, and put together so as to form a whole, and subsequently the bill was circulated and presented for payment to Shonnet by a clerk of the Bank of England, but payment was refused. It was found that the landlord was pre sent whilst they were playing for the bets, and must have been cognisant of it. After the bill was tom Shonnet deposed that James and Alfred Stroud attacked, kicked, and beat him in a very violent manner. Mr. Duncombe admitted that skittle-playing and gambling had taken place, but denied that his client was aware of it. He called several witnesses, but they did not disprove the evidence for the prosecution. Mr. GREENWOOD fined the defendant 51. and costs. Two men, named Rawley and Davis, were charged'as suspected persons. They were found lying in a brick field in Islington on Wednesday night, by police-consta ble 201 N, and on Davis were found a large number of duplicates, some of them relating to valuable articles. A pocket-book was found on Davis, in which was the following entry, •• This night we must get money, or lie in the station-house." There were likewise tickets for the Royal Effingham Saloon in Whitechapel found on Davis, and two bludgeons. The prisoners said they were natives of Bedfordshire, and had been sleeping in these brick-fields for the last seven or eight months. On being interrogated by the Magistrate, they acknowledged that they had subsisted by begging, and had not been in any honest employ ment. They acknowledged having cut the bludgeons in Hornsey wood. Davis refused to answer any ques tions touching the pocket-book or tickets.—They were sent to the House of Correction for six weeks. THE SUN, LONDON, FRIDAY EVgNING, MARCH 15, 1844. MARYLEBONR. Yesterday two boys, named William Matthie, and Jo seph Hood, the eldest of whom was not more than 14 years of age, were placed at the bar before the sitting magistrate, Mr. Long, for re-examination, charged with the following daring robbery:— The evidence gone into upon the first occasion went to show that on the previous Thursday, between one and two o'clock, Reid, an active officer of the E division, was walking along Oxford-street, when he observed the two prisoners close behind a lady, who was going east ward ; he distinctly saw Hood lift up the said lady's pocket, and draw therefrom a purse, which he handed to Matthie, who immediately put it into his pocket ; they then ran away, pursued by witness, who succeeded in taking both of them into custody. In the way to the station Matthie dropped the purse and ran off, but witness having cried " stop thief," as loud as he could, he (Matthie) was speedily captured, and with his eom panion, locked up. The prisoners were both searched at the station-house, and on Matthie was found lOs 6d. in silver. The purse contained a bank of England note for 101., together with a sovereign, a half-sovereign, two half-crowns, and a sixpence. The constable added that in his anxiety to lay hold of the prisoners, he altogether lost sight of the lady who had been robbed. Mrs. Catherine Ann Cobden was now sworn, and stated that on the day in question (7th inst.), she left her home in Newman-street Oxford-street, with her purse in the pocket of her dress, at twelve o'clock, and that on her return she found that her purse and money were gone. Mrs. Cobden identified the pnrse and the lot note, and she also spoke positively with regard to her having taken out with her the gold and silver eoins alluded to, making up in the who!e 11/. 15s. 6d. The prisoners, who though young as regards years, are old in crime, and well' known to the police, were fully committed for trial. IRISH ASSIZES. THE MURDER OF_ ADJUTANT _MACKAY, OF THE sn{ FUSILIERS. At the Tullemon assizes, on Saturday, George Jubee was arraigned for the murder of Robinson Mackay, on the 11th of August last, by shooting him in the right side of the back with a leaden bullet. The SOLICITOR-GENERAL conducted the case for the prose cution. The evidence was precisely the same as that given on the coroner's inquest. Mr. GORMAN, who was assigned as counsel for the prisone addressed the jury in a very ingenious speech, calling atten tion to the fact of the Crown not having attributed any ade quate motive to the prisoner for the commission of the mur der, from which he argued, that if an individual committed an act that in his sound mind he must know would bring him to condign punishment, and did not attempt to fly after its commission, could it be said that man was in possession of - his reason at the time ? If any individual in that Court assas sinated a fellow-creature where there was no possibility of escape, could they doubt that that man at the time was la bouring under temporary insanity ? He did not attempt to fly or shelter himself, but stood there with his musket between his legs. There was no disputing the facts of the case; and lie would submit to them that they should consider delibe rately the state of the prisoner's mind at the time of the com mission of the act. No witnesses were examined on the part of the prisoner. The CHIEF JUSTICE charged the jury, who retired for a few minutes, and, on their return into Court, handed in a verdict of" Guilty." Clerk of the Crown—Gaoler, look to your prisoner. George Jubee, what have you now to say why sentence of death and execution should not be awarded against you according to law ? The prisoner made no reply. The CHIEF JUSTICE then passed sentence of death in the usual form. The unfortunate young man was immediately removed to the condemned cell, where he has passed the greater part of the time in prayer. The poor fellow is extremely penitent and resigned. The day for his execution will not be named until the close of the assizes. KING'S COUNTY.—TuLrAmonE, 11Ltrten 10. MURDER OF LORD NORBURY. The Crown Counsel, including the Solicitor-General, held a consultation respecting the expediency of proceeding at the present assizes with the prosecution for the murder of Lord Norbury. At first it was rumoured that they had determined to go on, and to apply to the Court to fix Wednesday next for the trial; but it is now stated very confidently that the case will be postponed until next assizes. Some witnesses summoned from England have already arrived. One of the witnesses for the Crown is the steward of the murdered noble man ; but that person, I understand, has not yet reached Tullamore. THE MURDER OF MR. GATCHELL. Thomas Dowling, charged with the murder of Mr. Thomas Gatchell, is to be placed on his trial to-morrow. MARCH 11. The Solicitor-General is still here, and upon inquiry of him this morning, with regard to the Norbury case, he stated that the Crown had not even then finally resolved upon the course which they would pursue. I believe they are waiting for the arrival of some of the Norbury family from England, whom they think right to examine should the trial be proceeded with.. There are the most extraor dinary rumours afloat here with regard to the matter, which it would be improper to mention pending a trial. • The names of the two men to be tried are Dolan and Gill ; they were both in the employment of Lord - Norbury at the time the murder took place, one as a farm-labourer and the other as a shepherd. TRIAL FOR MURDER. At ten o'clock this morning, Chief Justice Doherty took his seat in the Crown Court, and, after the grand panel was called over, three brothers, named Thomas Gilligan, James Gilligan, and Christopher Gilligan, were arraigned for the murder of John Fuller, which took place at or near Bally cumber, on the evening of the 29th of August last. Mr. GOILILL; counsel for the prisoners, stated that by ar rangement with the Crown, he would only ask forty peremp tory challenges on the part of the three prisoners, although, in point of law, they would be entitled to twenty each. We believe that this course was adopted to prevent the Crown trying the accused separately, which they would have a right to insist upon if they thought proper. We may here state, that amongst the first hundred names on the jury panel there are but eight Catholi cs . The SOLICITOR-GENERAL stated the case very briefly, and then called witnesses.. It appeared that the son of the deceased and the prisoners had had a difference previously; that on the night in ques tion a scuffle occurred between the parties, in which the elder Fuller was so severely injured by a bl o w that he died in nine days after. The jury brought in a verdict of manslaughter. His LORDSHIP passed the sentence of transportation for on the prisoners. FINDING OF THE BILLS FOR THE I.IURDER OF LORD NORBURT The expected witnesses in the Norbury murder case ar rived here, to-day, at two o'clock when bills were sent be fore the grand jury, which came down at half-past thre found. It is said that one of the sons of Lord Norbury, their age' Mr. Garvey. the house-steward, and several of the servant who were at Darrow Abbey when the murder was com mitted, are amongst the witnesses who arrived here to-day. Besides the Solicitor-General and the whole host of Crown counsel who are to prosecute, Mr. M'Donagh is engaged on the part of the next of kin. ARRAIGNING OF THE PRISONERS. At four o'clock,. John Gill andiPeter Dolan were put to the bar, and arraigned for the wilful murder of Hector Toler, Earl of Norbury, on the Ist of January, in the second year of the reign of the Queen. The prisoners were in the garb of common labourers, and each appeared about 32 yehrs of age. They pleaded Not Guilty. If the trial for the murder of Gatchell ends to-morrow, the Norbury case will be tried on Wednesday—if not, on Thursday. The most intense interest exists with regard to it. Dolan is charged as the principal, and Gill as an accessory before the fact. TIPPERARY (SOUTH RIDING). _ _ IMPERIAL PARLIAMENT. HOUSE OF LORDS, March 14. The LORD CHANCELLOR took his seat on the Wool sack at Five o'clock. Petitions in favour of protect - 4n to agriculture were presented by Lord Prudhoe, from Northumberland ; by Lord Sondes, from a number of places in Kent ; and by Lord Brownlow, from Yorkshire. On the motion of Lord COTTENHAM, the Com mittee on the petition presented by the Noble and Learned Lord on a previous night, respecting Dis senters' property, was appointed. Their Lordships then adjourned. HOUSE OF COMMONS, March 14. The SPEAKER took the Chair at the usual hour. Mr. M. MILNES presented six petitions against the Bradford and Leeds Railway. Mr. WALKER presented similar petitions from the Earl of Derby, the Earl of• Wilton, and others. Lord WORSLEY presented petitions from York shire in favour of the Commons Inclosure Bill. Mr. P. BORTHWICK presented a petition from certain persons connected with the silk trade, praying that the operation of the Factories Bill might not ex tend to their trade. Mr. ALDAM presented a petition from Leeds against certain clauses of the Factories . Bill. Lord MAHON presented a petition- from Hert ford against any further tax being imposed on coal imported into the port of London. Mr. AINSWORTH presented a petition from the cotton-spinners of Bolton, praying for the abolition of the duty on cotton wool. Lord OSSULSTON presented, petitions from Northumberland, in favour of protection to agri culture. Mr. HARDY presented a petition from Bradford in favour of a Ten-hours' Bill. AUSTRALIA. Mr. G. HOPE said that his Hon. Friend the Member for Roxburghshire had, last night, moved for certain papers relating to Australia. In moving for those papers, his Hon. Friend had entered into a long state ment respecting the condition of the squatters in South Australia. In the ordinary channels of in formation this statement had been given to the public, but his (Mr. Hope's) reply to it had not. He therefore now rose merely to state that, although the Government did not object to the production of the papers moved for by his Hon. Friend, yet they did not agree with the statement made by the Hon. Gentleman with respect to the condition of the squat ters in South Australia. Mr. RICARDO presented a petition from the Potteries, praying for the release of a person confined for sedition. Lord SANDON presented a petition from Liver • pool against the union of the sees of Bangor and St. Asaph. NOTICES OF MOTION. Lord PALMERSTON deferred till this day fort night his motion relative to the treaties between France and England on the subject of the right of search; PENINSULAR ARMY. Col. LEITH HAY . gave notice that, on Wednes day, the 20th instant, he should move an address to her Majesty, praying the Crown to confer some ho norary badge of distinction, on the surviving officers of the Peninsular army. AGRICULTURAL STATISTICS. Mr. M. GIBSON postponed his motion on the deficiency of agricultural statistics, until this day fortnight. MORTMAIN. Lord J. MANNERS gave notice of a motion for a future day on tho law of mortmain. CATHOLIC OATH. Mr. VERNON SMITH, owing to the absence from town of several Members, whose assistance he desired to have, postponed his motion for an altera tion of the oath taken by Roman Catholics on enter ing Parliament,. and gave notice of his intention to introduce a Bill upon the subject soon after Easter. A, upot. THE RECENT DUEL. Mr. W. 0. STANLEY said that, with the per mission of tho House, he begged leave to correct a mistatement which he had been led into the other evening with regard to the late duel between Lieut. Munro and Lieut.-Colonel Fawcett. He stated on that occasion he heard it reported that on the day be tween the provocation and the duel, which was a Friday, Lieut. Munro, or his second, consulted the officers of his regiment. Since then he had received the following letter from Mrs. Munro, Ni hich he would read to the House : " 51, Cambridge-terrace, Hyde-park, " March 12, 1844. " Sir,—Observing in the Times of to-day a letter from yourself regarding the late melancholy duel, re flecting upon any advice offered to my most unfor tunate husband from his brother officers, allow me to assure you that not one officer still holding a com mission in his regiment was consulted on Friday. The truth is this, that one officer. of 30 years' stand ing waseonsulted, likewise a gentlemanof much experi ence in those affairs. This gentleman during the day consulted a general officer, and Lieut. Munro con sulted three military friends not in his own regiment, who all were of opinion that there was no other course to be adopted but the one he followed. " I still linger in England to defend my unfortunate husband's case, as far as lies in my power ; and I again beg to assure you that there is not the slightest blame to be attached to any of the officers of the Royal Horse Guards. "By publishing this letter, in answer to your's of this day, to do justice to the officers of the Blues in this lamentable occurrence, will greatly oblige, " Sir, your obedient Servant, " ELIZA MUITRO. " W. 0. Stanley, Esq., My: , GREECE. Mr. B. COCHRANE said ie rose for the purpose of asking the Government what course they Intended andinternal its-resources were tr ati administration he o isct f hr the n ytehde.y country hTehl de so to pursue with regard to our future diplomatic re lations with Greece. Before the 15th of September Greece was suffering a ll the evils incident to petty was disputes. mun d ic e i a p r a , l pwriverileege destroyed, of the and, people,at the same enfeebled, The time, foreign soldiers and mercenary troops were employed to Perpetuate this state of things. The best friends of Greece, and those who 'were best acquainted with the coun t ry, as the Hon. Member for Bolton, anticipated that this would produce a renewal of those scenes of bloodshed and violence which had for so long a period' devastated that country. On the 15th of September the nation rose in a mass, but they did not commit a single act of bloodshed or violence. The Con stitution was proclaimed, and it was accepted by the representatives of: France and England ; the latter of whom, in this respect, anticipated the feelings of his Government; and here the House would pardon him if he paid the tribute of his admiration to that Gallant Officer, who filled the situation of Minister of this country at the Court of Greece. He had received communications from Greece informing him that to the conciliatory policy of Sir E. Lyons, Greece was indebted for many valuable services. In any allusion that might be made to the revolu tion, he should not at all touch upon the revolution which affected* the Crown at so recent a period ; but at the same time he should render his meed of praise and npprobation to the results of the late elections. The next point to which he should refer briefly, was, that with respect to the communication with Piscatori. In that it was asserted directly that they were most anxious to maintain all the , legitimate institu tions of the empire in their original integrity. The document concluded by exhorting King Otho to use his influence in a moderate and temperate man ner, or he would be plunged into 'worse dangers than those lie had escaped. (The Hon. Gentleman then read an extract from the dispatch of the Earl of Aberdeen to. Sir E. Lyon.) He regretted to say that, since that period, the Russian party had used all influence in opposition to the other combined parties. In pursuance of the object of his motion, he could only state that one of the articles of the Constitution was guaranteed by the State, and he should wish to know how far the Government intended to permit the ratification of that article. It was the 39th ar ticle, which stated, that every successor to the throne of Greece, shall be a member of the Greek Church ; this article was entirely opposed to the treaty of 1832, which placed the succession to the Greek throne in the house of Bavaria, and the next brother of King Otho was a Roman Catholic. If this article should be ratified, it must lead to great difficulties, and a complete subversion of all the objects of the revolution. Another article was the 70th, which gave the King the power of appointing officers of the State for life. There were several minor points, but the succession to the throne, and the settlement of the Civil List, were those to which he, desired chiefly to direct the atten tion of the Government. 1337 adopting the Constitu tion, the Greeks had placed themselves in the posi tion in which they would have been in 1832, if the conditions of the treaty had been fulfilled by the Allied Powers. It was the duty of the two Powers, if they had the interest of Greece at heart, to interfere to prevent the ratification of the articles. He thought it would be most unwise and injudicious in the people of that country, if, with the example of France and England before their eye s, the y were not satisfied with the same amount of constitutional li berty as was enjoyed by other European countries. The King, having so cordially adopted the Constitu tion, it • would be' unjust if the people did not meet him with reliance and good faith. He thought that the course that had been pursued was erroneous, and that other means ought to be taken for the purpose of c onsidering what course would be best calculated to lead to the proper govern ment of Greece. The' Hon. Gentleman concluded . by moving for correspondence or extracts of any correspondence, between her M ajeStrs Government s CLoNMEL, MARCH 9.—The Commission Was opened here this day by the Right Hen. Judge Ball. Judge BALL (the grand jury having been re-sworn), pro ceeded to deliver his charge, and said he was very happy to grid, with reference to the calendar before him, that the amount, as well as the general description of crime in this division p 1 the county, was considerably less than the average of former assizes, Ho had; procured a return, which had begla Itancle,tl to him that moment, which he (Judge Ball) coasklered ,to be an interesting one, and which might also be found a useittd one. A column annexed to the calendar con tained a specific-4 , 4%1440 tate of education of the prisoners in gaol, and who were fur triuil,, .nd he found that, with the . „ €4,peption of about ten out or spo,yran ?. e, the others were able eftheir to read or write ; or, in other ww,ds, that of sixty-one prisoners, Mir one were so far instructed az either to be able to read or write. Mat struck him, whether for good or evil, As A tact well wor th ati,iolng to. It also appeared that more were able to write than to rat:, The fact might not of itself ` ID ' . much importance, but if such returns were furnished of calculated to che.ck it. the_ state of education at every asslie, they might, to gentle winleinfl:ftrience, afford a means of explaining the causes lie would, therefore, pr crime within the county, and what means were the foreman and the inatioritypf the lie (Judge Ball) had not any occasion to detain them by making further observations to the m , a nd to dispose of the bills w rich ..• . Ja,' ~ . d . to take the presentments, The case in which four men are ' ?"'ift while grand jury would proceed f0ui .4,4:- of the late Mr. Scull ../n .F.,4404 . ; for the wilful up to them. y wilt not, wn 44derstand, be i prom4o).at the present assizes. THE NA mu. moRTA4 am splendid trophy, taken. at the siege of Namur by the army under Sir It. aoodricke, in the reign of William and Mary' and which was exh►bited in the Armoury at the Tower pre vious to the fire, when the carriage was destroyed, has re cently been landed at the Tower from Woolwich, where it had been sent to be refitted.. It is now placed opposite the Ordnance-office; ami.from its immense size, being 18-inch )ore, excites much interest and attraction. and Sir Edmund Lyons, or the Courts of France posed in him that full and entire confidence to which and Russia, relating to recent events in Greece. he was entitled. It was an honour to the profession Sir R. PEEL trusted the House would permit 'the to which he belonged that he should discharge his du - Government to exercise a large discretion with re- ties with such discretion, fidelity, and ability. spect to the part of the correspondence which it should Sir H. DOUGLAS concurred entirely in some of be advisable to produce. The correspondence which he the views thrown out by the Noble Lord, the Member (Sir R. Peel) would produce would rather refer to the for Tiverton, and especially in reference to the main general principles which this country, acting in con- spring of the revolution in Greece. It was cert with the Government of France, had advised not a revolution in the ordinary sense of the the National Assembly of Greece to pursue, in lay- word. It was one of those military pronun ing the foundation of their future constitutional eiamentos of which they had seen so many of late. government. He thought the House and the Hon. He begged to remind the House that the great Gentleman would admit that those instructions and object of the Greek revolution was the full and entire that advice had been influenced - by the purest mo- separation, spiritual and temporal, of the Greek fives, and the sincerest wishes, .to establish in Church from the Patriarchate of Constantinople. By Greece a popular representative and constitu- the first article of the protocol which he held in his tional government, combined, at the same time, hand, it was provided-that the Greek Church should with such institutions as should secure the existence recognise no spiritual head but our Saviour, Jesus of a limited monarchy. He thought that the corres- Christ ; and he thought that the Noble Lord must pondence which he should lay before the House be well aware of the serious inconveniences that would fully prove the truth of his assertion. But he had arisen in the lonian Islands for want of this should feel exceedingly unwilling to lay before the separation. . When the late Government were in House at present any correspondence with regard power, the connection with the Patriar . Ohate of Con to the details which were now under consider- stantinople impeded many contemplated acts of im ation. Ile thought that the way in which provement ; and at length the Greeks became so im the National Assembly and the constituted patient of dictation from that quarter, that he was authorities had acted up to the present time, obliged to order the British Ambassador positively to showed that they were deserving of public con- insist that the separation should take place. All fidence- He thought that at present it would be very the struggles of Greece would be unavailing, all impolitic to enter into a discussion on the subject. her blood had been shed for nothing, if she was still —(Rear, hear.) As a proof of the inexpedi- to continue in spiritual subjection to the Patriarchate ency of entering into these discussions at present, of Constantinople. The Noble Lord had truly he would mention one circumstance. If the Hon. stated upon what family the election was Gentleman had asked him, at four o'clock, what was likely to fall if the monarchy became elective. the decision of the Assembly of Greece on the subject These were the great objects for which the Greek of the duration of the term of office of Ministers in people were struggling, and with which the people of that country, he could not have given him any infor- Europe, and the whole civilised world would sympa mation on the subject, but, after the lapse of a few thise and agree with them. minutes, he was enabled to inform him that accounts Sir R. H. INGLIS thought that the proposition of had been received from Greece during the course of the Noble Lord would come under the term the-present - day, with the result of the discussion of of what might be denominated ultra-liberal. that subject hi the Greek Assembly. A division had He thought the conduct of Sir Edmund Lyons was taken place on the question, and the votes had been quite free from the slightest imputation of blame, and equal on each side—ninety-eight h av i ng voted for that no appointment had ever been made by the Noble the limitation of the time of holding office to ten Lord which was so unobjectionable as that one. years, and ninety-eight for office being held during life. In his opinion, that gentleman was entitled to repre- It was expected that a division would take place the sent England and its interests, not only on next day, which would decide the question. The account of his uniting the high character of an House would therefore see, whilst these great ques•• English gentleman with that of an eminent officer, tions were under discusssion in the Assembly The Noble L9rd had said that the three protective of Greece, properly and constitutionally constituted, Powers were entitled 'to claim a Constitution for how extremely inconvenient it would be to have these Greece. More than that, the King himself had ten matters discussed in the British House of Commons. years ago promised to give a Constitution, and it He felt assured that the House would agree with him was by virtue of that pledge he continued to govern that it would be exceedingly improper to attempt any that Le and glorious country. He believed that a premature discussion of the subject in that House, grosser system of tyranny was exercised in that country lest they, should create an unjust and improper pre- during those ten years, than in any other country in judice on the subject. Every effort had been Europe for a century. He would not stop to inquire made since the commencement of these proceed- whether what had happened on the 15th September was ings, both by the British and by the French worthy of the name of a revolution ; but it was of Governments, to give such advice only as such a nature as to recommend anything even bear it - was fitting for them to give, and as it was ing that name to him. He should not go along with also fitting for a free nation, like the nation of Greece, his Gallant Friend in. saying that it was a military to receive. —(Hear, hear.) With regard to the loan, movement. He believed the revolution was prepared he trusted that the Hon. Gentleman would excuse by the scarcely endurable despotism of the King— him if he declined giving any answer on the subject (Hear, hear)—and that the soldiers shared, but did at present. Although at one time it might have not lead, the feeling of the country.—(Hear, hear.) been considered expedient to insist upon the repay- Sir H. DOUGLAS explained. ment of the loan, yet when they considered what Mr. B. COCHRANE replied. had recently taken place, he thought the House would The motion was then agreed to. agree with him in opinion that allowances ought to THE PORTE. • be made for a people who were passing through such Mr. M. MILNES, in rising, according to notice, a crisis as the . people of Greece were passing through "to call, the attention of the House to the resent at present. He hoped the House would feel assured that state of criminal jurisdiction over British subjects every attempt would be made, on, the part of the Go within the .. dominions .. of the Porte," said he . must j vernment, to reconcile the duty which they owed to found . his justification for bringing forward his this country as the guardians of the public purse, with ton on the enormous practica importance of the mo what they felt was due to a country placed in such a osition as that which Greece now occupied.— question. He knew how very few Members took a n y p (Cheers.) , In about ten days he hoped to be able to interest in what were called foreign affairs, proceed lay on the table of the House all that portion of ing t irom circumstances on which he would not then the correspondence which he should think it right to ala e ; and when to produce, and which he trusted would be found siiffi • the one that there was no representative of the foreign cient to satisfy the Hon. Member.—(Cheers.) department of the Government in that Hou s e, an d Lord PALMERSTON confessed that the answer that any one wishing to bring forward such a motion which the Right Hon. Gentleman had given Was could not do so without great trouble to the Ri g ht more satisfactory, than; judging from the state of Hon. Baronet at the head - of the Government (Si r Robert Peel), he should not have felt - - himself the Treasury Bench when the Hon. Gentleman began authorised in his present course wer e no t his speech, he could have possibly expected.—(A his object one of great acknowledged importance. laugh.) He thought the statement of the Right The inhabitants of Malta were an industriou u- Honourable Baronet, as far as it regarded p ration, and so were the inhabita n t s o f the lonian p lonian factory. He was glad that., the Right Honour the motion of the Hon. Gentleman was entirely satis- Islands ; and could- it be e x p ec t e d th a t they would not do all in their p ower t o o btai n able Baronet. had consented to present the pa- the regeneration they lo o k e d f or ? H e pers, and he thought that the utmost discretion traced the treaties that had been made between ought to be allowed to the Government in the eastern countries and the nations of Europe, from selection of those papers which they might think the time of Charlemagne to the day s o f Henry IV. right to present. Ile thought that the utmost deli- of France, showing that the jurisdiction over cacy ought to be exhibited not to offend the delinquents was exclusively vested in the Consuls of feelings of independent nations.—(Hear.) The Hon. the nation ta which the culprit belonged. Having Member for Bridport had alluded to what he called obtained these stipulations from the Porte, ought they the late event in Greece—he would not call it not to have submitted them to some competent autho a revolution, because it was the act of the rities of their own. He was astonished that nei- Greek nation, claiming those institutions to which ther the Noble Lord (Lord - Palmerston) nor any other they were by right entitled. Their conduct during person in office, had proposed a remedy for these evils. that event, in his opinion, reflected the highest He begged to remind the House o f th e case o f a honour on the people of Greece.—(Cheers.) Per- Dutchwoman who VasN killed by a Burmese in Malta. sons had said that the Greeks had been so many thatcase there :was no means of adjudication except In centuries under slavery and oppression, that they b y sen d ing t he prisoners to England for trial, and he were not yet fitted for a constitutional form of government. The event had proved how undeserving was informed that all the exp enses o f th e w it nesses were paid, and that they received two dollars a day as they were of that opinion.—(Cheers.) He belie ve d compensation for their loss of time.—(Hear, hear.) that all nations were fitted for constitution a l go- another case an injury had been inflicted by an vernment—(Cheers)—and if there were any nations Englishman upon a Turkish subject. Although ac not fitted for it, the only way to fit them for it was to conling b t e o the i v letter en u of t u t h i 7 le c ap t ! d tul e a d ti o b n , t t h h a e t prisoner tto m give them constitutions—(Loud cheers)—for if they were to wait until the enemies of, popular constitu- might Porte, the g iven was completelyjg by other wa a y n tions pronounced that the people were fitted to He was sure the Government would say they directed receive them, he feared they would have to wait along their attention to the subject immedi a t e ly a ft er they time.—(Cheers and laughter.) Nothing could bemore came into office, and that they passed the F ore i gn honourable to the Greek nation than the mode in Jurisdiction Bill. He thought the Government which they had brought about the establishment mi ht establish a Court in Malta for the trialste of those the their Constitution-s-(Cheers)—and the conduct of g as one was established_ in Trieste. The o the King of Greece during this trying state of subject offences,had continually been brought before the things had been infinitely honourable to him. Now, subject at one time or another—they had the repugnance which he had evinced to the ac now edged the evil, but took no means to rem e d y k 1 granting of a popular Constitution, might have ran- i dered it probable that he would have endeavoured it. He now h o ped they would show a d e t erm i nat i on to have escaped from the necessity of submitting to correct so great an abuse, and with this view he to that Constitution which had been forced upon him ; begged to move an address to the Crown in accord ance with the words of his motion.—(Hea r .) but he had -throughout acted, with . the ,utmost,; HOPE id, as t he understood the Hon. Gen sincerity and good faith, in a manner which t eman whohad ,just addressed . the House, his com -Isa • reflected. on ,him the highest: honour. He agreed Plaint was, that the Bill which hadpassed last with the Right, Honourable Baronet that there session ought to be the utmost discretion exercised gave powers to the Government, but th ey h a d f a il e d England In any to bring them into sufficient operati o n. H e h a d re by the Governments of Fratce and advice which they might think it right to fearedto documents—amo ngs t o th ers to an O r d er i n offer to the Greek nation at the preSent Council, and -certainly O r d ers i n C ounc il were no ti-rrie.-:-(Loud, cheers.) Although he admitted that thing unless they w ere ma d e to app l y to cases. But they had a right •to advise, yet the utmost for- this d he (Mr. Hope) ma i n t a i ne d h a d b een d one. bearance ought.to be,shown, in .the exercise of that Under tii? Government were no t j us tifi e d i n i nter f er i ng , in ' able' Member ,for Bridport ".' that the , attention of this matter. those .Governments ought to- be directed to that Dr. BOWRING thought the authority which article in, the. Greek Constitution which provided that might with propri e ty b e exerc i se d i n one p l ace, the SoVereign . should he of the Greek religion. If might not be applicable in a no th er , an d, th ere f ore, this matter was involved in no ordinary difficulties. the succession should fail in' the line of King Otho, the Crown would descend to Leopold and his descendants, In some parts of the East the British Consuls exer who would he Catholics. This regulation would be in- cised almost supreme influence over th e S overe i gns, compatible therefore with the rights of the succession. whilst in others no grievances could be redressed, He trusted he should not be told that this incompati- He thought that the chief thing which was wanting bility Might he got over by the adoption of the Greek in this matter wag t o e s t a bli s h some co d e w hi c h religion by the successor to • the' throne of Greece, would lay down: the great outlines of legislation, who might be a Catholic. He trusted that neither and which would give the British Consul, certain England, nor France; - nor the Greek people, would definite powers. , He hoped that such a consular code expect that a person - brought up in one would be speedily formed, and a good means of work particolar profeasiOn should change it mer e ly t o s t ep ing it adapted. ' into a foreign throne. 'He thought it would be in- -Sir R. PEEL agreed with the Hon. Member that consistent with the treaties by which the succession there,vvere many difficulties surrounding the question to the throne of Greece was regulated if that article of providing a remedy for those evils. One of the of the Constitution should be ratified. But there was chief difficulties would he felt in carrying out the another objection to this article, collateral and consti- decisions of those tribunals. He felt aware that tutional ; for if all the branches of the House of Ba- the ,spirit of the present' age was against vans should fail, and if that article should remain in the infliction of the punishment of death, except in force, where would the Greeks have to go to find a eases when it was required as 'an example - against successor to the throne ? They would be driven to great crimes, and such was also the feeling of the the Royal Family of Prussia, one of the three par- present Government. He thought this measure ties to the conference by which the independence might have a tendency to lessen in the eyes of foreign, of Greece was established, and it was a fundamental nationsthat estimations of the-principle which above condition of that alliance that neither one of the all others was most prized by England, that any three Royal Families . should give a successor person accused of a crime should have every means of to the throne of that country. It was defending himself. Her Majesty's Government had their intention to make Greece independent of considered this matter deeply, and were sensible of these three Powers; therefore it was another the evils which at present prevailed, and when such a objection to this article of the Constitution code as would be likely to remedy them could be that it would drive the Greeks to choose a successor established as one fit to be adopted by this great from the Imperial family of one of the contracting country, both the Hon. Member for Pontefractand Hon, parties to the treaty. lie trusted the Governments Members opposite might depend upon it no time would of England and France would use the i n fl uence t h ey b e l os t i n i ts app li cation. were entitled to exercise to obtain a modification of Lord PALMERSTON said if a satisfactory' ar this article. He was delight6d to hear the tes- rangement had been made with respect to this matter, timonisc that had beep borne by the Hon. Member it was not because it had not occupied the serious' for Bridport to the conduct of that distinguished attention of her Majesty's late - Government. With re officer and diplomatist, Sir Edmund Lyons. Through- spect to what the Right Hon. baronet had said on the, out all the transactions in which he had been en- subject of capital punishments, he (Lord Palmerston) gaged in Greece, his conduct had been equally acknowledged that it was a subject which was i honourable to himself and ad van t ageous t o th e coun - volved in great difficulties, be cause i t would be Minoan.; try. They had appoi n t e d hi m un d er pecu li ar respon - impossible sometimes to' establish th a t f orm of trial . l arf ' sibilities. Though he wa s di s ti ngu i s hed as upon the spot, which would b e aat i s f actory, or which an able officer, he had never before been engaged would convey an imp ress i on of fairness to al in diplomacy, and h e was g l a d th a t th e resu lt had because the crimi na l wou ld b e, in many cases,. dies,e justified their j u d gmen t. H e was g l a d th a t th e Ri g ht prived of the ad van t ages of hearing vivae evidence Hon. Baronet had agreed to give the p a pers m ove d and of cross-examining the several witnesses.- He fei., He thought that the Hon. Member would exer- felt, bound to admit that the Government had • cise a sound discretion in leaving it to the Government taken the right course, and that they had to make such a fair selection as they should consider adopted the most satisfact r and j all the circumstances were ' 11 . e' might be done withont detriment to the interests of mode of arrangement that was o knii*lls the public service. as 4 ila .whe n the subject had been brought keitire th H g wnslclered, -ll e was lad Sir R. PEEL trusted that the House would not he hoped that no delay draw any inference from his silence on particular ,place, e o b use, and points of the Greek Constitution. The religion of , would take that circumspect (mune would be 14 which the successor to the throne of that country was a point I should be suited to the magnitude of the subject; adopted,w icd that had not escaped the attention of the Govern- ! that they would be able to make so e an me more satisfactory ment. It had occupied its full consideration, [ arrangements.—(Hear, hear.) but he believed the Noble Lord would concur with Mr. MILNES said this ' him in considering it to be unwise to ' dto be considered matter which re with was a . enter , quire of on i scuss - di upon ' the . that question at present. I He did not think it seas at all necessary to have a The Noble Lord took some credit to himself, and Consul at home. Austria had not one at home nor, , justly so, for the appointment of Sir Edmund Lyons. he b • elieved, Russia.- Let them -follow the French He hoped he would admit that the Government were system. The Right 11Q1 - 1. Baronet at the head of the entitled to some credit f or h av i ng retained in o ffi ce Government, had satisfactorily explained the cause the person appointed by their predecessors, and_re- Of -the delay of the Consular returns, and he-Would not further detain the House, but sit down; thankOg them for the kindness with which they heard 1 4 °1 ' After a few wordS from Sir R. PEEL the mono was withdrawn. DUELLING. _ Mr. TURNER then rose to move a , that " " That duelling is:immoral in its lendencyi brings into contempt the laws ,of. the :country,,_. contrary to Divine coinma'nd,' and ought to be regretted lished." The Hon. Gentleman said he regreL o very much that after the declaration that had ;7 4 made in her Majesty's speech the Government hat tal , en some step, or introduced some measure, t° Pu t down this disgraceful practice. A Bill had brought into that House in the '.year 171 3 , ro the duel between Lord Hathilton and ca e r resolution, Mohun;•and in which both lost their lives, in sr to suppress duelling, but that Bill did not pas,' -4 t ne , cond reading. He thought the practice of d! , !-= should be as rigidly discountenanced among civia;, as in the army. • It was not so difficult to raellicb e ,, law understood, and if once understood .it w eird " of followed. He had in vain searched in many eminence, and in every statute, for any counter to duelling—whenever it was practised it was In : ; r tioned in condemnation. The Hon. Menabe,r,/, , Salford said a few nights ago that duelling han. o 7 3 it created by public opinion, and by public opiralyQ would be suppressed. But why should the el re ..:, allowed to remain so long unremediell? flee sent Government brought in a Bill for its suPP7 O - 0, brief in its nature and peremptory in its Prov? 0; duelling would at once cease, and the Rig''' . at Gentleman would have conferred a great ben . 0 0 . t the country. The Hon. Gentleman then quoted.. observations of Paley, who stated that duellincs; murder, and should be dealt with as such. N°_, o3o t had a right to take away the life of another, %1 03, by public authority and for the public good. sh ost years ago Colonel Thomas, of the Guards, w as fo od' - in a duel, and in his pocket after his death was jue l, a document, written the very evening before the du of which the following was an extract :—" T id ra i , d oes rally and religiously opposed to duelling. 1 -b istss e, not prove that one is a gentleman, nor that he is.",, os t nor does it afford satisfaction for an insult. V i ß s i any man has physical courage enough to / 1 ,.." 11 4, duel, but few, alas, may have courage en . ,,°4 to stem the tide of public scorn." Few there M o . indeed, said the Hon. Gentleman, that would a t the' to face public scorn. In a church-yard, village of Chard, in Dorsetshire, an officer was b" -w _ o ... who had fought for his country in eighteen en „ .61, 4 11 ments and died in a duel. He was glad to sell ;".• • _. the country would be glad to learn, that there t f society established for the discountenancing of daeis were , consisting of 349 members, 13 of whom mirals, 67 field-officers, 36 captains in the aing:ia lieutenants, 32 captains in the navy, 17 lieutenn-1,4 the navy, 30 noblemen, 14 Membera'of and 141 civilians ; but lie regretted to. Kay ther i e nbe r. but 1 clergyman of the Church of England a rq te , Viscount EBRINGTON-That is owing- , particular reason. • Dam Mr. TURNER was glad to hear the Noble_ say so. He was well. aware that the autherist' es ' y ' l, might be,broughtforward,would be of that:enng; that might require more-üble advOiates than ibrio but, in all he had said, he strictly adhered.to tbe o -0 that -liad-beeff---brought-before tbt It had been said that it was not difliea i , abate the. nuisance ; means had been adoiite:4o, other countries, which, he believed, would sol uo ' e st an end to it. In his opinion, the PulL a is- ovar was far too great, and the consequence of' ,": h toat • that juries often gave verdictS which they vi4l . al have clone, and that many persons were acqulPZ_Vti,' were guilty of duelling. ..a,e.thOught that PC, 0 , ought to: be so framed, that parties ought .to. coli . nished not only for fighting 'a duel, but for others to do so: He believed.that.that House isl y, not do its'duty until it enacted some law to de„to with duelling. lie would read. them a letter AP P je,, , constituent of his, who did not „give hiin his b r ♦ve but, if he knew him; he:believed. him to-bet e an officer as any in her Majesty's nail. •''', 4 ;,efiv that he (Mr. Turner) ought to push the Gove'llynk on,-if it was sincere •in its desire to abolish d4e They ought to: issue a. public notice to theTintl a ftSri navy ; that any , officer taking part in a duel - bel f t wa. either as principal or second, should be retaell'olf her Majesty's service, and that no pension granted to'the widow of any officer losing P!'„ bo lisif, a duel. Such an order would put an end to this - !,, n4 i o f . practice. •He would -say nothing about the rinte:' to Mrs. Fawcett; he decidedly agreed, with rea l ,4' it, with the Noble Lord the Member for Supcir He thought they would be justified in .refali'nC, pension, ,provided they brought in a law Pr cu ' ou lab:. the practice. He did hope that some means w„„ a , devised, not only with regard to that unfortuna;goi! but that some mitigating circumstances wit s ,int°' to-the conduct of Lieut. Munro would be taken' the consideration of the Government. The of the Hon. and Gallant Secretary of War l e der only to officers of the army ; b u t h e h a d froia';aiiic respondent he had before cited received a letter why the Order should not be applied also to tt il iceri and all the civil depart men t s Of the QueedsWhalt including the 'Privy C ounc il.—(Hear, , ', t ueir: were those who sanctioned this practice witort high example ? They we re ' no t officers titrA" • or navy ; there were na mes w h o sanc ti o ned the - I,lr flee not belonging to either. There were 0,.., 1 °Y., 1 0 , nisters of the Crown w h o h a d b een parties tiitt He had long thought th a t th e pu bli c press oulri:t;,, vocate the abolition of this practice. He I r7 ne r. hand a rather sing u l ar d ocumen t res peola3,tari,, public press and this question. It had been '7fgi4 l , the practice was fast dra w i ng t o a c l ose hut-Pe o • that it was not so. H e mus t go b ac k f o r hisP„-, to the whole reign of George the Third: reign there were 172 duels, in:which 69 .perk' tom' killed, the whole number of persons punished / 1 ,,' - 'ttly r , who were executed. The state of the laW . 7 tir , ally premium on the practice; its ser;iiirai vented it from being put in force: They triba,,e crime, but they never convicted for it. stated that . duelling was lessening in oft,' During the last twenty years there had be e i' 0 , ,‘ average more duels than during the George lll.—(The Hon. Member here rel!'"4o 4 ';' extract from the Standard, 'of the year: 183 8 ' subject of d ue lli ng , : amid loud cries '°' Jaffe Move.") He then alluded' to what had bee n m oat •- Lord Fortescue, w he n h e was Lord Liell;id)'!!`i: Ireland.' He' issued an order, threatening a , b missal any officer, who should give or - ace O lenge, or be directly or indirectly concerne d ' It was impossible such a system could -00 This document showed th a t Earl Ferten e n y'ert termined to shut out from employmeabAa4 who should send or accept any ehallenge-,'l; that some Act might be devised by w uje n ncl might be given , both to Mrs. Faweett Munro. 1-I,e would, as in a recent instan ce ' Act of Oblivion up to the date'of the late.utof,m, would give Mrs. Fawcett a nsiomas an °AI tia ' c i re not as one of right,' and he would then P 5 4 0! pe . , which wonld. render -the punishment - for du e eirt ° certain, and more expeditious. He W eb ° , Volld that such an. Act might he devised, and, :• - i iiif o t ment which would bring such an 'Act Inionee - t ,' do themselves great honour, as wonld_the• •• ol e o I „„; co passed such an. Act: •• The Han: Gentlegr u odn by moving the following resolution 019 - 4 .;.:40 is immoral in its tendency,• that it .I M"v - to P i ; tempt the IaWS of the country is: contrary ;•. command, and ought to be abolished." , Mr. EWART said it appeared to biLn es i they, wanted-upon this subject vvas pra,° cj i ti poroa tion. He thought no -person'iiCidd ,OYPT I O , dispute the generallnaxims-of the #on• . po sco who had juAt. sat The *praotiee'w s 2,oo'%;l o d; versally condemned. As far as he could's'i l ef e • ors the observations of the Hon. Gentleraao.,i,tioluo inflict a puni s h men t, - p ro b a bly trendPric :00 : - those who were' guilty of duelling, b u to t ight , " *4 4o. retain capital punishment for those who to e';',:tft. capitalsou seonds. Ile (Mr. Ewalt) t v io p plinishment, and least of 'all 9 1 , 1 L 4m, t iott•IV: tamed as a punishment where it apLegr7 , ' ties fought" under excitement. • Tiar-' 6B . 0 0t",0 0 . 1 .guilty, even in the eye of law, who 'wenvo ic Il e 4. with premeditation, and with secoiAs•,,i n ot c u : - . 4 ,t l l propased by the Hon, Gentleman r' 01 4,7 or' - ,•P7' believed to the public opinion upon the .Subje ci i:,n i rdeP 0 0 ; : premeditation which constituted the that the last instance of yvas . ro- . cuted for the slaying of another in a dqf 1 806•' Colonel -- Campbell, . which ' occurred j:n, e ' v i s ee d . thought th a t a pun i s h men t m i g ht be an end to the practice of 'duelling wi t h qe °:;;o%ilitt,t course to uapital punishment.' The. 's , a 0 — fluctuated' betiveen two' extrern of an execution :by the law against- ob. of the parties "escaping with total.-iV e 001 - 4 guilty of a preMeditated attempt to • (Hear, hear.) - He thought that tlieT,hiit ai 71' or, place between 'the two extremes, and prl l lg.r . • ment varying between an,inprisonolo _or otor es, 'that ~ .ad eri and transportation for 'fourteen • the discretion of the judge, would b***lnel press the _ practice. of duelling. ..A 1 short of cay aye thought that some punishment she ."`"/P' uld pro I ,of 0 Trent might be devised. He w° r far., Right Hon. Gentleman, or some otne r Government, should give theni that p .. ac_r_ t a c t tion on the subject, withont which ft yeai7 l _ ft;ste m - possible for theni to take any practical steps tf tion. .• • " .t o :e0 0 o1 1 ; r ecol ti ldfq Mr. CO\VPER said. he. •Pr°P. °s The tvi4 A': 'subject in a practical point of seeitie j ofi te ; Members who spoke on this. subject d o to ! t !Yoell • consider what the Legislature could the practice of duelling by Now he could not help thinking that In` te. to the deficiency of the,law. ; ..The 1 1 ,r 4 , n , ignaVe • of the absurd practice of duelling was_t c o tic h e e , o ti tsial t.'4 * in barbarous times, when persons, fge 15 t ido 59 1 ( w lief that a supernatural agency would the rules of evidence, had r ecourse' to Lt OAirtrea I, i~ mg 1 R"Y