The Sun. — London, England, 1844-07-08 00:00:00

• - MOROCCO. Juvt publ shed, WYLD'S MOROCCO told ALGIERS, with France and Spain. One Sh et, 3s. ; in Cive, 4s. 6d. LAitur, FOLIO ATLAS, 11/. 118. Geographer to the Que.n, Charing-cross East, four .1 • • .. ..algar-square. Now ready at all the Libraries, in 3 vois,,post 8 vo., ECU.L.N..O _EDITION of "CON IN G SBY; OR, TIIZ NEW GENERATION." Aenr . By B. IYISRAELI, Esq., 31. P. plh Puhlisher7l3, Great Marlberongh• street. HBR MAJESTY'S 'THEATRE. . TO-MORROW EVENING, JULY 9, De3demo,a, Will be perf ripesi Rossini's Opera Serie, OTELLO. Si Grist ; Emilia Madame Bellinl; 71miro; Laislache ; lagb, Sig. Fornasari; Rodrigo. Sig. Corelli; Il Dtse, 3 4:. G. Galli ; •and Otello, Sig. Ma to. After which, a " DIVERTISSEMENT," in which will be intro duced a new Pas de Deux by Mdlle. Fanny Elsaler and M. St, Le°, Pas de Deux by Mdlles. Scheirer and Plunkett, and the admired Spanish arise "La Saragossa," by Iddlle. Fanny Elssler. To c nelude with the entirely new Ballet, by M: Perrot, the Pugni, entitled Z ELIA ; ou, La Nymphe de Diane. Zelta, Melte. Ceritn; L'Amour, Mdl e. Plunkett ; Diane, Mad:me Copere.; Arnyntas, M. St. Leon; Pan, NI. Perrot. A pp!teations tn. Boxes, Stalls, and Tickets to be made at the Box Opera Colonnade. HER. MAJESTY'S THEATRE. Signer PUZZ I respectfully informs the Nobility, Subscribers to the o. , eva, his Friends, and the Public, that /II BEN I r will take play* ON THURSDAY NEXT, JULY 11, On which oocasion will be presented (for the First Time this Season), Donizetti'a celebrated Opera, ANNA BOLENA. Henry VIII. Sig. Lablache ; Percy, Sig. .Moriani ; Smeaton, ,:ora Favadt; Anna 80l na, Madame Grisi ; Jane Seymour, sifrtiora'Giu,ellina Resetti (from the Italian Opera at Vienna, her brit sppeArance in London). In the course of the Evening, Signor Nisei wilt perform a Solo on tho Herr , . .after which, a DIVERTISSEMENT, in which Mdlle. Fanny Elittee, Cerito, M. Perrot, and M. St. Leon will appear. To be followed by the Second Act of GUILLAUNIE TELL. Matilde, Madame Persiani ; Arnold., Sig. ;Mario; Walter, Sig. 1.. L.ablache; and Guillaume 'fell, Signor Fornasari. To conclude with a Favourite Ballet, in which all the principal Artistes of her Majesty's Theatre will appear. indications for I 3 aes, Stalls, and Tickets to be ra ilc to Signor Puri, Jennymstreet, St. James's, and the Box-olive, Opera Dore open at Seven. The 0,-era will 'commence at • re,* Sev?ii o'clock. tiIEATRE ROYAL, HAYMARKIT :•1 R. BENJAMIN WEBSTER, LES ER • THIS EVENING, JULY 8, Will be repeated the Prize Comedy of iXID PRO QUO; or, THE DAY OF DUPES. ith a Prologue spoken by Mr. Webster. Parl oe liunocion, Mr. Stuart; Lord Pellamont, Mrs. Nisbett ; „ion. Mr. Strickland; I - i.n y,, Mr. H. Holl ; Captain o• c, r Buckstone; Sir George Mordent, Mr W. Farren ; t. 1 - lunsdas, Mrs. W. Clifford; Lady Mary Rivers, Miss Mss. Otigson, Mrs. Gl over; Pridget rim, Mrs. Ituinby. A 'ter the C , ,medy Mr. John Parry will sing 1 . Fayre Rosamonde." To be followed by a New Comic Drama entitled USED UP. Sir t:hariea C.Aistrearn, Bart., Mr. Charles ' Mathews ; Sir Adonis Leven, Mr. lllbury ; Wursle, Mr. James Bland ; Mary, Mi ss J ulia ILlownett; Lady Clutterbuck, Mrs. Hamby. To conclude with THE TRUMPETER'. DAUGHTER; or, Love and the Polka. Philli pot, Mr. Webster; Madelon, Madame Celeste; who will deuce the celebrated Polka. 44.1 S'alls, ; Boxes, • Pit, as. • Gallery, 'a.; Upper ie rv. "Ik Half-price—Boxes, ; 25.; Gallery, ; Upper Y, sd . Doors opened at Half:past Slx, and the Performances (*.moo ••even. ind Places to be had of Mr. L T. Archer, at the Box. 'rum Ten till Five. PRINCESS'S THEATRE, OXFORD-STE{ k ET. LESSEE, Mr. J. M. MADDOX.. THIS EVENING, JULY P. Will be performed GWYNNETH VAUGHAN. Owen Wil iam, Mr. Fitsjames; Hugh Morgan, Mr. Wright; Gwynneth N'aughass, Mrs. Styling. After which, a New Drama, called BLANCHE DE VALET eoltioei Chatillon, Mr. Granby ; - Franval, Mr. Walton ; :t. Hilare, Mr. W. Lacy; Manche de ValrO, Madame Eugenie Prosper. 'lo conclude with a New and Original Burlesque, entitled THE WONDERFUL LAMP, being an Illustrated Version of Aladdin. A ?Januar, Mr. Paul Bedford; Aladdin, Mr. Wright; Princes; Badroulbadour, Miss E. Stanley. kur .ArEE ROY XL LYCEUM, LATE ENGLISH OPERA_ Under Under the Management of Mrs. KEELEY. THIS EVIG, IV ill be produced a New Dram EN a, N ehtitled JULY MARTIN CHUZZLE. 'WIT. Peincipal characters by Messrs. IL Younge, F. Vining, Ekiery, F. Mathews, A. Wigan Meadows, Kinloch, Turner, Stanton, .1. W. Collier, Yarnold, &alders, and Keeley ; Miss For. tescue, Miss Woolgar, Mrs. A. Wigan, Mrs. Woollidge, Miss Grove, Mrs. Usher, Miss Turner, and Mrs. Keeley. To be followed by an Apropos Bagatelle, called POLKA MANIA* Chaeacters by Mc F. Matthews, Mr. Wigan, Mr. Keeley, Miss Woolgar, and Mrs. Keeley. WETo conclude with a G rand Burlesque Fairy Extravaganza, called N S ESAME; or, a Night w ith th e F orty T i de es. Mestere; • KeeleY; Morguina Mrs. Keeley. ASTLEY'S ROYAL AMPHITHEATRE OF ARTS. Proprietor and... Manager, Mr. BATTY. seat &votes of the Chinese Feast of ' Lanterns, and New Military Ind Naval Spectacle. THIS EVENING, JULY 8 Will be repented an entire new Military and Naval p:questrian Spie.ctacle, entitled THE CHINESE WAR; or. The Cotilluests of Anney by RrAish Arms. New Scenery, Dresses, Appointments, Re., to realise the resent triumphs of England's Army and Navy. Fealt of 250 Lanterns. After which a graceflil and novel pageant, entitled THEMY 4 L COTILLION ' OF BitANCIS THE FIRST; or, Ihe Beauties O of the Louvre. Marguerite de Valois, Mrs. Batty. New and unequalled Scenes of the Circle—Extraordinary Feats t Horsosearuhip by Monsieur Louis Tournaire, S g, fiegeani, Herr Tlesbaek, bz Peit Isabelle, Mr. Newsome, &c. 5. with Mr. R. Smith's highly trained Steed s . 1e conclude with THE GREAT STEEPLECHASE; or, Eng la 1141'8 Harvest Home, The doors will open nightly at si x o'clocA, sad the ortormances oommence at seven. Box..ottice opened daily train ten till four. The privit doure boxes have been recmstructed and decorated wi. h care an d splen. Acting and atage.mlnager, Mr. W. D. DA7IDGE'S ROYAL SURREY THEATRE. THIS EVENING, JULY 8, Will be performed an entirely new Aquatic Spectacle, introducing 'Three Soenes of 11,eal Water, entitled THE MOUNTAIN CATA. RACT ; or, The *chanter's Spell. After which, a Lilliputian Ballet, entitled " Napoleon's Gene rosity"' In which the Brockatedt Family—three German Lilliputian!, only 18, 32, and S 8 inches in height—will perform. To conclude with a New Drama. called THE CARPENTER OF IiCUBIS, in whicb Messrs. }Judson Kirby, Hicks, Neville, Vale, ilestop, Jettison, We, Daly, Miss ferrey, an d M rs . R . H enner will perform. P - ilvate Boxes to be had of Mr. Kersatiner, at the Box dfice. r- ea to Four. ITY-Y—A.L SURREY ZOOLOGICAL GARDENS. Daylight View of LONDON in the OLDEN TIME! Painted by Danson and Telbin. 'Otis Skloi.g..ticm caused by this unrivalled production is beyond all pri, , Ment ; the artist, the amateur, the casual observer u..e) at:l struck with its extraordinary beauty and fidelity of delinea tion, oid sre unanimous in pronouncing it the most wonderful ex. tiibition ever witnessed. To view it only as a vehicle for the terrific display at Dusk is unjust ; it should be seen in the calm stillness of Islet Evening, with its Towers and Steeples reflected in the spa it Lake, to be hilly appreciated. Fv,,l4iing PROMENADE CONCERTS, on Men 'aye, Tues. W..2,m,sdays, and Thursdays, conducted by. Mr. Godfrey. " ,- .;0o of more than usual excellence: but words fail in %1., to the awful representation of THE GREAT FIRE OF LONDON. .• it trfUl ch.;racteristics are truthfUlly pourtrayed, but, g the same c , :o ser 4eautifully blended with the Wonders of tile' Pyrotechnic' At.t, that delight is predominant over terror; and the.thousands whip nightly crowd the Gardens hail it with acclamations, and admit that deuthby, the Unrivalled Pyiotechnist, has achieved a matchless talunaph. The Gardens and Zoological Collection are in the'rnost perfect state, and combining so many and interesting features, are by far the most attractive lounge in or near the metropolis. "'ling of the Animals at Five—Concert at Six--Coriflagration at ohmic. Admittoce, One Shilling. EGYPTIAN lIALL, PICCADILLI. IMPORTANT NOTICE. . • • • t•ms SHILLING Admission to TILE NAT OLEQN MU IEIJM, the moat magnificent and extensive Colbcticn of /lista , . sisal Ctuaositlee and Works of Art ever known to htvr been fbrmed by One Perron, during Twenty-five years of elaborate reatarck at a coat of "9,000 guineas, and to completely illustrate, iii the moat in otraettve and Interesting man r, the most importat . t part Of Euro- Mhistory, viz.—CHAßLgg iv 1., OLIVER CRCMWELL, and IS XIV., to the deaths of GEORGE lIL, anti the Ebil'EROR XAPOLkON, in 1821. This unique Museum has been visited often, cbarigg the last and present year, by the Royal .FtimPy, the Duke of Weirrogon. the Foreign Princes, Ambassadors, an.t their Ladles, re.-sautis of the Nobility and Public; ant the Pro , - lily been able to increase, by Several very fine t• . Drevlous almost incredible. number an 'variety of , Art, and a multitude of valuable Retie , „and other ita,ziotit:,, a, this most instructive and, as huntifewli hays'said It meat t Os, a Nt...tional Museum. Many thousand "have tielliected it, and TIIIRTY PRINCIPAL EDITORS of the Pilithlc PRESS Wave ;toted that it ought to be seen by every ore. The price'ot admis• tisn to reduced. to ONE SHILL NG. - • The NAPOLEON 'MUSEUM is to be seen onlyat the .• Kgyptian ball. '.771.1e....irtv. daily from Ten till Dusk. • THE WEA'rIIER.—SaN OFFICE, JULY TEIERMOXVIT:II, Lowest, 53; Highest, .69; INo6n, 66. BAROMETER, • Ntrre..—Ths number 32 on the Thermometer , denotes the and 55 temperate. In Barometets fair is utt: clowei.l opposite-30, and rain at 29. ttrchi Irtrix AT LONDON-BRIDdE TiA T. ... :49 rainutea after 7 Everting WI 'minutes after 7 lit, 4 , .. ~,, . . ._, . --= • 4 ' y") ;, ---4! - 7 t o N 4, ~.,, ...."‘..ott e %Vl t *.- • s '' \ V .(44 / °l-' ', i- ;Oki :' : ^-,• : -'4'.'otik •.,. 3 4 .- );" 4 , ph los , -, I .., silliblic ii • -% 1, ''''* ' , 'CZ' '.; ,- , ,1; 4 '•• I,illriP' 41 - .:.? i -4 ' -- egr..,;;''. 'n-, j ' , .27,, '• i''r m 0 s v ,„ 7 , tu.,,b• Rol gil"+ , . '.`". 3- e,ECOND EDITION. (V " gran4 Int ) LONDON, MONDAY, JULY 8, 1844. We are utterly at a loss to understand why these long'speeches are made in the House of Lords on the "Irish ::;`ate Trials. It was known to Sir THOMAS ard Mr. Kama?, and the other cotm-el for and his friends, that the Judge's nrr i- , ye'on a certain day, we believeVeclnesday, t. A. ':e assiz at their respective cinuitS, and ;! , ,use of Lords, represented by tlyi.Law t, . •,,:nting to half-a-dozen, or thereabouts, L l,ronounce judgment but in presence of t Lb. vet three days have already been spent in arguments, which might have been emu, pr.-is-J.4 )11:,11 the compass. Every argument of itn :111 the facts, all the points of law,' all the rest:- ren' to authorities, might have been adduced at theiclo.e. of the sitting on Friday; the ATTORNEY- GoNERAL could have replied on Saturday, the Judges could have given their opinion on Monday, and the Law Peers might have delivered their final judgment Om Tuesday= Mr. O'CONNELL would thus have known his fate ; but, as it is, possibly he may not know it till the month of March, 1845, when 411 his colleagues shall have been set at libigt.y, and he shall have only •a month, or twa months at most, to complete the ,period of expiation for the great crime of making an attempt to free hicountry from slavery. We make no allu sron totn'repcal question. .1 - Ve have ever been hos tile to it, because it is impossible without a civil war, ana that a n a l o ng Mr. O'CONNELL has repudiiiiid in 5t0i;:: , ...-st language that he could'u.se, and, hl uni foria hither to has proved that his deeds are in pede , t er.:.-rilance with his words. There never was • such a riNpoiterotts mode of conducting a great ques- Eat', nfw• sr(!ti an anomaly in the administration of juoiee, us tiik!se State Trials have exhibited from the beginning to the present time, for the end is not yet come. In the first place, why puniSh, if the law allows an appeal which may end in a ,complete ac quittal? Why send Mr. O'CONNELL and his friends to gaol while the Court of Appeal may pronounce An extraordindry case was heard on Saturday at the Bow-street police-office, on which it may be worth while to make a few comments. The facts of the case are these :—On the day just mentioned, a young man, afterwards ascertained to be the brother. cf Lord 'AUDLEY, entered the shop of Mr. SMlTll,gim maker, of High Holborn, who keeps a shooting-gal lery there, and inquired whether he could have a shot or two with pistols. • The reply being in the affirma tive, the prisoner took the loaded pistols which were handed to him, and fired them at the target, observing, ra he did so, that the trigger of the second pulled rather hard. Upon this Mr. SMITn handed him a third pis tol, and while he was preparing to load another;the young man turned the muzzle of the one which he held in his, hand towards that gentleman, and fired, wounding him severely, if nut fatally, in the back. Having perpetrated the deed, be evinced not the slightest anxiety to make his escape, " but stood still end smiled"-- 7 says the report ; and when taken to Bow-street, and asked by the magistrate wit/ he bad committed such an atrecity, he replied with infinite sang froid, " I have-no explanation to, give, except that I lfad no ill-feeling towards the man, but I 'did it on.purpose, as I wish to be hanged." Throught the examination he • conducted himself, it appears, in the most cool and quiet manner possible, anaer ing every question put to him just as if j lit were perfectly - contented, with the. predicamlen in which he was placed. Prom an accolin in the Post of : this morning, it seems that th prisoner had for some weeks resided with his brothel Lord AUDLEY, in Weymouth-street; but that nothni had occurred to lead his I,,ordship to believe that mind was affected. until within the last few defrs when his- manner, which was invariably reserv;dl became more so, to such an extent ind ee d, th a t it as exceedingly difficult to . obtain an answer, to any question put to him. "On Saturday morning," ads our Contemporary's report, " the prisoner received a letter, which added to the gloom under which he previously ,appeared to labour, and for a considerable period he became quite. abstracted. At elewen o'clock be left home to take a walk, having then rallied• a little," and was, permitted to pursue his walk alone ; and it was during this stroll that he perpetrated the act for which be is ,r+w committed to Clerkenwell gaol. "It is said," ob serve's the Post, " that letters written by the yoting man evince decided proofs of aberration of mind, 6ut the members of his family had hoped it was hue a temporary affliction, which had long since passed away." Under these circumstances, we cannot bu/ ,hink that the prisoner's family, and more especially Lord AUDI...Hi, have acted with exceeding indiscretion —to use the most lenient term—in keeping so negli gent a watch on his proceedings, and allowing hitn snch unrestrained liberty of action, when it must have ben evident to them that he was by no means in a j fit state to be trusted out alone. Entertaining as they appear to have done, strong doubts of his sanity, it was their duty to have taken the requisite precautionary steps without an instant's loss of tithe, and not have left him entirely at large, in the hope that some amendment might shortly take place in the state of his mind. They owed this duty not less, to themselves and to the prisoner, than to the public ; and their neglect of this .evident duty hes led to }an act which may possibly result in the death of an inr• cent individual, in no way whatsoever connected-with any of the parties. The catastrophe that has befallen Mr. §atiru might have befallen any other gentleman ; it •might have occurred at the West-end or the Eaist end; the victim might, or might not, have been a man Of rank and celebrity ; .for who shall say when, or where, or against whom a lunatic's blow may 'be struck, when he is permitted to walk the streets vvithoat the slightest 'watch being kept on his more meets Whenever any individual exhibits symptOms of mental .hallucination such as Mr. TUCUET seem s to have exhibited .for some time previously to his deadly attack On Mr. SMITEf,.it becomes the obviCus bounden duty of the members of his family, or this g?ardians, instantly to keep a waif eye• on his every motion, and, above all, to take care that be is not allowed, to roam the streets, except under their oNn person al-charge,. or the charge of Some 'one whom they may commission to look after him. A sense of public duty, to say nothing of other considerations, demands that this should be .the case. From the neglect of such -timely precautions, her Maansrr's life 'vas twice attempted in • publiC,, and Mr. DRUMMOND fell a sacrifice-, to a maniaes blow aimed at Sir ROBERT PEEL. By the bye, the LORD CHANCELLOR mentioned some time ago that he intended to bring in, a:Bill on the subject of MonOmania or Insanity. What has become of this Bill? We hope it is not to be postponed,: like many other Ministerial Bills, ad Grcicas Calendag, for incidents' are of frequent oc currence whidb show how much it is wanted. The !Vacancy created. in the ,Parliamentary repre sentation:of Birmingham by the deith of the.late Mr. ScnoLsrismi, haS already called three competitors for, this important seat into. the field. Ve.have so recently offered our tribute` of respect' for the unsul lied private character of the deceaaed - Member, and of hibh regard „for the eceisisten4; integrity of his Puhlic life .and political- opinion,; hat are not called upon .on this occasion -to preface' the few re- Jnaflcs . we . have to offer on .the, choice of can didates,: by any eulogy, however : well deserved, on the merits of the gentleman whose honourable po sitien, in the House 'Of Commons it- I'S their common desire to ,occupy. .By ,the . Birininghwis- - Journal 'of _Eiaturdny last., we perceive that Air. JOSEPH STURGE PreSiaent . of the Complete. Suffrage Association, Mr. R. Sroexes a connection of, the eminent banking hou,so,of AT:rwoon.and c 0.,, anti, Mr. W. ScnoLt . -. FIELD, son of the late Member, are each, ofthem pre salted to, the: constituency', of BirMinghaM by his respectiye friends, - as peetiliaoY, if not exclusively; qualified to. solicit the : honour of their support. ; It is-well: observed by the Afornink Chronicle that " the. Liberals can 4efent the Conservatives in no election contest unless. united: To tun the pre tensions, then, of . one 'Liberal candidate' against those of another, would be a manifest element and indication, of disunion in the. ranks of that party with which the town, of Birmingham has - so signally and so successfully identified itself. We should be inclined to hold that even the vindication of some great abstract principle in the political creed of that party would. be dearly purchased just now, by a"practical' demonstration of diiided counsels and conflicting pre tensions among its members. This demenstration would be assuredly exhibited by such en internecine election-' eering contest as Birmingham nitrat become the theatre of, ifithere is to be War, - not' only on 'the pert of the Liberals against the attempts,of Tory candidate, bid also by one of their own Men against the pther; Whether in such an unseemly contest, the .event Of' which can.retUrn but one competitor, Mr. JOSEPH SWAGE ShOUld triumph over Mr. WiLtiAsi Senottetzu), or Mr.' WILLIAM SCHOLEFIELD over Mr. JOSEPH STuaGE ; the result would be a Pyrrhus like -victory, the repetitien:'of . .i*hich: Would 'be tantamount to a fatal defeat of J tbe great cause, which both antagonists are solemnly them innocent, and at the - same time declare that they have been illegally imprisoned ? But, abots' all, why do his counsel waste time iti long speeches while the very object which they pro fess to have in view may be - defeated by the multitude of words ? The counsel for the traversers, .takinig pits . ' day into the account, h ave now h a d f our days ;''thJy were warned that the time was limited. If the ATTORNAT:.CLEXBRAL__ChOOSeS— tit-OW-4y two. days more , thFy cannot complain i ~and thus the great object- ter - which they rebeive fees— large fees, too —will be defeated, and the whole scene will exhibit only a,flourish of words.. Does Sir T. W ILDE or Mi. Rum . T 'not know that the Law Peers and the Judges have watched with intense interest •the whole procedings in the Queen's Bench in Dublin, that they 'were masters of the ease before it came before them, and that if the counsel were to speak for ten years, they could not make a stronger impression than they could in ten hours ? Many parts of these harangues, and one entire speech, in particular, were not listenedi to at all—they were regarded as mere verbs irrita ; and thus the most'valuable time—the time, if pro pcqly employed, which might have saved Mr. O'Comisr.L—has been wasted in pure legal display. The whole affair is involved in mystery, and should . it end by an adjournment, it will appear to : English. men, and to foreigners too, as the most perfect bur lesque of justice, end afford to Mr. O'CONNELL a better argument than any he has yet found for a total reform in the institutions of his country. THE SUN, LONDON, MONDAY EVENING, JULY 8, 1844. pledged to uphold. But since the proliatiilitit4 are miteh greater, that for that tatise tO enter tied tom= petitois of its own party in a race against one com petitor representing its opponent, would be to.make the latter the favourite and the winner, the policy of the Liberals withdrawing one of their nominees seems to us-clear and - indisputable." This brings us home to the prelitnitiarY . question of pretensions. _lt is an in ` ;ndispensable-duty,--to look these fully_ and fairly in the face. , , Mr. WILLIAM SCHOLEFIELD (whose address to the 'electors of Birmingham we have perused with great pleas,ure,, ,from, the manly and succinct sim plicity of its expositions) has been called s on by a large and influential body of his townsmen to become a candidate for the responsible trust so ably and honourably discharged by his respected father. t He is stated to possess great capacity, extensive commer cial experience, and to have highly improved his oppor tunities of acquiring an accurate knowledge of those enlightened principles, on which the system of our general trade should be established; and of all matters immediately connected with the local and municipal interests' of his native town. He has responded to the 'call made upon him in a manner fully to justify the favourable views predicated of his qualifications fora post to which he brings the hereditary prestige of his late father's tried services and known convic tions. We cannot imagine a better title to the confi dence of the constituency, or more reasonable grounds for their extending it to him, than have been submitted on the part of Mr. WILLIAM ScromerrELD. Mr. jOSEPH SWAGE has been the consistent advocate, undoubtedly, of very important principles, in relation to a re-organization of the scheme on which the electiye suffrage is at present limited to certain classes of the community, the vast majority of which possess it in right of their contributing indi vidually, in some proportion, to the expenies of the State, as inferred from their paying, at least, a given amount of annual rent, or a rental to any excess above that amount. This may be called an organic electoral or franchise question, on which serious differences of opinion prevail, both within the town of Birmingham and in most other parts of the empire. Mr. STURGE'S claims, if not rested upon, would be mainly referred to, his advocacy of the "complete suffrage" plan : and this being a vexata gucestio, even among the town cbn .stituency themselves—and still more between the constituency and those townsmen who are not on the register at all, it is evident there would . be • a most serious division of opinion in the Liberal camp as to which of the two banners the voters would range themselves under, The com mon standard of Liberal opinions, the advance of which alone it is at this time • all-essential to sec Are, would be either deserted or left in jeopardy by the in terest attaching to the conflicting colours of two 'corn petitors, at a time when union only can enable the le Liberal cause to make successful head against it the Conservative forces. Mr. STURGE we are persuaded, it is too disinterested and consistent an advocate of the e liberal views lie has always espoused to consent to put to hazard, in this struggle, in detail as ii ; Vvere, 3 the, general fortunes of a campaign to the ultimate 5 success of which the aspect of affairs is becoming, though slowly, yet visibly, more favourable. On the Conservative side Mr. RICHARD SPOONER 5 is a formidable opponent. It is of no use for the Li berals of Birmingham to shut . their eyes to this fact. His private character and commercial reputationst4nd justly high among people of all parties ; , and forour oiwn 'parts, did we not feel , the paramount necessity of securing a clear triumph to the Liberal party on this momentous occasion—a triumph to which no means are so calculated to contribute a s an united rally Of their forces round Mr. WILLIAM SCHOLRFIELD we might have desired to see Mr. SPOONIR returned, from our respect for his clear and masterly ie. teotion of the fallacies, the wickedness, and OD fatal tendencies of Sir ROBERT l'Eues currency sures, and monetary blunders, as supplied in thi evidence this gentleman has publicly given on those subjects. But our conviction is, that it is requi4ite for the character and influence of Birmingham, sine .the successful march of that great cause of improved liberal, and enlightened institutions with which She is so nobly identified to all posterity, that she should, of the present candidates (Or her reputation, rettrr with honour the son of her deceased, upright, faithful servant. Intelligence from Lisbon, to the 2d inst., has 1 received. It is of the same gloomy character. ' estimates for the year had been published, showing 'deficit of 232 cantos; and, from a financial exposit 01 which accompanies them, it appears the Crovernmen are, compelled to resort to a loin of 4,000 contel provide for pressing payments. This loan is to b redeemed within twenty-three years, and the interes is to be 5 per cent. A. general disposition preraile< against the payment of taxes, : as they could not bi legally collected 'without a decree of the Cortes. The Madrid journals, especially those under the n .fluence of Government, still, abound with rumour o conspiracies, which are said , to be in active• p, e paration at Sarragossa, Barcelona, and the capital It is, suipected,, however, that reports are raised a political purposes, with , a view of terrifyi ng ID . _ timid, and strengthening the supporters of the o vernment in case'of a general election, or some fr sl inroad upon the Constitution. It was generally believed at Barcelona that h Ministers had resolved to dissolve the Cortes forth with: The Madrid Gazette of the '3oth- ult. con tains a royal decree, dated. Barcelona, JUIVZS 26,, an flouncing that the, claims Raising, from contracts ifol advancing money to the Government shall be con. verted into tithes of the con'solidated public debts if Three per Cents., at the rate of 35 per cent., or at 1,000 rest's of nominal value for every 350 real* ttat the Treasury shall have received on the said clam The • interest granted upon. some 'of the said c 1 r shall be re c koned to the present month of Jijr and that interest shall be added' to their respecti !capitals. . , . With ..:the exception .of the • speech made . by Gpizor, -in, the Chamber of Pq4ties on FrkliY; 'ci -lative to the disputes between France and Morocco, the intelligence in the Paris papers possessei ^ver. little interest. . Previous to. the arrival of the:lViniite. .for Foreign Affairs, ,M. Jl4lAualazi Put.some qUestibn -to Marshal - Soma, relative to the late- occurrencearox 'the ,MerOeco . frontier, the line of pOlicy 'Which 11u. Government. intended to pnrsue, and at the Same time' warned them against trusting to the mediation of England,. which supported the pietenaions both of Anp-EL-KADER and the Emperor . of Morocco. 41. SouLi tepliedin very: general terms,-announcing that France` net 'require the mediation of Englem(l. Ori M: GuizoT:taking his beat, the Marquis DE 4a.A.- 110CIIRJACQUELIN referred to the , statements of Sir Ronsar FEEL - .and Lord Jour( RUSSELL relative to , . Morneen,!and - tisked -for some explanations on a shb . jc,et So intimately connected with' the honour andiin terests of France.. The.,answers! of M. GuizorvOere Very•satisfaCtOmiy , ;.: and they explain the intentions the 'French Goveimment, both towards the Ern . pez Tor. of Moithcco and Ano-SL 7 KADER; we subjoin here the Main points of his speech , : 7 - ' There • was nOthing in the conduct 'or . intentions 'of the 'Goterninetie that he was .not quite'-ready to explain. :No national .cause of. War existed between . France and Moro,cco. A - litranger--f , Abthel-dC.ader—had come and thrown- himself between - the two bountries, and, when driven from the &ter ritory. of Algeria,, had/ established • himself on the frontiefs of. Morocco, ,where he recruited his adherents from the popula tion .of thatcountry, persuading" them by his influence to take part with him.. As soon as this, fact was apparent, Francehad demanded the expulsion "6f Alid-el-Kider ;, but the Emperor had been resisted in his endeavours by national and religious fanaticism, and lie found himself unable to give France satisfaction. A new circumstance, presented itself— Abd- el-Kader raised a' question of territory, and it was as serted that the French territory ought to extend only : to the Tafna. This was ,evidently an error; for, from time in:me ' morial, the territory between the Tafna and the frontier of Morocco had formed part of Algeria. This was so true, that all the maps placed there the ,position of the camps . of the Tarks, when they came to levy their tribute. In consequence, the Government had maintained theright ofFrance. A.nother ' face then took place—under the influence of Abci-el-Rader, an invasion'.of his partisans and of the Morocco people took place into the French-territory. This temerity was energetically repressed by the French Generals, and thisrepression afforded them' an opportunity to give 'evident proofs of prudence, and moderation. The lesson was as severe ad merited, but Ge neral Lainoricale and General Bedpan not wishing, without the intervention oldie Goverunuent, to engage. France in a war with Morocco,- stopped on the limits of that country. The invasion having been repeated, Marshal Bugeaud had thought it adviseahle to enter the Morocco territory, and had diSpersed Abd-el-Kader's partisans, : and seized on Ouchda. 'ln this conjuncture, he gave the same-proof of wisdom as the other generals 'had exhibited antecedently, and had with drawn after two days' occupation. • The King's Government 'had no design on Morocco—it had not any intention of en larging_ their territory in '.Africa, being well convinced that the territory of Algeria was sufficient. The ChaMber Might remember that ho was one of those who regarded the con quest and occupation of Algeria as an immense circumstance Air the rutuFe welfh 4France; bitt still he thought it would be madness to nourish ideas • of conquest and territorial tig4raiiditenient, Wheii they still find Algeria to organise and occupy them. All that Irance wanted troth th Eiritieter Of Morocco was to keep peace with her; but, for that, it was indispensable that Abd-el-Kader should not remain on the frontier, always ready to light up war. What the Govern ' ment had a right to demand, and w as now d eman di ng, f rom the Emperor, vas the disbanding of the corps formed on the frontier of .Morocco; this recal and punishment of the officers who acted contrary to •hisorders. What they asked, besides, was that Abd-el •Kader, if Morocco was still willing to give him an asYrum, should be sent to the coasts of the Atlantic—that he should,in fact,be treated by the Government of Morocco as the French Government always acted towards foreign refugees. Such wa& the policy of the Government relative to Morocco, and such were theobjects which measures had been taken to ob tain satisfaction for. Morocco would be given clearly to un derstand that the present state of her relations with France cannot continue. All the necessary measures had been taken by sea and by land to arrive at that result ; reinforcements had been or should be sent to Marshal Bugead ; naval forces had been placed under the command of one of the Princes ; and he did not hesitate to declare, to the honour of that Prince, that the Cabinet had recommended that choice to his Majesty, having full confidence that in this circumstance the Prince would display, . as much prudence as valour. Without this double conviction the Cabinet would not have given that recommendation to the King. They well knew the respon sibility of confiding to a Prince a command in the army or navy, they knew that they had t o assume t h e respons ibilit y of the persons so employed. But in this circumstance they felt that their political instructions would be as exactly ob served as those relative to the fleet, and on that account they had confided to the Noble Prince the mission in question. The instructions given were in conformity with what he had just stated to the Chamber. There was nothing secret in them—nothing that could not be avowed to their allies and to the Chamber. Without any doubt, England had a right to watch that none of her interests were compromised in this affair. The French Government had informed her of their general intentions, telling the whole truth, and proving that they had no other object than to obtain justice. Such were the precise facts, as they related to the political intentions of the Government, to the instructions given to the Prince de Joinville, and to their intercourse with England respecting the affairs of Morocco." These sentiments were loudly cheered, and the Chamber immediately proceeded to the order of the day—the budget of the war department—which was adopted without a division. The sum of 20,000,000 francs was voted for the fortifications of Paris. In the Chamber of Peers the absurd clause introduced into the Orleans and Bordeaux Railway Bill, for bidding Members of Parliament to be administrators or contractors y was unanimously rejected. The Journal des Debats gives the following story, communicated by a correspondent at Akaroa, New Zealand, dated January 28 : " Probably before my letter arrives in France you will have learnt that the Mahouris, a tribe of Zealanders, have killed thirty English of this colony; but you perhaps will not know that the bodies of these unfortunate men were eaten. This is but too true. We had been out on a hunt ing party for a. week, when one evening we arrived among the friendly tribe of the Terauparaa, or Mahouris, and found them regaling th emse l ves w ith h uman flesh. We all conceived • that they were eating some captives or slaves of their own nation. As 'I understand the language, I could not resist expressing my indignation, and threatening them with chastisement from the crew of the corvette. The savages were alarmed, and endeavoured to appease me, by saying, ' They are hot men of Mahouri that we are eating, but some -• Yea, yes,' for it is thus they call the English. They then showed us the heads of their victims, and among them I re cognisid that of Captain Wakefield, one of the distinguished inhabitants - of Port Nicholas, who had entertained us at his own house, when we went to the town to procure provisions. I was seized with horror at this sight. My companions blamed me for having risked irritating the cannibals, as we were only five against two hundred. But they gave us con - fidence by saying, Oh, the Oui, oui (for so the : 3 , distinguish us) are good people, but the Yes, yes are very wicked.' They then related that they had killed the English because they wished to' establish themselves in a bay which they had not purchased, and which the Mahouris are unwilling to give up. We then retired with our hearts full of horror and disgust.' THE BOURSE—SATURDAY, JULY 6. First Highest Lowest Last Price. Price. Price. P r i ce. _ French Five perCsnts...... 122 20 .• 122 20 .. 122 15 .. 122 15 Tour-and-a-Half...• 113 25 •• 113 25 .• 113 25 .. 113 25 Pour per Cents. ..... 108 .. 108 • • 106 • • 108 Three per Cents••••• 8"1 85 . • 81 90 81 65 .• 81 90 Bank et France. ... .......3015 ..30 1 7.50 •• 3015 .4017 50 Lanitte Bank, I,ooof. Sharesll2o .. 1120 . • 1120 ..1120 b,ooof. SharessoBo' ..5080 ..5080 ..5080 Belgian Fi vee,1 1 8 0 3 4 1 0 : .... ...... 1 1 0 0 1 .. 1031 .. lon .. 103 Belgian. Bank-- ...... 575 .. 680 •• 675 .. 680 .. 1051 .. 1051 .. 1051 ' 1842 ........ logi .. 1081 •• 1081 .. 1081 Spanish Threes, ex div. 33} .. an •. 331 .. 331 Neapolitin•••••••••••• . .. 91 90 .. 99 05 .. 91 90 .. 99 Boman ... ;.• . • ... ••• .. 104} .. 1041 •• 1041 . . 1041 RAILWAY SHARES. Versailles; R•B•• •• • • • • •• • • 380 .• 382 50 • • 360 .. 382 50 L.B• • •• •• •• • • •• 247 SO • • 2bo •• 247 50 .. 247 50 Rotten ............ a. :.....1000 —lOOO ..1000 ..1000 Rouen to Haire..........., 767 50 .. 767 80 .. 767 50 .. 767 50 Orleans ••••-•• .• •. • ....... 997 50 .. 997 .. 995 .. 995 e Strasburg to - 8aie........... 240 240 .. 240 .. 240 Avignon to Marseilles— —•• 766 25 .. 766 25 •• 766 25 • 766 25 24 8 8 2 7 505 '.. 6- RAILWAY 'SHARPS FOR THE A CC OUNT , 15TH JULY. e Versailles, 11 L ..13 13: :...................... 2 38 50 2 50 .... 3 2 8 50 2 10 .. .. 3.... 2 8 5 8 0 2 50 Rouen• . . 1000 —lOOO .. 997 50 .. 997 50 Rouen to Havre......:.."... 767 50 768 75 .. 763 75 .. 763 75 Orleans Strasburg to Bale-- •• .. 940 •• 240 .. 238 75 .. 238 75 Avignon to'llarsellies— •• •• 768 76 768 75 .. 768 75 • • 768 75 1 THIS DAY'S NEWS. A Cabinet Council was held this afternoon at the Foreign-office, Downing-street, the summonses for which were issued on Saturday. All the Ministers were expected to be present. THIS LATE ATTEMPTED MURDER.—The unfor le tunate Mr. Smith, who was on Saturday so severely a wounded by a pistol ball fired by the lion. William n Tuchet, has gone on, up to one o'clock this t day, rather favourably, certainly without the :o manifestation of any unfavourable symptoms yet. e The bill has not been at; present extracted, in con it sequence of its being lodged too near the spine ; he cannot be pronounced out of danger. THE STATE TRIALS. (FOURTH DAY.) WRIT OP Eluton, HOUSE OF LORDS.-(THIS DAV.) THE QUEEN AGAINST O'CONNELL AND OTHERS. Their Lordships met this morning at ten o'clock, when Mr.. KELLY resumed lia_arguments for the plaintiffs. The Learned Counsel said—ln resuming his argument he had now to Submit to their Lordships upon thii writ of error, that upon an indictment for several diffe rent and distinct misdemeanours, if one count in the indictment were bad the judgment must be reversed, and that the Opposite proposition which must be con tended for by the Crown, that on a writ of error for several misdemeanours, with one judgment and one • sentence, if one count were good the judgment must be affirmed, was unsound in law, unreasonable, and unjust ; because it must in such cases, at least in many cases of such a character, be a presumption contrary to the :kifoiiiiiiiith, - O - p - Posedlei all legal principles, and wholly unsupported by authority. It was a doctrine of which some loose and vague notions might have entered into and prevailed in the minds of even the most learned jedges, by reason of the doctrine being sound and right as applied to motions in arrest of judgment in criminal cases ; but when the rule came to be applied to the case of writs of error, it was found in reason and justice al together inapplicable, and -it would lead, in a variety of cases, which might be imagined, to the most - frightful degree of injustice. It would be • found to amount to this, that if, in a civil case, coining before the Court of Error, where there was one judgment upon several counts of a general cha racter, the court were reasonably satisfied that with respect to one of the bad counts the jury could not add one shilling to the damages, yet, as it was not their pro vince to assess the damages, if one count were bad the whole judgment must be reversed and the venire de tovo entered. In a case precisely the same in principle, where there was one judgment for several different and distinct misdemeanors, where the court must feel satisfied, in point of fact, that one general sentence might have been pronounced in respect of those several misde meanors, they having no power by law to apportion or divide or modify the sentence, nevertheless that which in a civil case they would be bound to do with reference to damages they could not do in a criminal case, though satisfied that the parties before them are suffering punish ment for several offences, of all but one of which they had been illegally convicted. This was a proposition so strikingly unjust and unreasonable in itself, that he felt satisfied that when he should have called their Lord ships' attention to the consequences which in a great many cases must result if this were declared by their tOrdships' House to be law, and when he should have .shown that there was no authority whatsoever to be found in'support of such a proposition, he felt confident that their Lordships would not in that case for the first time establish a doctrine which, though perfectly sound an d reasonable and just when applied to, motions in arrest of judgment in criminal cases, would be unreasonable, unjust, and contrary to every principle of their law, if applied to cases of conviction for several misdemeanours. It was only necessary to look prac.• tically at what actually happened, and what might happen again upon an indictment for several - different --- misderaeanours -all included in the several counts of one indictnient to see the impassibility of applying this principle, which arose in motions in arrest of judgment to cases of writs of error, after con viction, without at once reversing and overturning every principle of law, and what was perhaps of far more importance every principle of natural justice, he would submit one or two cases that might be applied as tests to the soundness of this proposition. First, how ever, let it be considered • what was the actual practice ; whether it was in fact the practice to indict several persons under one indictment for several misde meanours, and . if these persons were convicted not of one, but really of several misdemeanours, committed in succession, whether it must not be the practice in all criminal courts to impose a much severer punishment on those - eonvieted-efeeveral-offences, than if they had been convicted only of one? And this was especially necetsary in cases of political conspiracy. If the case were of some one misdemeanour which was undoubtedly felo nious—although, if strictly examined, the legal principle of the proposition could not be maintained even in a case of fabg—still, they found that it was the practice. to indict "the same persons in a prosecution for several mis demeanours, and if a person were convicted of one mis demeanour only punishment would be light and venial. If two or mere successive and different misdemeanours were Proved, then the punishment would be proportion ately aggravated. Where persons were guilty of three misdemeanours of different characters and degrees, and there was one offence of a very insignificant character, but.the sentence -in respect of the whole-of the offences was - very heavy and severe, yet if ,the court of error found the party Illegally convicted of the graver of fences, but lawfully convicted of the lighter one, it would commit a perversion and misapplication of a sound legal principle; if it did not reverse that judgment. Would their Lordships affirm that under the law of this country a heavy punishment and a. heavy sentence might be imposed upon persons illegally convicted of those offences in which a heavy punishment was awarded ? In troubling their Lordships with some illustrations of 'this principle, he would refer to two or three cases by 'no means imaginary, or beyond, the . bounds of possibility; by which they would not' only see enough' to prove that the doctrine would be produc tive of most grievous injustice, but would give rise to a system of absurdity and falsehood in the very judges, the high ministers of justice themselves, if they hap pened to' sit as judges in a court of error in a prosecution of this kind. Take the simple case of a nnmber of per sons indicted fOr two conspiracies. Two men, needy and hungry, may agree to go into the next baker's shop and steal a loaf to satisfy the.cravings of their appetites. That is a - conspiracy to comniit a felony, and they might be indicted for it. But the, same persons next day may have conspired to break open a house by night, and rob and murder the inhabitants. They would be indicted under one indictment, on,two counts for these two several conspiracies. They may be convicted, and a motion May be made in the court. Where they were tried in arrest of judgment. It might be argued that both the counts were bad, and.the court might be of opinion that they were both good, and proceed to passisentence upon them. Were they to suppose ; that any court,in .this country would p ass exactly the same sentence on the . two poor and hun gr y Men ivho:took a loaf from th e biker's shop, as they would on those convicted of a conspiracy to break open a house and rob and murder? It would be. 'an insult to any in dividual of ordinary judg m e n t , to entertain such a Iwo 'position: :Imone case there would be the mosflement sentence which the lawpermitted, while the very heaviest that could - be Passed would be inflicted on the other. If judgment'were passed for the severest sentence,. and a writ of error - was brought-,before this House, and this Rouse _should . hold that the, count charging the conspi ritcy,to rob and murder was bad in' law, and could not he maintainedi, but that the count for the conspiracy to take the loaf wasa good one, upon the .dOctrine contended ter "by - the ,Crown -this high Court of Error must.affirm that.judginent, by sending the parties back to the prison from whence they came, and must inflict.upon them the severest sentence which- the law allowed, though every member of the court shOtild feel that the p ar ti es were illegally convicted of the only crime in respect to which such a sentence could be passed, ,while the days' or weeks' imprisOntnent they might have suffered under their sentence might be an ample punishment for the offence of which they had been legally convicted ; yet •they were to be told by the law officers of the Crown, that in such as that the subject was without remedy. Lord CAMPBELL said, looking to what was merely possible, there might be two counts in the indictment, and the Court below might think the bad count a good one, and the good count a bad one, and might give sentence on the bad count;„if it then came to a court of error would thatjudgment be Supported ? Mr. KELLY said he was about to put that case, and Under circumstances which would startle every one if it pouldbeapplied for a moment. He was not suggestingim possible or even improbable cases ; 'let them look back but for - a few years to the history- of their own times, and see'if cases had not actually, occurred which parties had been indicted for a great 'many misdemeanours of such- varied character that a conviction on one might be followed by a fine of a shilling, sand a conviction on all by the heaviest sentence the Court could pronounce. They were here on a case of political conspiracy charged against a number of persons having one ultimate object, which was in itself perfectly lawful, it being to effect a change in a particular Act of Parliament. The qnestion was the character of the means they agreed on to effect that object. He would not illustrate the case by anything that ,had •oc curred in this very cause, because he would rather re frain from going out • of the record. B u t I l e t their Lordships l o ok b a ck to what had occurred twci or ' three years -since when- a contest raged throughout this country for the purpose o f obtaining what was denotni nated—the People's Charter, when it was desired to obtain what was called the . ,fiie.pointa -of the Charter. How different he would ask were the means resorted to to oGtain that object? The prosecution. : of Mr. ,Fergus O'Connor, wh o was tried before ,Mr. Baron Rolfe, ,Tor us as many different degrees,of guilt as it was pos sible to conceive. The collecting of persons in public housesi•up to the proceedings of Frost and his associates to commit murder and treason. Now if that proceeding had taken place in the North' of England instead of Wales,,according to the principlei laid dOwn on the other side, they . must have been tried altogether. There must then have been a 'conviction upon several counts for severs° mi4.esi;gr - mrs . ..L.Was_ he driven to ask the question whether upon an indictment like that where a trivial offence' was charged in the first count, andlthe other counts increasing the offence in a mostmaterial:de gree—increasine• till it came to murder—was it to be said that they,were LI to be found guilty on the last count, whereas some-of them would only have been guilty of theieffenee charged in the first count? Supposing that the Court 'of Queen's Bench, on the case coming before there, had held that 'the ten counts were good in law, could any one doubt that the Court would pass a severer sentence for 'the offences contained in the ten counts, tliati if the COurt had held that the nine bountli,were bad, and, the first only good? He would suppose that nine counts were bad.. Had the subject his Writ of error , or was he altogether without remedy ? here were men suffering the severest sentence of the law—they are ad- Vised that they were illegally convicted; , yet' the law affords them no redress—they bring- a writ of erronin that' House, and upon that writ of error the Lord Chief Justice of England, who. should have heard the argu ments, and come to the conclusion that the counts were good, and had participated in the judgment on the par ties, on the ground that they had been guilty of ten crimes instead of one et that Noble Lord could sit in that House on a writ'of error from his own judgment. Then, upon the writ of error in that House, the vali dity-of the Whole , ten counts , is argued, and upon re-con• sideration the Lord Chief Justice, and the other mem- hers df the Queen's Ifench, may be of opinion that their former judgment was incotrect. Their Lordships might be also of blaiiiion that nine of the counts were bad, and that consettuenilk the parties before the House had been illegally convicted at nine grave charges i while in fact- they had only been guilty, tif one very Minor' efreffeer - In what situation; he would ask, •tirO`e iheit Lordshilesi if the lave was what was contended for on the other side ? Was lie to lie told that theparties might apply for a free pardon Why was a Court of Error allowed in that House, but for the purpose of correcting the errors of other tribunals ? In political conspiracies, where hundreds of men joined together to effect a certain object—the repeal of an A c t of Parliament, or so on—. some might attempt to effect that object by lawful means, others might attempt to effect it by unlawful means, and others by the most criminal means. They would then be led to this conclusion, that in prosecutions of this nature, where parties suffering the sentence of the court had been illegally 'convicted of a greater offence, but had been legally convicted of a minor offence, the Court of Error must lay aside every principle of justice, and affirm the sentence, because it must assume that that sentence had been passed for that for which, in fact, it had never been passed. The injustice and the absurdity of such a course of pro ceeding must be manifests But he would suppose ano ther case, not a case of political conspiracy. Suppose a man indicted at - the court of quarter session for two libels, the first altogether a libel in law, yet one of so trivial a nature, that if it had stood alone no one would have thought of prOsecuting it ; the other an accusation of some horrible offence, such as incest. Suppose him to be tried, convicted, and sentenced. He moves an arrest Of judgment on the ground that the count charging the graver libel is bad in law. The Court holds that both are good, and as they would only have passed a lenient sentence on the first count they do their duty . and pass a heavy sentence, because he has - been convicted upon both. The case is brought by writ of error before the Court of Queen's Bench. The Court of Queen's bench held that the first count is bad and the second good, then this doctrine of presumption would prevail and the Court would refuse to reverse the judgment, be cause they would say that it was to be presumed that the Court below had passed sentence for the offence which was well laid, and for no other. The Court, therefore, would affirm the judgment in accordance with this doc trine of presumption. A writ of error would then be brought before that House, and both counts are again argued. Their Lordships, including the Lord Chief Justice, who had heard the case, argued before, and also the other judges of the Court of Queen's Bench, who had joined in that decision, are of opinion upon graver deliberation, that the Queen's Bench was wrong, that the second count was bad, and the first good, it would be the duty of the court of error to reverse the judg nient. But if this doctrine of presumption were to pre vail they must affirm it, and they would have this ab surdity—the Court of Queen's Bench affirmed the judgment; because they presumed that the court had passed judgment only on the second count which they considered good, and. the House of Lords affirmed it, because they considered - that rentence had been passed not on the second count which they considered bad, but on.the first, and the unhappy defendant who was thus passed from court to court, having expressly heard the judge say, " You have this sentence passed upon you because you have been convicted of two offences," would be told by the first court of error "You arepunished for one offence only," and when 'be came to that House he would also be told that he was pu nished only for one offence, but that offence a different one from that which he had been told he was punished for by the . Court of Queen's Bench. What a spectacle would thus be presented before the enlightened people of this country, who are so justly proud of their laws and institutions, and who looked up with such respect to their Lordships' House, as the purest, most just, and most independent tribunal in the world. This defendant might see seated' in that House the chairman of the quarter sessions who had sentenced him, the' Lord Chief Justice, before whom the writ of error had been first brought ; and when he had proved to the satis faction of their Lordships, that he was suffering a grievous sentence for two offences, with respect to one of which he had been illegally convicted, he could not appeal to the Noble - Lord who had sentenced him, and who -told him that he had been sentenced upon two counts-i÷he :Could not appeal to the chief Jtestice of the Queen's_ Bench, who told him that he was suffering the punishment-for the graver offence ; but that House, act ing upon this doctrinesaf presumption, told him that he was suffering, and must suffer this heavy punishment for that other offence, of which, if he had been alone con victed in the first place, he would not have suffered one half of the imprisonment which he had suffered before claming to that Muse. And if, after that 'decision, those who for the future framed indictments for conspiracy were not more careful, these cases would be of constant occurrence. Was it possible that their - Lordships, sitting as a Court of Error, when they found that a person had been convicted illeg ally of nine out of ten offences, and had been sentenced to an imprisonment for years, and a fine amounting to half his fortune, not for the offence of which he had - been legally convicted, but of that of which be had been illegally convicted—were their Lordships bound by this principle of presumptive act, so contrary to truth and justice, as to say "You must suffer this punishment, and you must pay this fine, although if you had been brought up for judgment for the offence of which you had been legally convicted, you would have had' no such punishment inflicted upon you." If they felt themselves compelled to • affirm this doctrine— if there was an. Act of Parliament which gave them nu discretion— if there was a solemn decision of that House on the point OR a writ of error, undoubtedly their Lord ships must be bound by that decision; and the defend ants must submit. But he trusted if such were the case, that even the short remainder of the session would not be allowed to pass away without - the - introduction of a Bill to alter the law. But there was no authority—no Act of Parliament—no decision of that house, or of a court of law, laying down that a -writ of error brought up on several misdemeartors, - if there were one good count that would be sufficient, :and_ the sentence would be affirmed. If there were such, it ,had eluded the search` of himself and friends. In cases in which motions were made in arrest of judgment in civil actions, where general damages had been given, .the court was compelled to arrest the jud g m en t if one coun t was b a d. As in a civil case it was impossible for the court to say how much the damages'the jury awarded upon the count which was bad, and. how much -upon that which was, good, the court would reverse the judgment altogether, and send hack the case -to another_ jury, that they might apportion the damages• ' and their Lordship s wou ld fi n d that this principle of law, which was perfectly sound when applied 'to civil cases was equally' applicable to criminal cases for several offences with one sen tence upon a writ of error. • In- civil cases the court could not determine how much of the sum the jury awarded upon a:count that was bad, where there was-a conviction for two misdemeanors with one sentence for two years' imprisonment, and a fine of 2,0001., the Court of Error had no power to determine how much of the two years' imprisonment the Court below awarded upon =the count that was bad, and how much upon the count that was good, - nor - how much of the fine was a wa r d e d on th e bad count , - nor how much on the good count. The- punishment was discretionary, and it might be that upon the count which was good a pu nishment of a month's imprisonment, and - a fin e o f 100 1 . might be awarded, whilst upon the other count that was bad, a punishment of twenty-three months' imprisonment and a fine of 1,900 L might have been awarded, and the Court not only had no power to determine in what pro portions the punishment was awarded, but they had no power to apportion it themselves; because they did not sit there for that purpose, and, therefore, _upon a writ of error for several misdemeanors, where one discretionary sentence was imposed, the Court - of Error was precisely in the same situation as either the Court below, or the Court of Error above, in the -case of a verdict by a jury on several counts. giving one sum as damages, and therefore the Court had no power - except "to reverse the judgment altogether. In the cases to which be had referred, the cases for example of " Peaker v. Oldham," and " Grant v. Aschare," the judges - reversed the judg- ment in toto,,because they declared themselves unable to apportion the damages, and therefore the cases were sent back for another trial. But the -judges were found to have made some such observations` as those—" but it was otherwise in criminal cases, because,"iand he prayed their Lerdships to attend to the reason given, because it would determine the principle o n w hi c h they acted— " because," they said, " the court:there could apportion judgment—the court there could pronounce what it thought fit, if there was one'good count in the indict ment: Lord Mansfield said, "We must reverse the judgment altogether, beca use we . cannot apportion the damages, which would be to assume the -functions of a jury; but it is otherwise in a criminal case, if we find even one good count; and why, Because We aro the jury there, and we impose the punishment. Provided there be one good count in the indictment we need not reverse the judgment, because we have if in our power to award punishment, and we will award it according to what is just and right, on one count, provided it be good." They found the judges - ,using such expressions where the general principle of , the law was adverted to, and no doubt it was perfectly sound doctrine upon motion on arrest of„ judgment, for there - the - court had it in its power to apportion the punishment Recording as the counts were good or bad; but upon a writ of error the Court -of Error was in - a diff erent s i tuat i on. If their LOrdships, in all cases' where there had been a prosecution for misdemeanour, though there might be a hundred counts, were in a situation to say that although there was a general count the party - had been convicted of hilt one offence, then the doctrine applied as well, in point of reason and justice, to writs of error as to motions in arrest. The court of error might say, -" Although we know this, all these are charged 'as several offences, yet, by universal and invariable practice, a party cannot be convicted of more than one offence -; therefore, we will not, upon the substantial justice of the case, and, although the offences are laid as several, in point of form, yet, as we know there can be but one -offence in point of sub stance and truth, we will not refuse judgment if we find one count good and valid in law:" But the fact or truth of the case was otherwiSe, and rendered the doctrine altogether inapplicble to writs of error. It was custo mary in all kinds of criminal proceedings for misdemea nour ; but in cases of conspiracy it Was usual to include two, three, or more, of the distinct and several offences in one indictment One of their Lordships, Lord Chief Justice Tindal, would remember a very im patent case which had been tried before them within the Her'Week. In that ease,-though there was a great multiplicity of counts, three perfectly distinct coriepira cies were charged under one indictment. - One was a conspiracy to defraud a man of property by procuring a foreign legislature to pass . ' an Act to annul a con tract ; another was to turn a man out property of which Ahe was lessee, and which, if ever it existed; could not have been formed till two years after the first was com plete ; the third was to destroy a man's credit as a neer ,chailt; Now, if it had happened that, instead of the charges being groUndleas they hail,heenssiell pjoverd,'f - there would have been a conviction on the whole , .MARKET NEWS.-(THIS DAY. A NGE--MONDA Y . I- Fresh T ie received rather -a scanty supply of >f Wheat ()theme produce. The finest pa rce l s of both red and C° u lt p N to-day, - -XCH white mostly found buyers, at about previous rates of cur , rency, but those- of all other descripti ons d ec li ne d quite Is. " per quarter. In ,Foreign Wheat the quotations are is per IT quarter easier for bonded Wheat; figures were almost nominal. e Chevalier descriptions of Barley were held a t prev i ous cur rencies,-but grinding and distilling sorts were Is per quarter lower. Malt at an abatement of Is per quarter. For Oats, h ' the rates-declined from 6d to quite ls per quarter. Beans, at a reduction of from Is to 2s per quarter.. Maple Peas is cheaper. Other kinds at late rates. Best town-made Flour ie .50s per 280 lbs. .. . •• CURRENCY PER IMP ERIAL MEASURE. . . . • . Wnasr—Essex & Kent, 'AULT—Che va li er .... 630 to red 446 to 545, Orrs—Yorkshire.'"and Ditto white - ' Norfolk and Lin , ~._ Petatoe • , colas, red ;.. ..... .... 4 0 6 to 10 . Youghall and Cork, I' ' - Ditto white 42s to 47 s black Irish, red 478 to 506 Cork, white 496 to A4s, Scotch, feed .... ..... 21 . to 23 . n livE D — i 3O tt l:i w .. h .. i . t . e ..., ... ~., 2bs to Ms Btaxs—Ti c k 286 to 30s Ws to 39s ... 2 36 to 273' .11a0-- Grey ........ Ms to Us ~ • - Malting .... ....... .... 3,38 le 365 - bf,„ l . t ISAILL N II7...OTinding .. 27s to 328 D Chevalier 325 to 358 wir - , l i e . 38, to 3881_ pi geon , MALT—Suffolk and Nor- Boilers 32s to 36$ I. f ol k 5 65 to 628 noun —Town made ... 48* to 538 s , Brown 50. to 5 4 .1 Suffolk 346 to 33s Kingston and Ware 56s to 626- Stockton do Norfolk 34s to 36. - .'. FOREIGN GRAIN AND FILOUR IN - BOND. WseaT—Dantsic. ...... 486 t° eh Bcors -...... .... ...... Liamburgh ...... ...... 36s ..... SaitLaT ~ 3os to 33s FLona—Ainerican • 23s to 25s OATS—New .. ;. .... ....... 146 to ISA Baltic Feed l4s to 15s anuTzunzum. gersnithalain, the demand for all those on this day state, - an d prices ruled, gikt hiiwei ,ts 1 The idnimgohof attendance t. .ißn esAteaflvt 'yeas eesh o u, :sari Although a, .a buyers sahafyedewer ybeoea easier .n 1 sluggishthe very p ritnest Scots they have produced 4e., we consider the high e st gener al fi gure for Beef not to have exceeded 3s 10d per 81bs. Notwithstand s 1 ing the number of Sheep were extensive, we have to report a steady demand for that description of stock, and last week's prices wore fully supported, the best old Downs readily pro ducing 4s. por 81bs. Lambs, at prices barely equal to those quoted in our last report. Calves at full currencies. Pigs at late' rata% , . . Per Ms. to sink the °S&L " . s d. to s. el, s. d. to s. d. Inferior. Beasts 2 6 210 Second qualityditte... 3 2 3 4 Second quality ditto 3 0 3 4 Coarse.woolled ditto.. 3 3 3$ 'Prime lays. 0.,.. 4 4 tt e Southdown Wethrrs 2le 4 0 Frith's Scots, &C. I exec? coarse Calves 3 4 340 Large Hogs. ....,. ..... 2 0 3 0 ,Prime small ditto Stickling Calves, - each IS - 0 2S o Quarter old Plgs,eachl6 0 20 9 Interior Sheep SUPPLY AT MARKET. " Beasts. . I Sheep. 1 Calve'. I Pigs. 2,010 ' I . 21,930 . I 174 375 .1431 7 31 VGATZ: AND LICAII,ZNELA.I,36. Prime qualities of most kinds of Meat have been -nearly cleared off at full prices; but those of most other descriptions have bed a donnwerd tendency. . . - • • At per stone, by the Carcase. • s. d. fel. d. ' . d. to s. d. Beef, is .. -. . , middling 2. 4 ,2 6 ~ middling 2 8 3 4 ---prime 1arge ....,. 2 6 210 -- prime 3 6 3 3 1.-- prime small. .... '3 0 3 4 P or k, l arge 2 4 3 4 Veal ..... ••••.........« 3 4 4 .•4 ..........—small ..... •••••••••• 3 6 4 0 - Lamb, 4s Od to 5s Od. 1 ARRIVALS DURING, THE PAST WEEK. - Beasts. Sheep. Calves. Pigs. Scotland •••••••,••••••••••••••••••••••••• .... 70 -- 50 Yorkshire - - 8 SO 111 Nprfolk - - •- - .....» .i . . .... AI .. 40 -•-- . 2$ Suffolk 1... 14 Cambridgeshire .. .. . ...................... 12 4 10 6 0 0 ,:0 f6FA II ex .. •• .:.•.•••••••••••••••••••••• ..... . 7 90 r ' 9 50 Surrey • Devonshire .....«......, ....... ...... • -- 90 20 40 Wiltshire 30 Other parts' ..... .....4...... - 4") 20. Total ....... .»....»....«.».. Previous week's arrival .......... . . 29 163 1141 Difference since outlast ............ fl Igo 53 48 BOROUGH HOP MARKET. The accounts'from most parts of the Weald of Kent, as well as from Sussex and Worcester, state that a further in crease of blight has taken place. In many plantations in East Kent the vermin is represented as more numerous than over; the Ilops in Mid Rent and Farnhatn are, however, looking, rather. promising, The crop being considered in a very critical state, more inclination is manifested to purchase, and prices, inconsequence, are firmly supported. • • • • WOOL MARKET. The demand by private contract is steady, at full prices. - BOROUGH AND SPITALFIELDS. The Beason for old Potatoes being now nearly closed, the demand for those kinds is heavy, and prices have a down- Ward tendency—they ruling from' 60s to 85s per ton. New Potatoes, though in good supply, command a steady sale, at from 85 to 153 per cwt. The price of Y. C. Tall ow i s ver y TALLOW MARKET. , . • firm, and a good demand exists for the time of yea r :: The re are bUyers for the autumn at 42.3.6 d to 42s 9d. By letters received from St. Peters burgh this morning, the Russians were less willing to sell, and prices were a trifle higher. Dispatches wore sent otT on Saturday evening from the Colonial-office for the Governor of Heligoland. indictment. Now, if upon such en I ' l os i ment as that—it was quite immaterial of how 1 ; 0 1 counts it consisted—the defendants had been conv;l of three totally different and distinct offences, an d i s , then gone before the Court of Queen's Bench to re c en t, judgment, and had made a motion in arrest of judgre n "d their Lordships would then find a precise appli . ea, tl „, ° o this principle to the one case of an arrest of ittcPr t y and to no other. If he had succeeded in sa tisfying , 1 court that the count of conspiracy to injure a I: 1 "; credit as a merchant was ill-laid and bad in law , is and that the count for turning the man out of his f r „ perty was ill-laid and bad in law, but that the coin?, luting to the foreign legislature was good and Vii law, what would have been the conduct of the ‘l l '`"s Bench ? • Why, they would have passed sentence 115, the one good count, and have said nothing as t° , o of others ; whereas they would have passed a sent e ,n bee ; three years' imprisonment if the three offences hall . n 'i P O proved, they would have passed a sentence of one imprisonment for the offence of which the party been duly convicted. Justice would then have rso done, and the motion to arrest judgment would not!L prevailed, because one of the counts had been held 1 ! 0 bad. But now he would suppose the same case ,001 4 a writ of error. In a case which he put in which two sets of counts were 00 i and in which the court passed sentence. upon the $ O , one, it would be the duty of those who made up tu li te( cord to enter judgment upon the good count, and to ssid no judgment at all upon the bad counts.. .But if, i,e of that, judgment were entered upon the recor d _,,a sentence had been passed for the three distinct ottirrd, how would the doctrine then apply ? If their ships looked at the authorities, they would find /Jena whatever to warrant the statement that a lthoug!' oo o good count would support an indictment on a toc u ii ii,4 arrest jndgment, the same doctrine had ever pre Y , F l upon argument in a court of error. It was in its t !roli cation that the error existed, and not in the dictum ; which was just and right when properly applied• is , dictum in the King v. Ingram was perfectly corree, r applied to an arrest of judgment ; but altogether isa rect as applied to a writ of error. The case of the P " ii v. Fuller was a case of reference to the judge s e f s point reserved at the Old Bailey ; and the object at not to reverse a judgment, but to submit to th e , whether the parties should be pardoned, or the j!lclT„ti , stand as it did. The last case, that of the King V. vm' c o , established the principle for which he (Mr. KellY ) 0all tended. Lord Mansfield there said that the juag t . should'not be arrested by reason of one or more ° fol counts being bad. But he gave this express reasC l ,' tlt it, that the court might lessen the punishment n count were bad. Why, he besought their Lordsbig s d consider the effect of that doctrine falling from ' i st Mansfield. In that ease the Court will not arres' o ri judgment, but will lessen the punishment. These t io , all the cases that had been confirmed, and the Ol e o was, whether anything in these cases, or any 0 go pf ruled that the principle so soundly applicable w in arrest of judgment , applied also to writs of e rror. ...Ai, had pointed out hypothetically the strange. and ins ble results that would be caused, if this doctrine sP. t i c s prevail ; it would cause the most frightful inj w . o, Parties might suffer an imprisonment of tot and sustain perhaps the loss of a fortune ; o il the false contents of an indictment for one offence. When these consequences wale subt' e fse to their Lordships, he contended they must pause d o ver they produced them, unless there was some gra, ao ruling authority or decision which should be bindinb t r that House. But he entreated their Lordships t , o t tit member that the' House, sitting as a superior COt t he error, was called on, for the first time, to lay don o ti doctrine, the effect of which would be to inflict „is' cruel injustice. Before he passed from this pointierd gather, he must "observe that it was not to be virce ttit at that the authorities should be so few 0 % 1 00 point. From the mode in which the co o ili law in this country was administered, it must- v:: 11 0, occur to the minds of their Lordships that,: of of error on charges of misdemeanour must °ld!' very rare occurrence. With regard to cases of H of 0 meanour at the assizes, in ninety-nine cases ou t . . hundred the persons indicted were of a statiott7 ii o that deprived them of the means of bringing a error ; and_with respect to the whole of this persons, if a point was reserved, it wasenerally S yr s and determined by the judges. Lord BROUGHAM reminded Mr. Kelly that this of decided on points of law laid down by the practic e . e se courts of law and equity at Westminster, withou t coming to the House of Lords. Mr. KELLY—Certainly. But in this case it s--f ) made out what . had been the practice in writs 01- ,. 0 01 0 : It was vain to expect that there should be man,' ! ) ,icP rities on this point. In t r i a l s f o r misdemeanor , ..' ee s o were removed by certiorari into the Court of 1 4: the Bench, the public w ere genera ll s l satisfied 0 10 decisions of that Cou r t, an d on l oo ki ng throf er sor e books he scarcely found s o man y as f our wr its or misdemeanour d ur i ng th e l ast century, nor ior n, it of os i them was there anythi ng lik e a d ec i s i on in w hic h : son; diitinctly held in argu men t t h at w h ere there was e g0 0 ‘; viction for several diff erent misdemeanours °intalit count was enough to supp or t t h e i n di ctmen t. ;tar be argued that when the judgment was given to ale': several offences aforesaid," this might be taken,, were the several offences that wer e we ll l a id. But o f t h " doubtful that the judgment was passed in reePeethat the several offences well laid, still he apprehended . t ai n t judgment must be bad for ambi gu ity. I n order recd the sentence it mus t a pp ear di st i nct l y on the r d the offence or offences were for which sentence o a het bef passed. If, therefore, th e recor d l e ft it d ou btful W.• ; 01 it was for the o ff ences, well or ill l a id, that was suffi e 'oo to vitiate the judgment. But he contended that o s words " offences aforesaid" must refer to their last I fi g dbeictginiveCent* cedent. And in pages 78 and 79 the finding state toe' the counts against the several defendants, and thenliP o p i ll diately afterwards found Daniel O'Connell guiltt go od the several offences, including all the counts, botu the and bad. Now he would suppose, in order to sh e iO meaning of these terms " several offences"--scPr e es ° an indictment there were two counts—one a lleglne as offence, and the other another ; - supposing there i f r e verdict of guilty on each, and then judgment if es ig j i s ecl nounced against the party, that he should be iraP r '; o o a twelve months for the several offences; supposlng, ° ` is writ of error it was: found that' one countwas ba t ` Toe, and the other good, so that there remained but one °, well laid in point of law, what would be the inean' n '' t lJo judgment for the several offences ? It must nce i t. e 'r several -offences whether well or ill charged in t " - $ n . th t o h s e e. present case one meaning r °l2s t aer e given to several offences, whereas in cases where m ast are'only two counts other and different meanings -- ty words. Where they found se su p' offences charged in an indictnient, and they lnl ist e ivo l pose them to b e l ega ll y charged, the only meani n g -to the term "several offences' must be one offence.' on s these ground s h e wou ld su b m i t that if there we:seas count bad the judgment must be reversed. The p r - de', conviction was for several misdemeanours, and t_ue - e sea fendants. had appealed to their Lordships to be 'lnted' from offences of which they had been illegally con y d " If their Lordships did not a ffi rm this doctrine an",, De ir verse this judgment, the consequence would be that..,`, Lordships would be maintaining and ISerpetuat'rrtt'iss punishment, not in respect of offences of which Pa rent had been, legally convicted, but continuing pais- c o' for offences of which the parties were not legant p ar victed, and that too up on t h e presumpt i on t h a t t"Lilis' ties had been convicted upon the good counts. , court of error could not assume the jurisdiction ° f er e uh tootr another o n propropriating the offences upon which the parties t p must w e t r s e e n c i t o i suffering punishment ?. The only course left ope.war their Lordsh ip s reversed u il t ffi he rm r thement u a below: case must be tried over again, and if the partie s kr the tchoamtmtibtatreed. was se at w o i n ea ld st n u o u w e s b tl a br oo l found guilty. they, must be punished according to tribunal,to h r e re i v u e d r g u s e w t eh b ric e tr J evit u . bet ber a ee their' crimes tbe Lordships had in the indictment. He contended, for his ow l ! P v ieg that every count in the indictment was bad ; but Ito, been preceded by several of his Learned F rw idied and particularly by Sir T. Wilde, who had e- 4 '1 ,1 their Lordships' attention to all the counts, be he only trouble the House with two of the counts wide h a d contended were bad in the face of them, because 1b°4 0 90 w th e e re e t s h i e u s b i i x ti t u h a an u d f pthheysieciagihtft.reeT, it au t/leer eighth to the transferi ng o f ot h er l egal matters to ° not charged any off ence w i th legal certainty . r t el wo at c e o d un t t e s too } tribunals. With respect to the sixth count it wi'sson. ► general.. It sh owe d no l ega l. o ff ence. In or d er to e a' stitute the„ legal offence of conspiracy, it mast b jilt pressly alleged that the conspiring was. for same u n t 1/0 ful object ; and if for an unlawful object, it rals- not shoWn to be s d c h, and not merely called so. It iv - ire° sufficient to allege th a t persons h a d unlawfully-will:10st by unlawful means to do an unlawful act. 1 30 i , t , Of, be shown that the means were such as were nee e ", -s rili, unlawful, or that the end and object must be nee, es ,„" jl o o l P unlawful. This 6th count, when considered web 9 'on; be found to amount to this : that eight Perso ns isea timed, unlawf u lly, and confederated to inuaaluiesieouasulyd, procure, fo a r u t d h , s cr 'dcd aid the assisted in causing and procuring, divers 801;16*( 4 1. - d a nd seditious purpose of changing `the assemble in large numbers for the WO' t ion cons titn ie d `,the laws and of the realm. The first part charges that they e °l.lsP per to procoren large assembly of persons-fora certain ios pose. Now to procure a large assembly of pal' s ' wo 9 not illeg a l ; it must b e s h own that the ass enio / vi a° illegal, or .that the purposes for which they tha t met was so. Then the count went On_ to StL `di' they caused them to as sem bl e f or an un l aw ful an ds tie the tious purpose.. Now if the count stood there no ) tea , count • was clearly bad. Here the purpose was s to for and, therefore upon that count the, only clu e 'to b ° their Lordships was, whether the purpose stat ed_waif unlawful and- sediti ous was upon that statemen t c o y to shown to be either one or the other? A consP ir t i le' procure changes in the Constitution was clearly n ic ° " os ea' gal. Could it be s a id th at t h e part i es w ho to° iw ith suns to procur e th e un i on o f S cot l an d an d Irelan d" t he England, which would affect a great alteration,it be law, were guilty of an illegal conspiracy? or c? lll l ie lief said that the conspiring to procure the Catholic ‘ .' sti ses Bill, or the Reform - Bill, both of which In"' o t? effected great changes, had committed an illegal vras The endeavour to procure a change in the ho c iai d in legal object. Let them consider if what was 'to be the count was necessarily unlawful, or if it we!: eaos brouthtabout by necessarily unlawful means. T he 010 Were intimidation, caused by assembling meettiroarii(k. 'people;-Who - was to be-intimidated? Was it ly meat or the Sovereign? That might or ' m ight n0t, 013 °raves it any other person whom it might b e 64 on legal to intimidate? So with regard to the words, << on monstration of physical force,' it was not 3 ,f c i froll whom that was to operate. The count wits foe charg e uncertainty. It ought to have been distinctly t he whom it was that was to be intimidated —on vinr: on ; 1 °" demonstration of physical force was to op erate wa s 1 less th ey could establish the proposition that , to legal to assemble a meeting.to intimidate anyt o , o ,_,g bo str, operate by a demonstration of physical force On ~...... the 0 In tc ing tc the it and intew utkael *hos' vonsp to be kiish c lor a