The Sun. — London, England, 1844-07-10 00:00:00

;ourt-- twelve, ywood , s Alan- le tea ingharo E..hureh, District ershire, . New alf-past grocer, , al the a to the 1, Great [ ebburn, printers , ts, New [sunder, Brooks, 1. Lieb reich)-- Latica -W. 1 3 - .iverpool Ashford c i G. nbhouse , bam—J. Drabtreet rs, Ros hat ma .s, Great its, Ox rerpool-- 'acturers , con —w. Oldham, iy 15 and .t twelve, undee. t twelve, chemists, 'homson'6 i'AL S. )AY. as on the H o use ef e corre Govern •instate: ...... ...." ___-- 11rs. Mileg ina 5 , tbe„ro' , ° ire, ,Lic6lo9ll SO oer 'g e9 , Cr• '3. h fe" ' )6eP ---- the to ef" of • stl T.O, F et tle tl i ter ° f 3fr o . f 'ter e org cc, G c : ,liet ,re, , of Jo J lac / )„, 11111. tail'Pl3° 000 16 1 00 1 of Ociislll e,l?`,~ot .1 IVren • t „ of • .s 01 CO° AVEBEN)) STAR PACKET S. FUIZTITER REDUCTION OF FARES. SIX-PENCE AND NINEP)ME, Boat aml Blackwall hallway Included. - Dait y From the Brmiewick Wharf, Dtackvrall, ' ln ktalli included) at Ten, Eleven Twelve, Three Six, 'and I Scl. en At g m , Pioak the Terrace Pier, Gravesend. ti 41 r - Past N(ne, Half-past Twelve, Two,* Four, Sim, Seven, and Eight. On Aundays ec at Five instead of Two. ore Cabin and Son‘class Carriage, Sixpence; Saloon and t nr ,..„, • First-class Ctrriage, Ninepenee. Gravesend, May 2.1. 1344. j elE GENERAL STEAM NAVIGATION antes CO MPANY'S splendid and powerful first-class STEAM are APPointed to leave LONDON for iIIETROII and ROTTERDAM, carrying her Majesty's Mails rip: Wednesday raid Saturday Morning. N:!1}1-1Svery Sunday, at Eight, Morning. day. IVE RP—From Brunswick Wharf, Blackwall—Every Thurs . at Eleven, Morning. From London Bridge Wharf, for— arAL s c n e o Bl. ," sti ' is p a :T 4 uo . stl . ay„ Wednesday, Saturday, and Sunday. " A)a STEE-er Wednesday, Thursday, Saturday, and Sunday. us,• an .,` ,-- Every. Thursday, Friday, and Sunday Morning. Fares, 4S, IiCTLI • y ki , —Every TuesidaV and Friday, at Eight, Morning. ,10101.TTII—Eyery Saturday, at Six, Evening. ;irSGATE —Dally at- Half-past Nine. anti INIBI ROII.—Fron% Brown's Wharf, Poplar, every Saturday XvmeiZrY alternate Wednesday, July 10, 13, 20, 21, and 27, at Ten XE Prom Down's Wharf, Reduckil Fares, for— IS TLE—Every Wednesdsy aad Saturday, at Eight, Eve . . tnN,„_ RLA liu DE ND—Every Tuesday, nt Seven, Evening. ii,,7 and lIAVRE—Evcry Tuesday and Friday. Retw~ n ItitiOllTON and DIEPPE, every Monday, Wednesday, ai r . l 7, and Sarurday. 'r 'ma BOULOGNE—The Magician, Daily, according to tide. depa ° Berths,' ibr Freight, anA for Dills, containing hours of tere rt nt ure ' fa res, tke., apply at the Offices, 69, Lombard-street ; 37, citti as ; and 35, Leadenhall-street. Pr ix ,,PIFTEEN THOUSAND POU. jr i ti COMMISSIONERS NDS of W ANTED the ROYAL creetin TER RACE PIER, appointed under the Act sth Victoria, for ones h g New Pier at Milton-upon-Thames, in lieu of the present hearly completed the pier, are desius of raising the thelbm''' ° ?°l., to he secured upon their pier and gardeds, tolls,. and ofm a k in es t l i ate, under the powers of the said Act. Persons o destrous ''equ este l t • o l advance, or, any part, in sums not less than -Op t t ate ori, el? , 1 their proposals in wtg, under seal, sta ting c st reet J,,eisetr,eLost n re d o o tr b e r % a g n e t ; l addressed toms at our offices, 2, Arthur or at 20, Harmer-street, Gravesend. • J141. 4 (11 By order of the Commissioners, MATTHEWS and HILDER, Clerks. IV C4N EY LOAN. amounting to 89,450/., is about to he d istributed in the 1I AL BADEN LOAN, to be drawn at 3.5,00317 e, guaranteed by the Government. There are prizes of Br Ait!fe 5,00), 3,000, &c., the lowest 65, and will be paid in ? y. I*, bad w T ickets, 12s. ea c h, 10 f or 51., 22 for 101. Prospectuses may lln° ' (on immediate application) of Messrs. A. J. Straus and Co., Ofji e 3 and Receivers-General Frankfort ; or by remitting a Post order to their ()Mee 20, ' ll ' ouverie-street ' Fleet-street, London. Frninent lists of flwing will be sent to each purchaser. from Twelve to Three. u Ab,I)ITIONAL ROOMS FOR PARTIES. rot imt ' h e Perfection to w hi c h these temporary Rooms have been tee, ; deserves the attention of all who calm hays not sutlic h ient nienditti hou, 4 7eption, or who wish to prevent the disarrangemen+ of title l a b4 ida t i "'Ting no poles inside, being elegantly lined, and w Ger, renders them complete. Not , the least of the recom snd " 8 , is the facility with which they are erected and removed ; arwint*Prish,g as it may appmr, they are erected even with the ~,,APl)l37:rt,,°°M floor, with perfect ease l and safety, when required.. 'Nth BENJAMIN EDOINGTON, Marquee, Tent, and Rtek nufneturer, 2, Duke-street, Southwark. erILT FRAMES.—FLY SPOTS and TARNISH. Gold or Gilding Detergent ..... .. • 2s. 6d. per Bottle. Or 3 lolu or Lacquer Do •• • • is. 6d. Ditto. li ronzb Do. ••••• • • • • • Is. 6d. Ditto. a'stNit compositions are perfectly innexious, their e ff ec t su dd en , rest o , B °lng, and lasting. Gilding, Lacquer, and B ronze , are instantly t1.,,, n ' t od to th e i r or i g i na l lastre , fl y spots removed, and covering trottb io. hc fly rendered unnecessary—sponging the surface the only ThI'ARISIAN SILVER D E T ER G ENT, is. 6d. per Bottle. Isst re is co mposition gives to silver and plating a lasting and superb irsit ati ° ,l Polish. It assimilates albata, German silver, and other cms of silver so closely to real silver, that they cannot be - u.iiiins.hed from it. It is perfectly innoxious, easy of application, and q„ ° in cost. Sold by UPTON and CO., Lamp Manufacturers, kc. '°cgc-street, Hanover-square, and 66, Basinghall-street, City. WILLIAM LEWIS, at present and for 4,,(15 twelve months past, residing at the parish of Heston, afr o C'''llntY of Middlesex, and being" a baker, do hereby Ilank i .„ bc ' t ice that I i n t en d to, present petition to. the Court of in "PtcY,llasingliall-street, London, praying to be examined touch itylll,elsits, estate, and e ff ec t s, an d t o b e p ro t ec t e d fr om all process forp a ,.:..lkOlg a Nil disclosure and surrender of such estate and effects heanOtiee' ,Tent of my jest. and lawful debts ; and I hereby nirther give 19 at the time when the matter of the said petition shall . be RN, tO be advertised in the London Gazette and in the Morning ~,,tneis u w ,:PaPcr one month at the least . after the date hereof; as no...„•%flark, this 2d daz of July, in the year of our Lord, 1844. - "l'lltyi" v inZ been first read over and explained to me by my ray;ichard Hillier Atkinson. --. l tiless The Mork + of WILLIAM LEWIS. n • Atkinson, 27, Carey-street. tetstil‘il3ROSE BRAY, at present, - and for fears Past, residing at No. 2, Haberdashers-place East, (, f °W I I, in the parish of Saint Leonard, Shereditch, and /i nt "t` or r u ulesex, and being a perfumer, hairdresser, stationer, and -.e4fl to 4 r' eei vin" house f or post letters, do hereby give notice that street T ''reSent estate' ~ ) 114„ a petition to the Court f Bankruptcy, Basinghall tilNki,' and fraying to be examined touching my debts, lt erk et pallets, and t o be protected from all process upon her,: for disclosure and surrender of such estate and l Gazette ati" Day- ni said Petitioner era of my just end lawfhl debts ; and th m a a l i vlN notice, that the time when the matter of t e after t d n. , ti - I ; l ,be heard is to be advertised in the Len t cen t the re lic lat e her 4L orning Sun Newspaper one month at the eas ar or our L‘. 6 01 ; attorney for 'Mtn as witness my hand, this Bth day of July, in °Sat J. r . "",! , 1844. AMBROSE BRAY. ;elation 86, Bray. wall-road, Lambeth, Surrey, Ambrose ALT, w h o COFFEE. 81/ ).,vE l OPI , E t arrllnZvited e a to del ii ie rc io hi. us Cup of really fine Th e N e an cl i liAL Le, No. 8, I u ,l :ate-hi. e from tho Establishment of fl. n /v. hi e 7l f ull" e 'ame into ' operation on Saturday, Bth ßp of E J ,i n c ne, • tottm of splendid quality l'k b r OITNT ) a Y wo have reduced TWOPENCE to FOU Tea at Three Shillings and Tenpenco per The Tea Market No. 8, Ludgaz i.7 h y lll. ri AND HALL. 11 1 11 cO7, ' S CaURCH YARD. G t he Inhabitants of the Metropolis, the Noblem en, i. and Families throughout the United King dom. TEAS. K TEAS. )41°1...t_he 92d of June, 1844, we OPENED the extensive PRE. or .. ",„"fi, No. 1, St. PAUL'S CHURCHYARD, for the purpose ",.r.LLING TEAS, COFFEES, SPICES, &c. " occasion of our doing so, we are anxious that the advantages 641 out and the system generally on which our business will out, will be clearly understoodwilloeonvaisnsecretiyoonus: a nd aPecious arguments, but by truth stampin s g assertions bein g borne out by our action , that it s the "terestC of all who want good and pure teas to purchase hr i tsfrom . teit W se will first e s t a bli s h the fact t h at we w ill se ll none but good tee ' 4"ty secondly, we will pleigs ourselves to keep none but pure ; 4 nd Willy, the prices of our teas shall be on a scale of oUhitherto unequalled. L irs rlY, then , will sell nnne but good tea." We have 7, 1 ,,t° Purchase good teas we have been long a celebrated for sir r to d iscriminating good teas—we have an anxious de. e to select good teas—we have an inflexible determination to t o u tir °°°4 teas —and we h ave, beyond all these powerful mot i ves, .eostit int erests to co nsult in selling good teas. andwe will pledge ourselves to keep none but pure teas," r" would partouricularly subseqnent remarks will show desire attention to this fact, the vast m. . l ace V o Cr ue n of Ice of whichld refer y ou to our opening circular, for a statistical tof T hree Millions F our H un d re d an d Seventee n Th o us an d 01!°, Hun dred and Fifty Pounds of trash, dignified by the name I Kinc , T ea." th at has been purchased at the Tea Auctions in ` ft lf-lane, at the average rate of Threepence Halfpenny per ha s at (dut Y excluded), an d after passing throug h var i ous h an d s, the tea pot of tngth reac hed umer the canisters of the retailer, and finally he cons. so st a ..- "ilf,debe ou'r‘urisivgi i i e g g a e n . tic evil and to protest you from this long. tviii " grievance nhall be our study, and with your co-operation, sely s•ur nn sit • ion in the market enables us at once to poss ess our- Prie of the best teas imported ; and we fearlessly asstth at the 01, 11 44 our teas coupled with the excellence of their quality, w e e oo a scale of liberality hitherto unequalled. jud,,„„_ r tog to our undertaking proved experience, 11,71‘,. just and inflexibility of resolve. With integrity to uphold discriminating 11114 - ti e Pledge ourselves, by well-directed energy, untiring . industry, -nlar Yiall courtesy, to merit the patronage we now solicit. D. s BLACK TEAS PER POUND. hs, 2 ; I ' 2(1 . A particularly agreeable Tea, replete with goodness 1it.t 1 . 0 3 1 , 1 4 ;: c .' ?, 6 m d p • a n T y buisse4is t a o n b o r l i d n - g fa o s v h er io . ned fine Tea, such as the East n "d• A matured Tea, with plenty of strength and good 1 10 1' . our, 3s ' ad. A n acceptable Tea to the Public in general. No' I 7 - r m GREEN TEAS PER POUND. 1 11. This i s i n the highest perfect i on b ot h f or s t reng th 2 o hhess of fla vour. No 1144 . " ' ed of A very desirable Green Tea, and will be greatly No. 4• O d• This i s a good Hyson T ea. W e ha Nei. Thi s T ea will give sat i s f act i on . wnsu nehci a"c lower priced Teas, but the above are what we can re. I Nvity i t , o 4 l. iftY Chests of different sorts of fine and rare Teas will a" the bea m for inspection in the Upper Rotunda, where ladies :" g i ve ° r large es tablishments may make their selections, "Utine 64 thei r orders apart from the ordinary bustle attendant on l' be art' e COFFEES. t'' - th of the l Governments, their object being "44 h ho 'et ti q coffee w as for some years past attracted the atte . n. eiteat the ate and present _Mr / ... ..e Public by introducing it at a cheaper rate. . ,love„.„...'umtehere, the President of the Board of Trade in the late th e a"..'ezt, devoted considerable time in endeavouring to alter tming eithh."Lent.alaus laws which existed in regard to coffee, but . s his ge.ag Interests at that period prevented him from carrying p ow : rf il u ob i e rt i';' intent into effect. e elebr - interests 2 P eel, With great determination, notwithstanding the -rrayed against him, at once reduced Per .Med Tariff) the duty on foreign coffees from Is. 3d. . (in Sd alet t . t u . 44 the Chancellor of the Exchequer, in his financtal ti s o o t n at t e t i ed . h .... 44 , r ing the present session, announced a further reducuse of a 1) 0 ,4:1' ib.l s.aying—" It is most important to extend the taat ... thtionda,ges which is a great luxury to all classes, and which ,'t A ' faUnd to supersede other beverages detrimental to health. .t.l th e h hen t 0 .. our of being the first to afford the public the full be a(nd all who t‘°44 dentl !these philanthropic measures has fallen upon ourselves, we the e 3 , call upon her Majesty's Ministers, Noblemen, States utri- desire to see the liberal intentions of Government ti„ . _e I nut, and who wish to enjoy, in its greatest purity. s o ° ''''S $ beverage u coffee, to confer on us their valuable support. 144 I 1 COFFEES PER POUND. N o. 2. s. 10d. This Mocha is in the highest state of perfection- a „ Is . B d. This is a rich, mellow Coffee, N,s-'' verY desirable. I . z "_ .11 5. 4d. This is a very good Coffee. generally preferred, uterrnediate qualities Is. 61(1.. 14, Is. 3d. This is a useful Coffee. We ha because and lower priced if requires!. h ._ e .ve dwelt thus particularly on teas and coffees, not ao'' articles will be pre-eminently distinguished for their goodness 82.eeheapoese beyond spices, &c., but as a mirror to show forth our I „. 111 of bushaess. iet v : a have taken our prentises in the centre of the world's great ea thh . ° P ° i , l we have endeavoured in every way to render them tik"ndinus, convenient, and comfortable; but we shall at all N es , be O bliged to any friend who will enable us to amend what e.t._rnaY be am i ss—to right whatever may be wrong—to rectify, anti i mprove as may b e th ought desirable. r s ite, as before -mentioned is No. 1, St. Paul's Churchyard, Or N. he r of Ludgate-str ee t, a pos i tion with which all the inhabitants ni trabl Lt city must be f am ili ar, b eing also well known to the in. vhrnoee concourse of strangers who daily visit St. Paul's, and 14:e Patroaage, one and all, we earnestly invite. a „.. .! anxiously solicit Gentlemen, Hotel-keepers, Inn-holders, • t ;_'_. ‘he public at large, in the country as well as London, to profit ac,conur undertaking, and we pledge ourselves that all orders, re4P"led by a respectable reference, or a money order, shall e nur prompt and careful attention. It too r of consulted only remains for us to invite you, in return for having ,4 testingmfort, convenience, and advantage, to do us the our assertions. Your obedient servants, DAKIN and CO.. Tea Merchants, i e •- - r_ sul _ y in' i No. 1, St. Paul' s Ch urch. yard. Q[ s t t 4 Our 'illp will deliver teas, coffees, & c., w i thin eight miles _ all directidn—July 6,1844. ok-o-z(° .-‘ Lt. . . , -. • . , g -el: Al t. .. ~ .. . . ... ,_..,N i 7 ,,..c, _ 7,, \.\.. ,- . 77 ,.f . /.., ,,,1, o . s. ec v ifct . ",,, , , • 4 1L .- T 2 . „. t ill! r ). ~ • -..,' ,) ~.....,tr- _ _ ili ki /* •:-'- -- •--.41 . ~t f:o , :i 4 : ir " : - - ------..... - a• f...i , ~ ,- ... ... . -.. • - --- ---- 7- -, ..-' - - ;,• - .....0- .. . •••',. ~,-,• . ' • 1 ,-- - . Vt . • - ''''''., ' ''') ' 7 ' t /..-1 !_. N .1.,„ ,;,., 4--,,,,, _.• yv i ~. ~. ,„ ",-, • ,• ~ , ''.:4'.; ~., t.:: ' —....,, It. _.l 1.• ot , ! , ..i. , , :, ': - - "r;'7 . ;t L YS' wt.. , ::7 4 t , ~,.. ' . iif.:'lo , l I' . ' . 3g '' 7 V*, i;- .:. ~ , ---, . -:- ' '/*/. ', - k , te IA r * .... 4;4 4 : 3 ' Jr , ' '''''. .' s' ' ;.:,... 1 .1 ,' ' .-rf 1 - a -.' .. • , . S vzti , At •.,,,-,.„:::----- , ~,,, ~s ~,„;.,. _ , s t ,, :•;_____ 4 , 0 --4, . . 4 .• _,.......- ~ — , -ra , „.. „ ....., ..,...,,,,,, ~,..,, ~, '7 ) . ,•../ "--.---..' os fet,,, , 1.- j .. ':l :', 1".`4, If ;i f ': i• 4 t o l4 ' ., .-z7 h, 'o• ~:" Vi7 ii itT4 , -`&-= 4 * 14 .4ri11i t4 ,_ ),I g 4 J, ' . ._ : 7,.. 3. ' 41, 3 , \-,t L.-4,-..........,- , / . 4. 4 z. ? ..., i ,..--..,... i,. - DI !. , . ~, . 4 _ .... ,.. i .,..,,...,, ...,,, ~ ~, ~ , ~, ..&......5.... ;,.,.at- 4 ,t oj 1 . :,. .ri -..", -., • , . • - N7.'7 , 7 1 5 ,' f•IL'-',7--' ,sae"„ , Fria No. 16 ) 193. LaNDON, WEDNES DAY • N G JULY 10 1844. w - ; . PRICE sd. TILE SUN is Published EVERY MORNING at FIVE O'CLOCK, in Time for the EARLY TRAINS and TOWN DELIVERY; a SECOND EDITION (Evening Sun) is Published in Time for :the AFTERNOON TRAINS and a THIRD EDITION at SEVEN O'CLOCK, for POST, containing PARLIADIENTARI and all other NE WS in LONDON up to that flour. ~~~~ important fact out of their Lordships qgitt, They w‘ lit user the matter, indulging in minute criticisms, but al together kept out or sight the important averment that the list had been fraudulently made. Now, this was a great political trial ; the defendant alleged that the jury book had been fraudulently made up. The returning officer was their well known political oppon( nt- The LORD CHANCELLOR—It dew not appear on the record. Lord CAMPBELL—Let us confine ourselves to the re cord, for God's sake. - Tho LORD CHANCELLOR—More particularly in the reply. You may suppose a case of a list made by a political opponent. Sir T. WILDE would beseech their Lordships to re- member that this was a case of political presectition, which many would be inclined to call persectititime The indictment was ,for acts extending over large space of time and place, so as to give the prosecutors the power of laying the venue almost where they pleased. In such a prosecution, above all others, it was necessary to the pure administration of justice, that there should be no taint of fraud upon the composition of the jury. The Attorney-General for Ireland asked what the defendants would propose to have done. He should be inclined to think that it was the business of the Officers of the Crown to find a remedy. They were beirriel to drop the prosecution if they could not try the men. fairly. His Learned Friend the At torney-General said they could only have the challenge when the fault was in the sheriff. Formerly the sheriff • was the only person who had to do with the jury. Lord Camertem—The common law assumes that the sheriff himself summoned the jury. Sir Teromas WILDE—Such was the case, and there fore the sheriff was the only person who could be chal lenged fur an indifference. But now the law divided those duties, and were all the amendments of the law to end in the destruction of those means which the euh ject formerly had of protecting him against packzel juries ? The question was, whether, now that the law had divided the duty amongst other persons, the remedy did not follow the altered means by which the evil we; produced ? The sheriff might be morally free frone blame, but he was legally to blame fur having made his list from a book imperfectly Made up. It was his duty to make up his list from a proper hook, or, if he had used an improper and fraudulent book . for 1844, then he should go to the book of 1843. That point went to the root of the administration of justice. The Counsel for the Crown were under a mistake in suppos ing that because the list was not good in this case, it might not be good in others. There was fraud as re garded them, but ethers might not be injured. There defendants averred in their challenge that this fraud had been perpetrated to their prejudice, and this olejec tion was good in their mouths, though it might not be good in the mouths of others. Ile would not towel' upon the points which had been so ably argued by - hie friend Mr. Peacock ; and he trusted that, by their Lordshins' decision on this point of the challenge of the array, the law would be secured for the future against any such abuse as had occurred—that the administration of jus tice would be freed fa in this stain—and he, there:ore, prayed their Lordships that this judgment b., reverser*. Mr. Him, would limit his reply to the validity of the challenge, and he would proceed at once, without any preliminary observations. Ills Learned Friend, the Attorney-General for England, had pivsed over one or two points which were of the very deepest importance. It had been said by the Attorney-General that there was nothing to show that the list had been made by the Recorder. Now, it appeared that a fraudulent paper writing had been made the basis of the Recorder's list, which had been made the basis of the jury book, which had been made the basis of the special jury list. So that there was a distinct allegation, showing that the special jury list had been made up from a book made up from that fraudulent writing. The only material question in the case was wantin g , namely, the fact whether the special jury was selected from the list the Recorder sent in. It was distinctly averred upon the challenge that a fraud was committed in putting in the book from which the jury was selected. The LORD CHANCELLOR—But did not that give the right to challenge the array? Mr. HILL submitted it did. Lord CAMPBELL doubted whether they had any right to challenge at all, and whether their proper course would not have been to have moved the Court of Queen's Bench to quash the panel. Mr. HILL said they objected to the panel, but the Court of Queen's Bench decided they had no jurisdic tion. The challenge to the array and the poll corrected any misfeasance in putting the jury into the box. If the Jury Act was subject to the construction of his Learned Friends, it would operate as a curse instead of a bless ing to Ireland. Ile should say, in the present case the best course to have adopted would have been to direct the award to the coroner. The LORD CHANCELLOR —Why should it go to the coroner? Was there any default in the coroner ? Mr. thee observed that the duties of the sheriffs had been subdivided by the Act. The Learned Counsel then proceeded, at some length, to contend that the panel was bade The Recorder had been commanded to do one thing, and he had done another. Until he had performed the duty cast upon him of making out the list, and send ing it to the clerk of the peace, how was he functus officio? It appeared to him that no inconvenience arising from the mistake or fraud in making out the list was to be put in comparison with the evils which would arise from having a jury formed from an improper list. If the re corder had not done his duty, or if the clerk of the peace hael not done his duty, they were in the same situation as if they had not time to make out good list, and there was no reason why it should not be referred back to them to make a good last. It had been said that the object of this Act of Parliament was to take away in a great . degree the - right of-challenge to the array. lie did not see how that could be contended for, when his Learned Friends argued that the 35th and 36th sections provided for the insertion of those names which were fraudulently omitted. But those related to the juror himself, as he felt himself aggrieved by not having his name inserted in the list, but it did nut apply to persons in the situation of the defendants: He would conclude the observations he was about to make by. observing that the ground of remedy must be separated from a particular case, and he called upon their Lordships not to decide this point upon art extreme case, and not to look upon it as if only one single name had been omitted or misarranged, as their Learned Friends upon the other side called upon them to do ; but if they were to decide it upon an extreme case they ought, he contended, to take the opposite extreme, and to decide it as if a multitude of names had been struck out. He begged of their Lordships to consider what dangers might accrue if they pronounced that there was no remedy by challenge which might be brought before that august tribunal ; .and if he wanted an illustration of that it would best be found in the case now before their Lordships, for here was.a case of the utmost importance, which divided the whole empire, in which it was impossible to obtain a jury without some degree of bias, and in which it was therefore necessary that every safeguard which the law provided should be put in requisition. Their Lordships would recollect that this book was made up after this case had originated by the finding of the jury. Ile trusted their Lordships would find the means of accommodating great principles to the machinery by which they were to be wrought, or rather to accommodate the machinery to those great principles which set it in . motion. With those observa tions he would leave the case in their Lordships' hands. Their Lordships having called on Mr. Kelly, Mr. KELLY rose and asked if their Lordships would insist on his going on at that late hour of the night, The LORD CHANCELLOR having stated that they would hear him till eleven o'clock, Mr. KELLY said he should feel it his duty to compress into the shortest space the observations he had to make. He would first advert to the important public questit n now before their Lordships, whether upon one general indictment, where different counts were bad, the court of error must not reverse the judgment altogether ; and he must say he heard no sound reason in any way tending to support the opposite case. In the case of an indictment for several misdemeanours, if their Lordships decided that some of the counts containing distinct charges, upon which one judgment was pronounced, were bad, and that a court of error could not reverse Such a judgment, they would decide that which he submitted was clearly opposed to all principles of law and justice. And he begged to remark that there was no fear of that taking place which the Learned Counsel on the other side contended would take place, namely, that great offenders would escape with impunity. Where a judgment was reversed on the grounds he had stated, there was nothing to prevent the accused from being :tried over again, so that he was surprised his Learned Friends put forward this as a ground why their Lord ships should net reverse the judgment on this ground. He submitted, that there was not even a dictum to support the proposition of his Learned Friend. None of the dicta cited referred to a court of error ; a court of error was not even named. The mode in which! this case had been met was, by saying, that a court of error could not revise a judgment in misdemeanor where one count was good. Ile had looked in vain for au thorities to support that view. Upon motions in arrest of judgment all the cases went to show that if there was one good count the court wonld not arrest the judgment. But the reason was, that they were in the position of a jury, and could there fore apportion the damages. The question was never referred to in a court of error. Lord Mansfield said, " We can lessen the punishment on account of the bad counts," and this was the whole extent of authority to bo found either in civil or criminal cases upon motions in arrest of judgment. The great and important proposition then before their Lord ships with regard to a writ of error had never been argued. In opening this case on behalf of those for whom he appeared, he had admitted that the rule in civil cases was different from that in criminal cases; but the question was, not whether such might or might not have been the impression of any man, but what was the law of England, founded on principle and consistent with authority, on this point ? In the course of the argument, by both his learned Friends approached the only question which was before their Lordships; in stead of meeting the arguments of his Learned Friends, they went on to argue as to the effect of such appeal in cases of larceny or common misdemeanour or murder. But it . was vain to place this case upon the same ground. He and his friends on the same side had been accused of putting hypothetically extreme cases. They ..had not, however, gone so far in hypothetical cases as his Learned Friends on the other side had gone. There could be no doubt that, in all criminal casts, it was admitted that no man could be accused of two distinct crimes in one indictment. The Learned Centlenum was proceeding to cite some more cases, when The LORD CHANCELLOR .said--Have you nearly finished this head, -Mr. Kelly ? Mr. KELLY said he had still a few observations to nvike. • The LORD CHANcELLon—Then we will hear them to morrow, at ten O'clock,: Their Lordihio then adjourned. • , . `~ %'~ ADVERTISEMENTS INSERTED in ALL THE THREE PAPERS, Morning Noon, and Night, thereby insuring a TOWN and COUNTRY CIRCULATION, at ONE CHARGE. NA TIONAL LOAN FUND LIFE ASSUR AXCE SOCIETY, 2G, CORNIIILL, LONDON. Capital .C. 500,000. Empowered by Act of Parliament. DIVISION OF PROFITS. The steady success and increasing prosperity of the Society has enabled the Directors, at the last annual investigation, to declare a second Bonus, averaging 60 per cent. on the automats invested on each Policy effected on the Profit scale, EXAM PLES. ggg !,1 ov-1- pst .4 4- a' cn 9 Premium: I. Bonus Wed. Bonus in Cash. X I £ 8. d. I£ a. d. 1R37170 9 3 60;1000 74 3 4 1838 144 2 2 1839 116 16 0 t. d. 77 b 1 64 b 6 51 5 II .£ s. d. 12 3 9 9 16 4 7 11 9 X s. ds 346 2 3 296 13 4 247 4 3 The division of profits is annual, and the next will bo made in De cember of the present year. This institution offers many important and substantial advan tages with respect both to Life Assurances and Deferred Annuities. The assured has, on all occasions, the power to borrow, without ex pense or forfeiture of the Policy, two-thirds of the premium paid, (see table); also the option of selecting benefits, and the conversion of his interests to meet other conveniences or necessity. Assurances for terms of years are granted on the lowest possible rates. F. FERGUSON CAMROUX, Soc. NATIONAL LOAN FUND LIFE ASSURANCE SOCIETY, " 26, CORNIIILL, LONDON, July 2, 1844. Notice is hereby given, that the HALF-YEARLY INTEREST, at the rate of 5 per cent, per annum on the Capital Stock of this So ciety, due ol; the 30th ultimo, together with the bonus of 2% per cent. declared thereon, will become PAYABLE on the 10th instant ; and Proprietors may receive same on that or any subsequent day, between the hours of Eleven And Three o'clock. By order of the Court of Directors, F. FERGUSON CAItROUX, Secretary. lONDON, EDINBURGH, and DUBLIN ,1 LIFE ASSURANCE, 3, Charlotte-row, Mansion-house, and 18, Chancery-lane, London. The more than usual success which has attended this Company has arisen— From the combination of advantages formerly obtainable partly from proprietary and partly from mutual societies, thereby affording to the assured bonuses, reduction of future premiums, and complete freedom from responsibility. From the indisputability of the policies, leave to travel beyond Europe, the option of payment of one-half of the premiums for the first seven years, and Immediate settlement of claims._ Prospectuses and rates forwarded by the agents and Manager. ALEX. ROBERTSON, Manager. LONDON LIFE ASSOCIATION, No. 81, KING WILLIAM-STREET. PRESIDENT.s—SIT John Cheetham Mortlock. VICE-PRESIDENT.—Sir Claudius S. Hunter, Bart., Alderman. TRUSTEES. I Dease Barnwell, Esq. Charles Perkins, Esq. DLRECTORS. Charles Franks, Esq. Michael Gibbs, Esq., Aid. Richard Baggalley, Esq. Henry Luard, Esq. Thos. Bulcock Burbidge, Esq. Thomas Moore, Esq. Matthew Clark, Esq. . Isaac Nicholson, Esq. Charles DrUce, Esq. Josiah Roberts, Esq. William Gilpin, Esq. Thomas Saunders, Esq. George Hodgkinson, Esq. Wm. Fletman Yowler, Esq. This Society is essentially one of Mutual Assurance, in which the Premiums of its Members are reduced after seven years to the lowest amount consistent with safety. The average rate of reduction, during the last seven years, has exceeded 60 per cent. But the Society also undertakes other descriptions of Assurance, in which the assured do not become members ; and in order to confer on these a corresponding advantage of Reduced Premiums, the Court of Directors, having ceased to allow any Agency Commission, have determined to effect this Class of Assurances in future at the follow ing very low rates, and it has also been determined to reduce the Premiums charged upon existing Policies of the same Class to the same Scale. ANNUAL PREMIUM FOR THE ASSURANCE OF £lOO. AGE. X S. d. AGE. £ a. d. AGE. 4 a. d. 20 I 13 .7 -35 2 7 6 50 4 I 2 25 1 17 0 40 2 15 5 55 5 1 0 30 2 1 5 45 3 6 0 60 6 5 10 The Court of Director - - horised by the Deed of Settlement to lend money on the so policies in this Association. 'Y JAMES BROOKE, Secretary. I are aut ;unity of HENR JMPERIAL AUSTRIAN LOAN of 30,000,000 FLORIN'S, authorised by his Majesty the EMPEROR of AUSTRIA. _ On the 2d of SEPTEMBER, 1844, there will take place at VIENNA, the DISTRIBUTION of 700 GAINS, amounting to 70,1701. sterling. There being only 700 Bonds in all, each Bond must obtain one of the above 700 Gains, the highest of which are 23,0001., 5,0001., 1,5001., 1,0001., &c. &c., and the lowest 501. each. A few Bonds can be had for 1251. each, or with the deduction of the 50L, which they must at least obtain, for 75/. Halves and fifths in proportion, being a considerable reduction from the former price. LOAN of the GRAND DUKE of BADEN of 5,000,000 FLORINS, NEGOTIATED in the YEAR 1841. The SEVENTH DISTRIBUTION will take place at Carleruhe, publicly and irrevocably on the Ist of AUGUST, 1841, when 400 Gains will be obtained. One Gain of 35;000 florins, 10,000, 5,000, 3,000, lee. The lowest Gains being 65 florins caoh; and 12 florins are equal to 11. sterling. Price of a share, 10s. • Eleven for 5/. ; Twenty-three for 101 ., &c. For full particulars and Bonds of the above loans apply to Messrs. J. A. Scbvrarzschild, Bankers, Frankfort-on-Maine, or, to save postage, all applications by letter can be addressed, Mr. A Schwarzs- Child, Plough-court, Lombard-street, London. QILVER SUPERSEDED, and those corrosive and injurious metals called Nickel and German Sayer sup planted by the introduction of a new and perfectly matchless ALBATA. PLATE. C. WATSON, 41 and 42, BARBICAN, and 16, NORTON-FOL IIATE, aided by a person of science in the amalgamation of metals, has succeeded In bringing to public notice the most beautiful article ever yet offered ; possessing all the richness of Silver is appearance —with all Its durability and hardness—with its perfect sweetness in use—undergoing, as it 40C9, a chemical process, by which all that is nauseous In mixed metals is entirely extracted—resisting all acids — 'nay be cleaned as silver, and is manufactured into every article for the Table and Sideboard. Fiddle. Threaded. King's. Table Spoons and Forks, per doz— 16s. 6d. •• 30s. Od. 355. od. Dessert ditto, per doz. •• •• 12a. 6d. •• 255. Od. .. 28s. Od. Tea Spoons, per doz. ••• • • ss. 6d. • • 12 s . 6d . • • 13s. 6d. 'agar Tongs, each • ****** • •.• .• ls. 3d..• . 2s. 2d . . • • .3s. 6d. ;alt and Aluitard Spoons, each •• •• 6s. Od. • • 13s. 6d. .. 133. 6d, Communion Services, &c. C. Watson begs the Public will understand that this metal is peek 'arty his own, and that Silver is not more different from Gold, than his metal is from all others ; on its intrinsic merit alone he wishes it to be tested, and from the daily increasing euloglums he receives, he s convinced that nothing can prevent its becoming an article of uni versal wear. C. Watson's handsomely Illustrated Catalogue and Price Current Is just published, and families who regard economy and elegance, should possess themselves of thin useful hook, which may be had gratis, and post free, from the above address. Ivory Table-knives, Ils. per dozen, Dessert, 9s. ; Carvers, 3r. 6d per pair. TABLE. DESSERT. CARTERS. doz. doz. pair. 31-in. handsome balance handle .... 181. Od. 14s. Od. 6s. 6d. 1-in balance handle, largest and best mad: Ditto with Watson's .Alb.tta Plate bandies, equal to silver.. •• • • .... 225. 6d. 18s. Od. Is. 6d. Forks half the above price. Paper Tea-trays, 355. the Set of Three ; very richly ornamento cOs. the Set of Three. A Five Quart London made Bronze Tea-urn 355. up to 51. A Set of Six London made Dish Covers 18s. 6d. ; Imperial Raised Patent, 3.55. 6d. the Set of Six. WATSON'S, 41 and 42, BARBICAN, and 16, NORTON FOLGATE. These houses have for Fifty Tears ranked pre-eminent for their tiery, which Is always exchanged, if not approved. Rend for his Catalogue, A C C L -r o N; r i p y I 5 C Fyara, N s 10 . T ng, e D h AMASK TABLE. luoii Dinner Napkins r o match, yard square, the dozen Irish Cambric Handkerchiefs, equal to the finest French, per dozen l2s. 6d. Common Lawn Handkerchiefs, 3s. 6d. per dozen ; very good, per dozen Undressed Irish Linen Sheetings, very superior, per pair 128. Ditto, nearly 3 yards wide, without a seam, per pair 156. Oil. Common Linen Sheetings, from 38. 9d. per pair ; and very strong, for servants' use, per pair Irish Linen, stout and free from dress, the piece of 26 3 ands, for 21s. Od. Ditto, excellent quality, 26 yards for 2 55.; and very fine, 26 yards for .. Yard-wide Irish, of the purest flax and finest texture, O' yards tor ....• 425. Od. The Directors of the NA FIONA L LINEN COMPANY, in giving ple)livity to the prices they are selling their MAN UFAC TURES at, and feeling confident, from the increased facility of commuuic Won from their factories, they can offer unprecedented advantages to Ladies requiring household linens, &c., will forward g sods to families residing either in town or country, for approval previous to the payment, and any article sent not giving the most unq talified approbation can be returned. 'I he Company are also bleachers of long cloths, calicoes, counterpanes, nursling, dimities, &c. They respectfully sol cit inquiries of the numerous families, both in town and country, who have patronised their establishment, and who can testify not only to the advantageous prices, but to the superiority of their manufactures and bleach. Prospectuses containing full particulars of the various goods for sale, with lists of p. ices, ear. be had at the atareitnot-s. or by post. Retail entrance, 105, Fleet-street, corner of Forringdon-street, bottom of Ludgate-hill. THE NEW HOUSES OF PARLIAMENT The various buildings that honour the City Haver fen been chosen as themes for a ditty ; Nor shall " The New Houses of Parliament" go Without a few verses from MOSES—No, no We'll show the goo I reader, before we are done, How they bear on the houses of MOSES and SON. While the" Houses of Parliament" shortly will stand, As the principal Court in Britannia's land, The Houses of MOSES and SON are displayed, As the principal mart in Britannia's trade. To the good of the pl)lil they both are devoted, And both with the people are equally noted. Our Houses are open to grant a " RE-DRESS, " Nay, all must a striking resemblance confess. Of course we are not at a loss to decide Which Houses de serve to be viewed as the pride. The good that the public derive ev'ry day Must certainly give t o ova Houses the sway. With regard to the wonderful architect's skill, We've little or nothing to mention. But sti 1, We doubt when the " Parliament Houses" are done, If they rivil the Houses of MOSES and SON. READY MADE. X s. d. _____ _ ____ Tweed raglionter from 0 8 6 Ditto, superior quality, with silk collars, cu ff s, and facings.... 016 0 Cashmerette coats in a variety of shapes:hand•emely trimmed 1 0 0 An Immense stock of Holland aad jean blouses from 0 S 6 Splendid summer vests from 0 2 6 An endless variety of cashmere and Persian vests, splendid patterns .3s. te 8 6 Washing satin vests, warranted Clots trousers . ... from 0 9 0 Single milled does from 0 11 6 A great variety of summer trousers . from 0 7 0 Ores s Coats edged from 1 "II A Frock ditto 1 4 0 MADE TS Mg•Stlltli. Tweed coats, trimmed with silk, made in any shape, water proofed from 0 18 0 Cashmere, fine Saxony, and other light summer materials, made in the first style of fashion from I 5 0 Figured quilting vests, 7s. each, or three for Cashmere vests, in recherche patterns from 0 9 6 Summer Trousers, in great variety of materials ...... 0 10 0 Single milled Victoria, and plain doe trousers Beat quality West of England I 9 Q Dress Coats Best manufactured '2 15 0 Mourning to any extent can be had at five minutes' notice, at the following prices : Men's Suits, dress coat, vest, and tr0u5er5......... ............ from 1 16 e Boys' ditto, jacket, vest, and trousers from 0 18 0 IMPORTANT.— Any article purchased or ordered, if not approved of ,exchanged, or the money returned. Observe—E. MOSES and SON, Tailors, Wholesale and Retail Woolen Drapers, Outfitters, and General Wareh ousemea, 154, Mi nories, and MI, Aldgate,City, opposite the Church. Carrlom.—E. Moses and Son are obliged to guard th 'public against imposition, having learned that the untradesmanlike ialsehood of being connected with them, or it's the same concern, has oecn resorted to in many instances, and for obvious reasons. They have no connexion whatever with any other establishment, and those desire genuine Cheap Clothing should (to prevent disappointment, &c.) call or send to, 151, Minories, or 86, Akigate, opposite the Church. N.B. No busine.4s transacted at this Establishment from sunset on Friziav till sunset on Eaturday, when business is resumed till twelve o'clock. ROYAL POLYTECHNIC INSTITUTION, LONGIIOTTOM'S PHYSIOSCOPE exhibits the human face with its varied expressions, on a gigantic scale, curiously contrasted with the living man. The OPAQUE MICROSCOPE magnifies ef fectively a succession of WORKS of the FINE ARTS; also casts of INSCRIPTIONS, taken by Miss Wilson from the WALLS of the TOWER of LONDON, cut by Lord Guilford Dudley and other State Prisoners. Arrangements have been made for Dr. RYAN to deliver VARIED LECTURES on the evenings of Monday, Wednesday, erW Friday; and Professor BACIIHOFFNER on Tuesday and Thursday evenings. These Lectures, as well as the Morning Lectures, will abound in . interesting experiments. ARMSTRONG'S HYDRO ELECTRIC MACHINE. DIVING BELL and DIVER. NEW DISSOLVING VIEWS, &e. Sec. The Music is conducted by'T. Wallis, Mus. Dec. PAR COURRIER EXTRAORDINAIRE. LA SUITE DU "JUIF ERRANT." COURRIER DE L'EUROPE (Bohain's French Newspaper) will publish, every Saturday, two chapters more than any other London journal of the WANDERING JEW, by the Author of " Le Mysteries de Paris." ,Le Courrier de l'Europe, during five years, has presented to the English reader a complete resume of the news of the week, and textually all the best articles on politics, and literature, romance, and poems, &c., published in the Parisian newspapers. Subscriptions, 6s. 6d. per quarter,. received at the office, 10, Wel lington. street ; by Joseph Thomas, 1, Finch-lane, Cornhill ; and all newsmen. Single Numbers, 6d. each. Those containing the com mencement of " Le Juif Errant" may still be obtained as above. The Fourth Edition, with Important additions, price Bs. 6d. 4 TREATISE on INDIGESTION; illus trating the Symptoms, Causes; Varieties, and Treatment of the prevailing Disorders of the Stomach and Liver, with Observations on some painful Complaints originating in them, especially Nervous Affections, and showing the debilitating Effects of Carbonate of Soda. By T. J. GRAHAM, 111. D., &c. " We sincerely recommended it, and have long been convinced that such ,a work was imperatively called for."—London Medical 'Journal. " It is evidently the result of close attention to, and much expe rience in the subject. Mr. Abernethy spoke highly of it."--British Magazine. London: Published by Simpkin and Co., Paternoster-row; end Hatchards, 187, Piccadilly. Of whom may may be had, by the same Author, Eighth Edition, price 168., 2. MODERN DOMESTIC MEDICINE; a comprehensive Medical Guide for the Clergy, Families and Invalids, with a copious Collec tion of Prescriptions, &c. " It is altogether dclerving of permanent popularity."—London Weekly Review. 3. On the DISEASES of FEMALES ; a Treatise in which the subject is fully considered. With Cases, and a Medical Glossary. Third edition, price I la. " It is an admirable performance, and should find a place In every family - establishment."—Bath Herald. " It contains a mass of information invaluable to those for whom it is intended. and simpasses, in value any other book of its character." —Blackwood's Lady's Magazine. TIIE PHYSIOLOGY OF THE PASSIONS. " How to live happiest, how avoid the pains, The diappointments, and disgust of those Who would in pleasure all their hours employ." Elegant pocket edition (20 engravings) price Is., by post Is. 6d. 0 N CHASTITY—its Abuses and Diseases—On Marriage—On Infelicitous and Unproductive Unions—On Ma rital Eligibility and Untitness—Law of Divorce. By R. J. CULVEILWELL, M.D., Member of the Royal College o Surgeons. " Not in vain such labours have we tried, If ought this book, the fickle health confirm. To you, ye Delicate! I write for you, I tame my youth to philosophic cares, And grow still paler by the midnight lamps." Art of Health. Sherwood, 23, Paternoster-row; Carvalho, 147, Fleet-street Hannay, 63, Oxford-street; Mann, 39, COllllllll ; and the Author, 2 Arundel-street, Strand. At home, daily, till Two, evenings, Seven till Nine. LAMENT ON DEBILITY, NERVOUSNESS, ANN ALL. DISORDERS ARISING FROM EXCESS, &c. " He who in pleasure's downy arms Ne'er lost his health or yeuthfu 'charms, A hero lives, and justly can Exclaim, in me behold a man !" Jusrpublished (in a sealed envelope), Tenth Edition, price h. fid., or sent by post, free, to any address, 3s. 6d., QELF-PRESERVATION : a Popular Essay on those concealed disorders originating in youthful excesses, and terminating in Nervous Debility, Local and Constitutional Weakness, and all those Sinkings, Anxieties, and Tremors, which afflict the Weak, the Sedontary, and the Delicate. With Practical Observations on Marriage, and on the Anatomy. Physiology, and Diseases of the Reproductive Organs, with plain Directions for their perfect Restoration. By SAMUEL LAMERT, Consulting Surgeon, 9, BEDFORD-STREET, BEDFORD-SQUARE, LONDON, Matriculated Member of the University of Edinburgh, Honorary Member of the London Hospita 1 Me..dical Society, Licentiate of Apothecary's Hall, London ,&c. " The various positions of Lover, Husband, and Parent, the in herent privileaes of mankind, are frequently marred and prevented through the follies and frailties of early indiscretions. To such, among others, this Essay addresses itself ; and by its perusal many questions may he satisfactorily adjusted that admit of no appeal even to the most confidential friend."—Stafford Gazette. " The design of this work will be tolerably obvious from its title, and we cordially recommend the author and his book to all who are suffering from nervous debility and general weakness."—Wakefield Journal. Published by the Author, and sold in London by S. Gilbert, 51 and 52, Paternoster-row; Starie, 23, Tichborne-street, Quadrant, Regent street; Ilannay and Co., 63, Oxford-street; Noble, 114, Chancery -1 lane; Gordon, 146, Leadenhall-street ; and by all Booksellers. At home every day till Three, and from Five till Ei hi THE STATE TRIALS. (FIFTH DAY.) WRIT OF ERROR. HOUSE OF LORDS, July 9. TUE QUEEN AGAINST O'CONNELL AND OTHERS. The ATTORNEY-GENERAL, for Ireland (in continua tion from our Afternoon Edition of yesterday), said— The challenger stated that fifty-nine names were omitted which ought to have been returned ; and he then went on to state that from the said paper writing a certain book, purporting to be the jurors' book for the year 1844 was made up, from which the special jury list was made out. It was not denied in the challenge that a general list was made up by the Recorder—that it was delivered by him to the clerk of the peace—that the clerk of the peace made up, in pursuance of the Act of Parliament, s book from the general list, which he delivered to' the sheriff, and that the sheriff from that made up the special jury list; yet it was now contended that this omission invalidated the jurors' book, though the omission might have either occurred through mistake on the part of the Recorder's registrar, or at the dictation of one of the defendants, or any other person unconnected with the Crown. He certainly thought their Lordships would come to the conclusion that it would be impossible for him, on the part of tho Crown, to take issue on an aver ment of that kind, and that he should be guilty of a breach of his duty to the Crown if he had joined issue upon it, and, notwithstanding all the obloquy which he had been suffering in consequence of it in Ireland, he was the more strengthened in the opinion that he had acted properly, because his . Learned Friend the Attorney- General was of opinion that ho ought not to have done so. lie bee red to call their Lordships' attention to sec lions 35 anf36 of the Act of Parliament, which would show in what cases names which were omitted might be inserted. In the 35th section of the Act there was a specific provision to meet the particular case of fraud, and penalties were provided if it was proved that the collectors had fraudulently omitted any names, and in that particular case the book was to be corrected, if there was either a wilful insertion or omission of names, which ought not to have been inserted or omitted. The 36th section stated the penalties which should be suffered by persons who were found guilty in this respect, and it gave power to the justices before whom such conviction took place, to certify to the clerk of the peace that such wrong omission or insertion had occurred, and the clerk of the peace was to make a list in which such wrong insertion or omission was to be cured. Thus their Lord ships would see that the Act of Parliament had specifi cally provided for those cases where there was a wilful insertion or omission of the names, and the means of amending such insertion or omission was pointed out ; yet it was said that he should have made the amendment in the list in defiance of the Act of Parliament, which specified those particular cases in which the Act of Par liament provided that amendments were to be made. Lord CAMPBELL—Had you censented, with the con sent and privity of the traversers, that such a course should be adopted, could the traversers have assigned for error that the Act of Parliament had not been properly complied with? The ATTORNEY-GENERAL (for Ireland) apprehended that in that case the jurors book would not be a good jurors' book, and if the parties challenged that they were tried by names not in the jurors' book, his consent would not be a good plea to the challenge. He submitted that it was really the object of the Legislature to take away the challenge to the array, and to pri elude the sheriff from exercising any control over the list. The next point to which he should call the attention of their Lordships was that of the pleas in abatement. Their Lordships would understand, from the manner in which the record was made up, that all these pleas in abatement exactly corresponded with each other, without the slightest difference. They all sought to raise this question, that the witnesses before the grand jury ought to have been sworn under the provisions of the 58th of George 111., that is to say, they ought to have been swore in open court, and that, not having been so sworn, the proceedings Nitre altogether illegal. Now, he con tended that all these pleas were both insufficient and informal. Both in England and in Ireland it was necessary that pleas 'in abatement should be verified. Now there was no allegation that the names of the wit nesses who were sworn were unknown to the plaintiffs in error. He then cited from Comyn an opinion of Lord Holt on this point, where that learned authority stated that a matter could never be assigned as error which the party might have pleaded in abatement, as it must be taken for his own folly that he had omitted to do so. The whole object of the assignment of errors in fact was to amend the plea in abatement. For this purpose only one error in fact could be assigned though as many errors in law might be assigned as a party pleased. As only one error in fact could be assigned, they could not allow that to be assigned as an error in fact at two periods of the same proceedings, which they would not allow to be assigned as error twice over. He submitted that on the principle laid down in the authori ties already cited, they could not assign an error in fact and use it as a plea a abatement also. It could be proved by the Journals of the House of Lords, that their Lordships, on a writ of error, would not investigate matters of fact in error, and would not, therefore, re verse a judgment on a matter of fact ascertained. Lord CAMPBELL_I believe if you look at the books you will find that in nullo est erratum admits the fact, and if you wish to traverse it, you must deny the fact. The ATTORNEY -GENERAL (for Ireland)—He would apply himself to that point,. Upon an assignment of error, the Court of Queen's Bench could not have denied any of the facts in dispute. Lord CasarnELL—D o you say that if the record were brought by writ of error to the superior court, that court could not review the .judgment of the court below, and overrule the error assigned in fact ? The ATTORNEY-GENERAL (for Ireland)—l respectfully submit that to your Lordships. The LORD CIIA.NCELLOR—It comes here as a question of law. The ATTORNEY-GENERAL (for Ireland) thought he was justified in asserting, that if this matter came on upon a writ of error in England, it could not stand for one moment. It was stated in Teesdale's case that at Durham it had been the uniform practice for the foreman of the grand jury to swear the witnesses. The practice was so stated by Sir Gregory Lewin ; and if it were not justified by the common law, it never could have passed without objection. Before the 56th of George 111. c. 87, a practice had prevailed in many of the grand juries in Ireland of their finding a bill of in dictment without examining witnesses for the crown, The object of that Bill was to make it compulsory to swear witnesses in open court previous to the finding. of the bill of indictment. Their Lordships would Ob serve that all the pleas in abatement admitted that the witnesses should have been sworn under the Act of 1816 —the Act to empower the foreman of any grand jury in Ireland to administer oaths to witnesses in Ireland. The Act of 1816 was admitted to extend to every grand jury in Ireland. The mischief to be remedied was, that the informations were laid before the grand jury, and no witnesses were examined viva voce, the object being to substitute viva voce examinations for written testimony; and, as one of the Learned Counsel had afl verted to the practice in the House of Lords, he sub mitted that the swearing of witnesses whilst the pro ceedings were going on led to some confusion, and that the oath so administered was not so impressive as when a dminstered by those who had to receive the testimony. Persons sworn in court might not be examined for two or three days, and certainly the impressiveness of an oath, might lose its force in that interval, which used to occur before the Act of 1838. That Act was an im portant general remedial measure. The preamble stated that the practice of swearing witnesses in court was at tended with great delay and inconvenience. Since that time, in all the commissions that had been issued, and tried in the Recorder's Court in Dublin, the witnesses "'e sworn if, the pr e se grand nted jury,for the appellants, the Act How, then, would the case did not extend to Commissions in which the judges of the superior courts were included ? It frequently hap pened that the jury ha d be en charged b y t h e R ecor d er , had retired, examined th e w itnesses, and found the bills by the time that the t wo j ud ges came into court. Now, er be was it necessary that all the witnesses should be re-sworn in open Court before the Judges, and the whole of the proceedings gone over again ? Yet, if this objection were good, such would be the case ; and every man who had been convicted and transported under these commissions was wrongly transported. It was \a cu rious coincidence that the first judge who charged a grand jury under • the Act was Baron Wolfe, whose name was on this bill. Lord CAMPDELL---Ilad he the Act before him at the time ? The ATTORNEY-GENERAL (for Ireland) did not kn& w. But he thought that when a judge instructed a jury on the construction of an Act of Parliament, he would have made himself acquainted with that Act. In the enacting part of the Bill it was enacted, that " in all cases which should come before grand juries in Ireland for their consideration," the witnesses might be sworn by the foreman or other members of the grand jury, and that the cl rk of the crown at assizes, and the clerk of the peace at sessions, should endorse the names of the witnesses on the back of the bill. Mr. Kelly laid great stress upon this point. The Right lion. and Learned Gentleman then proceeded to refer to cases on the subject, in the 2d Institute, pages 393 394, and 426. He did not think it was necessary he should trouble their Lordships w i th any further “b • serrations on the i ass_gument in error, except with respect to Mr. Steele's assignment of error in fact, and that he ventured to say could not be sustained for the reasons he had already mentioned. He admitted that all the w i tnesses had been sworn, but that the officer not having put his initials on the bill, the whole was in valid; now he submitted that it was not. He would now shortly call the attention of their Lordships to the in dictment in the present case. He thought he had some grounds to complain of some of the Learned Counsel who appeared on behalf of the plaintiffs in error, one of them having adverted to matters that were not within the record. Wh oever had instructed the Learned Counsel to make the statement he did had instructed him to state that which was not true. 'Haying said • thus much he would proceed with his arguments notwithstanding the language that had been used by one of the Counsel for the plaintiffs in error, who in speaking of the vituperative language of some parts of the indictment, seemed to have made use of it himself, because he said that nothing but confidence in a political jury could have induced this indictment to be framed as it had been. Nothing in his opinion could have justified counsel in making such observations. The fifth count of the indictment appeared to be the first to which an objection had been made, and the reason probably there was no allusion made to the earlier counts was that the fifth and subsequent counts were embodied in a different way. By the fifth count the defendants were found guilty of unlawfully and maliciously conspir ing to creffte discontent and disaffection among the sub jects of the Queen and to the Government. Now the first case on the subject was the case of the King v. Redhead Yorke," reported in the State' Trials. The Right Hon. and Learned Gentleman then quoted from the 9th volume of Carrington and I'ayne's Reports, page 275, the case of the " Queen v. Vincent." Vincent had been one of the associates of Frost, who had been found guilty of high treason. Frost had not been tried up an the indictment for conspiracy, but Vincent had been tried. .The first count on which he had been in dicted charged him with conspiring to excite discontent and disaffection amongst the liege subjects of her Ma jesty against the Constitution, and of endeavouring by assembling a large number of persona to excite peril and alarm in the mind of her Majesty's liege subjects, and by exciting such peril and alarm to procure a change in the Constitution. In thatcase the jury had found Vinccnt guilty. He had procured a copy of the indictment from the so-. licitor of the Treasury. The indictment had been tried on the 2Gth of March, 1840, and the indictments in that case were identical with the present. One of the Learned Counsel who had addressed them on the present occasion for the plaintiffs in error, and who had par ticularly directed their Lordships' attention to that. count in the indictment, had been one of the counsel for the Crown when Vincent was tried. But what was discontent and disaffection in 1840, when the Learned Gentleman was in office, be came legitimate opposition in 1844. However, the case of the " Queen v. Vincent" was a precedent for them. The ease of the " King v. Hunt" furnished a similar precedent; and there was another precedent in the ease of " Law v.' Allan," reported in the 2d Lynch, page 796. That was a precedent for an indictment for general conspiracy. In that indictment it was al leged that Law had conspired to seduce men from their allegiance, without stating when or by what means. The Learned Gentleman then quoted the case of the " King v..11e l3erenger," as a precedent for the present indictment. The same observations applied to the 6th • and 7th counts of the indictnient. The Learned Gentle. man on the other side had put the case of a mob who met to intimidate another mob which sought to procure changes in the law and in the Constitution. But a mob meeting for this purpose was not a mob meeting for the purpose of producing changes in the law by intimidation and the demonstration of physical force. . Lord BROUGHAM—That would not be an answer to the case put by Mr. Kelly. He put the case of an- Orange mob awning down to intimidate the Houses of Parliament, and then he supposed a loyal mob coming down and saying that they would prevent the Orange mob from intimidating the Houses of Parliament, in order that the Act of Emancipation, or any other Act, might be passed. The ATTORNEY-GENERAL (for Ireland)—That would be a mob going down to intimidate the Orange mob, but it would not be a mob met for the purpose of procuring changes in the Constitution. Lord BROUGHAM—Yes, - it would, for they came down to intimidate the Orange mob, in order to procure the Emancipation Act. The ATTORNEY-GENERAL (for Ireland) apprehended that a mob coming down to free Parliament from the pressure of another mob, would not be a mob convened to procure alteration and changes in the Constitution. The LORD CHANCELLOR—BUt would it be a mob unlawfully, maliciously, and seditiously convened? Lord BROUGHAM—Aye, aye, that is another question. The ATTORNEY-GENERAL (for Ireland)—When their Lordships -came to examine the count they would find it did not apply to such meetings. There was nothing dissimilar in it from the count in the case of Feargus O'Connor, which had been tried before Mr. Baron Rolfe, in which the judgment was arrested on the count in which he was found guilty, because the count was with out a venue. Lord DENMAN said there were two counts in that case on which the defendant was convicted. One of those counts they considered too general, but they gave no judgment, as the party was not brought up for judg ment. They also thought that the venue count was not good. The ATTORNEY-GENERAL (for Ireland)—The Learned Gentleman on the other side alluded to the words, the demonstration of great physical force, and said, that they meant nothing. He would refer their Lordships, on this point, to the language used by Lord Chief Justice Tindal. He then read the judgment of Chief Justice Tindal, and proceeded to say, that though the large meetings might be for a more innocent purpose than high treason, yet the holding those. meetings, certainly amounted to an aggravated misdemeanour, as it was impossible to say to what consequences they might not lead. It had been alleged as an -objection to this count, that it was not stated who were the parties who were to be in timidated ; but ho contended that this was not necessary ; in the case of a conspiracy to defraud generally, it was not necessary to state who were to be defrauded. He next proceeded to the counts which charged a conspiracy to bring the tribunals of the country into hatred and contempt. He could con ceive no more grave offence than thus endeavouring to bring the administration of justice into disrepute. In the case of the riot at the theatre in Dublin, in which a bottle was thrown at Lord Wellesley, it was decided that though the parties had a right to express their ap• probation, yet what was right in the individual, was illegal when there ,was a pre-combination for that pur pose. In the case of the officers in the East India Company's service, reported in 4th Burrow, the parties were all indicted for a conspiracy. Lord Mans field held.that, although each individual had a right to say " I will throw up my commission because hatta has been refused," yet an agreement to that effect constituted a conspiracy. The Learned Counsel then went on to show that the indictments in these cases • we're similar to the count for endeavouring to procure a change in the law by a demonstration of phy sical force, and read the count for that purpose. His Learned Friend had so ably argued that part of the case that he would not trouble their Lordships by ar guing it at greater length. As to the extreme cases which had been put by the other side, such as the con spiring to steal a loaf of bread on one day, and conspiring to fire a house on the next, he would only say, that no judge would allow two such offences to be in cluded under one conspiracy. As to the ques tion of good and bad counts, there was no analogy in civil and criminal cases. In civil cases there could be a venire de novo ; but that could not apply to criminal cases. The court of assize could not make up its record with such a distinction between good and , bad counts. They could not enter up a judgment non obstante vere dicto ; neither could they enter a verdict of acquittal. It was no matter how many counts there were in the in dictment, the question was whether the party was guilty of the offence charged in the indictment, and was there a finding to warrant the judgment ? If the arguments on the other side were to prevail, it would strike at the full scope of criminal justice. He trusted their Lordships would not come to any conclusion that would do anything to alter the whole mode in which the criminal business of the country was transacted. There was another point to which he would slightly ad vert, and that was the point raised upon the first count of the indictment. It was not necessary that they should all be pronounced guilty, there was nothing inconsistent in saying that same might be guilty of the whole and some in part, and if that was without the issue it puts an end to the objection. As to the dis continuance point theirs ordships had received no answer of any entries that had been made in accordance with the ancient custom. The LORD CHANCELLOR said, that if the Hon. Gentle man the Att'rney-General for Ireland had any point on which he wished to remark, their Lordships would hear it when they re-assembled in an hour and a half. The further hearing was then adjourned till half past six. Their Lordships then re-assembled at a few minutes after seven o'clock._ _ _ _ _ . The ATTORNEY-GENERAL (for Ireland) resumed. He then proceeded to cite authorities in support of the pro position which ho had laid down previous to the adjourn ment, and also re-stated his argument in reference to repugnancy. On these grounds he submitted that suf ficient cause bad not been shown for reversing the judg ment of the Court of Queen's Bench in Ireland. The Learned Counsel closed the case fur the Crown at half-past seven. Sir T. %%TILDE, before proceeding to address their Lordships apologised for not appearing in his wig, re questing that he might be excused from wearing it on the ground that it produced headache. 'the TARE , CII4I*ICELLOR said, himselfand the Learned Judges , felt the same inconvenience. This permission must not be taken as a precedent, and what the Learned Counsel curtailed - in the wig was not to be added to the argutnent.—(Laughter.) Sir T. WILDE then proceeded with his reply on behalf of the .defendants. He said, some of his Learned Friends on the - opposite side had remarked upon the State trials and the circunistances which had attended some of them. He could not help thinking, that if the present judgment were affirmed, it must be referred to a period two hundred years back. The indictment charged the defendatitS with certain political conspiracies in 'terms as general as any which could be found. The charge was one which might be made at almost any time against a political opponent. It was spread .over nine or ten counts, supported by the speeches of diffe rent persons, anlthe contents of newspapers. A charge :of that nature could at any time be brought against a political opponent. But not only was this case brought forward in a form suited to the worst of times and the worst of places, but if their Lordships yielded to the arguments on the other side, the challenge of the jury was entirely gone in Ireland. His Learned Friends, who appeared on behalf of the Crown, had supported their case by more positive assertions than he had ever before heard in a case of that nature. Every difficulty was removed by a statement that so and so was the settled practice, the constant usage, and this statement was accompanied by an absolute inability to produce a single precedent. He had before stated, that this was the first case in which counts so generally framed had been brought before the House of Lords. It was im possible to produce an instance in which the court had ever given judgment upon an entire record, without ex amining what counts were good. The judgment was always entered upon a good count, and the difficulty in doing so was altogether ima ginary on the part of his Learned Friends. Cases in point had recently occurred. Now, his Learned Friends had first to meet the general charge that this indictment did not contain, at least in some of its counts, a suffi ciently distinct legal charge. He was free to admit, that acts which individuals might innocently do separately were made criminal by combination. Such was the case where the agreement nag calculated to oppress a par ticular person. If the officers of the East India Com pany entered into a confederacy to embarrass and injure the Company by all resigning at one time, he 7 admitted that though each might laWfully have resigned at his discretion, a confederacy to resign as oulti be illegal. So also he admitted that if a certain number of persons combined not to deal with a particular tradesman, that would be an offence in law. He would not ask the Counsel for the Crown to say, whether there was any such conspiracy in these costrits. It had been said that there were cer tain articles in a literary work which were calculated t, disturb the public peace. He admitted that there were several matters charged which might tend to disturb the public peace. But he asked, were these rightly charged in the indictment, or rightly found in the verdict ? Take the count which charged with conspiring to stir up hatred and jealousy between the subjects of the Crown, and dissatisfac:ion and hatred towards the Government. What could be mare general than this ? every Opposition tes the Government was accused by those in poWer of the same offence. But how was a man to know of what he was accused under a count like this? If this could hold good, any man taking part in politics might be entangled—no man could be safe from the charge of 'conspiracy. Looking at the nature of the evidence by which such charges were sup ported, their Lordships were to look to the terms in which the charge was stated in the indictment, and whether it wax enough to enable the accused to know what he was called on to answer. There was scarcely any political discussion that would not be liable to the same imputation of stirring up hatred and between dif ferent classes of her Majesty's subjects. Why should it be made a matter of conspiracy for men to join in endeavouring to obtain a repeal of the Act of Union or of any other Act 2. He hoped that these words were too vague to be tolerated by their Lordships. Now with respect to the meetings to intimidate—Mr. Justice Burton stated that they were the more dangerous be cause they were so peaceable. They were as quiet as Quakers, and quite as dangerous. The only object o! those meetings was to show the concurrence of mind of great numbers in one common object: It was ad mitted that there was no alarm, no intimidation? Had not those persons a right to ask what is the intimidation with which you charge us.? There were no arms, no violence, no dis order, no intimidation. But was it a legal charge to say that men conspired to intimidate, when they took every precaution that there should be no intimidation? He submitted that this charge was so vague that no subject of a free country ought to be put upon his trial for it. The calling of large meetings to show the extent of public opinion on the corn-laws, the Reform Bill, or any other, was not liable to such a charge. He thus dis posed of the sixth count. The seventh count charged them with conspiring to effect the repeal of the union by a great demonstration of physical force. That demon stration was to be found in the large meetings, which gave none of the alarm which intimidation implied. It did not even shake the nerves of the Government: The object—the avowed object of those who called the meetings—was to demonstrate what numbers were de sirous of the repeal, and that object was perfectly legal. It was not asserted in the indictment that the obfect was illegal. The next . count (the eighth) was that they conspired to set aside the authority of the courts of law in Ireland. How had the defendants done this? They had done no more to bring the courts of law into contempt, or to set aside their authority, than to recommend arbi tration, instead of an appeal to the expensive and un certain law courts. But he would admit that such legal object might be sought by illegal means. But then you should show the illegal means—you should prove that they were resorted to, or were intended to be resorted to. It was quite competent to any man, or body of men, to point out the inefficiency of the existing courts, and to suggest a substitute for them. That might be done in unbecoming language, and in an illegal manner, but no such thing was charged in this count. The next count charged the defendants with conspiring to assume and usurp the prerogative of the Crown, in the establish ment of courts for the administration of the law. All that he would say of that clause was, that it was so vague and general, that it was unnecessary for him t•, occupy their Lordships by one word more than calliu•; their attention to it. He submitted that these counts were substantially bad. He owned that he had heard with surprise the Learned Attorney-General for Ireland say that their Lordships were to take their law from the Courts below. He had always thought that the Courts below were to take their law from , their Lordships. When a course of proceeding has arisen in the courts below, and which came before their Lordships, it was new to him to hear that their Lordships were to take their law from the courts below. Considerable looseness had been allowed to creep into indictments for con spiracy of a private nature ; it was now sought to allow it to creep into indictments for political conspiracies. This might lead to very serious consequences. There was extreme danger in allowing a loose practice to creep into a law under the idea that it must be correct, because it had not been appealed from, when they must recollect the enormous expense Oarties were put to before , they could obtain the benefit of their Lordships' opinion—a great luxury, he admitted, when they did het it, but a very high priced one, and out of the reach of those who could not afford to spend hundreds of pounds to obtain it. He then called their attention to the third count. His Learned Friends had stated that if the indictments were not gene ral it would lead to many criminals escaping. But he referred them, for the very form of the process of setting aside a verdict, to Hales' Pleas of the Crown, ch. 29, in the case of Vaux, who was indicted for murder, prz cured the first verdict to be set aside, was tried de novo, and was hanged. Lord Hale considering that it was a hard case, as he ought to have been able to p!ead his former trial. In this case would be found the regu lar forms of the judgment and the discharge of the pri soner, by reason of the defect in the indictment. The jury is bound to decide upon every point of the indict ment, and if they found the accused guilty of only one part, they were bound to acquit him of the rest. With respect to the third count, what was the meaning of the finding? Nothing could be more precise or distinct than this, that the finding convicted the defendants on all the matters charged against them on the premises, and not only of the whole matter, but in the manner and form in which the premises were charged. The matter charged was a conspiracy with a certain number of persons. But an acquittal of A. for conspiracy with B, did not, prevent A from being afterwards indicted for conspiring with C, D, E, or F, or any nuin ber of letters. And here Mr. O'Connell, Mr. Barrett, and Mr. Duffy were found guilty of conspiring with Mr. J. O'Connell, Mr. Steele, Mr. Ray, Mr. Gray, and Mr. Tierney. Now if Ais acquitted on a charge of conspir ing with B, they must acquit B of conspiring with A; one man could not be guilty of conspiring with himself. So if Mr. D. O'Connell, Mr. Barrett, and Mr. Duffy are charged with conspiring with Mr. Steele, Mr. Ray, Mr. Gray, and Mr. Tierney, and these last are acquitted of conspiring with the former, that finding negatives the verdict of guilty against Mr. D. O'Connell, Mr. Barrett, and Mr. Duffy ; the record showed the finding to be re pugnant. The subject of ..the challenge was a fearful point. It was a fearful point to hear his Learned Friend say that the Act of Parliament had taken away the right of challenge to the array. The LORD CHANCELLOR—It does not take away the right. Sir T. WILDE said it did not, but he . had understood his Learned Friend to say so. However, he would not further discuss it, although the argument went a long way to take it away. The Attorney-General had read the challenge in a curious way. He had read certain parts, and then commented upon them so long that their Lordships had lost the connexion between the parts which he had read and the parts which: followed. Sir .W. Follett had said that the Recorder could not acljnii caw upon the jury list, but he had altogether omitted to state that the Recorder had to adjudicate upon the quali fications of the persons who are to be placed upon that list; so that he had, in fact, to adjudicate upon the list. Having made the list, that list was delivered over to , form the jurors' bbak, and from that jurors' book .the panel was arranged, so that. the Recorder did, in fact, select Owe persons who were t6-' serve on the . special jury. The Recorders' list w as .the foundation of th e jur y boak—the jury bo.,k. was the foundation of the jury list.. Now the challenge averred that the Reconter did not make out and . deliver his list according to the terms of the statute, •uud he ap prehended that the cha'lengers had done their duty in so stating. The Attor ne y-G e neral complained th a t the challenger did not go on to aver that he had delivered another list furnished him by some person unknown. 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