The Sun. — London, England, 1847-01-29 00:00:00

LAW INTELLIGENCE . VICE-CFIANCERY COURT, Jan. 28. - (Before the Vicz-CnANctLtou of ENGLAND.) - THE HUNGERFORD MARKET COMPANY V. THE cHARING CROSs-BRIDGE COMPANY—INJUNCTION. Mr. BurnELL (in continuation from our Afternoon Edition of yesterday) said—lie therefore submitted that the cour fiable, se pursued by the Bridge Company was altogether unj and one which the Court would never sanction. Repeated ne gotiations on the subjec t had taken place between the t w o companies, but the proposition of one day was rejected the next. These negotiati, that he - 't urned such a cha racter at one period gas sure, when he came to react them to the Court, his Honour would be almost led to believe they were negotiating between p otentates, ra ther than between gentlemen forming two important companies. The Vicu-CDANDELLOR.—You mean, I suppose, that the nego t i a ti o ns are more like p rotocols than anything else. Mr. BETIIELL—Just so, Sir. The Learned Counsel then proceeded to read, at considerable length, the davits on behalf of the application, detailing minutely theresolutions that bad been come to, and the negotiations that had taken place. The VICE-CITAXCELLOR wished to know what was the case on the part of the defendants? Mr. RoLT, who, together with Mr. Bigg, appeared as Counsel for the Charing-cross-bridge Company, observed, that he should rather have expected the Court to have asked what was the case of the Hungerford Market Com pany.—(A laugh.) The case of the defendants was founded, as no doubt the Court had some slight notion, on the lease. The VICE-CHANCELLOR —AS to the negotiations, they all go for nothing. Mr. Rot:r said that the only point between them turned upon the covenants in the lease. The plaintiffs had thought fit, for the support of their own case, to read certain resolutions and negotiations that had taken place; those negotiations had nothing to do with the question now in dispute. The defen dants contended that the construction put upon the covenant in the lease by the plaintiffs was altogether an erroneous one. The Learned Counsel then proceeded to read the affidavits on behalf of the defendants, in answer to those tiled by the plaintiffs. The VICE-CIIANOKLLOR wished to know whether the point in dispute was such a one as was capable of being decided by an action upon the covenant. Mr. GlFFARD—Certainly. Mr. ROLT said ii was quite clear that such an injunction as had been asked by the plaintiffs, without their having been in possession of their legal rights, or without a legal decision, could not be granted. Mr. BleruELL said, that if the plaintiffs could bring any action, they would do so. It was utterly impossible that the Market Company could part with that which was worth at least 3,0001. a year to them. Mr. BOLT said that the Bridge Company had offered to the Market Company everything to which they were en titled. Mr. BETHELL observed that that was for the Court to de cide. When his Honour had stated his opinion to be that the Market Company were baund to distinguish every steam boat passenger, then his Learned Friend (Mr. Rolt) might say, and not till then , that the Bridge Company had offered them everything to which they were entitled. The Learned Counsel then proceeded to contend that his clients were entitled to the injunction which they asked f( r. The Market •Company had performed their part of the covenant in the lease, and having done so they were entitled to call upon the defendants to perform theirs. There could be no doubt the true construction of the covenant was, that free access should be given to all steam boat passengers across the bridge from the market end to the first tower, where the float was placed, and he would leave it to the Court to determine, after the statements in the affi davits he had read, whether that free access had been given. 'lf the Court wished the case to go to law, the plaintiffs would take it there, but the inj wiction, he submitted, must be granted in the meantime. if the Court sent a case to a court of law, he hoped it would be directed to the Court of Common Pleas, because it might be tried next term. At the conclusion of the arguments of Mr. Bethel], on behalf of the plaintiff, the further consideration of the case was adjourned till Monday next, the last day of term. --- COURT OF QUEENS BENCH, Jan. 28. TILE CORPORATION OF LONDON r. FLOCKTON AND OTIIEPS. The defendant in this case and three other persons, named Parsons, Knowell, anti Manning, had pleaded guilty to having erected a pier at Paul's Wharf, belonging to the Watermen's Company. They now came up to receive the judgment of the Court. Mr. Justice PATTESON, in passing sentence, said they had pleaded guilty to an indictment which charged them with having constructed a pier which was a nuisance to the navi gation of the river. They had first pleaded not guilty, but subsequently they withdrew that plea ar.d pleaded guilty. It appeared, however, that the pier was not removed after they had so pleaded, and that it re mained in use until, he believed, the 19th of November last. It was then removed for a short time, but it was again re placed. The defendant Flockton was the principal offender, inasmuch as he was a director and manager of the com pany, and the pier was constructed under his instructions the other defendants having only acted as servants under his: directions; but the Court was willing to believe the statement in his affidavit, that lie had no thing _to do with the subsequent re-construction of the pier, and that at that time the property in it had reverted to another company. It was, at first, supposed that that transfer was col naive, or at least with the understanding and _ knowledge that those to whom it was transferred should re erect it, but the Court was willing to believe that it was not done with that intention. Ithadbeenuraed in their behalf that the corporation had erected piers equallyoljection able in various parts of the Thames, one especially cf a permanent character, having been pressed upon the attention of the Court ; but the Court could not look upon such piers as being nuisances, nor ceuld they express any opinion whether indictments ought or ought not to be lodged against them. It was clear that the pier in question was a nuisance to the navigation ; and as they did not abate it at once, or when they Pleaded guilty in June last, the Court could not pass over the offence so leniently as they otherwise might have felt disposed to do, and the Court wished it to be fully understood—he did not know whether those who had bcnght the pier were present — but the Court wished them fully to understand that if they continued a pier, which was a nuisance to the navigation of the river, notwithstanding a jury had taken cognizance of the matter, and declared that the pier was most objectionable, the Court would certainly visit such an cffence with severe pnnisli ment, because they could notsu tier per3ons wilfully and openly to disobey the law, and to do that which they knew they hid no right to do. They also wished it to be distinctly under stood by those who acted under the new company with re spect to the pier, even although they might act under the orders of other people, that they could not escape but with severe punishment. He then sentenced Flockten to pay a fine of 201., and to be imprisoned in the Queen's Bench until it was paid ; and the other defendants to pay a fine of Is. each, and to be similarly imprisoned until the same were paid. Ile advised them to take care that they did not commit a like a offence. The defendants, we understand, paid the line. Tins: QUEEN ON THE raosys:ualot4 OF THE GUM:MANS OF PADDINGTON T. ,TOPIN wicrsox. This case was tried here during the last term. The de fendant, who is a retired tradesinan s was indicted for inde cently assaulting a c=irl, aged 12, in Paddington church yard, and for indecent ' exposure. The more serious part of the charge was not maintained, but the jury found the de fendant guilty of having indecentiy lexposed himself in a public place. The ATTORNEY-GENERAL now prayed the judgment of the Court upon the defendant. Sir FREDERICK THEsn:er. moved on behalf of the de fendant to enter a verdict of not guilty instead of guilty, and also in arrest of judgment. The first count, the one on which the verdict was returned, set forth that the ofience was committed in a " certain open and public place called Paddington churchyard, in the sight and view of divers of her Majesty's subjects then and there." Now he contended that the churchyard was not a public place. It was enclosed with iron rails. There were two parallel paths, which were public paths, but the offence was alleged to have - been committed 140 yards front both. The day was the 24th of December, and the time after half-past four o'clock, a time of the year when the sun went down at four o'clock, and when it was impossible fur any one standing on the paths to have seers persons at the distance of 140 yards. This was the first time an indictment had been framed, against a person for exposing himself to one person. In the books he found the case of the King v. Sir Charles Sedgley, which was an indictment at common law for exposing his naked body in a balcony in Covent-garden, to a " great multitude of people," and he was fined 2,000 marks. Then there was another case, namely, an indictment against a person for exposing himself by bathing, at the East Cliff, Brighton, in the presence of a great number of persons. Chief Baron Macdonald held that the act was a misdemeanour. Ile said it might have been a very innocent act some years before, when it was not a place of public resort ; it might also have been a blameless act, at one time, to have stripped oneself naked in Montagu-tields, but the same could not be said of Itussell-square, which was built in those fields. Therefore, whatever outraged common decency was misde meanour at common law. An exposure must be public to be a misdemeanour, and anything short of that would not bring it under this definition. Lord DINaSAN said in this case it could not be said that this offence amounted to a public exposure, and agreed to the application. THE QUEEN V. JAMES arrros AND OTHERS.—CONSPIRACY. This was an indictment against James Button, George Button, Thomas Corduroy, and William Wellesford, for con spiring to defraud their etnpleyer, Mr. Lewis, a dyer, in Oxendon-street, by dying articles with his materials for their profit. The last-named defendant had pleaded guilty : the others were found guilty. It appeared that all the persons employed by the prosecutor were permitted to dye articles belonging to them selves and their families free of expense. Twenty-one Years ago Mr. Lewis entered into an arrangement with James Button, who was his foreman, to deposit in his name 150/. a year, which, however, was to be forfeited if Button committed any act which might render him amen able to the law. Since the finding of the indictment Mr. Lewis had sold out the amount, which had accumulated to 2,000/- The paies now came up to receive judgment, but the Court, on rt the applic a tion of Mr. Sergeant Allen, acceded to a new trial. COURT OF COM MO PLAAS, Jan. 28. IN RE MRS. SHIJTTI.ENVORTH.--ALLEGED LUNACY. Mr. Sergoant TALFOURD said he appeared on behalf of Dr. Millingen, in answer to a writ of habeas corpus, issued on Monday last, to bring up the body of Martha Eliza Rhoda Shuttleworth. The lady in pursuance of that writ was now in attendance. The r e t urn o f Dr. Millingen to the writ was then p and read, which set forth, that from time time of the said Mrs. Shuttleworth being placed in his custody at York-house, of , n liat_tersea, until now, she was labouring under , delusions, this allegati o n cited mind. The return iR support of bad been placed the m e di ca l certificates on which she Act of Parliament, whichih custody with the order under the The effidayits on which the led to the same. 'The e he rule for the writ had been moved were then read. Is tr a s r t was that of Dr. Quail, who deposed that he had known Shuttleworth for many years, and that durin ,, all the time she was capable perfectly , of managing her own business. custody, since compe tent up to the time of her being taken which time she had been placed in a lunatic asylum at Bat tersea, where all access to the deponent or c li denied. The deponent further stated that a sight (Heal certificates on which the had been ig co i I. een denied him, and that he believed they were confined d s g e e v t l e h i r a e d r l insufficient. The„, affidavit went on to answer the (allegations made on the other side, as to the habit t s og ef et t h ie r alleged lunatic, which were strongly denied and al untrue. Mr. John Austin deposed to a similar effect respeeting the alleged lunacy ; as did also Mrs. Caroline Teaching. The latter had known the alleged lunatic for a considerable time, and she had always acted as a perfectly sane person. Several other affidavits were read, deposing to the sanity a Mrs. Shuttleworth, and denying the statement that she as incapable of conducting her business. Counter affidavits were next read in support of the alleged lunacy. The deponents were the Her J. C. Row.land, Messrs. Dr•Alillingen, who Wight and Wilmot, surgeons, and • s he had , &liege(' that when, uhdor the charge a P. Qua §ne am.; TILE SUN, LONDON, Fitt DAY EV ENIXG, JANUARY 29 , 1847 been greatly greatly neglected and badly used; that her mind was evidently rambling and unsound, and that it was from feel ings of humanity they had caused her to be removed. Mr. PARRY said he had moved for the writ on two grounds —one was, that the alleged insanity had not been established, and the other was, that the certificates did not confer sufficient i authority for taking her into custody. The Learned Gentle man was proceeding, when The LORD CIIIEF JUSTICE intimated it would be better for their Lordships to see the lady first before bearing the argument, and to inquire of her whether she desired to leave her present residence, and to see whether she appeared to be insane or not. It was then arranged that she should be taken into the room of the Lord Chief Justice, and examined in the presence of the Learned Judges and the counsel on both sides. Their Lordships then retired. On their return, The LORD CHIEF-JUSTICE said it was perfectly plain, from the interview they had, that the lady had no mind of her own. It was perfectly rambling and unconnected, and she did not express any wish either to leave where she was or remain there. She appeared to have no wish any way. Mr. PARRY said he still maintained that she ought not to be detained in custody, as the authority was insufficient for her detention. The COURT wished to know on whose authority the Learned Gentleman appeared. Mr. PARRY said he appeared on behalf of Dr. Quail. The LORD CHIEF JUSTICE said that some grounds should be set forth why Dr. Quail_ interfered. Upon what autho rity did he do so? Mr. Justice Matrix said it was evident from the lady's statement that she had expressed no wish to leave Dr. Millingen's. If she was sane, as alleged by Mr. Parry, then as she had expressed no desire to leave, nor had instructed any one to act on her behalf, the first ground on which the Learned Gentleman moved on, could not be entertained. Mr. PARRY contended that, whether the lady was sane or not at present, what they had to do with was the state of the lady on the 9th of August last, when she was taken into custody ; and also the validity of the order on which she was placed in the custody of Dr. Millingen. He maintained the custody was improper, and the ground on which he made that statement were the affidavits adduced. The Act under which the proceedings had taken place was a public Act of Parliament, and their Lordships should be careful how they construed it, affecting as it did the liber ties of an unfortunate class of individuals. The affidavits filed did prove the sanity of the lady on the 9th of August, and this he wished to press on the consideration of the Court. The LORD CIHEF JUSTICE thought otherwise. He was decidedly of opinion that, according to the affidavits of the Rev. J. C. Rowland and the two surgeons, the lady must have been insane on the 9th of August. No sane woman would have stayed in apartments with one man only, and without female attendants, or have been found in the state she was described when the medical gentlemen were called in. After some further discussion, The Cot= finally decided that they would neither be consulting the public interest nor the lady's by making any order in the case. The application for the release of the lady must therefore be dismissed. They saw no good to arise from going into the validity of the certifi cates on which she was committed, judging, as they did, from the circumstances, that any order they would make, taking her from her present custody, would be to her pre ndice and harm. The writ was accordingly dismissed. _ POLICE INTELLIGENCE. MANSION-HOUSE. Mr. Austen, the proprietor of Peel's Coffee-house and Hotel, waited upon the Lord Mayor for the purpose of repre senting to his Lordship a certain description of annoyance tb which he had been subjected since last August, and which was calculated to do much mischief to the establishment. Mr. Austen stated that an advertisement appeared in the Manchester Guardian on the 26th of August last, headed, " Matrimony," and requesting that answer might be sent ad dressed to " . T. A. D., Peel's Coffee-house, Fleet-street, Lon don." He did not think it necessary to notice the liberty taken with his house until letters began to arrive directed to "T. A. D." lie then wrote to the editor of the Manchester Guardian, complaining of the insertion of the unauthorised reference to his house, and publication was at once given to the denial. Answers continued, notwithstanding, to pour in and some of them were, to all appearance, the effusions of respectable women, who seemed to place reliance upon the candour of the writer, and to deal with the utmost explicitness on the subject of their own condition, prospects, and personal recommendations. The Louts. MAYOR said, the observations of Mr. Austen brought to his recollection the fact that Corder, the mur derer, had'obtained a wife by means of an advertiseme nt, so that ladies who trusted to that delicate sort of introduction might meet with partners who would not hesitate to perpe trate the most atrocious of all offences. Mr. Austell said, that one of the letters which had been directed to "T. A. D." surprised him very much. It pro fessed to be the writing of the brother-in-law of a young lady of moderate personal attractions and pretty good pro perty, and it invited the.advertiser to his house to see the lady, who was to be kept in total ignorance of the object of the introduction; so that if a mutual liking was not likely to arise from the acquaintance, a termination could be at once put to it without the least chance of inflicting pain. The LORD MAYOR—You, of course, refused to deliver up those letters? Mr. Austen—Most certainly I did, my Lord. Application was made to me for the letters addressed to "'f. A. D.," and a solicitor of respectability called upon me to demand them peremptorily; but I not only indignantly re _ fused to deliver up one of them, but I told the person who applied to me, that I should hold him up to public contempt C,r engaging in so disgraceful a transaction, for being, in fact, involved in the disgusting conspiracy. 'File Loaf) MAyos—You did perfectly right. Mr. Austen said, that since the advertisement appeared and had been contradicted in the Manchester Guardian, a matrimonial advertisement had appeared in a London news paper of a very great circulation and respectability, referring to " A. Y., at Peele's Coffee-house." It had been ascertained that Mr. A. Y.," in search of a wife, was no other than Mr. " T. A. D.," who had tainted the pages of the Manches -Ur Guardian, and he begged that his Lordship would let him know what was the most advisable course to be adopted before a magistrate to put an end to so injurious a system. The fellow, no doubt, calculated something upon the fact or the pretence stated in his advertisement, that he belonged to the legal profession, for exciting apprehensions as to his hos tility. Ile stated in the newspaper that he was one of that elas, 5 feet II inches high, and proportionately stout ; that he would be found very useful to widow ladies who might be entitled to property from their deceased husbands' estates, or the estates of others, and that he would exclusively devote his attention to the comforts of any lady with whom he might be united.—( Laughter.) The Loft MAYOR naid, he did not believe that Mr. Austen could have adopted a better course for the prevention of any mischief to his establishment, than that of complaining pub licly that his house was stigmatised by being made a reference for adurtisements from matrimonial adventurers. lie thought that the mere statement would have the desired effect. If, however, there should be any repetition of such offensive conduct, Mr. Austen could call at the justice-room, and pro bably would receive advice to pursue another course; and it might then be necessary, with the view of setting the matter at rest, to publish all the curious documents which had fallen into his hands. SOUTHWARK. Yesterday Inspector Yates, who was on duty at the sta tion-house, and entered the charge on the police -sheet against William Bwfirld, the night porter at the Catherine Wheel inn, on suspicion of stealing 300/. from one of the guests in his employer's house, under the circumstances detailed in our police report of the preceding day, at tended for the purpose of announcing the recovery of the complainant's pocket-book and its contents. The inspector was accompanied by Mr. Gunder, the landlord of the Cathe rine Wheel, and also by Burfield, the man charged with the offence, who was admitted to bail on the previous day until the next examination. The inspector stated that while on duty that morning at the station he received a message from the Phoenix Gas Works, on bankside, and on proceeding thither he had an interview with Mr. Munro, the manager of the works, who informed him that a pocket-book containing 3001. had been found by one of their men in the street, and handed over to him, and that it was then in his possession. The pocket-book and its contents were then exhibited to the inspector, who found in it a 100/. and four 501. Bank of England notes, together with several memoranda, and, on examining them, he at once saw that it was the pocket-book and property belonging to the gentle. man who had charged the night porter at the Catherine Wheel with stealing it while taking off one of his boots in that house. Mr. Edwin, the chief clerk, inquired under what circum stances the money had been found? The inspector said that he was given to understand that a man named Wm. Cox, foreman to the above gas works, left home on Wednesday morning to proceed to Bankside, and that when he got about the distance of fifty feet from the Catherine Wheel, he kicked against something that was lying on the pavement, at the same side of the way, close to a coffee-shop near Adam's-place; that on picking it up he found it to be a Pocket-book, and on opening it and finding Bank notes to a large amount inside, when he arrived at the gas works he immediately communicated the circumstance of the finding of the money to Mr. Munro, to whom he delivered up the property, and in whose possession it would remsin until the next examination. Mr. Gunder said, he considered a great injustice had been committed by Mr. Skipper, the owner of the 300 t, in giving the night-porter of the Catherine Wheel into custody on so serious a charge as that of stealing the money. He thought that his servant would have good grounds for an action for false imprisonment against the complainant, and that he( Mr. Gunder) and his friends would take care and furnish the ac cused with the money requisite to commence the proceedings to which he alluded. Mr. Edwin remarked, that the present was not the period to threaten an action, while the man might still be consi dered in custody, being liberated on bail, to answer at a future examination the charge preferred against him. He then proceeded to make the following inquiries of the in spector respecting the exact time at which the pocket-book and its contents were found in the street, as above described; from which it appeared that the accused was given into cus tody about a quarter before six o'clock on Wednesday morn ing, at the Catherine Wheel; that the policeman, with his prisoner, accompanied by Mr. Skipper, his friend Mr. West, and Air. Gunder, the landlord of the inn, proceeded together from that house at tile time mentioned, and on their way to the station-house, at the rear of this court, passed the very spot where the pocket-book with the 3001. in it was picked up by the man Cox at five minutes to six o'clock, being about ten minutes after the above parties had passed on their road to have the charge entered against the man accused of the robbery. From the inspector's statement, it was evident the pocket-book was dropped after the parties left the Catherine Wheel to go to the station-house ; that Mr. Skipper, the owner of the money, and his friend Mr. West, had not passed the spot previously, for they drove up in a cab to the gate of the Catherine Wheel yard, and on alighting imme diately went into that house, showing that the former could not by possibility have dropped his money in the place where it was subsequently found. Mr. Gunder said, the night porter was searched by a policeman before they left the Catherine Wheel to proceed to the station-house, and that, therefore, he could not have been the person who had dropped the pocket-book in the situation where it was afterwards found. He added that he considered it incumbent to make some inquiries as to who and what Mr. Skipper was, and where he and his friend had been from the time of leaving the theatre until they arrived at the Catherine Wheel, at a quarter before five o'clock in the morning. th lS e lr ii . n E di d n :in said, there was no doubt that Mr. Skipper I would have no objection in giving the desired information ; I he was not, however, as vet informed of the circumstance of order that he mightattend on the day of the next exa• urination of o t r h h e l'nev; in be entered into accused, relative to the extraordinary circumstances frond. pocket-book, containing the 300!., was lIUNDER-STORM AT NOTTINGIIAM. A heavy storm of thundei, lightning and rain, accompanied with boisterous wind, passed over the town of Nottingham on Tuesday night last. The rain, especially about midnight, fell in torrents, and the wind blew something like a hurricane. 2o particular damage raz clime in, the t07f13 QC Utiglll4Quarxdt 131 PERI AMEN T. HOUSE OF LORDS, Jan. 28. The LORD CHANCELLOR took his seat on the Wool- sack at Five o'clock. POSTAL ARRANGEMENTS, &c. Lord CLARENDON laid ou the table of the House papers relative to the postal convention between 'Great Britain and Prussia, France, and Denmark; an aeconnt of the fees received in the offices of the Second Remem brancer of Ireland ; an account of the supplies remain ing in the Mint ; and a report from the Commissioners of the Public Works in Ireland. Lord BROUGHAM said that the papers laid upon the table, more especially those relating to the foreign postal arrangements, were of the highest importance, but there was one objection to which he wished to call the attention of the Noble Lord, as respected Italy. The Noble Lord was aware that it was not necessary to prepay in this country letters addressed to France, Bel- I gium, or Holland; neither was it necessary that indivi duals in those countries should prepay letters addressed to Great Britain ; but the same law unfortunately did not apply to Italy, and he (Lord Brougham) was in the habit of receiving large packets of letters, fre quently of the most worthless character, which, as they were almost invariably marked " private," he took in and paid for. He paid four shillings on one morning for a long account of some individual's experiments in galvanism—(Laughter)—and the only revenge he had was doing up the communication in stout brown paper, and . addressing it to the party who originally sent it.—(Laughter.) THE LAW OF SETTLEMENT. Lord BROUGHAM presented a petition, signed by the mayor, several justices, five a ldermen, the incumbent and other clergymen of East Looe, and two hundred of the most respeestable inhabitants, praying fur an alteration in the law of settlement. DISTRESS IN IRELAND. Lord BROUGHAM expressed his opinion that it would be desirable that their Lordships should be fur nished as soon as possible with a copy of the Bill for the further provision for the relief of the poor in Ire land. The Noble and Learned Lord went on to say that he had been obliged to leave the House before the con clusion of the debate on Monday night, and his Noble Friend opposite (Earl Fitzwilliam) in alluding to that circumstance said that he had gone off like gun cotton, and left no residuum.—(Laughter.) He should be sorry to say anything unnecessarily to interfere with the si tmile of his Noble Friend whose poetical genius they would all admit., but a simile should always convey a likeness, and in the simile of his Noble Friend, there was no likeness, inasmuch as his whole speech was founded on the residue which he had left behind him. His Noble Friend had stated that his (Lord Brougham's) speech had been de omnibus rebus et quibusdam aliis, but that would apply more correctly to the multifarious speech of his Noble Friend himself.—(Laughter.) With respect to the state of the Irish poor, it was desirous that their Lordships should be furnished with the fullest in information, and he was able:to:state that from additional information which he had recently received, there were in Liverpool between 25 and 26,000 persons receiving relief ' at the soup kitchen, out of which number more than 22 000 were destitute Irish persons.—(Hear, hear.) He would not say much upon the subject of soup kitchens on that occasion merely, but would allude to the circum stances as a proof of the extent of the distress, and state a fact of which he had been informed of in connec tion with the management of the Liverpool soup kitchen. It appeared that certain persons of exalted station in Liverpool had from religious feelings on the subject of the observance of the Sabbath, chosen to prevent the opening of the soup kitchen on Sundays, and thus to deprive 25,000 persons of relief on that day— (Oh, oh) — forgetting the example of the Redeemer. When the apostles were rebuked for plucking ears of wheat on their Sabbath he interfered, and that circumstance called forth the beautiful passage in the Scriptures in which the Saviour asked if a mr n's ox or his ass fell into a pit on the Sabbath, would he not relieve him that day?—(Hear, hear.) He (Lord Brougham) dared to say that those misguided people—those zealots who ob ject to the use of the soup kitchen on the Sabbath, had eaten comfortable dinners that day, and had al lowed their servants to cook them.—(" Hear, hear," and cheers.) This mixing up of religious fanaticism with the cause of charity and benevolence, was one of the greatest curses that could be experienced.—(Hear, hear, from all parts of the House.) An individual connected with agitation had been reported to have said that the mo ney raised in this country for the relief of the destitute in Ireland, was to be used for the purpose of making converts from the Catholic religion, whilst the people were suffering. That individual had denied the truth of the statement, but he (Lord Brougham) would ear nestly direct the attention of their Lordships to the opinions which two individuals he should name held in reference to it. The Rev. Mr. Bickersteth recommends a fund of 20,0001. to be raised for the purpose of sending missionaries to Ireland to strike while the iron was hot. Now that was as bad a thing as he ever heard from priest or layman.—(Hear, hear, from both sides of the House.) It was one of the most wicked things which could be done to sow dissension at a time like the present when charity and benevolence ought to pre vail amongst all : But there was a most re spectable banker in the city of London who stated that no one but an infidel could doubt that the present state of Ireland was a judgment of Providence caused by the May n-)oth grant.—(Laughter.) That gentleman did not I agree in opinion with Mr. Addison, expressed in one of ' the ablest papers of the Spectator, the object of that paper being to chide those who pretended to be always finding things to be judgments of Divine Providence.--, (near, hear.) They had always heard that the ways of Providence were inscrutable, but such individuals would affect to understand and to describe the inscrutable views of Providence. Earl FITZ WILLIAM was exceedingly glad that he had given the Noble and Learned Lord an opportunity of stating what he had done. fie thought some official information ought to be afforded them on the subject. He only wanted to say one other word about this judgment question. It was most extraordinary that these gentlemen who were so confident upon the matter, did not perceive that it was not the Protestant Parliament of England that was suffering from the visitation. In point of fact the evil had fallen upon the individuals in whose behalf they became sinners, so that the sinners themselves had escaped.—( Hear, hear.) The subject then dropped. The Marquis of LANSDOWNE presented a petition from the relief committee of Cork, praying Govern ment to adopt measures for the speedy importation of corn into Ireland. THE LAW OF SETTLEMENT. Lord WALSING HAM presented a petition from Norfolk against the present law of settlement. Earl FITZ WILLIAM said the Noble Lord (Lord Walsingham) was probably aware that a great move ment was commenced in Norwich in favour of what was called a national rate; that was, in fact, to take the maintenance of the poor from under the local rate, and throw it on.the Consolidated Fund. Now of all the schemes which were likely to be mischievous to the poor, thii, of throwing their maintenance on a national rate, was the very worst—(Hear, hear) — for under it there would be an end of all the indepen deuce of the lower classes themselves. He would be bound to say, that the moment the local board had the management of the Consolidated Poor Fund in their power, a scene of wasteful extravagance would ensue which would have no parallel. Lord WALSINGHAM said that he entirely agreed with the prayer of the petitioners, on the mischiefs which arose under the present poor-law distribution ; for the interest which the rate-payers had in keeping clown the poor rate operated greatly against the poor man in his desire to gain employment . He was sorry that at present there wore no inducements held out for industry or good conduct. IRELAND. • The Marquis of LANSDOWNE laid on the table of the House all• the correspondence which had taken place with the Commissariat of Ireland and the Board of Works, relative to the distress which at present existed there. MILLBANK PRISON. The NOBLE MARQUIS also laid on the table the re port of the Commissioners who were appointed to inquire into the management of the„Millbank prison, with copies of the evidence taken before them. The House then adjourned. house vith 15) more persons than it was built to accom-. modate. Thc pe?Ot iti oß-LAon prayW REMOVed for inquALiry and-relief. Mr. 3 3ANK?S presented petitions from several places in Corn :wall, ?raying for an immediate amendment or total rei oft TEN Poor- HlawOURS' BILL. Amendment Act. Mr. I'UKNKES also presented a petition from Bury in favour .of the Ten Hours' Bill. TOBACCO DUTIES. Dr. TO WRING gave notice that to-morrow it was his intention to move for returns relative to the tobacco duties. MONTPENSIER MARRIAGE. Mr. said he would on an early day ask a question of the Noble Lord the Secretary of Foreign Affairs with respect to the correspondence which had taken p /seem ledween the Governments of England and Spainlresi ,ectirg the Montpensier Marriage. (STER,I AL MEASURES (IRELAND). Mr. RC )EBt CK said that he would move upon an early day, as additions to the plan announced by her Majesty's Ministers for relieving the existing distress in Ireland—firs, an appropriation of the revenues of the Irish Church fir the purposes ef a more general and extended eduction ; secondly, to extend the income and pi sel2erty-tsx to Ireland; thirdly, to alter the Pees r Removal Act in such a manner as to allow Terent iarishes of England to send back to their own parish!s all Irish paupers, at the expense of the sever parisies to which they belonged. POOR-LAW (IRELAND). Me;I7CILLIANS gave notice that he would move that the second reading of the Poor-law (Ireland) Bill, and air ,o the V 4 hile of its other stages, should take precedb awe of all other measures under the considera tion of the House. Lord G. BENTINCK gave notice that he should ask for leav ato bring is a Bill to stimulate the profitable employ} ['sent of th' poor in Ireland, by the encourage ment of the constrwtion of Irish railways. OCCUIATION OF CRACOW. Mr. HUME gave notice of his intention to move for a copy of the notice it presentation made by the Russian Envoy, dated the oth of January, to the Court of Switzerland, with respect to the federal contract of Vienna,. Telative to the annexation of Cracow. DISTLESS IN IRELAND. Mr. BOOEBUCK said he should take that opportunity of asking : a question, of which he had already given notice, o f the Noble Lord at the head of the Government. He assumed that the Noble Lord, in all the aches sos for the relief o f distress in Ireland, must have a mule some calculation—ho did not mean to say a very n' see one—as to the probable amount of money re quired for that purpose ; and if the Noble Lord had made that calculation as to the probable amount, he must have fully entertained in his own mind some pro position, assisted by tie Chancellor of the Exchequer, with r rference to the means of raising the sums which he requir ed for that purpaie. Lord JOHN RUSSELL, in answer to the Hon. and Learn ed Gentleman, stated that up to the Ist January the ar wont of money issued from the Exchequer was one minion. There had been at that moment an additional million, so that altogether the amount issued. up to the present moment was two millions, which •would be expended under the Labour-rate Act. With regard to the commissariat department, it was im possible yet to make anything like an accurate estimate. link= the existing Act, however, if the expenditure went on in the sates ratio as at present, the out lay Tinder the Labour-rate Act would not be less than from 50e,000/. to 600,0001. a month, which. up to August next might be calculated, in round numl sers, at seven millions. By the plan which the Go vern, merit proposed tc introduce, he apprehended that a considerable reduction would take place in the expen diture under the existing Act—how much he was not in a position to say. With regard to the financial plan, ho thought it was better to reserve what he had to say on that point for a separate financial statement : whether that statement sLould be made before the ordinary time or not he could not then say, but ample time would be given to the Hon. Gentleman. Mr. ROEBUCK did not think that the Noble Lord had ,given a clear answer to his question. He put it with a view to ascertain the cost of all the plans, as he was desirous to know the probable expenditure of the whole plan. Le OHN RUSSELL—The Hon. Gentleman's question referred only to the present expenses which were incurred in Ireland, and, he believed, asked what would be the probable expense of the improve. merits made in that country. With the Honourable Gentleman, he regretted that there had not been the same advantage obtained from the employ meat of the money voted last session, but he should recollect that the sum of 1,000,000/. was voted under what was called the Drainage Act, and it was not wise to. complain of the provisions of that Act. But with respect to the construction of that Act, he might reply that it was not intended to alter either the time, or the amount of interest, or the period at which the principal was to be paid up, so that the provisions of the Drainr go Act remained unaltered. PUBLIC WORKS IN IRELAND. Mr. S. O'BRIEN wished to ask the Right Hon. Ba ronet at the Head of the Home Department, whether it was intemded to alter the system pursued in the employ ment of labourers in the public works of Ireland? Sir G. GREY said that there were, doubtless, many abuses, bait, from the nature of the circumstances, it would be impossible to prevent them ; as soon as pos sible a in are strict supervision would be exercised, and the system should be altered. Mr. S.. O'BRIEN—Was there any statement of the money expanded on the public works ? Sir GEORGE GREY—The Hon. Member will find them in the Treasury minutes. IRISH PAUPERS AND LUNATICS. Mr. SMITH O'BRIEN moved fcr a return of the number of paupers admitted into each workhouse in Ireland during the year 1846 ; number discharged during same period ; number died during same period ; number in. house on each Saturday since the Ist day ot N ovem b e r, 1846, showing the number which each workhouse was originaly constructed to receive ; number ill of fever, of scarlatina, of dysentery, or of contagious diseases, on each Saturday, showing the number which the sick war.l or hospital attached to each workhouse was originally constructed to receive; number who died during each week since the Ist day of November, 1816, distinguishing such as died of contagions diseases in each workhouse, or in any hospital or ward attached to such workhouse; number of paupers affected with fever, or other febrile contagious di sease s, transferred to any hospital under the fifteenth clause of the Poor-law Amendment Act of 1843; number of lunatics transferred to any lunatic asylum from each workhouse during the years 1844, 1845, and 1846; of any Poor commun lawiComm cations sinners, e -is copies of all communications made by t he Poor-law Commissioner s to boards of guardians on the sanatory or of minutes of proceeding the prevalenc e of disease in workhouses ; of an y instruc tionss of such b oar d s , res p ect i ng b s t y a t b e of boards u r k a r h d o i n to the s given by the Poor - law Commissioners to any phy sicians or surge . ons, to inquire i n t o t h e nature an d ex tent of disease in an y workhouse, and into the cause of oasheofw g ° such disease, together with the reports of such physi cians or surgeons thereupon. THE QUEEN'S LETTER. Mr. HAMILTON wished to know from the Right Hon. Baronet, the Secretary of State for the Home Department, whether the funds, which might be col lected in the different churches, through the Queen's letter, would b e administered to the starring poor of Ireland, through the Commissioners who had been ap pointed, or whether they would be dispensed by t h e clergy of the Establis hed Church of Ireland ? Sir G. GREY said it was the intention of the Go vernment that the funds so collected should be placed at the disposal , of t he committee recently established in relief to London for afforeling - the destitute poor in Ireland and Scotland, the members of which bore a high character, which was a sufficient guarantee that the funds would be properly applied. Many of them and members of the relief and local were clergyme n committees, and as they aet in concert with the Govern ho contributed to the fund would have the went, those w satisfaction of knowing that the relief would be properly dispensed. muF ,B wished to ask the Hon. Gentlema n the t h e Admiralty whether it was the TIDAL HARBOURS. An oN. Secretary of HM% in tention of the Government to proceed with the Bill for regulating the tidal harbours in its present state, or whether it WO their intention to propono another Bill upon the subject, from which the obnoxious clauses would be expunged. Mr. WARD stated that the Bill referred to had b before the House for upwards of six months, tha n at it originated from the report of the Commission appointed to inquire into the subject, but inconsequence of the determined opposition it had met with from som e very powerful quarters , it was not the intention of th e Government to proceed with the measure in its existing in regard state. There was no person, however, who would not concur in the desirableness and absolute necessity o f adopting some very stringenatemcoeradsuurlges tuopothnethneotsitciebjeheet of Sir r e DtlalLhAaerbl7ErsvoAf Ntlisi,s country. had given, asked the Chancellor of the Exchequer or the Secretary at War, what arrangement had been made, according to the promise of last session, for . plac _ inB the troops serving in s ome of . our colonies on an etoquarlatfiooontingstowppitahgetah?ose lie er-ring at home, also asked the Fi rs t Lord of the Treasury if they might expect immediately on the table of the House, to be printed ' the report (and accompanying ments) of the In spector General of Military Schodolocs, u relative to the mili tary schools of France, Prussia, and . other States, i n connexion with their military institutions ; it being im portant that Members should have the opportunity o f considering the information th us obtained before the army estimates are discussed. The CHANCELLOR of the EXCHEQUER said that, with regard to the first question of his Honourable and Gallant Friend, he could assure him that the sub ject had been under the consideration of the Secretary of t would the takensury and t o theear Secretarycarry the e a r , i n a t n o d e means fi e. With regard to the second question, the report and documents requested by the Noble and Gal lant .Officer would be laid upo n the table as soo n as possible for the information of Hon. Member s . BUENOS AYRES—EX.ECUTION OF AN ___ ENGLISH OFFICER. Mr. ROSS said he had given notice to the Secretary of War of his intention of asking two questions of painful interest, which involved in his opinion not only the welfare of their gallant sailors, but also the national honour. These questions had reference to the conduct of General Roses in his capacity of an official of Buenos Ayres. Three vessels, under the joint flag of the French and English Governm en t s , had succeeded in capturing a prize which they found impossible to remove, and which they consequently burned. Mr. President Rosas immediately isatiec, a manifesto, declaring that the war, as carried on, was piratical, and that he would treat every British or French officer that fell in his power after the manner of pirates. This was not an empty threat. A British officer of the name of Wardlow was seized upon while under the protection of a flag of truce. He belonged to her Majesty's ship Racer, and the whale-boat in which he had been reconnoitering, having been stranded, he displayed a flag of truce; it was answered by another, and he ac cepted the invitation like a gallant, frank sailor, as he was, although it was against the advice of some of his friends. He had not been long departed when a whale-boat was seen advancing, and the voice of the gallant officer was heard shouting to his crew " I have been sold, I have been sold, fire and defend yourselves." The crew escaped; and when Mr. Wardlow was demanded of the authorities they replied that he had fallen in the skirmish. His body wee. then demanded—but they were ashamed or afraid to give it up, lest their guilt:too became known. But the whole truth had become known. Mr. Wardlow had been taken before the commandant, and he had told him that if he made his crew surrender it would be the better for bim. The gallant young gentleman, however, chose rather deliberately to sacrifice his own life for the sake of his crew and the honour of his flag.—(Hear, hear.) Being brought back to the commandant, he ordered him to instant execution. First of all they cut off his fingers and ears, and then put him to a lingering death.: His (Mr. R.'s) heart swelled with emotion when he thought of the fate of that young man. He wished now, therefore, to know from the Noble Lord whether, on the promulgation of the de cree of Roses, any remonstrance had been made by the Noble Lord; and secondly, whether any correspondence had ensued, and with what result. Lord PALMERSTON was sure the Hon. Gentle man would excuse him if he declined entering into any discussion on the state of the nations bordering on the River pate. He hoped the steps now in progress would lead to a satisfactory termination of the distressing state of things which existed in that quarter. With regard to the officer referred to, various statements had come to his ears. One sated that he had been killed in a skir mish, and another gave a different account of the trans action, but that was the first time he (Lord Palmerston) had heard of the mutilations described. In consequence, however, of the representations made with respect to the occurrence, the Admiralty did instruct Sir Thomas Herbert, the admiral on the station, to make inquiry into the case, and to report upon it. That report he had not yet received. With regard to the statement alleged to be made in the proclamation of Roses, that an officer acting under the authority of his superiors should be treated as a pirate, there was but one way, of course, to deal with it. CRACOW. Mr. HUME wished to ask the Noble Lord whether he had any objection to lay on the table of the House a copy of the whole of the papers that had passed with respect to Cracow? Lord PALMERSTON hoped to do so in the course of a day or two. TREATY OF VIENNA. Mr. HUME begged to ask whether the Noble Lord had any objections to lay upon the table of the House a copy of the convention that was entered into by the Three Powers in 1834, which especially confirmed the terms of the treaty of Vienna? Lord PALMERSTON was not quite prepared, on the part of the Government, to giro an answer to the question. Mr. HUME.—Some such power had been given by that convention to take possession of Cracow by the three Powers. Lord PALMERSTON should have no objection to give to the House all the information he possessed. Mr. MONCKTON MILNES said, that at the same time, perhaps, the Noble Lord would have no objection to present to the House any papers that related to the non-appointment of consuls at Cracow. Lord PALMERSTON said that he had previously stated to the House that it was inexpedient for the public service to answer this question ; and the same obstacles remain at the present moment, in consequence of the relation to this country of the three Powers to whom allusion had been made. NAVAL ARC HITECTURE. ... Lord INGESTRE wished to ask whether there was any objection to lay on the table of the House any papers that had been communicated with regard to the Com mittee of Naval Architecture? He also wished to ask whether any report of the Committee of Reference had been made to the Admiralty, and if so, whether there was any objection to lay that report on the table.? It would be recollected that there were three members of that board, and that two of them had been promoted ; he wished.. also to ask whether, in the event of the ship constructed by that board turning out successful, it was intended to promote the third member, as they had pro moted the other two members of that board. Mr. WARD said a similar question was put to him the other night by his Hon. Friend the Member for Montrose (Mr. Hume), who wished to move for returns on the subject, and he told him, in reply, that the naval reports in question had not yet been brought be fore the attention of the Admiralty, but he was in a position to state that they would be very satisfactory, and also that there would be no objection to lay them on the table of the House. All the reports that had been received respecting the Thetis had been most satisfactory, as they were to the effect that that ship would justify the expectations entert tined of her. He had much pleasure in informing the Noble Lord that the Admiralty, without waiting for a confirma tion of this report, had removed Mr. Chadwick from Devonport to the office of . master shipwright at Wool wich. . SEED FOR IRELAND. • Mr. TUITE inquired what steps the Government had taken to obtain a supply of seed for Ireland. Mr. LABOUCIIERE could only refer to the declara tion made the other evening by the First Lord of the Treasury, that it was the intention of Government to ' afford every facility to supply seed to those persons for whom respectit was to o n intended; nd esdo, 0 ; :r o d: , rsh he e a o d u beenld only n l y g i s v a e l n , to that i f up wards of 200 persons to furnish the necessary supply. With it was found insufficient, it was competent for Parlia ment to make an:additional grant. CONDITION OF CONVICTS IN THE lIULKS AT WOOLWICH. Mr. DUNCOMI3E then rose to move for the appoint ment of a Select Committee to inquire into the condition of convicts in the hulks at Woolwich. He said he had been given to understand that it was the intention of the Government to consent to the appointmen of the Com mittee. If he was correct in this assumption, he would be saved from making painful state ments, and the House from hearing facts which they could not fail to consider both distressing and dis gusting. He thought that the proper time to enter into the question of prison discipline ; but, however, he should confine himself this evening to a narration of the cruelties of which he had to complain. • lie thought those cruelties were of a nature to demand such an inquiry as the one he sought. It might be necessary to inform the House, in the first instance, how those persons found their way to the hulks. The report of Mr. Capper for 1845, together with the sur geon's report thereon, had been furnished to the House. He stated that the prisoners from such depots as Woolwich and Portsmouth were in a bad and unhealthy state, and unfit, from age aid infirmities, tube sent abroad. The hulks at Woolwich were established for what was called " invalid prisoners," and he wished to call the attention of the House to the medical neglect and cruel treatment inflicted upon those prisoners. He was satis fied that all the reports which had been issued upon that subject were true, both as regarded the treatment of the prisoners while living, and after death. This conduct was disgraceful to a country calling itself anything like a civilised and Christian country. In the returns to which he had alluded, it was stated by the persoli making that return that the mortality on board the hulks in 1845 was only eleven persons. This mortality was contrasted in a report with, the amount of mortality in the prisons of Frahm, Philadelphia, and of Millbank Penitentiary. This morning. however, a re turn, for which he bad moved some time since, was laid upon the table of that House, which would serue to show the House the fraudulent - manner in which these returns were sometimes got up. The return for which he had moved was a return of the Timber of persons who died on board the hulks from the Milbank prison alone, and instead of the number being eleven, as stated in the former report, the number of deaths on board the two hulks, the Justitia and the Warrior, was twenty-eight from Mill bank prison alone. Tho question then arose, what was the cisme of this increased mortality on board the hulks as compared with other prisons in the country ? In all their prisons there were visiting magistrates and inspectors, under Act of Parliament, who made annual reports, and went round and asked if any of the pri soners had any complaint to make. With regard to the hulks, there was no one to ask if there rem any coih plaints to be made, and no one visited them except the doctor and Mr. Perry. Was it their object to re claim the prisoners, or to make an example of them? If their object was to reclaim them, why was their education totally neglected? There were no prayers, and nothing was done for their spiritual instruction. The ships received on the average 620 prisoners every year, and during all that time the only Divine service given was on Sunday mornings. Nothing was dune to instruct them—those able to work went to the arsenal and dockyard in the morning and returned in the evening. When they were dying they received no. attention. The chaplain seldom visited them, and their last moments were passed with only the assistance of the other prisoners. There was cer tainly the great protection of the coroner's inquest to all individuals who died in prison. With regard to the conduct of the medical attendant, Dr. Bais sey, he stood there to state that nothing could be so neglectful as his conduct, and when he was present nothing was more brutal. There was no one except Mr. Capper, who was appointed by Government as superintendent of the hulks. He had been in the situation many years, but his control or inspection was not sufficient, and his duties had been left to a nephew of his, who acted as his clerk or superintendent, and who was a grocer id the Strand. This person had done the duties which ought to have been performed by Mr. Capper. He also complained of the system of control, and the irresponsible power which the overseers of these ships had over the prisoners. He could scarcely conceive anything more unjust tha t n a f power being vested in a bod y to inflictwanh y at am re ou nd r e ' red corporal punishment they wished ; a nd this more unjust was that there was no tibunal to which those who were suffering under t he system could appeal. lle would giv e one or two instances of the injustice and cruelty of t he system. There was a poor lunatic named Hetherington on board the Justitia , who was ordered to re ceive several lashes, and was then ordered to receive several more ; he was then re moved, and he attempted to cut his throat, but fortunately he did not succeed in doing so. There were six men who had been brought up, in one case, flogged, and then consigned to the hospital, where they were necessarily obliged to remain ~~~ HOUSE OF COMMONS, Jan. 28. The SPEAKER took the Chair at Four o'clock. • Messengers brought up papers from the Trinity House, from the Commissioners of the Metropolitan Police, and from the Northern Light-house Commis stoners. NEW MEMBER. Mr. CHAPLIN, late Sheriff of London, and Chairman of the South-Western Railway Company, took the oaths and his seat for the city of Salisbury, in the room of Ambrose Hussey, Esq., who has accepted the office of Steward of the Chiltern Hundreds,__ SECOND READINGS. The following Bills, on the motion of Captain EGERTON, were read a second time : Birkenhead Dock Company and Herculaneum Dock Company Amalgamation. Birkenhead Improvement Acts Amendment (No. 1). Birkenhead (Commissioners) Dock Acts Amendment (as to construction of sea wall along Wallasey Pool). Birkenhead (Commissioners) Dock Acts Amendment (construction of new works and alteration of culvert). PARISH OF LIVERPOOL. Sir 11. DOUGLAS presented a petition from the mayor, corporation, and select vestries of Liverpool, stating that for some time past that parish, with its 123,000 inhabitants, had been obliged to afford relief to 2,000 persons in the workhouse, and 4,000 out of it; that a great additional burden had been imposed upon the parish by tho Poor Removal Bill of last session, and representing, that owing to the distressed condition of Ireland, no less than '288,799 lash poor had been thrown for support upon the rates since No vember, and that the number had steadily increased during the last five weeks, from 102,072 per week to 130,795 last week. They complained of the great bur then thus thrown upon a single parish by the distress, existing in Ireland, and submitted that that could be no reason for throwing so many casual paupers from Ireland upon them, and praying the House to afford them some remedy. ELECTORAL DIVISIONS. Mr. WATSON presented a petition, numerously and respectably signed, from the town of Kinsale, stating that the system of electoral divisions under the Irish Poor-law had acted oppressively in forcing the worn-out poor to go from the rural districts to the towns ; that it had cast the burden of supporting those poor on the towns, and were thereby called upon to pay three or four times as much as the rural districts. This had caused 70 of the first and second-class houses in Kinsale to be untenanted. Scarcity and famine had filled the work- fir a long time, to the loss of the service which had been made by his Hon. Colleague should be in which they were engaged. Referring again to the enough to justify an investigation, even if the other half Justitia, he would mention the case of another poor were unfounded. The Right Hon. Baronet said that he lunatic who had been ordered to receive two dozen. knew nothing whatever of this matter, ho bad not heard These had not been all inflicted upon him of it before. It was the more necessary, there and the officer, whose duty it was to see their execu- fore, that he should grant an inquiry.—(Bear.) tioner, said to him on seeing him shortly after, "I owe The lion. Member had made these statements, and his you three dozen." There was another case of an public character was at stake.—(Hear, hear.) It would unfortunate lunatic who was lyipg in confinement be monstrous, when so many helpless creatures were in all his filth, his urine, and his ordure. looking to that House for protection, that that protect ion The Hon. Gentleman proceeded to detail the bad treat- to which they had a right to look should be DOW withheld. ment experienced by Wm. Theobald, who also belonged —(Hear, hear.) So zealous were our predecessors with to the Justitia, and who suffered from epileptic fits and regard to inquests held upon the bodies of persons who great weakness of body. Jams Brandish, a maniac, and died in prison, and so careful were they to g uard againe 4 Cooper, a nurse in the establishment, who had a bad the injurious prejudice of the authorities, and in order to liver complaint and a bag of matter lying at the pit of prevent any deception or collusion between the parties, his stomach, also nit t with the harshest treatment. that they always ordered that the jury . sr Mr. Alderman HUMPHREYS asked if the cases pointed to inquire into the death of the prisoner might not be over-coloured ? should be constituted of one-half prisoners, and the other Mr. DUNCOMBE said that he had authorit for all halt' being composed of the inhabitants of the neighbour he stated:; and, with respect to the last case, the unhappy hood. He, therefore, entirely disaproved 'of the proPo individual declared at his last moments that he was a sition to appoint a Commission consisting entirely of the murdered man. Henry Driver, a Milbank pri- authorities, to inquire into the subject. His Hon. Col: soner, entered the hospital, on the 21st of May, and league had said that many persons bad died on board died upon the 26th, four days afterwards. W hen he the hulks upon whom no inquest had been held, spa he died he was taken down to the anatomy-room and (Mr. Duneombe) further stated, that the conduct of hest e dissected, and his entrails were thrown into the river. medical officer was cruel, and brutal in the h g his When the dissection was over the vacuum was filled up degree. Was that man, then, to remain in hit with flannel, and sewn up in order to await the position without inquiry. It was due to the medics' coroner's inquest to sit upon it.—(Hear, hear.) officer himself, if to none other, that an rove s- Now he would ask the Right Honourable Gentleman tigation should take place. Ile, therefore, o r : was that legal, was it not against the provisions of the nestly entreated, the High t Honourab le Barone! Anatomy Act, in which it was provided, that forty-eight the. Secretary of State for the Hume Department t° hours must elapse before dissection tikes place, and reconeid , r the opinions to which he had g i ven e xpres more particularly so when a coroner's inquest is to take sion. It was the duty of the House to instituW t: place. Nu medical man attends these unfortunate inquiry when such charges were brought before t h e _ beings in their dying moments — all was left attention of the House. What were the duties of' ta to the judgment of convict prisoners, for the chaplain independent members of this House unconnected ble never visits the sick. These nurses watch them with the any of the ties of any party or of the Government, ic,' eyes of hawks, and as soon as life is extinct, the yet they were not to inquire into such cases ? This licnibes warm body is drawn out and laid upon the floor, when was the great inquest of the natium'and should not i , the bed is ransacked for money, or other articles which backward in the performance of its dut y . He wow" they may have concealed. Now, he would ask, was it repeat that he would not be satisfied with any right that these unfortunate creatures should be thus inquiry instituted by authorities. They awe exposed ? They were entitled to a portion of their never satisfactory ; everything was softened nov.vos earnings, he did not know how much, but he believed or'extenuated , and the final result wa s, the Honss '°': it was about sixpence a - week, and this was the satisfied, and did not consider any furt her investigatt?! prey for which these nurses waited. He asked the necessary. The House would fail to fulfil those der' Right Honourable Gentleman bad he any idea that which it owed to the most help by less of their fellow - these things were done, or whether they could tures, if it did not grant the committee reqaired °` . exist if there were a proper system of inspec- Hon. colleague. • Lion. There is a feeling among those unfortunate Mr. B. ESCOTT thought that the public would 1 1 . creatures that they are allowed to die for the sake of be satisfied if the House refused to grant the coinsd e ,it te i their bodies for the School of Anatomy. He wished It was stated that immoral practices existed in IN I t i that a return would be given by the Inspector of Ana- wich Hospital. Under these circumstances he 5 , 11 1 ed tomy as to the number of bodies that had been sent from certainly vote for the present inquiry. He slrs o the hulks at Woolwich, and their places of destination. that Honourable Members would abstain, ' e r° es t He would prove that Dr. Bossy, when a coroner's in- passing any opinion upon a report presented only Z e e quest was about to sit, went round to the convicts and morning, and he was surprised that it should have 1 ,, e , told them not to answer any questions which might be presented so suddenly to the House, with Out any ey" :. put to them by the coroner or jury, but to merit from the Government. refer them to him (Dr. Bossy) for an answer. Sir GEORGE GREY said that it was only hee, The medical officer had stated, that amongst the 600 it was desirable that the matter should be brought hew persons employed in the hulks at Woolwich, only 11 had the House at as early a period as possible. teiti v died. But he saw, from the last returns, the number Mr. FERRAND said that he quite agreed to was stated to be 28, and, from private information, he the opinion of the Hon. Member for Finsbury as . ie believed that it was 41. It was very possible • that the Commissioners being generally trumped Ilk gia, future returns might make a change in this statement, was well known, that if a Commission was aPP°I O O but it was quite impossible, after what he had stated to to inquire into any statement, that it would _ ee he , t he the House, that these returns made to Government, by only in private, and how could it be supposed tr i ,'. o g? the medical officer, could be at all relied on, as re- public would be satisfied with this mode of proceer eeu se spected the convicts at Woolwich.—(Talear, bear.) If Mr. HUME—It was most desirable, Oat that o'°•,,, e s they granted him the Committee, and the facts were should come to some decision on this question. e' t t he proved, which he had alleged in the House that slid by the Right Hon. Baronet, that considerOgweee night, and he would undertake to prove those facts. number of persons interested, and that the c harges go , if it were granted, it was quite impossible that this so grave that it would'be only right for the RighL bee e. system could continue, or that the returns of Mr. Capper Baronet to allow that Committee, he thought, n o ) could be received by the Admiralty, or that they could fore, thee that inquiry should take. place.—(H ear' title long continue to be received as authentic documents. He On that ground he thought the House ought to ins tt oe s should conclude by moving for the appointment of a Se- this inquiry, and that fully sufficient and strong r et/ a be lect Committee to investigate the returns made to the had been adduced in support of the motion, O a e s. Admiralty of the number of' convicts who had died at trusted that, as the Hon. Member for Finsbury 1 1 t he Woolwich daring the last year? tablished the grounds of his application. the ' On the motion being put, Government would not refuse the Committee. A b e en Sir G. GREY said that under the present circum- Mr. MUNTZ said that no attempt whatever hn o u r for stances, he was quite unable to follow the made to answer the charges of the lion. Mein w e te d a Honourable Gentleman through his details, but Finsbury, and the medical men bad never atter ° , Pteths he did agree with him, that if there reply. The Right Hon. Gentleman et the bean ° A t he was any foundation for these details, that they Home office, might be satisfied that if he refuse were quite unworthy of a Christian country. lie must inquiry, the feelings of the public would be enlist t bst at the same time say that he had made the utmost in- favour of the convicts. For his part, he thougu' ot ber quire- into the conduct of the medical officers at Wool- the medical men perpetrated quite as bad things it e „, e eet wich Dockyard, and so far as he could aster- men—(Laughter)—and he trusted that the mediettiroyeell tain there was not the slightest foundation for Woolwich would not be sheltered under the n io rrer the serious statements which had been made to-night. ment wing, but that the perpetrators of those e .. wo ld The Hon. Gentle man had spoken of corporal punish- ties would be given up, and that the Governine ° ,„' w ould Inente. In a conversation which he had with his Right agree to this Committee, and that the delinque"„e that Hon. Friend the Secretary for the Admiralty, he had be given up by the authorities; and he did h o p e learned that the reports lately given them had only been this investigation would be permitted. dii i one corporal punishment inflicted during the last 4 years. Sir W. JAMES thought that such accusationsreteels The Hon. Gentleman bad gone over his points without should not be lightly brought against such re e s P t whey giving him any previous notice of either their nature persons as Mr. Capper; and he conceived, flat sonlet or details, and, of course, he had come there un- such grave charges as these were to b 3 made• t '., e iiiite n prepared to meet the statements of the honourable intimation should have been given to the G°'. o ford , Member. At all events, however, if the Honour and to the parties concerned, as also that full l o ole able Gentleman would supply him with the names t ion should have been furnished to the Rightl3°' le Or'? a of the parties who vouched for the accuracy of his state - man the Secretar y for the Home Department' los t . merit, the Hen. Gentleman might rely upon the matter well known that the Hon. Member for finsb o ur f ee s e dt t being fully investigated. At present, however, he could the habit of making t hes e char g es, and that be aw not accede,* the motion of the Honourable Ge,ntle. titularly fond of clap-trap speeches such l e ea bjeed man, and,' after the exaggerated statements which, made that night. Had he fully considered 'Li bel ee Ye" . it had turned out, a former petition contained he would never have made such statement s °s this Coin' on this subject, he trusted Government would not be notwithstanding the desire which he felt!" ts differed' , taunted with refusing Committees in the face of serious [iliac° should have been moved for and revolting accusations brought against particular manner, he trusted the Government' public officnn-s. It was impossible to speak of Mr. but he warned them, Capper in other. terms than those of high eulogy, as he the charges of the Hon. Gentle that if granted, ^ we retl:uld grant dilf man re 0 had devoted from forty to fifty years of his life to that an entire abolition of the system. °WstlllbildiSitieeB473° ' , if the department of the Government which had the manage. Mr. OW EN STANLEY perfectly' agreed tha t "if the merit of the convict establishments. It was the things stated in this allegation were proved, a nd te s intention of the Government to introduce a facts with respect to Jacob Dodge were made Opt d, Bill which would provide for the employment of they were stated to be last year and were substsenhe convicts under as vigilant inspection as that employed this commission ought to be instituted, and th a t -OS in the various prisons of the City. It the Honourable report of the commissioners was not satisfactory bite Gentleman would furnish him with the par- House. But yet, in granting this inquiry, they og st tbs titulars of the cases which he had stated to be careful to substantiate the facts asserted , while ipoer the House, or of others which might come with- same time he would desire that the results of thi s bee eek in his own knowledge, he would institute tigation should bring out the whole of tlie I:frau: o l 0 101 e the most searching and rigid investigation, but it would and that they would support the assertions ab not be well to institute an inquiry unless it Member. . ino.a were clear that there were grounds for melting Mr. EWART thought that this inquiry neer he tit s it.—(Hear, hear.) He hoped he would allow him at diately concerned the military departmentehlteendse,, all events to institute an inquiry in the way he proposed. say that on an occasion like this, when an lliner e - e d es_ He hoped, therefore, the House would not accede to the Member of Parliament produced such reasonS,24.elr appointment of the Committee which the Hon. Gentle- duced such facts as those which had been sea te i 7 t pel°es, man had moved for. Hon. Member fur Finsbury, this inquiry oug o eitlw Lord MAHON said, as the llon. Member had brought granted, and he should therefore vote or the g . ahiCh forward charges without furnishing his authorities. He of this Committee. 'pie' ere could not expect her Majesty's Government to concur Mr. T. DUNCOMBE said, that if the-prinet_wo , in the appointment of a Committee. lie ought to rest the Right lion. Secretary had ventured to lay t t got satisfied with the assurance of the Right Hon. Baronet to be acted upon, no independent Member of tfo t itsr t that he would order an ample inquiry into the would dare to make a statement that was not g, t hotiKi circumstances which he had detailed to the House, by some such authority. For his own part , i ) Z o o l er lie must say, with respect to the system of the hulks, as it was quite sufficient that an independent _.'ir.ol4 hitherto conducted, it was in every one respect deficient; that Reuse made out a prima facie case for, ingl it 'e'llig t ; i : t and as a proof of that, he wenld refer to the fact, of title him to the committee which he sought.. t he PO the re-imprisonment of many an offender after dis- Hon. Gentleman had asserted that he was n t so d li, missal. It' the House would refer to a report presented in of making assertions without sufficient preel ito tiq 1842, by Mr. Capper, the superintendent, they would brought forward the case of the Milbank dents n, find that the total number of prisoners confined at the The commission had only this morning ased e 2 o 01_ 4 .7 beginning of that year was less than 1,625, who had and therefore it was utterly impossible to tan b ei c7,a been previously convicted for various offences, and 487 servations upon it. lie w o uld onl y remark the known to have been before in custody. There were only m i ss i on co n s i sted o f Lo r d C hichester Lord Sol by el l i, 1,450 who were not known to have been in prisons be- Mr. Biekham Escott, and the report was signe wes pe e , fore, and from this number must be again deducted those two out of three of the Commissioners, and he os eri e who had been imprisoned under different names, and had fectly content to rely upon the report of 0 1 % e he i assumed an alias. That spoke volumes against the sys- sioners themselves, for a justification of 0 4 re! , oi tern ; but it was premature to discuss the question until which he had brought against Mr. Capper, ar, - ; 011 11 Z the papers promised by the Right Hon. Gentleman statements which he had made. lie was du b- et ed P 0 should have been laid on the table. He would only say, to stand by the facts which had been pnblishePi;sa be.ecit in resieting the motion of the er fur Fins. was uite ready to rely on the report whic h e te Wh i ll e bury, that he was not to be su pp osedpp to support the published for the justification of the stateineu ee 1. 1 ~ system of the hulks if he voted in favour of the Govern- as an an independent Member of that House! : p ost ; merit on the present occasion. made in his place in Parliament. And if suct o /*/ Mr. AGLIONBY said he was by no means in favour lege as he assumed were to be denied to M e of the hulk system, but at the same time that he made Members of the House, there would be an77 ,e diff t et t investigations which could only be substantis inte itte , that statement he was very glad to hear that the system had been in some degree amended, and although It was evidence to be adduced before such ,° ° . t b 1 0 admitted that there were abuses, he was glad to bear as that which he now sought. " 1 0 1 1 that inquiries were to be made. If the Right Hon. sped to the committee on post-officence 17 0 Member should feel it 'his duty to divide the House, he it should be recollected that , the evidence W e i ts should on this, as on former occasions, divide with him, never been made public, and therefore the P ate/ 0 1 J He .did not mean to impugn the conduct of the Right altogether in the dark as to whether the btu Hon. Baronet, but when an Hon. Member in his place which he (Mr. Duncombe) had made were subettron s e made charges of this description, he must have satisfied or not, but it was evident that this investig e to d O A himself of their correctness, especially when it implicated, been useful, and that the statements which be too l tha were borne out by the fact, that it was understueolisher; men by name. lie was happy to hear that' there would be a commission to inquire into this case.—(Cries the po we r g iven for o p enin g letters was to be a t. ", e tee' t ; of "No no.") Well, he had been misled by the allue and he t ho ug ht that the secret es p ionage ougl:,`,l Ore sion made to a commission by the Right 11 , ,n. Baronet be done away with. The Hon. Gentleman 5000,4 with reference to the Penitentiary , and which he un- that these statements ought not to be made,,The t i ' s derstood by parallel reasoning would be granted in this communication having been previously ma` h e e . flea s case. His objection to a commission was, that it -Would' Right Hon. Gentleman the Secretary for le ..n i e ed . ,,, be private, and the public press would not be admitted. Department. They had had such a cue' l o l7o ,:, Who were interested in having this committee ? Was with the Home Secretary, and nothing ice 0 0; it the parties accused, or the public ? He thought that suited from it ; but he repeated that a d o t i ro ,' t o liance with the rule would entirely ~,s r iittel e jo both were interested in having the matter sifted to the P bottom. Even in justice to Dr. Bossy (as he believed rights of an independent Member of 41 ' jot it , he was called), and the other parties connected with With respect to Mr. Capper, he would rep at? he , him, he thought that the truth of these statements believed that Mr. Capper had not done his ch l i (4 l o , ought to be investigated, for surely they were as much ever much he regretted that circumstance! R ight t a . interested as any parties in the country. He k new me mission were to be appointed, he hoped the sw i g oe lt Pi le thing of this case whatever ; he had never heard the Gentleman would be made one member and h d cone l lte names of the parties, and the only ground on which he other, and himself the chairman. , He shota to e e cit , voted for inquiry was, justice to all, by a public and im- by moving that a Select Committee be aPP °i •ool ifi r ed mediate investigation. What object could there be in vestigate the condition of the convicts at c ottr the Right Hon. Baronet's refusing this ? lie (Mr. and to ascertain the number of deaths ail" est i. Aglionby) confessed that he would rather that the Hon, amongst them during the laSt year. ,A, OP : il ia Member for Finsbury had supplied the Right Hon. Sir G. GREY explained that he had had - chat c o t% Baronet with the dates and particulars of this case, at cation with the Hon. Member for FinsburY9 e ter es - ,•, the same time concealing the names of the accusers. not at that time pledge the Government to en But even then all that the Right Hon. Baronet would the investigation which he desired. . t he h a ve done, would have been to have sent down th ese The House then divided. a iled allegations, that they might be investigated ' • and, if On the re - entrance of strangers to the g . ' eeei po s sible, contradicted ; and he would h ave laid that numbers were ascertained to be— - 4 4 contradiction on the table of the House, and expressed For the motion l et his belief in the truth of it. He sh ou ld cer t a i n l y di v id e Against it • , ..____-.1 1 a with the Hon. Member for Finsbury, if he pressed the Majority 10 °. House to a division. CHARGES AGAINST THE LATE Sg.,-- re. 0 . Mr. WAKLEY said that a ft er th e s t a t emen t w hi c h FOR THE HOME DEPARTIeIE c "e t he 01 ..e0 his Hon. Colleague h a d m a d e h e was b oun d i n j ust i ce to M r . FERRAND th en rose to bring forw a t cans press his motion to a division. His colleague had said tion of which he had iven notice, relative w ie .,e T ie that he believed the statements that had been madecharges which he ; bad SO p ray how could he then fail in pressing his motion? He con- 1 cretary for the Home Departments He tiegite t he fessed he was surpri:ed and disappointed with the obser- house for an inquiry into the truth of the a co o f vs vations of the Right Hon. Baronet. He thought it was he had to make, and ho asked the inde l g en its 01 not for any Hon. Member to go to a Government office, House while he endeavoured to bring before m all and there make statements which would be better ex- the _grounds on which he asked for t c h i t re tari sp it, pressed in his place in Parliament. He could not forget - In 1244 the Right Hon. Baronet the late vi ' b e e - t 11 0 0 ' - eo . : that when Hon. Colleague had brought the abuses of State for the Home Department did him deed b, t b e the Post-office before the House last session that and what he would feel to the hour of his th at V b li 0 the. the principal witness before the committee, a per- , an act of the most cruel injustice. He l e S o use dat son named Mit c h e ll, was dismissed after he had would that evening be able to convince the ‘re b e bs i fr held Ids office for ten years, and no fault bad he was justified in making use of the languks ato jovi al ; been fou n d w ith hi m . His lion. Colleague asserted that the meeting at Leeds, and that when he refus e ttee he „ s o in the treatment of these prisoners erery point of the that language in the House, he did so hee e , be t Ifewi t t law had been violated. lie (Mr. Weide)) confessed that by no right could he be called upon in t : be elig o , that he could not believe what Lau been stated with to answer or to justify any remarks whi c m" hlic L) , •to the 1 3° e th* respect to the medical Officers.—(ghter.) But if make out of doors when examining in se es te r . 1 ,0 he did not believe that, it was no reasenti why an inquiry duct of a public officer. He did not intend w iort, for P . Sho u l d ,not be demanded. One half of the allegation i evening into theconsiderationof the new Poor'Poor' s lio dig tha pril an( • da 3 bat put