The Express.
London, England, 1853-02-01 00:00:00

have gene further, and even in those controversial writings,
of whisk you were the author, en her behalf, while you
were still among her inembein—although the argument
might sometimes be severe because it was just and unan-
swerable—even in your writings on matters of controversy
there was nothing like personal bitterness. If, on the other
hand, Dr. Achilli was all that you represented him to he, ,
the church of England might still have said that he had
not bean born within her fold, that he had sot been taught
in her schools, it was rot her discipline that had formed
Lim. She might have pointed with regret to another
church, and said, however bad he may be, I, at least, am
perfectly free from any blame with regard to him. And she
might have gone further, and said that though sae had left
the church of Rome, yet under whatever circumstances
he had done so, he had not been honoured or trusted
by her. Now, these remarks I have made because 1 think
they are so obvious to every person upon consideration,
that it is but fair and candid to those wan have had
to do with the earlier part of these proceedings to state this
much ; it is but just to suppose that these considerations
may have worked in their minds. The duty of the court
is, however, not confined to see whether your guilt is miti-
gated. It is also bound to consider the whole case against
you ; and here lam bound t point out that the plea, as
the libel made it necessary iu the first instance, sets out •
great number of charges, and that all we have hitherto been
saying with respect to the evidence of the case applied only
to portions of those charges. As to the residue, some evi-
dence may have been offered, tome fur one charge, some for
soother; but as to some, no evidence at al. was offered, or
the evidence that was offered was entirely insufficient to
make out the charges. Now, it has been argued that, sou-
posing we believe the case to be proved as to certain of
those charges by strong evidence, the guilt as to the rest
may be presumed. The proof may, it it be carried so far,
raise a probability ; but upon such a probabi ity no jury
would be allowed to convict, and no court could
proceed to consider it as proof in your hi -
half ; and if not, it is to be remembered
that he who undertake* to being forward a charge against
another person takes upon himself the onus of proving such
a charge, and ought not to undertake it in the first instance
unless he has the beet teasers for believing that he shall be
able to prove it. If he fails, he has inflicted an injury
upon his brother man without having established a justifi-
cation for so doing. I regret to say that, passing from the
matter of the libel—for atter all that has been said I should
but be wasting time if I went into detail as to the particular
charges—there is something to be said with regard to the
manner and spirit in which it was expressed. Ido confess
that when, long ago now, my attention was first drawn to
the pages which aro before me, I read these words with in-
finite shame and disgust. It appeared to me, I must say,
as a mete matter of taste, that you had totally departed
from the usual style of your productions, and, what was
much worse than that, that you had used a scheme and an
arrangement in setting out these charges one after the
other, and that you had closed them at last in a way which
has exposed you to the strong observations which I
hope you have heard to-day with surprise as well
as with regret. One of the advocates for the
prosecution has stated, for the second time to-day,
the impression produced upon his mind by the manner in
which you have described the last charge made against Dr.
Achilli. lam sure no such thing was intended ; but that
you, • master as you are of the art of writing, should have
expressed yourself in this way, lays you open at least to
the imputation of great recklessness in the manner in which
you put forward the charge. It is sad to see that, speaking
of the reformed church, you should commence with a
sentence such as this—. n the midst of outrages such as
these, my brothers of the Oratory, wiping its mouth, and
clasping its hands, and turning up its eyes, it trudges to the
Town-hall to hear Dr. Achilli expose the inquisition."
Surely that was not language in which you should have
spoken of a church of which you had been so long a mem-
ber. And the whole course of these pages which lie before
me is conceived in the same way; partly in what may be
called ferocious merriment, partly in triumph, partly in
exultation over the unhappy man whose foul offences you
were producing before your hearers. Surely, if you
have felt yourself called upon to act as the judge
and as the executioner upon a man to foul, so
wretched, as you described Dr. Achilli to be,
you should have approached that task with feelings
of sorrow and sadness, and executed it with tenderness and
with consideration. Judges do not pass sentence upon the
foulest criminal without some emotion, sometimes, indeed,

an emotion difficult to control. Homan nature shudders
when we hear of an executioner branded for exulting in
the ingenuity with which he tortures and destroys a crimi-
nal. But you have made and repeated these expressions as
if they were matter of exultation and merriment, and, es it
seems to me, with utter recklessness of the great importance
and the serious nature of the charges you have made. I
have now, I believe, however imperfectly, stated the diffe-
rent points of the case which seemed to me to deserve obser-
vation. I hope that even in this crowded court there is not
a single individual who looks with triumph upon the spec-
tacle before him. I am sure that the court addressed itself
to this duty in no spirit of exultation. The sentence
which it is about to pronounce by my mouth is not in-
tended to be a cause of exultation to one party or the
other. It will be meted out to you simply and solely
upon consideration of the acts that you have done and
the motives which impelled you to do them. I have
spoken of the feelings of the court, and I am sure
I participate in those feelings. Firmly attached
as I am, and I believe I ever shall be to the Church of
England, in which I have lived and in which I hope to die,
there is nothing in my mind in seeing you now before me
but the deepest regret. I can hardly expect that you will
take in pod part many of the observations which I have
felt it my duty to make. Suffer rae, however, to say one or
' two words more. The great controvetsy between the
churches will go on, we know not, through God's pleasure,
how long. Whether henceforward you shall take any part
in it or not, it will be for you to consider. But I think the
pages before me should, upon calm consideration, give you
his warning—that, if you engage in any controversy, you
should engage in it neither personally nor bitterly. The
road to unity is by increase of holiness of life. If you, for
the future, sustain, as you may think you are bound to do,
by your publications the cause of the Church of Rome, I
entreat you to do it in a spirit of charity, in a spirit of humi-
lity, in a spirit worthy of your great abilities, of your ardent
piety, of your holy life, and of our common christianity.
The sentence of the court upon you is, that you do pay
to her Majesty the fine of 100/., and that you be imprisoned
in the first class of misdemeanants is the Queen's Prison
until that fine be paid.
Immediately after the sentence, Dr. Newman left the
court.
lee Attorney-General then said that he had considered
the set of parliament in reference to the question of costs,
but it did not appear any application to the court was no-

emear72
Sir F. Thesiger said that he also bad looked to the act,
and he e inurred with the Attorney-General.
Lord Campbell said that the view taken by the counsel
appeared perfectly correct. The costs must be left to the
Master • if either side were dissatisfied with his judgment,
they could then come to the court.

A WOMAN STABBED BY HER HUSBAND.—Yentor
dey, Mr. Jardine, police magistrate at Bow-street Court,
attended at King's College Hospital to take the depositions
of Mrs. Sarah Fitzgerald, who was then in a dying state,
having been stabbed in the breast with a gimlet by her
husband on Sunday morning, at their residence, 7, Angel-
oourt, Strand. Mrs. Fitzgerald, on the book being ten-
dered, refused in the most decisive manner to be sworn,
nor would she utter a single word that might tend' to im-
plicate the prisoner (her husband), and when asked how
the occurrence took place returned an evasive answer, and
then added that they (the prisoner and herself) had both
been drinking on Saturday evening ; on their return borne
some words ensued, but by whom or with what instrument
the wound wee inflicted she would not lay, and when
shown the gimlet and asked if it was done with that im-
plement, she refused to answer. At present the husband
stands remanded upon such indirect ',cinemas as could be
obtained at the hospital. Late last evening the wounded
female was described as sinking rapidly.
BURGLARY AND OUTRAGE AT TYSOS.--On Thurs-
day night, after the inmates had retired to rest, a %otter,
near to Mr. Chambers', at Tysoe-hill, was forcibly entered
by burglars. They succeeded in getting some silver
spoons ; and maltreated the inmates—a male and female—
in a most brutal manner, leaving them in •condition bor-
dering on death. The villains escaped.—NortAampron
Herakl.
CONVICTION OF A POLICE SERGEANT.—At the
Greenwich Police court, on Friday, Police-sergeant Bathe,
45 It, was convicted by Mr. Traill, the magistrate, in the
sues of 51., or three weeks' imprisonment, for the following
misconduct few evenings back he met with the master
of a vessel, in an intoxicated state, and he deemed it most
prudent to take him on board his vessel instead of lodging
him in the station-house. On their way along they called
in at a public-house, and the captain stood two bottles of
wine to the company round. On the sergeant getting hint on
board some altercation ensued, and he accused the officer of
robbing him of 251. The letter got very indignant at the
charge and and eventually took him away to the station-house,
and locked him up u drunk and incapable. On the fellow-
ing morning the captain was discharged by the magistrate,
and eke Commissioners of Police directed proceedings to be
taken against the sergeant, which terminated as before
mentioned. He had been 13 years in the force.
' RATE OF DISCOUNT IN OLASCOW.—The Glasgow
' banking houses have followed up the measure of the Bank
of England by raising their discounts II per cent. Scotch
bills at four months and under are charged 4 per cent.,
4i per cent. being charged for longer periods. London
paper discounted at per cent. under these rates, viz.,
is
percent. up to four months, and 4 per cent. for longer
dates. This increase in the rate of discounts has net
' been accompanied by any corresponding increase in the
interest allowed on deposits and current accounts, which
in the meantime remains as before.—Edinburgh Witness.

DEATII OF IRE EARL OF TYRCONNELL, G.C.B.—
We regret to record the somewhat sudden demise of this
nobleman, who expired on the 26th instant, at the
family seat, Hiplin, Yorkshire. The deceased was born in
1790, and married, is 1817, Sarah, daughter of Robert
Crowe, Esq., of Kiplin, by whom he bad an only daughter,
who died in 1847, and his lordship having no collateral re-
latives, the title becomes extinct. The deceased succeeded
to the title in 1812, on the death of his brother, who died,
owing to fatigue, at Wilna, while in pursuit of the French
troop.. Another brother of the family, Lord Carpenter,
was also • distinguished military commander, and was
governor of Minorca in 1716. Thelcelehrated Tyrconnell,
who was Lord Governor of Ireland in 1688, was an ancestor
of the deceased. At the period in question Ireland was the
battle ground between William 111. and his father-in-law,
James 11., whose cause Tyrcounsll espoused.