The Express.
London, England, 1851-05-29 00:00:00

THE EXPRESS, THURSDAY . EVENING, MAY 29, 1851.

I Mr. B. DENISON hoped to see the bin tae- Una elan lisalsequer. in teepee! of the treasure and other
jetted aTaillialla beard the Spanish frigates captured on the sth
Mr. E. ELLICE seal Ise had stated the other day that day of *Saber. UM, by the ships under the orders of Cap-
he objected to the plied* of the sesseure, and that the tails Moore ; with a retatra of the manner in which
object of his mend emessimese wen Is prevent the Ulnas- the sums were appropriated, distinguishing the
daring of 'am that was awarded to the cainore.—Ordered. '
Mr. LA 7:-.7J1 HlTrar =toad before that be SAIL NG QUALITIES OF ESSELS OF WAR.
did not believe the principleiof lk bill was framed in • Sir G. PECHELL move d for a returner the several trials
manner which it was advisalliii Is %Opt, yet that it would of sailing of her Majesty's ships Leander, Phaeton, Are-
elect a considerable the existing system. thusa, Indefatigable, Thetis, Arrogant, and Dauntless, be-
ll' the clause were eine& eat eltegetber, the bill would be tween the 12th day of March, Disk), and the 3rd day of May,
almost done away with; whereas the passing of the clause 1851, stating by whom the said ships were built, with the
would go far to satisfy public opinion. He should resist report of Commodore Martin as to their several qualifica-
every attempt to strike the clause out of the bill. lions for all purposes as vessels of war.—Ordered.
Mr. RICARDO could nut see the possibility of this clause The house then adjourned at five minutes to six o'clock.
being in simultaneous operation with the Railway Classes
Consolidation Act. Ile would support the amendment, but
he should also vote against the whole clause.
Mr. ELLIS, believing the bill to be a bed one altogether,
thought that the lees it was before the committee the better,
and he would do his best to destroy it. It was ridiculous
to suppose that men of business in this country could not
manage their own affairs and protect their own interests.
Mr. BROWN inaseed on the necessity of some trustwor-
thy method of investigation by competent and impartial
persons.
Alter a few words from Mr. E. ELLICZ, jun.,
Mr. HENLEY opposed the clause. The President of
the Board of Trade wished to put attorneys and engineers
on the s mese footing as regarded taxing their bills, hut this
clause did not make the necessary provision for that pur-
pose. There was established and regular machinery for
taxing the C.J4tA of attorneys, but none existed for regu-
lating the charges of engineers, and no means were pro-
vided bhe hill. How then was it to be done
Mr. L'tBOUCHERE did not think there would be the
difficulty in carrying out the clause which some hon. mem-
bers accused to .141110bC. It enabled the auditors who re-
presented the shareholders to investigate the accounts of
the attorneys and engineers, to refer them to some compe-
tent authonty, and then to take proper and legal means to
cut down such charges, if excessive. The hon. gentleman
asked how it was to be done, from which question it might
be inferred that railway companies had nes er resisted the
exorbitant demands of an engineer ; but he believed they
had frequently done so.
Mr. .10LIONBY said that although the measure ap-
peared to be somewhat complicated, and to present some
difficulties as to the practical working, he having the same
object iu view as that professes' by the bill, would not pre,
hi, opinious against those of the lion. member who had in-
troduces' it.
After a few words from Mr. ]lowan and Mr. lIENLET,
Mr. E. ELLICE, jun., explained that his object was that
the accounts should be over-hauitd by some other tribunal
than a hoard of directors.
Mr. RICARDO did not really understand what the I
amendiu-nt now before them was. The clause, and peed-
cularly this part of it, ought to be taken not by itself, hat
with the whole bill, and then the extraordinary complica-
tion of the machinery would be seen. k rosin the accounts
were to be kept by the directors in a particular form ; then
the accounts were to he overhauled by auditors appointed
by the shareholders. Then an accountant was to be em-
ployed who was to report to the auditors, who were to
report to the directors, who were to report to the
shareholders. (Laughter.) But that was not all. After
this there were twenty shareholders to examine the ac-
count, again, who were to have the power of calling in
special auditors, and they were to have all the powers of
the firmer auditors. When eras all this to stop ?
Mr. AG LIONBY considered that the amendment, as

7ARY COMNIITTEES.

SMITHFIELD MAttErr.—Yeaterday, on the re-
assembling of this committee, Mr. Cardwell in the chair,
several witnesses were examined in favour of the proposed
removal of the market. —Mr. S. Holme, a member of the
co ration of Liverpool, deposed that the market there
had been removed from the centre to the suburb', and that
general advantage and convenience had resulted.—Mr.
Dugdale Houghton, surveyor, of Birmingham, alleged that
like advantage had arisen from the trawler of the markets
at Birmingham, Shrewsbury, and Wolverhampton from the
interior to the environs.—Mr. J. T. Norris, member of the
Common Council of the City, was examined at great length,
alleging that the abandonment of the present site of Smith-
field, and its location in some one of the outlying districts,
would be advantageous on various grounds.—Mr. H. F.
Hamilton, surveyor, had examined three suburban sites fur
• metropolitan market, at Horwsey, Camden-road, and
Copenhagen-fields. Thirty acres might be had at Hornsey.
—Mr. Symonds, Couunon Councilman, and Messrs. Salt-
well and Smith, salesmen, were also examined, and ex-
pressed themselves l refavourable to the removal of the exist-
ing market ; and the committee, at four o'clock, adjourned
to Friday.
Tae NATIONAL LAND OA CtIARTIST CO-OPERATIVE SO-
ClETY.—Yesterday the committee re-assembled—Sir 11.
Verney in the chair. Mr. Coates, the parliamentary agent,
said that, in the absence of counsel, he had, in consequence
of the extreme poverty of the parties, undertaken to repre-
sent the opponents of the measure, and the principal
amendments he bad to propose on behalf of the alluttees
in the unfortunate concern were to the effect, that under
the winding up process of the undertaking before the Mas-
ter in Chancery, which was the principal object of the bill,
a clause might be inserted for vesting all the property in
tbo official manager to be appointed as nt present, all
the land that had been taken by the allottees, but parted
with, vested in Mr. O'Connor. Many of the ulluttees—
poor weavers and artisans—had taken these allotments of
land without any deed of conveyance, and discovered that
they were so remotely situated from the market towns that
they could not send their produce for disposal, and were
consequently utterly ruined. Some were in actual desti.
tution, and had no resort but the workhouse. Those who
had a legal title could nut be evicted without a suit in Chan-
cery, and provisions to meet these emergencies would be
indispensable. The committee reserved the consideration
of these questions, and proceeded to examine Mr. M'Grath,
one of the chartists, who described himself as of "no
business, and a director and original ?remoter of the pica-
sure."—Adjourned.

now amended, was as improvement on the clause, and
Afforded addition d proles-thin to the bltarehul&r. 101,1 the
public. It would give the auditors fresh powders in re-
ferenee to accounts paid as well us th,A,C unpaid.
After some discussion the committee di; ided on the
ameadmost
The numbers were--

TILE PETITION OF MR. ERNEST JONES.
The humble petition of Ernest Charles Jones, of
the Middle Temple, barrister-at-law, showeth
That your petitioner, for a speech delivered by him in
June, IpIY, WWI sentenced at the July sessions of the same
year, by the then Chief Justice, to be imprisoned for two
years and one week, no other punihmrnt being embraced
in the sentence' but receiving while in the dock, in reply to
a question asked, repeated assurances of considerate and
lenient treatment.

Ayes
Mr. 11. BROWN then moved in clause 8, page 4S, line 8,
alter tho word " payment" to strike out "ur transactions
whether paid or unpaid."
Mr. LOCK E had no objection to strike out these words,
although he thought that Ly duing so the usefulue,s of the
auditor. would be mush impaired.
Mr. LAIR/I:CH ERE regretted that his bon. friend (Mr.
Locke) bad agr. cd to strike out these word.. There had
been quite as mocit misconduct regarding what were called
trans. Actions as accounts. Ile would give one invtince. In

Your petitioner was subsequently conveyed to Tothill
Fields Prison, Westminster, and there, during the entire
period to which he was sentenced kept in separate confine-
ment on the silent system, which was enforced with such
rigour that he was severely reprimanded for even reading
the Bible to himself, though in a scarcely audible voice.
Your petitioner was further compelled to pick oakum,
which he did on his arrival, and which labour was remitted
only in consideration of a weekly payment of money. Ile
was made to wear the same dress and parti-coloured cap as
culprits guilty of heinous offences, and marched about the
prison iu the same files with common felons, subj..cted to
convict discipline so rigorous as to mace uu involuntary
smile, turning the head to the right or left, or folding the
arms, a punishable offence; supplied with indigestible and
unwholesome toed, to the serious injury of his health ; not
allowed a kirk, being obliged to use his fingers instead;
and not furnished with sufficient underclothing fur health
and cleanliness.

the case of one of the few railway; where a government
auditor had limn appointed there had been a very iMprO.-
per contract for iron brought to light. The striking
out of the words would, he conceived, greatly impair the
efficiency of the ineamre.
After a few word, front Mr. Mae.tkoo and Mr. Lsl:ut•-
l'll KIM in reply,
Sir W. CLAY said that if the word " transactions " re-
rallill4.ll in the bill it ought to he called " A bill for the con-
trol of railway directors," as that was the real object of the

Mr. HENLEY said the amendment was not confined to
the word " transactions." The word " pending " was also
taken out, and if the amendment were agreed to in its pre-
sent shape, the auditors would only have power to inquire
into payments made. The hon. member (Mr. Locke)
had supported an amendment which he had declared was
inconsistent with the bill, and now be supported another
aanclidm lit which WAS incamistent with titat amendment.
(Liu4litvr.)
Mr. EW.tRT admitted with Mr. Henley that the words
" pending or complete" were governed by the word pay-
meads" a. well a. the word "transaction.," and theretaire,
that if the amendment were agreed to, the auditors would
nut have the power to iuquire into payments winch had not
hven iietuaily made. Ile suggested that the words should
be retain. +l, oiail that,. to cm.t coquet:oos 41 e UV r ,
t • •
pvvutuary should be inserted before trans-
actions.**
Mr. HICARDO maintained that the insertion of the
word "pecuniary" would leave the clause quite as vague
and iwklinite a, it stomp at present.
Mr. EVANS hell that it was necemary to give tho
auilitura power to report on all transactions.
Mr. AtILIONHY supported the retention of the words
with the insertion of the word " pecuniary." If they de-
cided to strike out the wordi they wuull afterwards find
that it was necessary to re-insert them with the addition of
the word pee tttt irry." Without the word •• pecuniary"
the clause might make the powers of the auditors tool
pensive. He deprecated the eounie pursued by some hon.
lumbers in the last division, who huil voted for the pur-
pose of making the clause bad in order that they might
throw out the bill altogether. It was nut a fair way of
acting.
.

During the greater part of the months of November and
December, 1818 (which were remarkably severe), your
petitioner was kept without fire, and with the sane
clothing as in the height of summer, in a day tell, two
windows of which were unglazed, having merely shutters,
and its doors (which closed inapt:rim:Cy) opening directly
on the prison-yard. In neither winter during his de-
tention was any addition, even in the met rigonius
weather, made to the clothing he wore in summer.
Your petitioner was further forced, during the chief period
of his imprisonment, to sleep in a small night-cell, about
six feet wale by eight feet long, in a thorough draught, lx-
tween the window and door; the former fitting 60 badly as
to admit the rain; the latter, ea did also two large gratings
of about our foot square each in that cell where he was
principally confined during both winters, opening directly
on the outer air. Such was the damp shad fog in these
cal. during winter, that your petitioner has of mornings
brushed the dew oil his blanket, and suffered front the hu-
midity of his clothing. Your petitioner thence became
afflicted with tic douleureux and rheumatism, so severe as
Monist to deprive Man of the use in his limbs. Notwith-
standing this his cell was nut changed %bile suffering
dm, till shortly before his leaving the prison, and,
though Afflicted during five winter months with the most
aggravated attack of neuralgia, ha war compelled to rise
at a quarter past viz iu the morning, and even in snow or
rain to walk through two yards, and wash and dress in the
open air, under a recess in the wall. .

Your 'petitioner was, by this treatment, reduced to a state
of health so precarious that he Met sixteen pounds in weight
in seven weeko, us the infirmary book, will prove, and was
unable to walk across his cell; the surgeon was compelled
ti order him into the infirmary, where he remained e-
teen weeks, at two intervals. flu leaving the infirmary the
first time, no alteration being made in his treatment; the
consequence was, the 1111/NCOII was obliged to send him Inuit,
after the lapse of a fortnight, in a more dangerous state than
before. During part of this time, as he then asserted on
his oath, and as he still believes, his lite was in imminent
danger; his wife, therefore, petitioned fur leave that
Mr. Cholmoudeley, of 3, Nottingham-place, Regeues-park,
who has attended petitioner and his family for tw tiro '
years, might be allowed to bee him, hut was refused. Mr.
Wakjey, a number of your him umlde house, applied as
such, and in his medical capacity, to see petitioner, limit was
also refused permission by both the visiting justices sad Sir
George Grey.
Your petitioner, after leasing the infirmary a second
I time, was (with the inception of obtaining, after a while,
a larger night cell), once more subjected to the 1:11010 treat-
ment as beiore, the elfeet of which was the ruin of his
health and the indiction of nervous and rheumatic cunt-
-111:61It`, from which he is still suffering severely, and from
which he believes he can never wholly recover Your pe-
titioner further begs to state that] (with two exceptions) he
was not allowed to see any friend or relative more than tour
times in the year, and then only in presence of a turnkey,
and for twenty minutes each time; that atter the first
three months he was nut allowed to write a letter, even to
his wife, more than once a quarter, the permission of
writing oftener, after ter period named, having been with-
drawn without petitioner's having given any cause, or
broken a single rule of the prison, but, on the contrary,
having been repeatedly com.nettiled for his conduct ; that,
nut even during the tearful visitation of the cholera, though
petitioner wade • special request to be allowed to hear
from holm, was that request acceded to ; that he was,
during the tint nineteen months of his imprisonment,
not allowed the use of pen, ink, or paiser (except
for a few moments once a quarter fur the afeire•
said quarterly letter) ; that, though petitioner's wife
was so ill as to be long iu danger of her life,
permission was refused her to inform her husband,
or to communicate with him, and that when petitioner
was himself danuerously ill, ho was not able to acquaint
lei his wile with his condition until the time tor writing his I
quarterly letter had come round.
Such was the treatment to which your petitioner was
subjected during two years and one week, the entire
la-nod for which he was sentenced; and petitioner bego
to remind your honourable house that the sentence of
the judge, as delivered in court, was simply this: " The
sentence of the court is, that jou bi: imprisoned during
two year. on the first count, and one week on the
wood:- coupled with the assurances previously stated;
and petitioner begs further to observe that the same
treatment would naturally be far more injurious to the
health of a man in his situation of life than to that
of a man long inured to hardships and privations; whereas
petitioner can prove that prisoners convicted on infinitely
more serious charges were treated in a far more lenient
manner.

Air akw word. from Mr. 11. Ilitowx and Mr. B. DE-
"II4ON,
Mr. P.S,CKP: Raid he thought the bill was a scrim of in-
melba...mica. Ile wired that the 4:Warm:to Lave the
chair.

Mr. LOCKE said it was all very well for railway dine-
tors to tell them it was desirable there should be a railway
audit bill, and that government should introduce it ; but
the hour should recollect that ellen they had the oppor-
tunity, when government was desirous of introducing such
a bill, they were the very gentlemen to oppese it.
A. deputation waited upon Lord John Rusaell, audl
they promised if the government bill were with-
drawn, they would introduce a bill of their own. 'lll.l
went Inch to prepare a bill, but their sharelvilders rejected
it, anal they left it to the shareholders to prepare a bill of
some kind. tie -It areh idlers did prepare this bill, which
might have its defects, but it ale, had its merit., as was
proved by the opposition it had met with from railway di-
rector. in the house. Ile thought if they were to throw out
the bill it would be a peculiar hanlship upon shareholders.
Mr. GLYN said he felt bound to state that the hon. mem-
ber fur lloniton was only carrying out the intentions of
those whom he represented, and that he did houestly re-
present a large portion of the railway body who were called
together for that purpose, and who, from tune to time,
during the last session of parliament, held their sittings
in London, and drew up this bill, and then put it into the
hands of the hon. gentleman. Ile never supposed that the
directors of railway companies would be willing to support
the whole of the clauses of the bill, but he was surprised to
find when the hon. member for Moulton brought forward a
measure
it in the hands of the proprietors to carry sett the audit, he
was surprises' that boo. gentiemen belonging to railway
comp-attic. opposed that clause. lie thought it only fair
to say that the bill now ha ce nslud was introduced
under a pledge given to Lord J. Russell, and that
the government bill was withdrawn on the repress condi-
tion that they should brine' forwarl such a measure.
Mr. l'E'iO could nut hut feel that if the house rejected
this bill that those railway directors who opposed it would
deserve at the hand. of the government the most stringent
measure that could be devised. Ile thought it inconsistent
on the psn of the hnn. member for St. Andrew's, who said
he should vote against the third reading. to waste so much
time in trying to amend the bill.
Captain EtjERTON supported the motion of the hon.
member for Leicestershire. and said it was of uo use wasting
time in endeavouring to carry such a bill.
Mr ELLICE, jun., denied that he wad open to the
charge of inconsistency. Ile voted against the second read-
ing, and if the bill was passes he wished to mak* it
efficient.

Mr. AOLIONBT said he hoped the hon. member for
Leicestershire would withdraw his motion. It would be
better fir him to try to amend the bill, and if he did not
seemed he could vote against it on the third reading.
Mr. M UNIX said be was opposed to the principle of the
bill. lle did not see why railway people should be played
on a ditLrent principle from other people. Why not as
well have a Inn to audit gas ace iunts and to audit every
mum's recounts if he could nut audit them himself.
Mr. PACKE said he should persist in hi, motion, as he
itesight they were only wasting the time of the house by
gripasi:diiist with the bill.
Mr. LABOUCHEILE said he hoped the committee
would not agree to the motion made for disposing of the
bill in so summary a mariner. It would not be fair to the
hon. gentleman who brought forward the bill, or tra th:
shareholders whom he represented. But he thought the
house and the public would ere how YAM it was to expect
that any gnat alteration in the system of auditing railway
accounts would emanate (ruin the directors.
After a few words from Mr. B. DZNIsom,
The committee divided—
For Mr. Parke's motion 62
Against it
`I was therefore lost.
KNIT COURTS EXTENSION BILL.
motion of the Arrusvnir-Ougutax, this bil was

four 'set/honer now solicits the attention of your honour.
able house to the treatment he experienced when endea-
vouring to obtain GUM alleviation of his sufferings. Un
March the 19th, 1319, petitioner, finding his health unable
to bear the treatment indicted, and feeling convinced such
treatment was not intended by the court, asked permission
to write to the judge who sentence 1 him, for the purpose of
inquiring whether his treatment was in accordance with the
sentence passed, but the permission waa refu.,ed. Petitioner
was then threatened aith additional severities of an ag-
gravated character if he did not cease complaining of his
sulferimrs. lit was even told he would be set to scrub the
Boon ot the convicts' cells. Petitioner then applied for
leave to see the prison rules, but even this was denied him.
Petitioner then desired to see his solicitor, or to write to
him, but was refused. Petitioner then asked leave to peti-
tion your honourable house, which was prohibited by the
visiting justices, although he stated, as one reason among
many adduced for so doing, that he had several charges to
make against them (the visiting justices) themselves.
Pe-
titioner then applied to the board to know under what
clause of what act he was prevented writing, foe the
purpose named, to the judge who sentenced him, and
from petitioning parhament. The board refused
even to answer his questions. Petitioner was further
told that he should 1104 be admitted to me the shifting jai-
ling. at their weekly board-slay, though the act au/ the

, iitIii•HOCSES BUILDING BILL.
mooed through committee.
CAPTURED SPANISH FRIGATES.
PECHELL moved for as account of all seam
t the Beak of Eaglasal or otherwise, to the so.

prison ralesnlike specify sueh to be the right of prisoners.
Petitioner had never abused that tight, and had, previously
to such refusal (during a period of 10 months), applied only •
four times to see the magistrates. The governor thus arm-
rated the right to himself of admitting a prisoner to see the
magistrates or not, at his pleasure. Petitioner was further
told if, in his quarterly interviews with his wife, he alluded
at all to his treatment in prison, he would immediately be
forced from her presence, though the act gives no such
power. Petitioner was desirous of acquainting some
members of your honourable house with the treatment
he experienced ; and, accordingly, in his quarterly
letter, directed his wife to write to Mr. IVakiey,
Mr. G. Thompson, and Mr. F. O'Connor, request-
ing them to come and see him at the quarterly
period for seeing visitors. The prisoner was warned to
desist, since it would, he was told, be highly injurious to
him to ace those gentlemen ; every °hr.:tele was thrown in
the way of the interview ; and, as petitioner persisted, the
governor, with his own band, added a paragraph to peti-
tioner's letter, warning his wife not to write to those gen-
tlemen, under peril of being herself forbidden to see her
husband at the periods 'inscribed by law. Petitioner's
wife, alarmed at the communication, obeyed the governor's
injunction, end petitioner had the greatest difficulty in ac-
quainting the gentlemen named with his desire for an in-
terview. Petitioner failed in obtaining attention to his
case, owing to the impossibility of again conveying iu-
formation as to his treatment, and that treatment now
became more severe than ever. Petitioner was told if in
his quarterly letters he alluded to his treatment those let-
ters would he suppressed.
The weekly payment of money being seven day! in
arrear, petitioner was ordered forthwith to resume oakum-
picking, though his health rendered him unequal to the
labour, and his eyesight was seriously injured by the glare
lof the whitewashed cell. Petitioner then said that, since,
lon his oath, he believed his treatment to be contrary to
his sentence; since he was prohibited from writing to his
judge to ask if such was the case ; since be was prevented
from petitioning parliament, acquainting his solicitor,
friends, or relative., appealing to the magistrates, or even
alluding to his treatment in his usual letter; and since his
health was rapidly sinking under the infliction, he, on
his part, refused to perform forced labour, but at
the same time expressed his willingness to pick '
oakum forthwith, upon his being allowed to write to his
judge, or to petition Your honourable bowie. Petition, r
here begs to observe that in not one instance during the ,
entire period of his imprisonment did he knowingly break a '
single rule of the prison ; and in the case alluded to be- ,
lie led his treatment to be contrary to his sentence, but even
then resisted it only because the common right of every '
prie•lier was denied him, and both the laws of the country I
' and rules of the prison were set aside by the authorities.
Petitioner was hereupon, on the third of May, 181), 1
ordered by the governor to be lucked up in a refractory cell •
lan bread and water, without hooks. On inquiring " For
how long a time ?" the got error replied, "As long as 1
choose. I put you in at my pleasure. and I take vou out 1
at my pleasure. ' Petitioner was then seised by the neck o
and uncles, and forced towards the door of the ward, where 1
he was kept during three days in a refractory cell by the ,
governor's order, though the act expressly provides that U 0 .
prisoner shall be locked in a refructory cell on bread and I
water, except by order of two or more of her alejeety's
justices of the peace. l'etitioner was in the surgeon's 1
hands for several weeks after that, and on somewhat retie.
eyeing (the infirmary books will show, by the nature of tile
ruedicinesadmiuistered, that petitioner's illness must have
been severe), he was again sent for is days to a solitary
cell on bread and water, without books, having even his
Bible taken away. Petitioner was seriously ill of a bowel
complaint at the time; the cholera was then raging at its
hvig lA, the infirmary being then so full that patients were
lying in the common cells, and one died near the refractory
cell in which petitioner was locked. Two political
fellow prisoners, Sharpe and Williams, received the Ume
sentence front the board for the same cause, at the same
lilac as petitioner; they were in good health when thus
sentenced, but both died inimediately after the completion
of that sentence, and the inquest commented on the se•
verity of the treatment.
.. .

itt'the expiration of the six days petitioner was sentenced
to b.: sent back to the refractory cell muter the same treat-
ment, hut the payment of money and the dangerous state
of his health prevented the sentence from being carried
into effect. From that period, as the infirmary books will
testify, petitioner never recovered his health, and he feels
convinced that, had his imprisonment lasted a short time
loner 01(111 the period of his sentence, he would never hare
quitted the prison with life.
Vour petitimier, therefore, prays your honourable house
to grant some investigation act the treatment to which ho
was subjected, by which the authority of the judge was
superseded, by which the rules of the frison was violated,
the laws of the country broken, and by wit ch the health of
the prisoner was ruined and his life imperilled ; an investi-
gation that may prevent similar injuries from being in-
dicted on other prisoner; iu future.
And your petitioner, as in duty bound, will ever pray, &c.
ERNEST CHARLES JONES.