The Express.
London, England, 1865-11-14 00:00:00

JON
BROODKN'S PARIS FIRST CLASS Mr. BAggy% speech, is wellas of isabushischertaigrol
LONDON nun "D'113.-111"ftcw"- 11"1 remarks to the same purpose contained in s letter
coventeoese. repave. ice This Mnbilinmsni
rikleilresed das ssiandals as 1 ealook. of Archbishop Climax's, the Court of Queen's
tyiIIRCOAT&—HAME/FO and ItIMPTON Basch were unanimous, and upon both those
on asocial ammo= to Uns NSW WINTKS .sunup for points a conditional order was granted on Satur-
• v sitcom's; was InvKit an GOV IniPectinK WSW Wan. N.B. al
--..elasailirsumb SWIM 00 Inn y. As to the question whether the simple pub-
res, scouvaepwate trace tham illoation of the report of the proceedings at the
police-court was liable to a similar censure the
Judges were equally decided, and certainly such •
course does not seem to be open to the objections
which apply to the former. It may often
be as important for the interest of a pri-
soner that his friends outside the court
should be acquainted with the nature of
the charges; against him, as it can be for the
interest of the prosecution. But it is impossible
to put in too strong a light the duty of the Crown
counsel on such occasions not to assert anything
which he does not support then and there by suffi-
cient evidonoe, or the duty of a journalist, if he
speaks of the matter at all, to do so in a manner
which may correct instead of exaggerating the
errors into which the prosecution may have been
-intentionally betrayed.

DR. DE JONGIPS LIGHT-BROWN
uval' OIL, prett.escribed with metal= .weer ha
cueland c=,cd °WeccierZility ot adcialitelicancrtldren. c Inv hw
eriably
excellent, palatable and sadly atm UM
recogpleed to be tneomperehly superior to every other&
OM only tn melded Imperial pin_ guy 6d. : Plate, Od :
; be rawedebo eltantsta—dole Consignees, AllitAlt
RD, and Co., IT, Strand, Loudon, W.C.

LONDON must have a Supper and Mum Room
tor Gentlernen.—lternember we watt for you at KVANo'd
sitar the Covent Garden Opera aad the Theatres.

flit erprefsg.

11:1 0u5zanc00.........
on _
Advsettuassuts Winded tor Thu llaprr=ead ft.rwit
must be at the Moo. 10. Boa MI
on tbo day of publication.

HAIM&
Tifts symona. TRIM WILILKIRTIPTIM MARRIAOL—
=ID UP. Mr. Marla Matheses,_Mr. Mews: Miss Melly Moose,
MatthewsK Pitznintam. KILLKD COCK RODIN Messrs. C.
a and Chippendale; Mrs. C. Mahon—And NA
DAL=

OUR CONTEMPORARIES.

(THIS DAY.)

Pianism
Tun erricrwo, quiz' wootsos.—stter whtchldebUnp,
IT 113
NEVICR TOO Was TO KIND. Moon. TWIN., G.
hore, G. Mur-
T. Mead, D. Murray, b. Cslbsem, F. Villiers.
es', and B. Catlinut Wass L. Moore end Y. Sodden

TIM nfauesscrion tll JAMAICA.
After the authority of the goverunieut has been
eh's:bested in Jamaica, the condition of the island must be
made, the Daily News sem the subject of • serious and
impartial inquiry. We are held responsible by the world
for the tranquillity and progress of the colony, while,
in fed, we have abandoned political power there
to the very people who of all others am most
disqualified by their antecedents and intoner
for the *Mee of rulers. Alter observing that
our Oolonial.effies has for the lent seven weeks had reason
to expect news of an insurrection, the Daily News pro-
ceeds to point out the way in which the island, to the great
discontent of the nooses, ia still governed by the old slave-
holding class, end is their exclusive Interest. Is face of
the protest of the native blacks, nearly half a million of
money has been spent in the importation of coolies, and
Uwe pressing heavily open them, such as the Whipping
Act and the law of eviction, have been passed.
The Representative Assembly of the island has become the
receptacle of some of the lowest characters to be found
there. Are those the men to aoudad society through a
difficulttransition stage? Mere important, however, in its
consequenoss than perverted legislation is the defective
administration of the law in Jamaica. It is simply Iw.
possible that the mass of the population should have
say couddence in local courts, constituted as those are
which dispense what passes for justice in Jamaica.
Whatever we may resolve, we shell do nothing effectual
seism we utterly abolish dam government in Jamaica.
The miatieg mockery of • cosatitutional government is only
en instrument in the hands of a small body of electors
having special interests to promote. The suggestion of •
contemporary to make Jamaim a crown oolooy is worthy of
attentioa.
The Morning Harold gads an explanation ofthe re-
bellies in the insets inferiority of the negro race, in their
low type of organisation, is the preponderance in their Ili-
Mire of animal instincts over moral sentiments, and their
dedcienciee of the higher qualities by which not only white
men, bat many coloured rams are distinguished. The
occarreace of the insurrection at inch • moment is significant
and suggestive, and it will be well if the President of the
United States and his advisers can be induced to make
each modifications in their policy as shall show that they
have laid it to heart.
The Telegraph does not believe that any widely-spread
or deeply-rooted conspiracy exists amongst the blacks. The
macro has no aptitude for combination ; and what we have
to deal with may prove to be nothing more than a solitary
explosion of that ferocity which underlies all his apparent
gentleness. With such men you can never feel We.
Whether the insurrection spreads, however, or whether it
is instantly suppressed, let there be none of that unworthy
hysterical outcry for indiaerimisat• slaughter which has
been heard at such junctures. Nay, more, if the Depose
hare • gnevauce, we are bound to right it, even though
they fly madly at our throats as we try to do so. England
must not allow herself to be aerated into cremes of re-
tribution, end must never turn s, deaf ear to a reasonable
complaint.

WeirM.
HIS Emma. THE DAY ATTE& THE WEDDING. Mr.
and Illra Hot-swan —THE WATCH CRY. Hamra Zechtor.
H. Widdioomb, R. Emery. C. Monism, Ramon& Fitzpatrick.
and Clifford; MIN lilaworihs.—And EMMY CHICKWEED.

tarrAinn
T. LYME% TEE INIANTICID A.lL—The D'Aiiktum—TOUL
A MOH. Alm 11. Lase.—To conduits with TILE WAS3I.IOA'd
UMW.

alga WATIIII AT LONDON-BRIDGE.
TO DAT Mortabe UAL ros.....Allasses.llb. AUL
T4IOILAOW O. Om.....Atteenceo, Ott

LONDON. TUESDAY. NOVEMBER 14.

Ws took occasion some time since, in comment-
ing on the course adopted by the Crown counsel
towards the Fenian prisoners, to express a doubt
as to the justice of making vague charges unsup-
ported by the evidence produced at a mere prelimi-
nary examination, instituted with the sole object
of having the accused persons committed for trial.
The speech of Mr. Burr last Thursday will pro-
bably have convinced the law advisers of the
Government that our scruples were not wholly
baseless ; and the subsequent judgment of the Irish
Court of Queen's Bench gives at least a provi-
sional sanction to the theory that to damn • pri-
soner's character before arraignment is not the
surest way of securing him • fair trial. The occa-
sion of Mr. Burr's appearance was an application
for a criminal information against the registered
proprietor of the Freenunes Journal for certain
publications "clearly and manifestly calculated to
" prejudice the prisoners on their approaching
" trial," such publication " being • contempt of
" the court in which they are to be tried, and •
" high criminal offence." The first of the
" publications" complained of was made on the
18th of September, but as 3lr.Burr. himself admits
that on that taken alone he would not " have
" advised an application for the interposition of
" the court," this item in the charge may be
passed over without notice. The second alleged
offence was committed on the 2nd of October. In
the paper of that date the statement made against
the prisoners at the police-court by the counsel for
the prosecution was published at full length, the
purport of that statement being, as our readers
will probably recollect, to fix upon the accused a
project of indiscriminate massacre ; and in the
same number there appeared a leading article
commenting on the charge thus preferred. Cer-
tainly, there is nothing in this article, considered
merely as a criticism upon proved facts, to which
any exception could fairly be taken. In the words
of Mr. Burr himself, animated, doubtless, with the
national tenderness for forcible expression, " if the
"statement had been made after a competent
"court had ;Added the charges were true it
" would not have been strong enough." But, un-
fortunately, this preliminary step had not been
waited for, and instead of the judgment of a
competent court the Freeman's Journal was satis-
fied with its own conviction that the Crown counsel
would not have made such a charge without feeling
satisfied that he was in • position to sustain
all the leading parts of it by sufficient evi-
dence. Such a conviction seems to us by no
means unnatural, but whether the expression of
it was therefore justifiable is • wholly different
question. It must be remembered that the first
object of all persons concerned, whether as agents or
as critics, in the administration of criminal justice,
ought to bo that the accused should have a fair
trial. In the long run this is as important a con-
sideration for the community at large as it is for
the individual prisoner, since nothing tends more
directly to the increase of crime than the creation
of a belief that innocence stands as bad a chance
as guilt whenever the government is interested in
obtaining a conviction. The persona who have
really to try the prisoner do not belong to a small
and highly trained class accustomed to weigh evi-
dence by technical rules, and nourishing • profes-
sional contempt for the opinion of all outside
the court ; they are taken from the general
body of newspaper readers, accustomed in many
cases to draw their opinions ready-made from the
columns of their favourite journal, and open to all
the influences, whether of terror or indignation,
which are there brought to bear upon them. In
one word, they are jurymen, not judges ; and
therefore to publish to the public, from which the
jurymen will have to be chosen, these unsupported
charges, and to strengthen the impression likely to
be made on their minds by a reference to the
position and antecedents of the prosecuting
counsel, and the consequent improbability that he
would commit himself to such statements unless be
were convinced of their truth, does seem a very
likely way of prejudicing the jurors against the
men upon whose guilt they will be sworn
to give their unbiassed verdict. But though
the legal fault may lie with the pro-
prietor of the Freeman's Journal, the moral fault
lies rather with the mouthpiece of the Crown.
" It has been deemed expedient," said Mr. BARRY,
" that, notwithstanding the unprepared state of
" the case, no time should be lost in laying the
" evidence before the public, so as to enable it to
" judge the real nature and extent of the Fenian
" conspiracy." We are forced to admit that when
Mr. Burr characterises this statement as an at-
tempt to make the public "believe upon ex parte
" evidence that the prisoners are engaged in an
" intended massacre of all classes above the
" lowest, so that every juror—we do not place
" the lowest class upon juries—was to enter the
" box with the conviction on his mind that he
" had been marked for murder by these men"—he
speaks strongly, indeed, but not altogether unjustly.
And we cannot but regret that the Crown should
have thought it necessary to injure a thoroughly
good cause by a resort to expedients which are the
appropriate shelter of conscious weakness. Upon
the impropriety priced facie of commenting on

THE TENIANB.

THZ Nips Ems, Tfts.

la

aotjaa. the P<

%Was
(be govsrouou o=pcop7wothe iooolition of not
but au iutoowstitutional office without delay.

lIISCILLAIIIOIIS Toros.
The TOM puts the armrests usually adverted Is
favour ci working mews clubs, sad allows that such in-
stitutions may do • ordain amount of good ; but it dere
ears any enthusiasm in the matter. Sash institutions are
nothing more than matter of Maio waverer*, and those
who support them ought not to go sway with the idea that
they are starting • mighty engine sad beginning a greet
movement, "or anything of that eon."
The death of M. Dupin lob the Tina to dwell on the
diseppearanos of the °druid party, and to urge the return
of perliamentary government to France, where, with the
ooneolidation of the opposition which is going on no dynasty
an be secure which is not supported by responsible
minister, free parliansente, and a free rem
The Post urges that reform itself must be reformed into
something definite and prating, upon which all parties,
of reformers are agreed, before It ceases to be a mere olr•
straetion in the way of public business.
The Star earnestly hopes that the government will net
allow itself to be seduced into the purchase of • worthier
and treenherous support by ooneenting to the application of
any emasculating proems to the reform measure which the
one

itry demands.
sae Daily News attaches much importance to some of
the provisions relative be the procedure of military courts-
martial In the memor►ndum signed by the Adjutant•Qede-
st which has lately been issued, bet considers. netwitb•
standing, that the system of ronits•martial is radically
defective, and that until vital changes. whioh it specifies,
ere made, the administration of justice in the army cannot
be considered satisfactory.

THE CATTLE ri.aoce COMMISSION.
Complimenting the Cottle Plague Commimioners upon
their groat diligence and uncommon expedition, the Tiara
seta forth the conclusions at which they have arrived,
cleaning how variously the opinions expressed in the
respective reports will commend themselves to the favour
of the public. The whole question represents a battle
between the best theory and the mast feasible practice.
In the present article the Tines avoids committing itself to
either aide in the dispute.
Menaced with the formidable remedy proposed in the
report of seven of the commissioners, the Herald thinks
the public may be expected to prefer the cattle plague. A
highly contagions murrain, at present admitting of no
curative treatment, is a horrible thing—yet there IA hope
that it may be grappled with on terms less costly than the
sudden paralysis of the whole cattle trade of the kingdom.
It is a serious question, either way, and purely a choice of
evils.
The Telegraph regrets that the commissioners did not
think fit to say less on the general history of the malady
and more on the memares which are necessary for its ex.
tirietion. Bach a measure as stopping the entire cattle
traffic never has been and never could be carried out, eves
in despotic countries. They evidently believe that it is not
right to traffic with an infected country ; but, if so, why
did they not avow it plainly, and, suggesting the same mea-
sures as those which have been adopted by Belgium
end Freesia, prevent importation from countries well-
known to be contaminated by the disease' The
TeiojrepA then refers to the personnel of the com-
mission, observing that they might have been of some use
on the subject of the cholera, but it cannot understand
what several of the learned gentlemen could know of the
British and foreign cattle trade. What we have now to
fear is that the government, incapable of adopting the gni'.
Ilgestioos of the oornmiesioners, should allow the matter to
remain in suspense till parliament assembles. We have
I had the cattle plague for five months ; 200 fresh farms were
infected last week ; we shall probably hear of three or four
next, and, for aught we can discover to the contrary, the
malady may continue amongst us for the next five years.
The Star ridicules the recommendation to stop the cattle
traffic, which is tantamount to destroyiog the trade ; and
the other restrictions recommended would, it contends,
involve an enormous waste of power, of money, and of
time for a most imperfect result. The injury is already
done, and the malady is passing away. The report will
remain a dead letter, sad will stand es an additional illus-
tration of the truth, that in Eoglaod government is the
most blundering and helpless of all powers when, upon any
pretext, it attempts to interfere with, to control, to limit,
or to direct the trading operations of the people.