The Express.
London, England, 1862-11-05 00:00:00

THE EXPRESS, WEDNESDAY EVEVITNG, NOVEMBER 5, 1862.

the present and all future >•jeme Ministers will be
relieved from the perplexities which beset them
in such criminal cues as, those of BilLscawr and
Simians= ; and that society will be protected
against the false sympathy of unreasoning fanatics.
Hitherto the idea of a Court of Criminal
Appeal on matters of fact has been scouted
by practical statesmen. Almost the last time
this proposal was brought forward Sir GEORGE
LEWIS delivered a learned and ingenious
speech against any such tribunal, which satis-
fied the House of Commons. But after the case
of Mrs. 31%m:inks it will be difficult to resist
the argument in favour of the proposed change.
It is now abundantly clear that in such a case as
this of Mrs. M`Laclitstr there is practically an
appeal—there is practically a new trial—there are
practically means for reconsidering and overruling
the opinions of the Judge and of the jury who
heard the case, however unanimous they may be.
All a prisoner has got to do after he has been con-
victed is to appeal to the people. Let public
meetings be held ; let the wilder clergy of various
denominations take their places on the platform ;
let some of the more noisy of the Press
re-echo the demand for a new trial, and
the demand will be granted. It is idle
to deny that some cases demand a re-hearing. The
tense of justice is strong in the people of this
rountry, and it will inevitably make itself felt.
Since there is no ordinary mode of appeal pro-
vided by our constitution, an extraordinary mode
of appeal is at once invented. The review, the
reconsideration of a case is inevitable. At pre-
sent the HOME SECRETARY is the Minister whose
duty it is to grant the appeal, and he is moved so
to do by popular meetings—private interviews—
public remonstrances. It was only the other day
that, when the man who was supposed to have
committed an appalling crime lay under a
sentence of death, the HOME SECRETARY received
a deputation of his relatives, one of whom was
his wife, and allowed them to intercede for him.
' What was this but a barbarous Court of Appeal ?
Their object was to induce the Roma SECRETARY to
I remit the sentence the object of attending before
a Judge of Appeal would be precisely the same.
The only question is which is the best mode of
attaining this object. According to the present
; system the alleged criminal supports hie case by
the tears and supplications of his relations and
friends addressed to the Home SecEaraer in a
back room in Downing-street, and the Minister's
ultimate decision rests upon the opinion of some
person who has retried the case in his private
apartments, after reading various statements
and examining such people as he pleases.
According to the system which ought to prevail
the appeal should be heard in open court, before
competent and responsible judges ; the criminal
should be present ; the witnesses should be on
oath, and regularly examined and cross-examined,
and the decision should be arrived at after duo
time had been given for deliberation, and should
be delivered in open court. If there be any ad-
vantage in the present mode of conducting crimi-
nal trials, why should those advantages be con-
fined to one stage of the proceedings? If it be
deemed absolutely necessary for the safety of the
accused man, as well as for the safety of
society, that the trial should be conducted
in open day, even when the jut.), are present;
surely it must be more necessary that the appeal
before the Home SECRETARY should be conducted
with open doors, when no one but himself is pre-
sent. Nor is there any practical difficulty in or-
ganizing a tribunal of criminal appeal which might,
with eminent advantage to the public, exercise
the functions which are now discharged by the
HOME SECRETARY. As has been already said, no
real innovation is proposed. The QUEEN might
still be advised to remit the penalty. At the pre-
sent moment it is obvious that there is a real
practical appeal upon the facts in criminal cases.
The only question is whether the tribunal of appeal
might not be improved. No second jury ought
to be introduced. Nothing more is required than
that when an appeal after verdict is allowed, the
HOME SECRETARY should summon two of the
Common Law Judges, and hold a court for the
purpose of revising the conclusion of the court
below. The Secretary of State would of course
have the power to summon such a court wheneveT
he might think it expedient, as he now has the
power of reconsidering the case of any criminal
who has been convicted. The only difference
would be that his inquiries would be con-
ducted in open court, and according to re-
gular form. But then, if the unanimous opinion
of the judge and jury who tried the cause
were to be overruled, it would be overru' • d
after due and careful consideration, and upon
grounds patent to the public. Nor is there a
doubt that if such a change as that which has been
proposed were made, not only would the interests
of justice be better protected than they now are,
but the HOME SECRETARY would be relieved
from difficulties which are at present almost
insuperable.

THE VACANT SCOTCH JIIDOLSHIP.—We (North
British Mail) underetand that the Solicitor• General has
been appointed to, and has accepted, the n%ut seat on the
judicial bench. It is nuderstoed that Mr. Young will be the
new Solicitoe-General.

----
ELECTION OF THE A RCHRIIHOP OF CANTERBURY.
—The dean and chapter of Canterbury Cathedral have
elected the Most Rev. Charles Thomas Longley, D.D., of
Christ Church, Oxford, Archbishop of York, to the Arch-
bishopric of Canterbury, in accordance with the recommen-
dation accompanying the royal conge d'etire. The election
by the capitular body took place at Canterbury on Saturday,
and it is almost unnecessary to add that there wa, no
opposition. The next step in the elevation of the archbishop
elect will be the confirmation of the election, a ceremony
which will take place in the course of • few days in the
parish church of St. Mary-le-Bow, Cheeped°. That cere-
mony will ipso facto render vacant the Archbishopric of
York. Dr. Langley will than do homage to her Majesty,
and towards the dose of the present month will be en-
throned, with an elaborate ceremonial, in the cathedral
church of his diocese. The diocese of Canterbury consists
of 914,170 acres, and has a population of 417,090, with 14
deaneries, and 352 benefice' The ecclesiastical patronage
in the bands of the archbishop amounts in the aggregate to
nearly 80,0C3/. • year.
ROYAL INSTITUTION OF GREAT BRITAIN. —At
the general monthly meeting, on Monday, William Pole,
Esq., M.A., F.R.S., treasurer and vies-preside:it, in the
chair, August F. Andresen, Esq., Thomas R. Williams,
Req., and on. Wm. Warren Vernon, were elected members
of the institution. The following lecture arrangements have
been made for the ensuing season :—Christmas lectures,
1862—Professor Fmnkland, F.A.S., six lectures, "On Air
and Water" (adapted to • juvenile auditory). Before
Easter, 1863—Professor J. Marshall, F.R.S., twelve
lectures, "Oa Physiology." Professor R Franklaud,
F.R.S., ten lectures, "On Chemistry." W. Savory, Esq.,
F.R.S., four lectures, "On Life and Death." Profissor
Max Muller, twelve lectures. After Easter—Professor
Tyndall, F.1L8., seven lectures. D. T. Amsted, Esq.,
F.R.S., nine lectures, "On Geology." Professor William
Thomson, F.R.&, Mine lectures, "On Electric Tele-
graphy." ~,,.
HERBLAJE9II6I STA 0 HOUR DS. —Tile royal
pack, after a satisfactory month's hunting in Windsor
Forest, for the purpose of blooding the young hounds,
commenced their season yesterday. The meet was at
Salt-hill, and the field was numerous, not less than 300
bersemee being present, one-third of whom came from
town by the Great Western Railway. The field was also
honoured by several ladies well known to the hunt. The
deer, "Red Rover," was unearted in North Barafield.
He went away at tip-top speed, circuiting Lord Thorn-
ton's perk, thence doubling towards Farnham Royal,
and, making the direction for Burnham, turned sharp to
the right and went for Sir Rios Clayton's perk, thence
skirting Bulstrode on to Gerrard's-erom ; after running •
ring there, made for Chalfont Park, where the company
were stopped acme time by the gates beioe kept closed ;
they, however, weep ultimately thrown open. After a
burst across the perk, they made towards Denham, where
the deer was taken is the water, after a very pretty,
though short run of one hour and • half.

be Court.

OSBORNE. Nov. 4.
The Queen and the Royal Family walked. and
drove yesterday.

Th. Duke of Newcastle has arrived In town, from his
seat Cqumber-park, Notre.
A meeting of the Council of the Duchy of Cornwall was
held yesterday, at the Duchy Office, Buckingham-gate, St.
James's-park.
There were present—the Duke of Newcastle, Lord Warden
of the Stannarias ; Sir William Dunbar, Keeper of the
Privy Seal ; Sir William John Alexander, Attorney-Gene-
ral ; Colonel the Honourable Sir Charles B. Phipps,
Treasurer and Receiver-General ; and Lord Portman.
Mr. Bateman, the secretary, was in attendance.
Despatches were sent yesterday, from the Colonial-office,
to the Lord High Commissioner of the lonian Islands.

LATEST IN TELLIGENCM.

children dying before there has been time to bap-
tise them. It has hitherto been the holy custom to
throw the bodies of all /such children into a cave
under the church of San Maria Is Nuova, which
is a stronghold of rata, who not only devour the
dead bodies, but attack and put to speedy flight
the bearers of them. The fear of pestilence in the
heart of the city moved the junta to change this
conservative practice. The holy church thinks the
reform irreligious.
The Semaine Universelle, a new journal of con-
siderable merit, published in Brussels by French
professional writers who are tired of the harassing
warning system which prevails in their own country,
is, as might be expected under Count Treilhard's
administration of the press department, very fre-
quently seized. The editors, however, emphatically
disclaim any systematic opposition, but they wish
to give news unfettered by administrative inter-
ference. The last number was seised merely for a
translation of an article of the Times, which any-
body who can read English may see in the reading-
rooms.