The Express.
London, England, 1851-10-21 00:00:00

THE EXPRESS, TUESDAY EVENING, OCTOBER 21, 1851.

tin;uieh, this kind of punishment. Penal colonies planted
by the mother country, at • vast expense, for the
dispesal of her eonsiet population, and which for-
merly were the willing recipients of these de-
graded persons (gladly availing themselves of the
ample supply of labour thus afforded for bringing their
tracts of new lend int , cultivation) have at length diem-
vered that the moral evils incident on the importation of I
malefactors far outweigh the material benefits to ',shish'
they (the colonists) had hitherto limited their calculations.
It would be unbecoming in me while sitting here, to enter
into the controversies and heart-burnings which have arisen,
out of this change in colonial policy. AU that I desire A
the present moment is to eel your attention to the per I
tentous consequences which may, and as I think must, re-
suit from the impedima nts thus thtown in the way of trans-
portation, when taken in connexion with the causes to which
I have salverted, as lessening the numbers on whom that
punishment would be inflicted, even it the facilities for car-
rying it into effect were as great as they continued to be up
to • recent period. This consequence is the permanent
augmentation around us in the number of liberated con-
victs. What that addition will amount to it is of course
impossible to predict, but that it must be very large h
pretty certain from the experience of countries having no
colonial outlets, and because although sentences for trans-
portation were at all times more frequently fur
limited tonna of years than for life, so few re-
turnnd that the country might almost be said to
be freed for ever from the presence of • con-
vict when once he had left our shores. ho not, gentlemen,
mistake me by imagining that I am pronouncing an eulogy
on transportation. Believe me I bear too clearly in my
mind the powerful and conclusive arguments by which it
has been assailed. All I desire to impress upon you is that
tie stoppage of that glee'. sewer which has for so many
years earned away the dregs of our population will produce ,
• most unwholesome affect, other things remaining as they
are, and that *elide the country adheres to the principle of',
retributive punishment (as it probably will do lone after
the voice to which you so kindly listen is hushed in the
grave) so long that pernicious effect will imperatively call
or some spacial remedy, which remark brings me back to
the consideration of the one laid beturo your predecessore,
and of which I have already given you a sketch. This I
will now more fully describe. I propose that every person
who has been convicted of a felony or of a misdemeanor
implying fraud (as obtaining goods wider false pretences, I
knowingly pining base coin, and the like), shall be liable to
be dealt with as follows: If, after the expiration of
his imprisonment under his conviction he shall be brought
before • magistrate, charged with still persevering in crime,
it shall be the duty of the magistrate, if the witnesses by
evidence of general conduct satisfy his mind that the charge
is established' to call on the prisoner to show that lie enjoys
the means of honest subsistence,either from his properq,
his labour, the kindness of his riends, the bounty of the
charitable, or from hie parish. Should he succeed in adduc-
ing this proof, he is to be disclarged. Should no such proof
be forthcoming, he is next abe called upon to give hail
for his good behaviour. Supposing him to answer this de-
mand,he is to be still entitled to his diseberta. But ha the event
of his failure, he is then to be held to bail on his own recog.
nisances, and his case to be sent to a jury at the assizes or
a1..11/1111, when, if a verdict pass against him, he is to be
imprisoned fur a term to be fixed by the law, but capable
of diminution by the judge before whom he is tried. This,
gentlemen, is my proposal in detail, and, perhaps, it will
appear to you as it did to your predecessors (who honoured it
with their approval when I submitted it to them in outline),
that it sufficiently guards the accused against the danger of
IN ing deprived of MS liberty on fallacious grounds. In the
first plan; no proceeding' under the proposed law would put
the convict into custody even for a day, except by the ver-
dict of • jury, unless, indeed, he should forfeit his recogni-
sances by not appearing to take his trial, when he would
subject himself to the well-known consequences of such a
contempt. Suppose him then on his trial, and observe how
he is fenced round with protections, " covered," as Erskine
expremes it, " from head to foot with the panoply of the
law." In the first place his accusers must satiety the jury
that he was at the time of his apprehension in the course of
life which they charge upon him, not merely that he was'
so before his conviction. This evidence he will rebut, Wks
can, either by impeaching the character of the witnesses,
showing that their statements are false or inconclusive, or by
explaining away the facts established against him. And in
this part of his case, as in all other parts, he may adduce
witnesses of his own. But suppose him to fail in meeting
the charge. Ile then falls back on his second defence, ...a
shows the manner in which ho subsists. Now, if he have
in truth ea honest income, it is nut very easy even to ima-
gine a set of circumstances which disable him from proving
a tact so emphatically within his own knowledge. But we
will go on to suppose him defeated is this second defence.
Even then, unless he is altogether bereft of honest friends,
having confidence that he will nut commit crime, he finds
hail end remains at liberty. Now, gentlemen, the species
of objection to which I thought my proposal must obnoxious
is, that it offers too many chances of escape to be practi-
cally efficient for the restraint of criminals. On this head,
however, nose who ../C conversant with the life and habits
of the clase in question have the least misgiving, norhas that
objection ever been advanced. On the contrary, the alms-
rous attacks which the plan has undergone have been
always directed against the danger of cireensitdas
injustice on the convict. That such a miscarriage
is within the limits of possibility, I must admit, but that such
trials us I propose arc more open to this reproach than
tri ile fir specific offences, or so open, I do take upon myself,
speaking from a very long experience in Criminal Courts,
confidently to deny. No tribunal is infallible. No dis-
cos-cry has yet been made which supplies a cure touchstone
to human testimony. And if the lamentable feet that inno-
cent men are sometime, convicted were sufficient for the
condemnation of criminal jurisprudence no mode of trial
that the wit of man has ever invented could stand. But
from the strain in which some writers bare indulged, it
might be supposed, if experience had not recorded a very
different result, that trial foe specific offences never failed'
of bringing out the truth, always acquitting the innocent,
and ascertaining with exactitude the criminality of the
guilty. One short statement will dispose of this fund belief,
if any person is so misled as to entertain it. The brother of
the Lord Chancellor, Mr. Edward Wilde, was the boamme-
lent instrument during his year of office as Sheriff of Lew
dun of saving six persons from death; showing on one solo
siun that the prisoner was clearly innocent; on others, that
conclusions had been hastily drawn from facts which did
nut justify them, and thus nullifying the proofs of guilt;
and with regard to the remainder, adducing evidence which
went so far to mitigate their conduct as to prove that to put
them to death would he a most unjustifiable measure of se-
verity. Whoever to whom these events are known as they
were to me from time to time as they occurred—
whoever reflects that they happened in one court
and in one year (nay, in less than one year, for
Mr. Wilde held office only for ten months), must
see that confining the charge to one specific transaction by
no means ensures success in the attainment of the truth.
One source of miscarriage is, indeed, peculiar to such trials,
and that, indeed, happens to be the most frequent by which
the administration of justice is beset. I allude to mistakes
as to the identity of the prisoner with the party really
guilty. Misconceptions of this kind belong only
_to nee
mcnts of time (or at all events to very short pease"), and
cannot occur when the uestion relates to gond conduit
and the tenor of a man's life. Moreover, whom • Goalie
offence is charged, it is no conclusive answer, nee aws it be,
that the prisoner had means of livelihood, and Oman is
nut to be supposed guilty, which in the prosecutions sug-
gested by me it is always to furnish. And now let me, gen-
tlemen, ask a plain question. Is a man who has already
been convicted, whose conduct is such that • jury is satisfied
he is still a malefactor, who being then called on to explain
how he obtains his livelihood has no answer to give, who is
so distrusted by all the world that he cannot find bail for
his good conduct, is that man—that pest of society—to remain
at large? Ought we, on the mere surmise that errors may
creep into the trial of such persons (in spite of all the care
which has been taken to exclude them), to hold back from
the exercise of a jurisdiction of admitted potency for the at-
tainment of its object, when that object is clearly of such
vital importance? Gentlemen, the crying necessity of this
jurisdiction so presses itself on my mind that I cannot re-
frain from adverting to it once more. But few days have
elapsed since the part of England in which I reside (the
county of Somerset) was the scene of an appalling outrage,
filling the distant with indignation and horror. A girl, 15
years di, was is* by her parent.' alone at their dwelling,
during their asessary attenos at the neighbouring oar-
ket at Frame, On their return hem they fend her bed
body stretched ea the floor, and MAW is bleed. kSo
open day—la • hose ma distant boa ethos of do leimbi,
and near to a sob mai—ha hi ahem idol hot hoe
life in the defense, and ads he the oee-iiiaf dsdasso, of
her purity ! The pangs of death wen shrspood by the
cruel ignominy of vigilance. NOW meek ion Bins bad
been bar fate—hew sash lan bitter the Odd bee he-
scored pommou, had the boa devoured by a hoot at poi
Her imp lambi they hoe dwelt in their tail.
lied Ipy flew anshba nook-Muof potions dish
it en wit Isr ow beshaledt Is the esemist. I
sak,teenheast Oleo synqieare we to haw se
sad Wi for the myriads of hoses thful subjects W
ups
the use frightful perils, ashy belay; the want
tioa. Iter esofort Owings lives isottentimesiselwysibythe
hosted Ws whisk hero= their oink link
we Omit alloys lad Oa mews, beam
direction is isoloood by ems it 7.7.e..5.ity la woothsr.
Writers who sire the paha ' at the ineassi
50 whirls ow altonliss hr beems, w—a, thumbs so
the obta elms altomilo Shit* nose ham as ht•
ammo Sea the not linens!' inegbellia an fro to
holt oat et WIS. Delibeosto advise has bens gives that
web sum sissiii defend ;his doilies with fire-areas. leg
es paine Ise a serest to wore what this Oven be
tilt implies that a ono eaddsalikarns4trom ilea
n' 71taiSt, and ie el the et
_maid
whist' ma engin sot %iyeses s, midis asinh
Ina his asi illsebi as ato 411.10 lib
and endows • sospostod bassime, ddisusedforo
ea bibs
to the doh. awd to meats upon ilia the inevosable dean
of a egad soisalshineat ! Barely for seek very Isatidisea
'spigots= this is a somewhat startling sorsorwassdadan.
Bat whet has reselted ham the promised's of this liaise
theatiosea, within a very sheet Storni et doe tee bar
cent pumas, on. of ties as Aker of petioe—o
instead of an assoiltiat—kare folds tee by the =
clergy's., who (as we Amid all ogres). if the pewu end&
be direly enercissd byceimes of the , ore tot
entitled to the trios, We self-restraint and the asoreifel
spirit which patina to sacred Gallia&
_awl by the oar-
lanes which, &bow ell ethen,dsoy man fool at sendit a hi.
barSeweoatltenek to his anneal with ell his sins epee kislad I
ne. ontionses, if the law will posh haws nil.
isms to mob of kap, hoes berbareas needles pabap
lIIMMet. mod sot estiminfty SU shet (redo
who deo not we thh •1111 =N Loom
awl delletivi, olealysi bw mail, h lily tos be yr.:
hued. I Iwo wow, aseismen, I
16.1.11111 Ws le as dilillod wathillinatwniasatbalsois%
semb4ll. 101 l I Una Mali, IMMO (paniolesi so IS

may appear) avowing that I am far more gratified than die-
concerted at these objections. They prove how deeply
Englishmen are imbued with instinctive reverence for the
liberty of the subject. This, like every other sentiment,
may be carried to an unwarranted length. On the question
before you I think it has been so treated ; but I for one
will ever bear in mind that personal freedom is the surest
foundation of oar other liberties, and that hostility to any
Interference with it challenges my respect even when it ex-
ceeds the limits of a reasonable jealousy. If, then, on calm
consideration, my proposal shall be found by the verdict of
reflective men unwisely to infringe on that noble privilege,
none will rejoice more sincerely than myself that I have not
been taken at my word. Grateful shall I be to those who
will have saved me from the life-long sorrow of having in-
flicted injury where I had humbly hoped to suggest an im-
portant benefit. Thanks, gentlemen. fur your patieuu—
your task is finished.
Mr. Adderley, M.P., occupied a seat on the bench during
the delivery of the foregoing remarks.

UNIVERSITY AND CLERICAL.
OXFORD, OCT. 18.—The senior proctor (the Rev.
John Huogerford Polleng, will receive the names of can-
didates for examination this Term, either from themselves
or their tutors, on Thursday, the 23rd of October, from 2
to 4 o'clock ; Friday. the 24th, from 2to 3; Saturday, the
24th, from Ito 4. Each candidate must give in a list,
signed with his name, of the subjects and books in which
he offers himself to be examined, together with the cer-
tificates of ~his having responded, and having sat in the
schools.
CAMBRIDOS, OCT. 20.—QUEENS. COLLEGE.—The
undermentioned have been elected scholars of this College :
Junior Sophs : Deigleton, Hedges, Lawrence, Lockett,
Strugnell, Ward. Senior Sepia Dowson, Frost, Donne.
Questioniets : Searle, Smith, BousSeld.
CORPUS Cl/LLIOZ.—On Saturday last, A. G. Watson and
Iselin wens elected slurs after an examination. There
were seven candidates.
CONORIMATION.—At a congregation this day holden, the
Rev. Barnard Smith, 11. A., of St. Peter's College, and the
Rev. George Bainbridge, 8.D., St. John's College, were
elected pro-proctors for the ensuing academical year. At
the same congregation the following degrees were conferred
M.A. : F. M. Arnold, Cain+ College ; W. E. Dickson, Cor-
pus College; J. C. H. Deacon, Quens' College; C. W
Simons, Queens' College. BA. Edward Leigh Kinder'.
ley, Trinity College ; James Fitsjames Stephens, Trinity
College.
ORDMATION.—The Bishop of Sodor and Mann
held an ordination on Sunday, the 12th inst., at St. Barna
has chapel, {loughs, when Edward Forde, B.A. T.C.D.,
was admitted into the holy order of deacons.

Rev. Wm. Atthill, to St. Faith perpetual curacy, Har•
ahem, Norfolk, value 60/. ; patron, R. Radcliffe, Bask
Rev. Peake Banton, to St. Katherine's perpetual surrey,
Northampton ; patrons, Trustees.
Rev. Thomas Duadas Harford Battersby, to St. John's
perpetual curacy, Keswick, Cumberland, value 2201. and
residence ; patrons, Tustees.
Rev. Henry Harney Davies, to Llangsed perpectual ea-
racy with Llaniestyn curacy and Llanvihangee-din-Sylwry
curacy, Anglesey, value 90/. ; patron, It. J. Hughes, Esq.
Rev. Wm. Bnadon Ileatheote, 8.C.L., to the wardenship
of St. Peter's College, Ridley.
Rev. Thomas Scott Huxley, to the Episcopal Chapel,
Dundee, Scotland.
George Clerk Irving, 8.A., to the professorship of mathe-
maties, Trinity College, Toronto.
Rev. George Whittaker, to the provostship of Trinity
College, Toronto.

VACANCY.

CHAPLAINCY.—Surrey County Gaol, Guildford; patrons,
the magistrates; Rey. J. Richards dismissed.

NAVAL.
ADMIRALTY, OCT. 21.—APPOINTMENTS.—Lieu-
tenant, G. A. W. Welch; Acting Master, W. P. Braund ;
Purser, J. Mallard ; Master's Assistant, D. May ; Clerk,
J. Shepherd, to Crane.
PORTSMOCTII, OCT. 20.—The Birkenhead, iron
steam transport, Master Commander Robert Selmond, ar-
rived to-day from the Cape of Good Hope, having put in
yesterday at I'lymouth, where she landed files of the Cape
papers. She brought on the mails to this port, and arrived
here just in time to transmit them to London by the
2.15 p.m. South Western mid-clay mail to London. She
left the Castor and the Hermes, steamer, at Sinaun's Bay;
the last-named vessel having landed the 12th regiment
from the Mauritius. The Ilhadamenthus, steamer, had
gone to the Buffalo Mouth with levies.

lEato iintelitgence.
BIRMINORANI BANKRUPTCY COURT.
YESTERDAY.
nerves Ma. eosolosiesea Mints.
RCPPORD AND WRAOOE'S BANKRUPTCY.
These bankrupts, the partners in the Stoutbridge and
Bromsgrove Banks, came up on their last examination.
Mr. Knight (of the firm of blottram and Company),
who appeared for the assignees, stated that the balance-
sheet of the Stourbridge Bank not filed, but that that
of the Bromagrove concern wa yet prepared ; there-
fore, as the accounts of the two estabhahments were so
much mixed up, a further adjournment would be applied
for.
Mr. Elgie, of Worcester, appeared for the Oxford,
Worcester, and Wolverhampton Railway Company ; Mr.
John Smith, of Birmingham, for other creditors; and Mr.
T. S. James for the bankrupts.
Mr. ltufford, M.P., one of the bankrupts, was examined
at great length. He stated he had handed over to the
asugnees all the documents and papers relating to the two
banks. On Thursday, the 'llth of June, at hall-past four
in the afternoon, he first received notice from Mr. Alger,
a Bedford-row, London, that the note, of his bank had
been stopped in London. Ile immediately gave directions
that the bank should not be opened on the Friday morn-
log, and had not himself been at the bank since. Before
he left he gave directions that all the paper* re-
lating to the British Alkali Company, to the Oxford,
Worcester, and Wolverhampton Railway Company, and to
Sir Horace Paul's affairs should be sorted. Gave no direc-
tions to destroy any papers, and believed that all he had
were handed over to the assignees. Kept copies of some
business letters in the bank letter-book ; others were not
copied, or had been destroyed at the time they were re-
ceived. If any parties had since the bankruptcy destroyed
business papers, ft was not with his knowledge or by his
direction.
In reply to questions by Mr. Elgic, the bankrupt further
said that Mr. Holt, a clerk in the Bromsgrove Bank, came
to him at his residence at Bellbroughton on the Friday, the
day the bank stopped. Saw him in the room where he
kept his private papers. Mr. Scott and Mr. Biggs were in
the MOM at the time. Gave directions to those two gentle-
men respecting his private papers at Bellbroughton. lie-
quested them to take them to a person named Hornsby to
be sorted, he having previously sorted his papers up to
about the middle of 1847. Dunag the present year, prior
M the bankruptcy in June, had received many letters from
Mastro. Glyn and Co., respecting the state of the account.
Tam mostly contained requests to him to call upon them.
Many of these letters he had burnt. To the best of his
knowledge and belief nothing was said either to Mr. Scutt
or to Mr. Biggs on the subject of burning papers; on the
contrary, be gave directions that everything might he given
over to whoever come to take possession. Gave Mr. Scott
his keys, and then quitted his house. And in reply to
Mr. Smith, the bankrupt said : Certain arrangements
were made with Messrs. Glyn and Co. a few days before
the bankruptcy. I had had a correspondence with Mr.
Wragge on the subject. Ile wrote to me requesting rue Logo
to town. This was on the Monday prior to the bankruptcy,
and I did so. Mr. Wragge had given Glyn and Co. his
own note of hand for 0,000/. I did burn Mr. Wragge's
letters relating to business matters in the present year.
Most of Glyn's letters were addressed to me personally.
They merely asked me to call upon them, mid after I had
read them I generally burnt them. The reason why I burnt
Mr. Wragge `s and Messrs. Glyn and Co.'s letters was be-
cause I did not want them to fall into any one's hands, lest
they should find out the state of my affairs.
Mr. James—From whom did you wish tocenceal the state

- .
of your atrium ?
Bankrupt —From my clerks, and anybody else into whose
hand the letters might fall.
Mr.Andrewitolt,formerly a clerk in Burford and Wragge's
bank at llromsgrove, was examined with the view to elicit
evidence as to his concern in the removal and destruction of
the bankrupts' papers. Ile swore that he saw Mr. Itufferd
on the Friday succeeding the stoppage of the notes in Lon-
don by Glyn and Co., that the bankrupt then said that his
presence would be required at his residence to arrange his
papers. Witness went there with Mr. Scott, solicitor of
Bromsgrove, and assisted in sorting the papers, tearing up
as he alleged only printed documents of no value or
invitation cards; lie never destroyed, and in fact (he said),
never saw any letters from Glyn and Co., or from Mr.
Wragge, the partner of Mr. litufficd ; subsequently, on the
Sunday evening, conveyed all the papers in gs and boxes
to the banking-house at Bromegrove, where they remained
until the following, Wednesday, when they were removed
by Mr. Whitmore, the official assignee, they having in the
meantime undergone an examination by Mr. Hornsby,
according to Mr. Ballad's direction.
Mr. Scott, of Brorasgrove, Mr. ltufford's attorney, was
next called, with a similar purpose to that in view in call-
ing the last witness, but beyond the fact that he had as-
sisted in arranging the papers, nothing was elicited, the
witness explicitly denying that he had had any concern in
or knowledge of the destruction or removal of important
pagrrs..Hornsby of the British Alkali Company, who bad
been employed 'by Mr. Itutford to arrange the papers, also
denied having either removed or destroyed letters from
Mr. Wragge or from Messrs. Glyn and Co. to the bankrupt.
Mr. Knight (addressing the Commissioner), said that his
Honour would have perceived from the line of examination
what object the official assignees whom he represented had
in view • indeed, such was the character of the rumours
abroad that no other course was open to them • the accounts
not having however been fully prepared, he did not propose
to examine any of the bankrupts on the sulnect of them at
present, but to ask for another adjournment.
Mr. Elgie said there are good rensonswhy the course that
has been pursued should have been taken ; the absence of
all the important business letters for the year 1851.
His Honour (interrupting) said—You had better not say
anything, Mr. Elgie.
Mr. J.V. Smith (on the part of opposing creditors) then
applied to the court to withhold further protection from the
bankrupt on the ground that he bad rendered himself
amenable to the penal clause in the Bankruptcy Act by
having destroyed his papers with the view to conceal the
state of his affairs; the fact and the purpose of it had been
admitted by the bankrupt in his own evidence.
His Honour said, the bankrupt has told you all the con-
tents of the letters destroyed; he was simply asked to call
on Glyn and Co. to arrange his account ; there does not
appear to have been anything beyond that; therefore, Ism
of opinion he has not committed an offence within the mean-
ing of the statute ; it is a penal statute, and is therefore not
to be too strictly construed.
After some discussion, Mr. Wragge's balance sheet was
ordered to be made up from the bit of January, 1846, and
ein the application of Mr. Elgie, Mr. Wraggo was ordered
W Mc an account of all his share transactions, his Honour
ninnarking that he wished everybody who had had anything
In do with shares was obliged to file an account of their
transactions.
The following balance-sheet of the Stourbridge Bank
only has been prepared by Mr. Percival', of Birmingham,
and was to-day laid before the court
Da.
Sundry croXton, co deposit moats
Curren r
Notes is

f s. d.
114,397 11 3
100.133 16 10
10,600 0 0

Total liabilities tnisecured t 125,036 5 3
Messrs. Glyn nod Co., 04 Landon, bolding securities
es per contra
Liabilities to Messrs. Glyn and Co., on bills
timing 613,071 Is. 541.
Capital, 143117, 1816
Guarani e fund, Ist July, 1846
I'bWp Ward, Increase of capital 3,449 8 9
C. J. Wragge, tor Ma note endorsed to Messrs. Glyn
and Co 'Aube, 1831, slums tots, deposited so security 5,000 0 0
Pronto

B=ltebtors rood
taken at
Proparty, Itc., to to talus by the a

It 11

44.007 4 3
2,000 0 0
14100 113 0

Asks ... ~ £39,107 17 3
Propesty in which Mean. Orin sad Co. have annuity
Inc &Snead liabilities, ea pea oontra, and far debt/
doe from the Brosigrove bank . 31,846 16 8
Amens doe hos Beak .. 130,568 4 8
Amount doe fres Biggs, and Roca d 47,089 10 11
Lease
desoostadrawn oat by partners, vie
Trend. Rated
C. 7. Wasps

6,666 8 6
14,015 11 4