The Express.
London, England, 1866-01-25 00:00:00

THE EXPRESS, THURSDAY EVENING, JANUARY 26, 1866.

LIFEBOAT SERVICES.—During the storms of judges had held that this question was
-KA telt year the National Lifeboat institution, by its We-
n, subject to review—that a court of error
portterm different wrecks onther means, monurtriocesbnted ts.to'gee TilitlltZolrater el- might determine whether the judge had exercised
vended £21,374 in the lame period on its lifeboat establishments.
Inaddition to granting f. 4.950 for rewards for saving We aa, his discretion properly. In this the Court of
exerc
eisicommitteeng the lifeboa
th
o ts.
Institution earnestly APPEAL to the Queen's Bench refused to follow the opinion of
Thf e
public for AS4ISTANCE, to enable them to meet the continued their Irish brethren. They hold that the question
Mary demands on the Institution's 124 Lifeboat BtationS.
Contributions are received by the London and Country as to whether the jury ought to be discharged is
Bankers and by the secretary
.1/chard Lewis, 119., at the In- a question which the judge
saltation, 14, John street, Adelpna, L2ndon. who presides at the
trial is alone competent to decide. It is of course
quite possible that a judge, through corrupt
motives, might discharge a jury before it became
necessary to do so. But the judge is responsible,
not only to the public, but to Parliament, and
therefore the danger of pursuing such a course
is too remote to excite anxiety. Nor can
it be doubted that convenience pleads
in favour of the judge being permitted to exercise
the discretion in question. Few men are so
incompetent as to be unfit to be entrusted with
the duty of determining whether twelve men are
likely to come to an agreement ; nor is it desirable
to multiply chances of acquittal by subjecting each
step in a trial to be reviewed by a court of appeal.
Such a case as that of CHARLOTTE WINSOR places
in the strongest light the exacting spirit of mercy
which pervades English criminal law. We do not
regret that the unhappy woman should have been
permitted to exercise her privilege of having the
point of law suggested by her counsel fully and
ingeniously discussed. But we may congratulate
ourselves that in this instance at least there is no
painful contrast between law and common sense.
It is not the law of England that a professional
murderer should be allowed to escape soot free the
penalty of her crimes because the first twelve men
empanelled to try her could not be got to agree
in the guilt of her accomplice.

JOHN BROGDEN'S GOLD CHAINS by troy
weight, at realisable value, and the workmanship at
wholesale manufacturers' prices. TheeVeidk the &alas gus-
Mre ahood, sad -purchased at the price
" HMV & ihe note,
How much your chain weighs to the utmost carat
The fineness of the gold, and charge for fashion.
SHAZZYWAIL
Manufactory, N 0.16, Henrietta-street, Covent-garden, W.C.,
100(1011.
AMP made of chains and Jewelry for ls. each.
N.H. This establishment is closed ate in the evening. and on
Saturdays at 1 o clock.

MESSRS. WATHERSTON and SON,
Goldsmiths and Jewellers,
Haire Rudy for Inspection a Great Variety of JEWELLERY,
of the Latest Designs, suitable for
WEDDING PRESENTS and NEW-YEAR'S GIFTS.
12. Pall-man East, S.W.

LONDON must have a SUPPER and MUSIC
ROOM for Gentlemen. —Remember, we welt for you at
.IVANR" after the Covent-garden Pantomime, and the
Maim

NOTICE.—New Proprietor.—The WELSH
HARP, Easex-street, Bourerientreet, Pieetatreet. Joints
rods from 12 Lill 4 ; on Sundays at E.—Regenstein. Proprietor.

Eke ourrprefStS.

HAYMARILIT.
TIM Beare% BROTH/13 BAK. Messrs. Sothern, Back-
=end Compton ; Mimes Nally Moore. Snowdon, &a.—
BUS IN THIS HAVLAIIKIT. Messrs ranee & D. usher:
Wane Keeley, Howard I Wright.—MY HUSBAND'S GHOST.

PRINCESS'S.
MS IMMO, QUIET LODGINGS.—After which IT IS
MEYER TOO LOTS TO MEND. Messrs. Vining, G. Melville,
Z. Mod, D. Murray, b. CsMaim, F. Villiers, J. G. Shore, G. Mar-
ta, sad R. Cathcart: Mow L Moore and K. Rodgers.

OUR CONTEMPORARIES.

LYCIUK.

(THIS DAY.)

isrisnio, THE 11119TBBII8 EITRANGEL Mr. H.
Wkidicomb.—THE MAST= OF EAVIINBWOOD. Mama
fachter. Jordan. Voila. Emery, Widdicamb, Fitzpatrick, balm ;
lisedama Terms, Itlaworthy, fauna, C. Leclarcq.

THE covurroury AND TEN REFORM BILL.
Recapitulating the various arguments for reform
which Mr. Gibson advanced in his speech on Tuesday, and
observing how much the right hon. gentleman's view of the
subject harmonises with that of Mr. Bright, the Times
proceeds to notice also Lord Honghtoe'm advice to
reformers to be practical in their demands. So far
as regards a deprecation of all such controversies as
lodging franchise, savings bank franchise, or assessed
taxes franchise, the Times is inclined to agree
with his lordship that they are not practical, but it begs
to doubt entirely the practicableness, not to say more, of
dealing with the franchise ourselves, and leaving the seats
to those that come after. We have intelligent, sensitive,
and interested antagonists to deal with, and not new ma-
terial and the elements of nature, and these are not likely
to assent to the ordinary contractors' plan of doing that
first which will most facilitate what comes after—a plan by
which their sufferings would be protracted by repeated ope-
rations of increasing severity ; they will, on the contrary,

BRITANNIA.
Ms Emma% OLD DADDY LONGLY,OB AND SIR. REGENT
CIRCUS; OR, THE OOLDRN APPLE). —IL and Madame
• Oteetnantech.—StAnor BeranL—Olmar.—Shower of Golden Rain.
—Johnny Day.—And JESSIE, TILE MORMON'S DAUGIITUR.

HIGH WATER AT LONDON-BRIMS.

moo Tut :—loWinTr; 81). 48■.
20410111.0 W -• Morning, Mu ..Alkonoon, 100.

LONDON, THURSDAY. JANUARY 25.

THERE are few criminals over whom the sword
of justice has so long been held suspended as over

Cusßurrre Wissolt. It is now nearly a year
since she was first indicted for one of the most
cold-blooded murders on record. On the first
occasion she escaped because the jury were un-
willing to convict the mother of the unfortunate
infant, who was indicted along with her, and they
were therefore discharged. On the second occa-
sion she was convicted by means of the evidence of
the mother, and would certainly have been

oppose the bill which is only the preliminary of their do-
striation. A hundred constituencies, more or less, will
be invited to assist in creating a new perils-
meet quite safe to make an example of them,
for in the new house the newly popularised constituencies
will have every interest in the extinction of the small bo-
roughs. The very first question that would be put to the
ministerial leader would be, " Does this pretend to be a per-
fect measure' Is it reform ?' The only honest answer
would be that it is not a perfect measure, or a safe and
satisfactory reform. Supposing an adverse resolution pat
to the house, declaring the measure imperfect, partial, in-
sufficient, and not explicit, the Times hardly sees how the
house could reject the truism. If they are to be invited to
begin the work of reform, many will insist on being allowed
to make a clean end, and not leave themselves under the
eternal opprobrium of having begun a tower and not having
been able to finish it.
The Post enlarges upon the unpopularity and general
weakness of the Premier—the slightness of the tie which
binds him to his official supporters—end his want of tact
—declaring him to be better as a journeyman than fore-
man—and pronouncing, from the peculiar composition of
the liberal party, his prospects to be without much pro-
mise. As to the Reform Bill, if Mr. Bright's account of
it be correct, is it likely thet thoughtful men will commit
themselves to a measure which is but the beginning of a
series, the last term of which it is impossible to calculate'
The Post asks these questions—it will not pretend to
answer Viem.

executed had it not been for the perse-
verance of her counsel, wno flattered himself
that he had discovered a point of law which had
escaped the lynx-eyed acuteness of the rest of his
brethren. The mode in which this novel point
was raised was, of course, by bringing a writ of

error. The judges of the Queen's Bench were the I
judges of appeal, and the discussion has occupied
no less than the larger portion of two days. The
arguments were of the most technical character,
and yet the benches of the court were crowded
with spectators. The speeches of counsel were
certainly not emotional, but then the wretched
woman was in court ; and there is, we know, to
most minds a terrible fascination in watching the
final struggle for life on the scaffold, or, it seems,
even in a court of justice.
The principal questions upon which the judges
yesterday delivered their opinion are questions
which, in the minds of most lawyers, admitted of
no doubt ; indeed it may be said that they had
been settled by the practice of years. Relieved
from technicality, the principal question was
simply this. ClisaLarre Wiersos and another
woman, Hisses, had been jointly indicted for the
murder of the child of the latter, at Torquay.
After deliberating for five hours on a Saturday
night, the jury came into court, and unanimously

declared that they could come to no agreement ;
and at five minutes to 12 o'clock Mr. Baron
CHANNELL discharged them. Besides the latenesa
of the hour, and the fact that the next
day was Sunday, it appeared that the
commission day in Cornwall was the Monday
following, and that the presence of the judge'
in that county on that day was necessary. Having
been discharged, CuAitiorrE WINSOR was again
tried on the same indictment in the summer fol-
lowing, and convicted. Now, the question was
whether CifAcuirrE WINSOR could be so tried.
Had the jury any jurisdiction to try her ? There
is a well-known maxim in English law that no

person shall be twice vexed for the same cause, or
as it is sometimes said, the same person shall not
twice be put in peril for the same crime.
And it was argued that by putting Car...morns
Wissort on her trial a second time she was twice
put in peril. But, as Mr. Justice LUSH pointed
out, so to interpret the well-known maxim is to
misinterpret it. The maxim applies in criminal
cases only where a prisoner has been acquitted
or convicted—in civil cases, only where judgment
of some kind has been delivered. In short, the
maxim assumes that the proceedings have
been carried to a definite conclusion. But when
the jury are discharged froze givirs any verdict
the proceedings have, in fact, proved abortive—
they have not been concluded at all, and there-
fore the prisoner cannot be said to have been
placed in peril. She has been neither acquitted
nor convicted ; indeed, the vey nature of a trial
by jury involves the necessity of their being dis-
charged at some time or other.
Although there are some dicta in the old law
books that a jury ought not to be discharged until
they have given a verdict, it is nowhere alleged
that, if they are discharged from giving a verdict,
the prisoner must be considered as acquitted or
as convicted. It is obvious that there must be
some power of discharging a jury, for in this
country the verdict mast be unanimous, and,
therefore, it might well be that if the judge had
no power of discharging them, he might be com-
pelled to inflict death upon some of the jurymen.
If, indeed, the rule which prevails in Scotland had
prevailed in this country, there might be some
reason for denying the power of the
judge to discharge the jury, because it is
much more reasonable to expect agreement
of opinion in a majority than to expect unanimity.
But to enforce agreement by thirst and starvation
L repugnant to common sense. Accordingly it
has long been held that in case of necessity the
judge might discharge a jury, and Mr. Baron
CHLISNILL followed the example of his predeces-
sors. The other question which the judges had to
sonaider was, whether the decision of the judge
who thinks that the time has come for discharging
a jury might be reviewed by any court. It seems
that in one case in Ireland a majority of the

port must make every one regret that Gordon was not in-
dicted in regular form and tried by a judge and jury. De-
positions and hearsay evidence are such untrnstweethy
things that seen martial law ought not to be admi-
nistered in reliance on them. A further delay, too,
would have given the prisoner the opportunity of proving
his illness on the 11th of October. As it is, the pro-
ceedings must always leave the impression on many minds
that Gordon had suffered unjustly. Had be been tried by
a differently oonatituted tribunal, we should have learnt
the truth, which now will probably be known. The
Times is willing to believe he was not • wilful cause of
the events of October—that is, that he did not insti-
-1 gate the negroes to the definite act of murdering their
supposed adversaries. But that he was • reckless dema-
gogue there can be no doubt, and he fell • victim to the
prevalent conviction which seems to have been prominent
to both black and white, that to him the outbreak, the
subsequent ravages, and the death of so many innocent
citizens were dee.
The Daily News remarks that if the character of the
whole proceedings had not prepared us to expect defiance
of every rule of justice, we might well have deemed this
account of the evidence upon which a fellow-countryman
was condemned and executed to be some insane burlesque
of the forms of • court. It might well h►ve been thought
that the Attorney-General and an experienced governor
like Mr. Eyre would have recognised at least sucl broad
general maxims of obvious decency in the administrations of
justice as the exclusion of hearsay evidence, and
the rule that a deposition by an absent witness
cannot be used, unless it was taken in presence of
the prisoner against whom it is adduced, so that
he might have an opportunity of earomeexamining the
deponent. But there is scarcely • tittle of evidence
adduced against the late G. W. Gordon at his mock court-
martial which does not violate one or other of these
elementary rules of fair dealing and fair inquiry into the
truth. What really was proved against him, and that alone,
wee, that he had laboured long and earnestly against
wrongs and illegalities imposed upon his poorer fellow-
citizens, that he had exhorted them to resist legally and to
petition loyally, and that he had had political and business
relations with some of the men who were afterward' guilty
of blood.
The Telegraph would attach some importance to the fact
that the evidence as supplied in the report of the Jamaica
paper was inadequate to justify • condemnation upon
I the charges preferred, were there not strong reasons to dis-
trust the completeness and accuracy of the notes. It ob-
serves, however, that • great part of the testimony is hearsay
or secondary evidence, which would not be listened to far
a moment in an English court of justice, and that a similar
objection applies to that large part of the testimony which
connate of written depositions. The evidence, as reported,
relates only to Gordon's language,tnot to his actions. No
overt act was !proved or even suggested. Did he collect
arms and ammunition? Did he drill the people? Did he
resort to any violence? Did be do any of those things
which by the oonstruotion of oar law amount to levying war
against the Queen? Unless he did, he clearly was not
guilty of high treason. There is no principle more thoroughly
established than that mere words, however violent and se-
ditious, do not amount to that crime. The role is posi-
tively imbedded in our code.
The Star reviews the evidence, oral and documentary,
showing that it supplies not • tittle of proof of Gordon's
complicity in the local riots. It adds that he submitted to
his fate without bravado, and in the spirit of a martyr. If
there be such a thing as justice on earth, this man, mur-
dered though he be, will surely obtain it.

The Herald describes Mr. Gibson as conducting himself
in the Cabinet with the humility befitting a man who has
had greatness thrust upon him only to gratify somebody
else—one who is invited to the ministerial table as the poli-
tical poor relation of the mighty demagogue who sits for
Birmingham, and who does not pretend to be in the con-
fidence of his chiefs. But while admiring the modesty
which enables him so fitly to estimate his own political im-
portance, it cannot credit him with an equally just com-
prehension of other arid more interesting facts ; and it pro-
ceeds accordingly to assert in opposition to the right hon.
gentleman, that Mr. Gladstone du: owe hie election
for South Lancashire to the conservatives, and that
the elections generally did rot turn upon principles
but persons, the country affirming nothing by its votes
beyond its confidence in Lord Palmerston.
The Telegraph attaches • special notice to Mr. Gibson's
view on the subject of reform, from the fact that he is not
by any means a man who allows the strength of hie con-
victions to carry him away. A certain characteristic want
of passion, which has always disqualified him for the part
of a popular leader, gives an authority to his utterances
hardly vouchsafed to those of men of perhaps higher intel-
ligence and wider influence. He teaches a useful lesson
to enthusiastic reformers, freely admitting that his
own preference was in favour of household
suffrage, but urging that though the bill would
not in all probability go to that length, it would not the
less merit the support of all sincere liberals. Any liberal
who declines to support a government measure which would
materially strengthen the electoral body will be, whether
knowingly or ignorantly, • traitor to the cause of progress.
On the other hand, the government is bound to exert its
whole force in aid of the bill. If it be thrown out, its authors
must at ones appeal to the country, to know whether there
in or is not • desire for an increase in the numbs, of electors.
Whatever the Reform Bill may torn out to be, however
the government may finally ant in regard to the affairs of
Jamaica, the Star thinks it impossible to doubt that the
advice given in the cabinet on both subjects by Mr. Milner
Gibson has been such as the true liberal feeling of the
country would approve. It would be strange indeed if the
country did not place some confidence in a government
which contains such men as Gladstone and Gibson, Villiers
and Forster. The department under Mr. Gibeoek guidance
always has its hands full of work, though the mechanism of
its operations is never seen by the public. Mr. Gibson can
point, however, to some achievements is hi department
which secured the attention of the whole country. With
infinite labour and perseverance he succeeded in carrying
the repeal of the duties on paper—and he lent his inde-
fatigable aid to the carrying of the French treaty, of
which the Austrian treaty just signed is only the latest
of many similar results. His advice to his constituents on
the subject of reform the Star considers to be sousd,
though it again expresses its hope that the government
may have the wisdom to see that in the coining struggle
its strength will lie chiefly in its courage.

Nairn 1
Aberdeen 1
Leith
Ardrossan
Greencastle . 1
Valentia
Cape Clear
Liverpool
Holyhead.—
Penzance
Brest
Rochefort
Plymouth
Weymouth .
Portamouth .
' London
Yarmouth •
"I
Scarborough.'
Shields
Helder

30.11
31.23
30.33
30.42
20.46
30.68

W.S.W.
W.B.W.

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&W.

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B. W.

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LN.L

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W.B.W.
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W.N.W.
S.W.

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&S.W.
N.N.N.
N.E.
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PROBABLE.
FRIDAY. ON NORTEN3II SATURDAY.
W. and S.W., fresh to COAMMI. Southerly and westerly,
strong. fresh to strong, uu-
settled.
As above. WINTER& As above.
Variable, moderate to SOUTELINAL N. W. to 8.W., mode-
N.W. to S W., fresh, rate to strong.
floe generally.
As next above. NAINIIRN. As next above.
Northern=Scothuid. Westers=lreissid. Wales, and sdis-
modes. Southern=Rne Channel and
1 Kastern.ltastward Log d and North Sea. Bay of Biscay.

The Earl de Grey, Secretary of State for War,
was to lay the foundation stone of a new college at Hui' this
morning.
Last evening Lord Henry G. Lennox, M.P.,
read a paper "On the uses of National Museums to Local
Institutions" in the ball of the Society of Arta, Adelphi.
There was a large attendance. Among those present were
Mr. IL A. Bruce, M.P., Mr. Ayrton, M.P.. Sir William
Sterling, Sir F. Sandford, Sir Thomas Phillips, Mr. H. Cole,
C.B , Icc. Mr. Layerd, M.P., presided.
Mr. John Bright, M.P., has been on a visit to
Mr. Dudley, the Consul for the United States at Liverpool.
Yesterday morning the leading local liberals entertained
the boo. gentleman at a private breakfast.
Yesterday, at the first annual meeting of the
Leeds Church Extension Society, the board were able to
report that the munificence of the establishment in that
district had placed in their hands the magnificent sum of
54,6041., to promote the objects for which the society
was established. Of the subscriptions, upwards of 18,301.
have already been paid, and the board have promised
grants in aid of churches built or in course of erection, to
the amount of about 15,0001.
The master of the ship Neptune was arrested
on the 11th at New York, charged with cruelty to his
passengers and crew on the voyage just ended from Liver.
pool to New York. Affidavits of most horrible treatment
were made by several persons, and he was held in 10,003
dole. bail to appear at an • tigation next week. The
Neptune was an emigrant ship, and the affidavits show a
terrible state of affairs on board during the voyage.
The following was Brigadier-General Nelson's
note on the finding of the Court-martial in Mr. Gordon's
GAO :—" Approved and confirmed. Moreover, I fully
concur in the sentence awarded, such being fully borne
out by the evidence. The prisoner to be hung on Monday
next, the 23rd of October, 1865 ; to-morrow, the 22nd,
being Sunday, and the state of this part of the country
not rendering it necessary to inflict the punishment on the
Sabbath-day.—A. A. Nsi.sos, Brigadier•Geueral, Com-
manding Field Forces.—Morant Bay, Oat. 21, 1865, 8
p.m." Gordon was tried on Saturday, the 21st of October.
The court closed their proceedings the same evening. The
evidence was early the next day forwarded to the general,
together with the finding of the court. which bad been ap-
proved and coofirned by Brigadier-General Mama, the
officer in command of the district. On Sunday, about 1
o'clock, the same was received by the general at head-
quarters, who read it to the members of the executive com-
mittee. Immediately afterwards it was forwarded by
express to his excellency the governor in Spanish Town.
The Prince and Princess of Hohenzollern paid a
' -- •

.-- -
visit the day before yesterday to the grand sewer in Paris,
entering by the opening in the Place de Is Madeleine, and
coming out half an hour after by that in the Avenue
Portalia.
" The French court," says the France, " is to
go into mourning for nine days. without waiting for a diplo-
matic notification of the death of Prince Oddone of Italy,
the object being to show how deeply the imperial family of
France participates in the affliction of King Viet: Em-
manneL"
Baron Jules de Lessem gave a splendid entertain-
ment on Tuesday to the Morocco smbsradors, in his
hotel, me Montaigne, which has long been one of the
curiosities of Paris, in consequence of the Oriented distri-
bution of the apartments and the correct beauty of its
Msuresque decorations. One of the baron's cooks is •
Moor sod • cordon bleu in her peculiar line of art : the
supper therefore prepared for their excellencies was •
triumph of Eastern gastronomy.
The excavations now making at Pompeii have
brought to light several vestiges of the ancient Christians.
10 the palace of the Edile Pause, in the Via Fortuna, an
unfinished sculptured muse has been found on one of the
walls, as well as abusive inscriptions and caricatures rid'.
collet a crucified god.
A large eagle has just been shot at Francheville
(COte-d'Or) by • man named Hermant•Coartin. He was
out shooting, when the bird pounced on his dog. and com-
menced beating the animal with its wings. At the dog's
cries the master approached, and firing, succeeded in killing
the eagle. It measured nine feet from tip to tip of its
wings.
The French clerical journals announce that Dr.
Pussy on leaving Bordeaux proceeded to Orleans on •
visit to Bishop Dupanlonp.
A notorious bandit named named Peri, who was
the terror of the island of Corsica, has lately been shot
dead on the territory of Barrels, after a sharp encounter
with • petty of gendarmes, ia which one of them wee
unfortunately killed. Peri had already been condemned
for homicide to five yews' imprisonment, but had escaped
from prison. He then got together some men and revived
ell the word traditions of b••ditism by levying forged
contributions on the inhabitants of the districts which be
visited.
A biopics letter in the Debuts says :—" The law
on civil marriage has just given • new contradiction to the
previsions of the clergy, who announced that it would be
the c•nse of sonde' and disorder, and would find an in-
surmountable obstacle in the ocomoirnoss of the faithful.
! The law has been in operation since the Ist. Several
marrisgesbave been celebrated without anybody complain.
• log of a profanation of the oosjagel tie. The religious
• sent'mdt has not been bra say way wended. A circular
of the minister of justice affirms the Nam result all over the