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London, England, 1826-07-10 00:00:00

JAMAICA.

KIIfASTAN, APRIL 17, 1821.
SURREY ASSIZR COURT.—Ttersn•Y, APRIL 10.
The only cause brought before the Court was the King against
William Sutliff, a mulatto, for maltreating a female slave, his own
property.
Mr. Smith, the police officer, Mated that, some time about the
beginning of last year, a complaint was made to the Sitting Magis-
trates by Mr. Rennie, who lived next doer to Suthff, of his being
continually annoyed by his flogging a negro girl, who we under-
stood was kept in chains in the yard. Two constables were sent up
to bring her down, hut they were not athnitted into the house ; he
WWI then directed to call himself and see the parties: lie did an,
and, except the marks of a workhouse flogging. he did not conceive
her appearance at that time called for the interference of the Magis-
trates, hut advised Mr. Sutliff to be more moderate in his conduct
towards her. In the month of May, the girl came herself before
the Sitting Magistrates, and showed marks of punishment on va-
rious parts of her body, and cuts about hi r head, and in fact
was a picture of (Dames. Sutliff acknowledged he had cut her with
a knife, because she had brought him a dirty plate. The Magis-
trates took her out of his possession, and sent her to the workhouse,
to be fed at his expense, but rot worked. Witness was desired to
inquire amongst the neighbours for evidence to prosecute him, but
he could not get any to come formed ; during this time, the owner
made rep ..:tied applications for hie slave, but was always advised to
dispose of her. In August she was given up to hie, oil this express
condition, that she was immediately to be disposed of; indeed it
was understood she was already sold. Verret this time wit-.ess
heard no more of her, until the 21.kh of Jiolpirf hot, • when the
mother of the girl came to witness, deseriVrilt the state In which
her daughter then was, in the house of SOW. 'Witness brought
ti.e mother before the Sitting Magistrates, Messrs. Yates and Dry.
don, who, on hearing het recital, Sent immediately for the girl ; her
appearance them was wretched; site bore the appearance of starve-
don, her bones nearly coming through her skin, •naked, except a
rag, thrown round her body, and spree and marks of flogging all
over her body; three sores on the head were full of matter; never
saw such a picture of distress and itl usage before. After leaving
her. and going home, reflecting on the cuts on the head, and not
knowing their depth or their nature. sent a note to Dr. Chamber-
hinet requeatisg hint to call at the Ositeed-house and look at her,
which he did. She was the !motley sent to the workhouse, and on
the following Monday brought before the Common Council, who
ordered the prosecution.
Dr. Chamberlsine said he was requested by the police of to
call at thegluard-house, and sec the negro belonging to Mr. Sutliff:
She was a shocking sight, starved and naked, with wounds smi
bruises on several parts of her body, three wounds on her head,• the
largest on the front, apparently made by a blunt instrument.
Mr. Yates was Sitting Alderman of the week, when Rebecca
was brought before him ; would not now know her to be the same
person ; she was thegreatest object of distress he had ever seen.
Mr. Lyon, supervisor of the St. Andrew** workhouse.—Mr.
Sutliff brought the girl Rebecca to the workhouse in August, and
saw her get thirty-nine lashes: directed hex to he kept there at hard
labour ; in October she became sick, ani witness advised her to
he taken out, which was done.
Jeffry (a black) lives next door to Sutliff, and has heard
and seen bins daily, from the time Rebecca came last from
St. Andrew's workhouse, flogging hir. sometimes with a hunt-
ing and sometimes with a horsewhip at all times she was
made to go about the house and yard naked, with a chain
I round her waist, frequently made to drink urine, and
flogged until she did so, lie telling her that was made for negrocs
to drink; witness has frequently remonstrated with Sutliff for his
cruel conduct; he always replied be did not care ; she was his
property, he paid his money for her, and he would do with her
as he liked; and even if they should take her from him again,
a few doubloons given to any one of them fellows (meaning the
li~acistrates) would soon get her back again.
David Ross (bleat) lives near Sutliff, and from his own yard
can see into the house and yard of traverser; has daily w;i-
named his cruel treatment of Rebecca since her last coming out
of Halfway-Tree workhouse, flogging her more than ten tiniest'
a-day, and frequently in the morning pouring the urine out of
the chamber-glass into a wash-hand basin, and flogging her until
she drank it; never told this to any ow until called open by
the girl's mother. who begg.d him to' go with her to Mr.
Smith, he having told her to get some free persons to tell what
Mr. Sutliff did to her daughter.
Mr. Alowatt—Lives next door to Sutliff; has frequently heard
him threatening that he would punish any one who came to give
evidence against him, particularly that d—.—d rascal, Robert Smith,
the police officer, and the whole of them—even the Lawyers, too,
were rogues ; at one time heard him telling his housekeeper what
she was to swear to on the trial, but .she seemed to refuse so to do ;
soon after he heard a flogging and a female 'greenling; believes it
was the housekeeper.—Case for the Crown closed.

One or two evidences were called on behalf of the traverser, but
the Court told his Counsel unless they oassant to disprove the facts
sewed by the evidences of the Crown. they need not bring them up.
The Counsel, Meusri. Rennana and JgAqs, replied tbq were aware
of that—they had not one word to say. The Jury instantly re-
turned their verdict Guilty:
SutlifTwas ordered into•the custody 'of the Marshal, and taken
away so gaol, followed by an immense crowd, of all colours, re-
joicing that he was about to receive his deserts.
This inhuman wretch was himself formerly a slave, and. while
in that situation of life, was kindly treated by his owner, till he at
length obtained his freedom. In 1814, after having wrought for
some years at the saddlery business, he offered himself as a servant
to attend a gentleman of this city, who was going to England, and
having scraped an acquaintance while in London with Mr. Tilly, an
eminent saddler, he obtained a loan of fifteen pounds sterling from
the gentlemen lie went With to purchase some articles in that line
from Mr. T. who gave him a small quantity of goods on credit in
addition, and fur some years afterwards sent him some shipments,
consigned to the late James Turner Harris, Esq. of this city, who
was so friendly t•iwards him, that lie frequently gave him bills of
exchange to remit for them, and indulged him as suited his
convenience for the payment of them. The return he made for
these acts of kindness was, within the last few years. to insult Mr.
William Harris, the brother of the deceased gentleman, for per.
forming his duty as a Magistrate, when his case had come before
him.

HIGH COURT OF JUSTICIARY.

EDIN URG lI,MONDAT, Jut: •3.

James Martin, late a soldier in the 88th foot, and now a labourer,
residing in the Castlehill, was put to the bar, on • charge of
murder, in so far as lie did, on the sth April last, in or near Craw-
ford's Close, Castlehill, attack and assault Jane Young, residing
in the Castle Wyril, and give her several kicks and blows on the
breast and side, which broke eight of her ribs on the left side, of
which she died four days after in the Royal Infirmary.
The prisoner pleaded Not Guilty.
Catherine al`Donald examined—Knows the pannel, also knew
the deceased; witness lived in Brown's Land in April last; recol-
lects in the beginning of that month being awakened, about six
o'clock in the morning, with the noise of a scuffle at the outside of
the door; did not go out, but heard a female voice say, " Ye ail.
lain, if ye gang to daft Kate, Cllstane ye to death."
nistiAn Ross, or Fraser, examined—The Court was informed
that this witness could speak nothing but Gaelic.
Lord PIT MILLY—Are you sure that you cannot speak English a
Yes, Sir. (Great laughter.)
James 51‘Donald was called as an interpreter, and after being
sworn to interpret faithfully and truly, the questions put to
the witness and the answers, he administered the oath to the wit-
, neas in Gaelic. Witness lives in the Castlehill, near to Craw.
ford's Close; was at her own door on the morning of the sth
of April last, between the hours of five and six, when she observed
dece ised and pannel both miming up the stair in which she resides ;
they were chasing one another; observed deceased have some
stones in her hand, but did not see her throw any of them ; heard
pannel and deceased speaking violently together, but did not under.
stand what they were saying.
Cross-examined—Deceased was foremost when witness saw her
and pannel running up the stair.
The declaration of the deceased, emitted in the Royal Infirmary,
was then read, by which it appeared that she was 47 years of age.
[The facts, as stated in the declaration, were at variance with the
evidence in many points, and seemed evidently dictated by jealousy,
resentment, and revenge.]
Elizabeth' M'Donald or Cameron, examined—Witness resided
in Crawford's Close in April last; knew Jane Young. the de.
ceased, who at that dins lived in the adjoining close, which goes
by the name of the Water Company's Close; knows the panne' at
the bar by sight; has seen him about Young's house; recollects
deceased coming into her house, the door of which was standing
open, on the morning of the sth April, between the hours of five
and six ; deceased appeared to be agitated, and was followed by
the pannel; they struggled for a few minutes with one another;
deceased said, she would stone pannel to death if he did not keep
away from her; pannel quitted deceased, and went out of wit-
ness's house followed by the deceased, but in a few minutes they
both came running into the house again, the deceased entering first,
and a violent struggle tank place between them ; saw no blows
given, and did not observe any marks of violence on deceased's
person at this time; saw no stones in deceased's hand; did not
think pannel or deceased drunk at this time ; they struggled toge-
ther for a few minutes in the house, after which both went out, and
witness shat her door and did not see them afterwards.

William) Hunter, examined—ls a surzeon in the Royalj Infir-
mary; recollects the deceased being taken into that establishment on
Sth April last, but as it was one o'clock, and after the daily visit
was over, witness (lid not see her till next day ; considered her life
to be in the greatest danger from the great pain the deceased felt ;
they did not minutely examine the extent of the injury ; she died
on the Ptii, and the day after the body was opened. [Here the
Witness read a very full medical report of the case.) Has no
doubt that the deem of Jane Young was occasioned by these in-
juries.
The following witnesses were then examined in exculpation.
Eliza Haig—Pannel left some bags of coals at witness's house on
the evening of the 4th, and he came for the bags next morning be.
tween six and seven ; on coming in he sat down, appearing to be in
desplir, and said that he could not go about his master's business

for a blackguard woman murdering him with stones witness con-
siders the pannel to be an holiest and peaceable man.
Rebecca Stewart corroborated the above witness.
IVIr. ALISON, Advocate-Dmpute, addressed the Jury for time
Crown, and remarked, that although the indictment charged the
pannel with tile crime of murder, it was in the power of the Jury to
return a verdict of culpable homicide. He would leave the case in
their hands, fully sensible that they would return such a verdict as
the evidence which had been led would enable them to form.

Mr. CAR LYLE: for the panne!. addressed the Jury at great
length. lie admitted that the deceased was killed by violence, nay
further. that she met her death through his instrumentality, but
coupled with circumstances which would render it impossible to re-
turn a verdict of murder, end even difficult to find him guilty of
culpable homicide ; as it was clear, from the evidence, that it was
jealousy which prompted the deceased to use the provoking lan-
guage and threats towards the panncl when he wan going on his law-
ful business, which led to such melancholy results. Under these
circumstances, he did not know how they could find the pannel
guilty of culpable homicide without strongly recommending him to
mercy.
The Jury, after retiring a few minutes, returned a verdict, find-
, ing the panne' Guilty of culpable homicide.
Lied Pr T3ll LLY-1 certainly think that you have done perfectly
right in leaning to the side of mercy, where there was any doubt,
as In the present case.
Lord Macimerrzte—My Lords, we have now this unfortunate
man charged with the crime of murder, on which the Jury, taking
a merciful view of the case, have returned • verdict of culpable
homicide; but we cannot but look upon it as a very aggravated
ease, and required very erring provocation indeed to prevent it
heing a case of murder. The woman was in that state of violence
from jealousy, and the panned in that state of perturbation and fear.
which, if it did not justify him, it at least rendered him less cri.
minal ; but still, making all p ssible it is impossible
for me to think, considering that the sufferer was a woman, that
any provocation., however great, could hire caused the panne! to
mike such an atrocious attack on the deceased. Although lie did
not even at the time intend to commit any enormous bodily injury,
still, whatever were his intentions, they discovered the greased and
most ontrageoas violence. Under such circumstances, I would not
be doing my duty to your Lordships were I to propose a less
punishment than transportation for fourteen years.
In this opinion Lord A LLOWAV shortly concurred; and, after en
address from Lo rdl'i T L the pannel was sen tented accordingly.

" SEPARATE MEETIFG" OF ROMAN CATHOLICS.

A "Separate Meeting" of Roman Catholic Gentlemen took
place at the Cora-ncehange, Dublin, on Wednesday, Mr. Bric in
the Chair.

31r. I reorirXELL addressed the Meeting at length. Ile came,
he said, to read hit recantation upon the subject of the forty-shit.
ling freeliold.wing. (Cheers.) And now he conceded, that in the
opinion he had given op that subject. he had been in error. lie
had, for the wike• of preserving unanimity. heretofore assented to
the general wish of the Catholic Body, but had still reserved his
own right of private judgment on that subject. He conceded that
he had been wrong. His judgment was no longer on that sub-
ject what it had been—he was totally, changed. Ile need not
advert to the mine which have recently occurred throughout
Ireland t the forty-shilling freeholders have everywhere eman-
cipated themselves from their political thraldom—they have burst
through those bonds and fetters which have hitherto held them
in sla'very. He, • therefore, felt he would be doing them
a great wrong, and ininking his own judgment, if he did not
return them his thanks for the boundless patriotism, the love of
country and religion which they exhibited everywhere. They dis-
played a heroic example. worthy the imitation of those in the more
elevated walks of life. The delusion tinder which he had laboured
is gone for ever. The error, he confessed, was purely his own—the
merit was entirely theirs. lie, therefore, now solemnly declared,
that he would not accept of Emancipation in any way in return f,ie
the slightest infringement on ihe eleciive franchise, or coupled with
what has been termed "the .P)eehold wing." Mr. O'Connell now
, briefly adverted to the great effort( wluefrhad been made at Water-
I ford, Westmeath, !ninth, Alonaghari,- And Armagh. These facts
had totally blotted from his mind what he would term the miscon-
struction he erroneously put upon this branch of the elective fran-
chise. He now only found fault with this valuable privilege in its
not being more extensive; although not is. love with the detail, he
concurred most heartily in the principle etf %the forty-shilling free-
holders. He now considered emancipation not worth accepting, if
coupled with any initingtment on that franchise. He moved,
therefore—

" That we deem it our ditty, publicly and solemnly to declare,
that we will net accept of Emancipation, accompanied by any in-
fringement whatsoever on the tlective franchise of the forty-shilling
freeholders."

Mr. N. P. Gon MAN Baia, he would allow no man to second that
resolution but himself. (Loud laughter )
A gentleman observed, " You need not fear while you hold that
stick.'

Mr. SIIIEL said, when certain of the Irish Catholics who were
employed to negnciate the Ithertiea of Ireland assented to a modi-
fication of the elec. ive franchise, they formed an csimate of the
Irish peasant, which great events had proved to he erroneous.
Mr. Peel and Mr. Foster, and the rest of the advocates of the
forty.shilling freeholders, were in the right. More Lberal and
enlightened Statesmen, who asserted the rights of the lower
orders with such unaffected and disinterested strenuousness. may
appeal with pride to the great national incidents which havi re-
cently taken place, and which afford so powerful an illustra-
tion of the soundness of their reasoning, in defence of those
privileges, at whose expense it was proposed that Roman
Catholic Emancipation should be purchased. The election
of Louth, for example, will supply Mr. Leslie Foster with
more arguments in opposition to any Bill which may be in-
troduced with a view to the disfranchisement of his tenantry. Be
may inform the House, that preferring the dictates of their con-
science to the suggestions of individual interest, the peasastry of
Louth revolted against the Protestant aristocracy, and that while
he had only a majority of five beyond Mr. Fortescue, the popular
Candidate was returned by a majority of three hundred votes,
and left them behind at an ignominious distance. (Hear, hear.)
It must be owned by the warmest admirers of Mr. Plunket and
Sir Francis Burdett, that the Orange party in the House of
Commons are supplied with facts which must close the mouths
of their adversaries, and that the purity, the integrity, the firm-
ness, and determination of the forty-shilling freeholders are now
unequivocally and incontrovertibly established. (Much cheering.)
But, Sir, let me lay the language of mockery aside, and turn,
in the spirit of seriousness, which becomes events of so much
importance, to the great illustration of the moral and political
feelings of the people, which recent incidents have supplied.
A simultaneous and universal revolt against the aristocracy has
taken place—lreland has been to a certain extent revolutionized.
flow has this come to pus ? Bow has this extraordinary change
been effected ? Through what means has this transformation been
produced? Not very lo tg ago the peasanty lay in abject
prostration before their landlords. They were driven to the
hustings as the beasts to the shambles. They were placed, in a
relation as base and as inglorious as the serfs or "villains" of the
feudal law, and as they drew their breath, so they gave their voices
at the will of their Lords. But upon a sudden these de-
graded, these wretched and servile beings, who seemed to have
nothing of humanity but its shape, started into the dignity of
manhood, threw off their debasements and dependence, and
rose up to the level of full and independent citizenship. A ge-
neral resurrection took place. The energy of the country that
had so long lain dead was resuscitated. The trumpet sound-
ed and it awoke. (Cheers.) And whence did that voice, which
has called up the vigour, the energies, and the virtue of Ireland
into animation and Into life, whence did that voice proceed? I do
not exaggerate when I say, that we behold, in the events which are
passing around us, the results of the Catholic Asrociation. We!
(I tine the went emphatically.) we have accomplished all these
great, these glorious, and useful things—we have roused this most
potent and indomitable spirit—we have awakened the people to a
noble consciousness of their religious and political duty—toe have
taught them " how to know their rights"—and after having im-
pressed them with a just sense of their value, we have instructed
them " how to maintain" those noble privileges, of which we
had instructed them to form a lofty estimate. (Coati cheering.)
It Is not with any feelings of shame that I confess, but I avow
with a lofty pride, that we have kindled this great, this wide ex-
pansive flame, which envelopes the country. We have applied
the torch, which has set the popular passions on fire. (Cheers.)
Let them, if they will, snatch the torch from our hands—let them
take from us the means of exciting the national mind—let them
pass Catholic Emancipation. (Cheers.) It is from the Penal Code
that all our power is derived. We drew our political influence
from those passions, which the systtem of disqualification has pre-
pared, and which it requires so little art to kindle. The agitators,
the incendiaries, or whatever else they please to term the men who
have manifested such indefatigable zeal, and such an inexhaus-
tible alacrity, in the work of national excitement, would be flung
into. instantaneous insignificance, and be not only deprived of
the faculty, but be cured of the inclination, of rousing die pas-
sions of the people. Catholic Emancipation will sentence every
demagogue to political annihilation. But if the Legislature
have not the wisdom to see this, and persevere in the system of die-
qualification which has had the effect of marshalling and confeder-
ating seven trillions of the Irish people, the cons, quence will be,
that instead of confining the ascendancy of the Protestants, the su-
periority of the Roman Catholic will be ultimately produced—we
shall be mamas of the representation of Ireland. (Cheers.) We
have already beaten the Orange faction out of their strong holds,
and improving upon our success, having acquired a confidence in
our resenuces—having learned what union and organization can
effect, we shall not leave a single Orange Representative in Ireland.
Look for example at Louth. In forty-eight hours' none' we bent
the whole Protestant Aristocracy to the ground. I am not given to
boasting, but this I may venture to assert, that however unconnec'.
ed with the county, I could without any considerable exertion, nay
almost with the more of my finger, have thrown Mr. Leslie Foster
out of the county. 1 forbore to make any vigorous exertions against
him, in the hope that he may turn the lesson which he has re-
ceived to good account. But if lie does not—if he is determined to
bid defiance to the people—if he is dead to all admonition, he never
shall represent Louth again. And litre, Sir, I cannot refrain from

•
' expressing my regret, that however much we may have done, re
ahnuld li•tve accomplished more. How disgracefuicia it to ti e
Catholics of M'eafottl that la,rl Stoprord aholtld represent that
county. Had Mr. Chiclicatcr relied a 'little snore • upon Om
popular feeling. instead of calculating the effect of that in-
gluttons coalition which halt been efficted between Xt. Carew
and the Orange Member, he would have superseded tpe heir
to the House of Courtown. I trust. however, that his error will be
speedily repaired, and that neither Wexfor I nor any other county
in Ireland, will he degraded by an Orange Representative. The
first prayer is this—that Catholic Emancipation may peas, and
put an end to the furious animosities by which we are separ^•^o
from each other. But if It Mall not pasw--if the Legislature t..ic
withhold that great national boon, then, let the consequences be
what they met', ler the passions of the people have their scope. It
is not our fault if the fountains of' bitterness are still left unaealgd
and it will sca'recly be our • care to check them in their abundance,
and to restrain-their flow. And how (that Is a question *bleb
I wish to put to every sober-minded Protestant), how, in the name
of God, In all thic to end ? Does any man imagine that political
events will mak,: a stand, and come to a halt? Does any man
think that nothing, of any serious consequence will aria, from
all that we behold ? It Is not any mere temporary and evanescent
exhibition which we have attested. The display of national resolre
is not a mere ehullitiorrof popular instability. The tide of public
emotion will not fall beirk and ebb away from the height to which
it has • mended. It will not undergo any refine, but will con-
tinue to roil on and Oh ground with every breaker. It has no
I subsiding quality—ft will net retreat—it IX-- •
Like the Pontic sea,
Whose icy current, and compulsive course,
Neer feels returning ebb.
The Resolution was carried.

A vote of thanks wax pooled to the liberal eleotors of England,
who have en powerfully relived the" No Puptry" cry:
Seconded by Mr. LAW I.FSS.
A resolution congratulating the Catholic electors of Ireland, more
especially the forty-shilling freeholders, on their disinterested and
patriotic exertions to put down the advocates of bigotry and.opprea-
mon in Ireland. was then passed.
Alm. a vote of
'• Most respectful thanks to the Catholic Clergy of Ireland for
their patriotic devotion to the cause of their country."
Mr. O'Cosrynt.r. adverted to the new Catholic and patriotic
campaign. The Generat Catholic Petition ohould be placed on the
table of Parliament the tir,t day of the Session. The Provincial.
County, and Parochial Meetings to be held-throughout Ireland.
and a book to be opened id which gentlerhen would enrol their
names, pledging themselves to make every effiirt' to promote the
above objects.
Mr. O'DwYnn addressed the Meeting at some length.
Mr. Brie then vacated, and Mr. O'Dwyer was called to the
Chair, when, after the customary vote of thanks, the Meeting ad..
journed to Friday.

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