The Sun.
London, England, 1864-11-04 00:00:00

Railway and Other Companies,

LONDON AND SOUTH-WESTERN.
A special general meeting of this company was held yes •
,erday at the Waterloo station to elect a :director in the

room of Mr W. S. Portal, who resigned. Captain Mangles,
the chairman, presided.
Mr Clarke, the secretary, having read the notice con-
vening the meeting,
The CHAIRMAN said, in reference to the list of candi-
dates, which included Lord Bury, Lord Otho Fitzgerald,

Sir S. A. Donaldson, Mr H. P. Marshall, and others, they

were reduced to two, namely, Viscount Bury and Sir S

A. Donaldson.

Mr LINDSAY, M.P., askad if they were then bound to
proceed with filling up the vacancy.
The CHAIR3IAB said he was advised by the solicitor that
they were bound to proceed with the election that day.

They had called the meeting for that purpose,
Lord 0. FITZGERALD said ho had retired from being a
candidate because he considered that Lord Bury was more
eligible for the office, and, judging from opinions expressed
in the most influential journals that Lord Bury was the

fittest candidate for election, he had great pleasure in mov-
ing that Lord Bury be elected a director of the company.

Mr VILLEBOIS seconded the motion.
Mr VANSITTART, M.P., complained that the chairman
and nine of the directors had allowed their names to appear
in support of Lord Bury, which he considered was an un■
usual act, and must have had a great influence with the
shareholders. He protested against such a course, and con-
tended that as Lord Bury was a member of Parliament he
would not have sufficient time to devote to the service of

the company, while, on the other hand, Sir S. A. Donald-
son could give the whole of his time to the service of the
company, and being well acquainted with commercial mat-
ters, having had 25 years' experience at the head of a com-
mercial house, he was well qualified for a seat at the Board.
He had also filled the office of Inspector or Commissioner
of Government Railways in Australia, and was therefore

fully acquainted with the subject. He (Mr Vansittart
believed he would make an excellent director, and concluded
by proposing that Sir S. A. Donaldson be elected a director
of the company.
Mr HUGGINS seconded the motion.
Mr VILLEBOIS thought the directors were in a position
to judge as to which of the candidates was best suited to
fill the vacancy at the Board. He believed the company
had always suffered from the want of influence in Parlia-
ment, and he thought there would be no difficulty in Lord
Bury finding sufficient time to attend Board meetings, and
to promote their interests in a proper manner.
The CHAIRMAN considered that the hon. proprietor (Mr
Vansittart) had made a very unjust attack on himself and
nine other directors in saying that they had done an unusual
act. On the last occason, when Mr W. Portal and Mr Best
were candidates, they mentioned in their circular the names
of directors who were in favour of their election. On the
present occasion he could state that none of the directors
were personally known to Lord Bury, with the exceptios,
perhaps, of Mr Dutton. They honestly believed that Lord
Bury was the best man on the list to promote the interests
of the company, and they gave him their votes accordingly.
Mr LINDSAY thought they wanted a man of commercial
experience who could see the advantages of obtaining access
to the west-end and the city. They had a monopoly of one
of the finest districts out of London, and if proper facili-
ties were afforded for its development .their stock, instead
of being 5 or 7 discount, would be at a large premium, and
the dividend, instead of being 4± or 5 per cent., would be 7
or 8 per cent. He had a great respect for Lord Bury, but
he thought that Sir S. A. Donaldson might be a better direc-
tor for them. He considered the members of the board had
a perfect right to vote on such a question and to express
their opinion, but at the same time he considered that a
great change ought to be made in the constitution of the
board, and sooner or later ho believ ed it must take place.
Mr HUGGINS agreed that better access to the city and
west-end was required to develope the resources of the
railway. _ _ _

Mr CASTLEMAN (deputy-chairman) said their present
station in the Waterloo-road was quite as good as being at
Charing-cross, and they were making every exertion to ob-
tain access to the city. The company obtained an Act of
Parliament for making an extension to London-bridge, but
the feeling of the shareholders had been so thoroughly ex-
pressed against it years ago that no attempt had since been
made to go on with it. The directors voted for Lord Bury
in their individual capacity as shareholders, believing that
he was the most eligible and best candidate.
After some observations by Mr Sergeant Gaselee, Mr
Seymour, and Mr Lindsay, and other shareholders,
The CHAIRMAN put the question, and on a show of hands
Lord Bury was elected a director.
Sir S. A. DONALDSON said he would not demand a poll,
as he believed that Lord Bury had a much larger number
of proxies than he had.
Lord BURY returned thanks, and the proceedings termi-
nated.

MIDLAND COUNTIES

AND SIIANNON

JUNCTION.
The half-yearly meeting of this -company was held on
Monday at Binagher, Alderman Boyce in the chair.
The Secretary (Mr F. Nicoll) read the report, which
stated that up to the 30th of September last £76,679 had
been expended on the construction of the line and works,

and that £31,303 had been received, leaving a balance
against capital of £15;371. Since the last meeting the
directors had submitted to the Treasury the usual certified
statement regarding the amounts received and expended on
capital ; and the immediate sanction of the Treasury was
granted for the withdrawal of the parliamentary deposit,
the amount of which had since been received by the board,

and expended in the cmstruction of the railway. The ne-
cessary documents had been forwarded to the Commissioners
of Public Works, upon an application which had been made
to borrow £33,300 to complete and open the line for traffic.

This application was sanctioned and approved at the special
meeting in March, and the directors had a confident hope
that Government would sanction the grant now required,
and thus add considerably to the material prosperity of the
country by opening the district intersected by the railway.
The engineers' report stated that they expected to see the

ine completed and opened for public traffic early in the

ensuing year.
The CHAIRMAN said they had ten miles of the line now
ready for traffic, and the only delay they had was in waiting
for the Government loan. He congratulated the share..

holders on the pleasant prospect before them, and was cer-
tain the Jovernment would grant the required loan, Al-
Iniugahlltyloporkovgleorreymunerative undertaking,
now, he was sure the rail-
wayt hou
would A-
lthough things
event
Mr DOLAN inquired if all the shareholders would be com-
pelled to pay up. He was obliged to pay what he con-
tracted for, and he thought it unfair if others were allowed
to shirk their responsibilities.

Mr NrcoLL said the arrear books of the company would
show that the directors were not remiss in looking after de-
faulting shareholders.
Mr DOLA.N satd he was satisfied.

The CHAIRMAN moved the adoption of the report, which
was seconded by Mr W. B. AHMSTRONC4, and carried non.
die.

A vote Of thanks to Alderman Boyce was unanimously
carried, and the meeting separated.

GRAND TRUNR. OF CANADA.
The traffic receipts for the week ending Oct. 15 on 1,335
miles of railways amounted for local passengers to £7,856,
for foreign passengers to £1,703, for emigrants to £203, for
mails, &c,, to £642, for local freight and live stock to
£12,189, and for foreign freight and live stock to £2,083
btal, i`c4,676, against £23,384 for the corresponding week
of 1863, showing an increase of £1,292. Tho total receipts
from July 1 to the above date amounted to £352,632, and
for the corresponding period of 1863 to £302,812, showing
an increase of £49,820, or 16.45 per cent.

VAUXHALL BRIDGE.
The half yearly meeting of this company was held yester-
day at the London Tavern, Mr
Quade in the chair.
The Secretary read the report, which stated that the tolls
taken during the six months ending October exceeded those
taken in the corresponding six months of the previous year
the tolls fell the six months ending October, 1863, being
£5352, and for the same period of 1864, £5,694, showing an
increase of £342.
The Conservators of the Thames having,
after due notice to the company, caused a dredger to be
worked near the upper side of the bridge for the purpose of
deepening the river and improving the navigation, the
directors. deemed it necessary to give notice to the Conser-
vators that the company would leave all responsibility and
risk of injury Which might happen to the foundations of
the bridge from the working of the dredger to the Conser-
vators, The dredger has since been removed. The directors
subsequently directed soundings to be taken, which had
proved very satisfactory. The directors recommended a
dividend at the rate of 15s per share.
The CHAIRMAN, in moving the adoption of the report,
said the tolls had been reduced during the last half-year to
one halfpenny.
The report was adopted, the dividend declared, and a vote
of thank to the chairman closed the proceedings.

A PHOTOGRAPIIIC BABY.—The following appears
in the British Journal of .Photography of October
28 :—" Some time since my
wife was engaged preparing
albumen paper in the silver bath, and in a moment of
abstraction pressed two of her fingers on her forehead,
being at the time about to add another olive branch to
the famiiy. Socn after the birth of the baby we were
surprised and annoyed at noticing that the child, when
in a strong light, exhibited two distinct impressions similar
to silver stains los fore fixing; and the strangest part of the
matter is that these disappear as night comes on and re-
appear as daylight arrives. I have not as yet attempted to
'tone and fix' these said stains, and although at present
serving as a sort of actinometer to me, will prove a sad dis-
figurement to my daughter's appearance in daylight, and we
much regret they were not impressed in some less conspi-
cuous place.—l am, &c., the Father of the Photographic
Baby."—The editor adds—" Were the writer of the fore-
going not known to us, we should have thrown aside his
letter as an impudent hoax ; but as we know him well as an
excellent photographer, a good citizen, and as being little
addicted to joking, we give his communication a place in our
journal, and leave those more competent than ourselves to
explain the strange phenomenon which we believe to be
faithfully recorded by our correspondent."

Serious Charge against a Bank Manager

and Secretary.

Two gentlemanly-looking men, named Joseph Wakefield
Terry, of 3, Albreak-terrace, Wandsworth, and Thomas
Burch, of 26, Edmund-square, Kensington, were placed at
the bar of the Mansior-house yesterday, before the Lord
Mayor, having been apprehended by Detective-sergeants
Webb and Moss, upon a warrant from this court, charging
them that " they being respectively manager and secretary
of a certain public company called the Unity Joint-Stock
Mutual Banking Association, unlawfully did make, circu-
late, and publish, and concur in making, circulating, and
publishing a certain written statement and account—to wit,
a balance sheet of the affairs of the said company up to June
30, 1862, the said Joseph Wakefield Terry and Thomas
Burch then well knowing the same to be false in divers ma-
terial particulars, with intent thereby to deceive and de-
fraud the members and shareholders of the said company,
against the statute, &c.
Mr Lewis, jun., prosecuted. Mr Sleigh, instructed by
Mr A. Watson, appeared for Terry; and Mr Metcalf, in-
structed by Mr Wentner, jun., was for Burch,
Mr Lewis, in opening the case to the Court, stated the
facts at some length, and said he was instructed by the com-
mittee of liquidators of the Unity Bank, the affairs of which
were wound up in the year 1862, to support a charge against
the two defendants of a very serious nature, under the 25th
and 26th Vic., c. 96, s. 84. As he had said, the charge was
of a most serious nature, and he was sure that when he had
laid before his lordship all the facts he would hardly conceive
one of greater import as far as the public generally were
concerned. The defendant Terry was manager of the Unity
Banking Company, and Burch was the secretary. They
had entered the bank at its commencement in 1856. Terry
received a salary of £750 a year, paid out of the money of
the shareholders, and Burch, who was under him, received a
somewhat similar salary. It would appear that soon after
the commencement of the business of the bank they must
have been perfectly aware that the bank had become embar-
rassed to a considerable amount, and that a great portion of
the capital had been lost to the shareholders. Between the
years 1856 and 1858 the bank had lost a sum of £39,380 by
bad debts, which the former manager, Mr. Chambers, had
made, and during that period no less a sum than £32,646
is said to have been expended in what was called " prelimi-
nary expenses." The bank continued under the manage-
ment of Mr Terry from 1858 to Sept., 1862, when the direc..
;ors of the bank called a general meeting of the shareholders,

and for the first time they were made aware that the bank
was not in a solvent state. The charge against the defend-
ants was, that they had published to the shareholders, in
1862, a false balance for the half year, with a view to induce
the shareholders and creditors to believe that the bank was
in a solvent and prosperous condition, and showing that a
profit of £2,255 had been made, out of which it was pro-
posed to pay a bonus of £2 per share. He would be able to
show that at this time the defendants knew perfectly well
that instead of having made a profit of £2,255, the affairs
of the bank were totally insolvent. The paid-up capital was
£179,100, out of which the bank had lost no less than
£135,000, and the balance-sheet that was circulated must
have been,to their knowledge, a fraud and deception on the
shareholders. As he had stated, the paid-up capital of the
shareholders was £179,100, some of the shares having been
taken at £6O a share. Under the management of Mr Cham-
bers the sum of money lost out of the capital was £38,179,
and his plan, which had been adopted with respect to that
loss, was of an extraordinary character. Of course the capi-
tal ought not to be touched ; and to hide the loss, and to
make it appear that the bank was in a prosperous state, the
sum of £35,000, which had been lost, was not deducted from
the capital, but it was represented that the amount of paid-
up capital was £141,000, so that only the latter sum had
to be accounted for, instead of £179,000. This matter, how-
ever, he did not blame the defendants so much for, as it was
done apparently with the knowledge of the directors. Mr
Lewis then proceeded to glance over the various items con-
tained in the balance, with a view to show the deception
which had been practised in making up the balance-sheet.
He drew attention to the credit account of the book, and it
appeared that the preliminary and incidental expenses were
made out at £32,648, and in that sum were included £3OO
for dinners at the opening of the bank, and £9,000 paid to
Mr Baylis, the promoter of the bank, neither of which sums
could everepossibly be brought again into the capital. Then
it appeared that, having received sums of money from the
shareholders and Aeposit customers, they went to show what
money they have in hand out of which to repay their cue.
tomers, &c., and they bring forward t a assets bills discounted
and loans to customers to the amount of £257,668 14s 10c1,
which should hive included simply discounted bills and
loans to customers, but instead of that it was made up chiefly
Of items which, from entries in the books in the handwriting
of the defendants, they must have clearly been aware were
entirely treeless, and past hopes of recovery. Mr Lewis then
read from a book a number of items, against which were
written, as he said, in the handwriting of the defendant
Terry, various remarks, such as—Dead—No more expected
here—Bankrupt—Dividend of 51d—end such other remarks
clearly showing that he was aware that they were irreco-
verable. Some of them were dated as far back as 1857.
The amount of cash in hand was represented £33,715, and
that included a number of dishonoured cheques and bills
dated as far back as 1857-8, and against several amounts
were written in the prisoner's Terry's writing " forgeries,"
showing again that he must have been aware that that
amount of cash in hand was not so large as had been repre-
sented. Mr Lewis enumerated several other amounts
which had been carried into the assets in a similar manner,
all tending to the same end. The prisoners might shield
themselves by saying that what they did was with the
directors' knowledge, but he would call the direc-
tors, and he was instructed that they weuld deny
it ; even if it were so, the two defendants had prepared
the balance-sheets, knowing that the sums mentioned as
assets were composed chiefly of sums which were entirely
lost to the bank, and though the directors were aware of it
they had been guilty of a great crime in circulating to the
public and the shareholders a balance sheet showing that the
bank was in a prosperous condition, they well knowing it to
be hopelessly insolvent, with a view to induce the share-
holders to hold their shares, and their customers to continue
to deposit their money with them. Out of the £179,000 of
paid-up capital £133,436 had been lost, which left to the
shareholders the sum of £lO per share. At the time the Unity
Bank affairs were wound up the London and Middlesex Bank
was started, some of the directors of the Unity Bank being
greatly interested in it, and the shareholders were induced
to invest this £lO per share in shares of the London and
Middlesex, which started with a paid up capital of £75,000,
and was carried on under the management of the two de-
fendants as manager and secretary, Eventually that bank
broke, the defendants having lost the whole £75,000. A
committee of liquidators was appointed, and the books were
investigated, and the result was as he had stated. The
liquidators had no feelings of animosity against the defen-
dants, but they felt it was a matter of great public import,
and one which required strict investigation ; and they hoped
if it were proved that the defendants had been guilty of a
crime they would be punished for it, and at the same time,
they would be very glad if the defendants could explain
away any of the facts which he should bring forward in
support of the prosecution.
John Walter Reuch said—l was one of the shareholders
in the Unity Joint-stock Banking Company. I took shares
at the commencement in 1856. I originally held ten shares,
and afterwards increased them by purchase of ten more. The
original ones I purchased at £6O each. lam at present one
of the liquidators, and produce the charter under which the
bank was incorporated. The liquidators were appointed by
the creditors on March 15th in the present year.
Some formal evidence was then taken to prove the charter
and the articles and the appointment of the liquidators.
Mr Eleigh and Mr Metcalfe both suggested that the case
should be at once adjourned, Mr Lewia's statement having
occupied the Court some considerable length of time, being
quite content that the information laid at the time the war-
rant was issued Ehould. be read over as formal evidence to
justify a remand.
The information was then read, and was as follows :
g 4 Oswald Rowell said— I am accountant to the liquida-
tors of the Unity Joint-Stock Mutual Banking Association,
which association carried on business in Cannon-street, in
this city. One Joseph Wakefield Terry was the general
manager of the association, and Mr Thomas Burch was the
secretary, and it was their duty respectively to prepare
every half year a balance sheet of liabilities and assets of
the association, and the profit or loss made daring the half
year, and to send a copy of such balance sheet to each of the
shareholders for their approval at a general meeting, I pro-
duce a balance sheet prepared by the said Joseph Wake-
field Terry and Thomas Burch, which balance sheet was
printed and circulated by them amongst the said share-
holders. I produce in the handwriting of Thomas Burch the
items. orming such balance sheet, and which were sent to
the printers of the association, and from which items the
balance sheet was printed. The balance sheet is made up to
June 30, 1862, and shows a profit during the trading of the
association for the six months preceding of £22,558, The
items by which the alleged profit is made up are as follows.
The assets of the said association, at the period named, are
alleged to be as follows : —Preliminary expenses £32,618
15s, investment in bank premises, including the Brighton
freehold, £24,590 3a Id ; current expenses, £2,977 17s ; bills
discounted, loans to customers, &o , £207,668 14s 10d ; and
cash in hand, £33,715 Os Id. I have, on behalf of the liqui-
dators, carefully examined the books of the association kept
at its office, and I find that the association did not make any
profit during the 6 months preceding the 30th June, 1862,but
had up to that time lost from its paid-up capital the sum of
£133,436 18s., which amounts appeared in the books of the
association, from which books the balance- sheet was pre-
pared by Joseph Wakefield Terry and Thos. Burch. The
items of the good assets were made up as follows :—There
were overdrawn accounts at the chief office amounting to
£9,503 103 ld, and at the West Branch £2,073 8s 10c1,
both of which sums were irrecoverable. There were past
due bills and forged bills dishonoured in the years 1859 and
1860 amounting to £10,76) 18s 8d ; in the following year
'like acceptances £12,559 18s 6d ; also acceptances lying un-
paid at the West branch, duo from 1857 to 1862, amounting
to £7,990 13s 2d. There were dishonoured acceptances in
the years 1857 to 18.58, upon which, under the bankruptcy
of the acceptors, a dividend of 51d had been paid, amount-
ing to £3,423 5a Bd, and there were other moneys which
were wholly lest, and the sums enumerated by me as pre-
tended assets were wholly worthless, and so appeared in the
books of the associatiou as past due, With reference to the

statement that there were cash in hand at the time amount-
ing to £38,715 Os Id, I say that there was only cash in hand
at that time amounting to £29,680 4s sd, th 3 difference
being made up by uncleared and dishonoured cheques, some
of which were of no value. With reference to investments
in bank premises, I say that the value was under £lO,OOO,
although the same are entered in the balance-sheet at the
sum of £24,590 3s Id. At the time the said balance-sheet
was circulated, I say that the bank had made no profit
whatever, but was wholly insolvent. I have seen both Joseph
W. Terry and Thomas Burch, who told ma that they en-
tered the sums in the balance-sheet because other banks did
the same ; and, lastly, I say that I mako this complaint upon
a resolution of the liquidators of the association so to do, and
I believe if a summons be issued against Mr Terry he will
not appear thereto."

The information having been read over as evidence for a
remand, _ _ _

Mr Sleigh and Mr Metcalfe applied that the defendants
might be admitted to bail.
Mr Lewis, on the part of the liquidators, said the subject
of bail was left entirely at the discretion of his lordship.
Some discussion ensued as to the propriety of admitting
the defendants to bail, both counsel asserting that they were
prepared with substantial bail, but the Lord Mayor ulti-
mately declined to accede to the request, and the defendants
were remanded, bail being refused.

SPIRIT OF THE PUBLIC JOURNALS.

MRS.—The report of the addresses delivered al
the banquet given by the Quebec Board of Trade to
the delegates of the provinces of British America
shows that the occasion was not one of mere com-
pliment. The delegates have been sent from the
several provinces to sit as a Conference, empowered
to devise and propose for adoption some plan that
may unite all these separate territories by an alli-
ance or federation, with one political and commere
cial system. The proceedings of the Conference must
have the greatest possible interest for these colonies
—but the discussions are not public, end there is an
understanding between the members that a prudent
reserve is to be maintained as to proposals and sug-
gestions that may be offered, but rejected as inex-
pedient. But on the main general purpose of the
Conference there is no need of silence, and this
banquet may be regarded as a concession to a natural
public feeling, It gave the delegates an opportunity
of expressing in a direct manner the prevailing
opinion of each province on a matter of such vital
importance to all. It is very probable that few
points of detail have been settled. To draw up any
scheme of political union for colonies so long divided,
and extending over such an immense territory as
British North America, must be a work of extreme
difficulty. At all avents the delegates merely alluded
to the obstacles they might have to evade or over-
come, but dwelt at length and with great earnestness
en the main question—the necessity of a common
political union. The provinces represented were
Nova Scotia, New Brunswick, Newfoundland, and
Prince Edward Island, and they have assembled in
the old capital of Canada, Quebec. For the first time
representatives of the whole group of British set-
tlements are brought together for an object that of
itself indicates how much they have increased in ma-
terial prosperity and political importance. They feel
thnt the time is come when a change in their posi-
tion, divided from each other as if they belonged to
different Powers, is necessary. They desire a union
" under one flag, and that the flag of England,"
They wish for a commercial alliance, or Customs'
union, with one tariff, instead of five, and they
hope to create a more active commercial intercourse
between all the provinces that has hitherto existed
by means of an intercolonial railway. These are
stated as the main objects to be effected, or, at least,
promoted by the deliberations of the Conference. To
another point less importance was attached, to judge
by the speeches of the delegates, though reference
to it could not be entirely avoided. The union is
to be one of defence also. We will not inquire how
much the great change that has passed over the
American Republic may have had to do with
arousing the provinces to a sense of peril in the
future. But the impulse it. may have given to the
desire for closer union with each other may be
stronger than the colonists themselves admit. As
the Conference meets under the authority and with
the sanction of the British Government we may
assume that the purpose avowed by the delegates
is approved. The jealousy of such an organisation
between separate dependencies which the mother
country would once have displayed is a feeling long
extinct: There is rather an impression that the
Imperial Legislature his granted all the powers of
self-government to some of these colonies too easily.
Not that it was desirable to keep a distant commu-
nity in the leading strings of the Colonial-office,
but because it would have been better if some
kind of union between provinces on the same con-
tinent had been effected before they were made
practically independent. With respect to the whole
group of our North American colonies, this idea
of a federation or alliance is by no means new. In
fact, it was partially adopted by the union of Upper
and Lower Canada after the rebellion. Tne measure
has certainly converted a discontented population
into one of the most loyal communities in allegiance
to the British Crown. Bet it has created endless
difficulties to many Canadian Ministries, and more
then once brought its local Government to a
standstill. The plan of the delegates now at Quebec
appears to stop far short of the Canadian prece-
dent. They propose a political union, but not
amalgamation. It is possible to establish a tens
tral power without creating a common Legisla-
ture. As to a Customs' union, there ought to be
even less difficulty. If it has been possible to
establish in the centre of Europe one tariff for
many Sovereign States, and to abolish all the fron-
tiers that impeded their commerce, the same object
ought to be easily accomplished when only a ques-
tion between provinces subject to the same author
rity. It is impossible to exaggerate the mischief
these inland frontiers cause to every commercial in-
terest ; and the evil is always increasing, especially
if neighbouring colonies adopt a policy of "protec-
tion to native industry." They legislate against
each other, and begin a conflict certain to injure
both. Even without going to this extreme, the
difference in the scale of import duties may be con-
siderable enough to introduce the smuggler where
ho ought to be unknown. He is already heard of
in Australia, though as yet its three tariffs levy
duties for revenue only. Nature has made it diffi-
cult enough to establish easy means of communis
cation between the British American Provinces,
without adding any artificial impediments to traffic.
On these points the English public can thoroughly
understand all the reasons given by the delegates
for adopting some improved system of Government.
There are other arguments in support of the change,
more local and less evident on th'.s side of the At-
lantic, Such are the estimates of the value each
province will be to the future union, and the advan-
tages its position, population, or wealth can bring
to the common stock. But the outline of the plan,
and the arguments that prove the necessity of pollo
tical union for certain specified purposes, will be
fully appreciated. When the great provincial Con-
stitution is finished and made known we shall he
glad to hear that the many difficulties of detail have
been met successfully. It must not be forgotten
that one essential part of the scheme, the Interco-
lonia' Railroad, is a matter of time, money, and
labour that must be achieved by other means be-
sides discussions and resolutions. The British Pro-
vinces, if they succeed in constituting their federa-
tion, will escape one cause of future difficulty, No
unhappy war or rebellion has forced them into any
Declaration of Independence" as Sovereign States.
They can reserve no rights that, if hereafter as-
serted, must destroy the compact. They can adopt
a system less complex than that of the Republic of
which they have.seen the dissolution. Nor do the
delegates show the slightest disposition to take
their neighbours' Federal Constitution as their
example.
POST.— We confess we observe with no slight re•
gret the efforts that are being made to procure a
commutation of the capital sentence passed upon
Muller. In the abstract, indeed, we should be sorry
to see any interference attempted by public opinion
in the discretionary exercise of the Queen's preroga-
tive of mercy. But there are only two grounds on
which that prerogative can in any case be invoked.
On the one hand, it may be appealed to where the
circumstances tend to palliate the crime that is
proved to have been committed ; and on the other
hand, where there is a sufficientdoubt of the justice
of the verdict to constitute the Home-office a species
of coact of criminal appeal. So far as concerns the
former ground, it appears the German Society
themselves are sufficiently alive to the deliberate
and horrible character of the murder that has been
committed. But they profess to be dissatisfied with
the evidence, and they ask on this latter ground for
a reprieve. They have held a meeting, in which
they also bring forward two distinct stories, tend-
ing to implicate other persons in the commission of
the murder. So far as the evidence against Muller
is concerned, the judgment of the public has con-
curred with that of the jury in regarding it as
conclusive. Whether the convict had any accom-
plice in his foul deed—whether other persons may
also hereatter implicated, is another queatieo. But
that is not a matter which concerns ihe immediate
issue, namely, the guilt of Muller himself, which
has been conclusively proved,aed of which none but
the German Society has any doubt whatever. in
such circumstances as these, it is simply a matter
of cruelty to the convicted criminal to buoy up his
few remaining days with hopes of mercy which can-
not by any possibility be realised. The wretched
creature must have suffered agony of mind enough
already without being tortured by any further
alternation of hopes and fears. The interval
considerately afforded between a capital sentence
and its execution is held to be granted with the

view of enabling the culprit to repent o.f
q
crime, and to prepare himself for his future slye
It is hardly in human nature to expect that 0;
a process of repentance can take place' 117,,y
there is dangled before him a hope of eseeeK,o
death. It is, therefore, only upon the dis;
ground either of extenuating circumstances) ()
unsatisfactory and inconclusive evidence, tbelo
public canfeel themselves morally justified in geht
up such a plea for commutation as this, 101'1
knowledge and concurrence of the criminal. e
cannot think that the proposed interference le
better sustained on the latter ground than it 11
have been if it had been raised on the former.
chief plea of the German Society is that the)" At
I additional evidence. But it must be acknoWle7,
that this evidence, so far at least as it is done je°o,
to in the report of their proceedings, is of the.,
siest description possible. It would almost seers
if it had been testimony which the counsel I.
defence might have rejected, as being more
lated to compromise their case than to proraelep
or, at best, as being immaterial to the issue.
over, this murder had attained so wide a rtelofl;
for so long a time that it is hardly conceivable I
any facts in any way bearing upon it, and 1,130
possession of trustworthy witnesses, should n''ool.
ago have been published, or at least have bee°
municated to one side or the other. The Of.
Society now bring forward two fresh stories. 111
first relates to Mr Briggs' watch. The society
profess to have found the man from whom esti
pretended that he had bought this watch
docks. He is alleged to be one of four pedlarßd
loitered in that locality; and ho is said to correlk;
with the description given of him by Mullertp
had several times changed his abode ; he Was
01. n
found ; and, when found, he gave an unsatilOti
account of his dealings. This is the ease as Otis
ward by the German Society. But Muller sty„i
New York that he had bought the watch tcre;s
ago, whereas it was identified as in the pes,e4
of Mr Briggs in July last. What, UPI!
the chain sold to Mr Death immediately'
the murder • and what of the hat ? eg
other story Of the German Society is aplorpt
still more wide of the mark. Some Mt
is found in Edmonton to come forward's:
a statement which, if he thought that it boterik
reference to the case of Muller, it would be 01
that be should not have told before. On thef
of the murder, and some three or four hours 5.01
was committed, a cab containing four men 1111
one of them without a hat, drove by Poole's id
in Edmonton. The men threw against his
a parcel containing a pair of trousers, nor 8111
be stained with human blood. This is tea
,7,0
whole substance of the story. What sort 01,4
bility is to be assigned to such an impeobaTi
count is, at the outset, very doubtful. Betio)
the event happened at all, or not, has but 1
relation to the case of the present criminal. el
any one concerned in the murder should 1304
berately flung into the street at Edmonton
blood-stained trousers would seem literto,';
credible. Nor is it stated on what authoryo
stain is asserted to be caused by bureau to,
Again, as the murderer took his victim's hard
with him, the fact of one of these four persono
without a hat by no means supports the ease 4
German Society, the hat left in the carriage e.'ol
ing to have belonged to Muller, and the hat
wards worn by Muller appearing to have bee'
to Mr Briggs. We must confess, thereferet
this " evidence," if such it can be called, aPl)oi
be of the most frivolous character. It le f{
however, that the society have certain otbe,ef
at command ; but really, if they bear no 000.
Lion to the matter at issue than the two
fE
cited, we cannot see the utility of products $0
We can quite understand that the Germano„l
are very unwilling that one of their own 01!
London should suffer capital punishment; ut
have had every opportunity for the le !„,00
months of adducing all the available Tieulid
behalf of their countryman ; and we 13V
exceedingly surprised to hear that any reio aft;,
of such a kind were suddenly forthcoming lid
that long inquiry and legal ingenuity non'
have been tried in vain.