The Sun.
London, England, 1852-05-29 00:00:00

had not stated the depositions on which the warrant had
been issued, and' on which everything depended so far as
the magistrate was concerned, who might have acted
quite properly, perceiving that the party making the in-
formation on oath had sworn positively to the charge of
false pretences, in which supposition the proceeding, at
least on the part of the magistrate, would have been re-
gular and proper. He could not say how far this was or
was not- so, but as the matter at present stood, their
Lordships hardly had materials for pronouncing any
censure upon the magistrate, whatever might be the case
as to other parties—(Hear)—and as to them an action
was now pending, so that he submitted it would be im-
proper for their 'Lordships to enter into the inquiry
until the action Was decided, the result of which would,
he doubted not, be to show that in any case in which a
wrong had been perpetrated, the law of this country
was adequate to give ample reparation to the injured
par ty.—(He ar.)
The Earl of ABERDEEN said ho really was asto-
nished to hoar the language of the Noble Marquis the
Lord Privy Seal, who called this " a lame story."—
(Hear, hear.) A lame story I Why, he had never
heard one more completely established, or more painful
in its character.—(gear, hear.) It was hardly credible
that such a case should have occurred in this country.
—(Hear, hear.) On one occasion a Noble Lord had
observed of some case that it was only in Madagascar it
could be conceived to have occurred, but the case before
their Lordships seemed to be of such a character as
could scarcely be credited'of any country, however cruel
or unciviliscell—(Hear, hear.) What were the facts so
far as they were undeniecl, and related not to the peti-
tioner but to the deceased lady? That a female, a
foreigner, in bad health, was arrested in a barbarous
manner at night, and dragged to a prison on a charge
of obtaining money under false pretences—a charge
which turned out to be totally false, for the magistrates
entirely acquitted her.—(Hear.) irhat falte pretences
could there have been? The lady had represented that
she proposed to write a work. Well, she had written
one already, and was no doubt about to write
another, and the money was received as subscriptions for
it, acd the subscribers would have received the book
when published—what false pretence was there in this
representation?—(Hear, hear.) How could any person
who had subscribed his money upon this representation,
pretend that he had been defrauded of it under false
pretences?—(Hear, hear.) As to the lady's title of
baroness—if their Lordships were to decide whether ell
the barons or baronesses were entitled to bear such rank,
many persons might have to relinquish them.—(Hear.)
Bat:really this had nothing whatever to do with the
question.—(Hear.) Here was a poor lady in ill health,
dragged out of the house at the dead of night, on such
a false accusation as this, locked up in prison all night,
and then dragged before a police-court—until, under
excitement, she sank down dead!—(Hear.) Surely no
person of any human feeling could hoar these plain facts
without seneations of horror.—(Hear.) It was shocking
to see that such things as these could happen in a coun-
try such as thise--which boasted its equal justice and its
fair lawe.—(Hcar.) And then, when the persen who
had gone down to prosecute this poor helpless woman—
the real reason being some offence given to certain of
her countrymen in her former publication—(Hear)--
when this lawyer who pmecuted made the demend, the
magistrates—while her corpse was lying before them—
made an order for delivery of the papers to the prose-
cuters—(Heer)—to obtain which was possibly the main
motive of the prosecution.—(llear, hear.) It was a very
good tl:ing that such a monstrous case should have been
brought forward to be stigmatised as it deserved.—
(Hear. hear.) And he hoped an inquiry would be
instituted into the conduct o. the magistrates who had
acted or allowed others to act with such illegality and
inhumanity.—(Hear.)
The LORD CHANCELLOR said, if the party cam-
pleining had applied to the Noble and Learned- -Lord
who had occupied his office at the time, the magistrate
would have been called on for an explanation, and if his
conduct were considered culpable, he must have been
visited with a sapersedas, having first, however, been
fairly heard in his defence.— (Hear, he'ar.) The proper
authority, the Chancellor, did not appear to hive been
appealed te.—(Hear, hear.) This was to be lamented,
for, in common with all who had heard of the
case, he had been very much shocked at it.—(Cries of
" Hear, hear.") He could not conceive it was true, it
wac so shot...Eng.-01(2er, hear:)-- The question was,how
far the proceedings were culpable. The petition im-
peached alt -parties- concerned—the councel, the magis-
trate, the officers, the prosecutors. An action, however,
was actually pending on the part of the petitioner.
Their Lordships could not at present proceed with tsbe
inquiry prayed for.—(Hear, hear.) On the face of the
matter undoubtedly there had been unjustifiable pro-
ceeding.—(Hear, hear.) Even if the poor lady had to
some way acted improperly, it was impossible to vindi-
cate the course which had been adopted.—(Hear, hear.)
The practical question war, who was the party respon-
sible and vplpable? Probably, not the magistrate, who
perhaps acted on information given on oath—some per-
son swearing positively to the ledy's guilt.—(Hear,
hear.) Unquestionably a magistrate ought not to grant
a warrant without great consideration—(Hear, hear)
end the magistrate ought to take care not to be imposed
upon—(Hear, ,hear)—especially ought he to be cau-
tious how he allowed a warrant to be exe-
cuted at , night—(Hear, hear)—as in this in-
stance, in which (though the magistrate might not be
responsible for the manner of executing the warrant)
the poor lady had been dragged from the very hearth-
stone of a friend. He could not say that the case was
not one which should have been brought before their
Lordships, who were bound to protect the loweat of
their fellow-subjects from the undue exercise of magis-
terial authority; at the same time, it meet be borne in
mind that there was an action pending, and it would not
be proper to prejudice its issue by any investigation in
that House.—(Hear, hear.)
The Earl of CARLISLE concurred in the feeling of
Satisfaction that the case should have been brought for-
ward.—(Hear, hour.) And he could not avoid ex-
pressing his indignation that such a case should have
occurred.—(Hear, hear.) The remark of the Noble and
Learned L ,rd, that an action was pending, applied only
to the petitioner, and not to the poor lady whose life
had been sacrificed, and who was now beyond the reach
of human violence and inhumanity.—(Hear, hear.) As
a female, as a foreigner, as an invalid, and as a guest,she had been treated with brutality and injustice—
(Hear, hear)—aud not only with brutality as a female,
but with treachery as a guest.—(gear, hear.) Ho could
not help alluding to the conduct of the magistrate in
ordering to be delivered up to the prosecutors on a
charge dismissed as untenable the' papers of one of the
parties accused, who was actually dead.—(Hear, hear.)
The poor woman, one of the parties, having expired be-
fore the case was heard, so that against her of course no
charge could have been substantiated; and the other--
the petitioner—having been acquitted.—(Hear, hear.)
He could not but say—without going further into the
case—that (with respect to the retention of the papers
particularly) the ordinary course of justice had been
culpably departed from.—(Hear.)
The Duke of NORTHUMBERLAND said he was
sure all of their Lerdships had felt shocked at the case,
but he submitted that the fact of a suit being pending
should prevent its being at present inquired into or dis-
cussed.

The Earl of ELLESMERE said he felt indebted to
the Nob!? Baron who hod brough this case before their
Lordships.—(Near, hear.) Ho felt not only pity for the
fate of the poor lady who had lest her life, but commiso
ration for the simplicity of the magistrates who had al-
lowed themselves to be made dupes and instruments for
the perversion and prostitution of our law to the purposes
of private malice.—(Hoar, hear.) That was the real
history of this case.—(Hear, hear.) Suppose the
Foreign Secretary hod allowed a British subject in
Austria or Tuscany to be treated as thin poor lady had
been, he would have been baited with glaciations, and
vestry agitators would have lived upon him for a week.
—(`ear, rend a lough.) The unhappy lady had been
accused of assuming a title she was not exactly entitled
to; but, if the pretensions of all parties who assumed
titles were examined into, many would not be safe.—
(Hear, hear.) There had been an itinerant orator pro-
fessing to be " Governor of Hungary," whereas some
alleged that he had voluntarily abdicated that office, and
had no right to the title, either in fact or right.—(Hear.)
If that person had been arrested at night, and dragged to
a prison and kept in confinement until the morning, and
then brought before a Tory magistrate, what an outcry
would have been excited. Yet what was done in the
present ease was worse than this,—(Hear, hear.) He
would not enter further into the subject, in deference to
the appeal of his Noble and Learned Friend the. Lord
Chancellor—not with much respect for the opinion of the
Noble Marquis- the Lord Privy. Seal, who really seemed
to think there was nothing irregular in the MI;
Lord BEAUMONT begged to say, with reference to
the observations of the Noble Marquis, that all the de-
positions were incorporated into the petition; all the pro-
ceedings before the magistrate's at the hearing of the
case when they dismissed the charge, so that their Lord-
ships had all the materials necessary to form a fair judg-
ment on the case. The matter, indeed, had been decided
by the magistrates, who had acquitted and discharged
the petitioner. As respected the petitioner, he did not
desire their Lordships at present to interpose, an action
be'
a:ndiehdpaending; but as to the poor lady who was dead,
been so ill treated, what remedy could be had
at ii,v?..:._
(Hear, hear.) If, as the Lord Privy Seal
Leutle.,a_to think, all this was only the regular course of
eenerr;
alor
its
such law was altered the better for the
its character.—(Hear, hear.)
Lora en,
MPBELL said such cases ought not to be
prejudged, ea
the conduct 13,644 while an action was pending. If
inforrnatienl could magistrate had been culpable a crimi-
nalouild be obtained against him, and then
he would be heard
i 34 his defence.
The Earl of
OUGHMORE was understood to
say he thought the ease
a serious one, and deserved
inquiry.
The Marquis of SA.LISBURY explained that he did
not dispute thia, but 0 1
4 Y that at present it was impossi-
ble to pronounce upon the
Marquis of et,
Azduct of the magistrate.
The CARDE said that their
Lordships were indebted to
Similar case h
.the Noble Baron who had
brought the subject before thens.—(Hear, hear.) Now
he hoped that if any
the
ou ever occur, it
Id '
would be brought for Ward in
same way.—(Hear.)
It appeared fallacious to :ay•
medy available to the patt,es,throl tahnere w.as a legal re-
action could not
afford reparation to the poor lady; and as . . .
to a criminal
information, who was to run the rick of setting the la
in motion? The very fact, however, that the LordC. Chief
pointed out that course of a criminal infor-
mation,ilJustice had
to prevent a recurrence of EU h
proved how serious the ease Ne- .
as What provi-
sion had been made
cases? The matter took place in August last, and since
that time it did not appear that the authorities had
acted. Wes the case to be passed over without any at-
tempt to apply a remedy or to afford redress?—(Hear,
hear.) Surely the magistrates must have
seen it
was only a case for a summons.--(hear, hear.)
And though the magistrates might not be responsible
for the manner of executing the warrant, they were re,
sponsible for the character of the officers whom they