The Sun.
London, England, 1852-01-09 00:00:00

placidity, and cast the foundations of a new civilization."
Yet, this is the soldier and the statesman, the con-
queror and the administrator, who has been pursued
with so much virulent and implacable hostility by men
jealous of his power and inimical to his policy, men
who trembled to see the trenchant sword of
the Captain severing in all directions the
gordian knots of their entangled system of govern-
ment! This was the General and the Legislator
who had the ground he stood upon undermined by
intrigues and crammed with all kinds of diabolical
slanders and misrepresentations, ready at each instant
to explode at the very time when he was serving the
cause of the Directors at the hazard of his own life,
and in defiance of innumerable difficulties consoli-
dating the Sindian Administration Let the impor-
tant remarks we have above quoted and italicised be
cherished in the popular recollection as the surest
antidote to the misrepresentations of the antagonists
of Sir CHARLES NAPIER. Let them especially and
above all be remembered when the very different
treatment of OUTRAM is considered. It will then be
perceived how little justice is regarded by those
maligners of the really meritorious and ap-
plauders of the really culpable. In further
illustration of the atrocity of these under-
hand proceedings against Sir CHARLES NAPIER
by men whom his very successes seem to have trans-
formed into his antagonists, it should by no means be
forgotten, for example, that whereas the administra-
tion of the Conqueror of Sinde produced a surplus re-
venue to the general treasury, the last war in Kafir-
land cost England no less than 3,000,0001. sterling ;
while the contrast of Sir CHARLES NAPIER'S conduct
towards one race, and that pursued in a sort of blun-
dering imitation by Sir HARRY SMITE( towards ano-
ther, presents to us a spectacle still more remark-
able ! In Sinde it is well known, that after winning
over the old warriors by his magnanimity, Sir
CHARLES NAPIBR gave them arms and accoutrements,
and on subsequently conducting them against the
common enemy, found them to be loyal in
their adherence to their British allies, and
valorous on the field against their anta-
gonists. At the Cape Sir HARRY SMITH,
to all appearance resolved upon a travesty of the
foregoing policy, irritated the Kafirs upon every
available opportunity, and having thus thoroughly
infuriated them at heart against himself, and the
cause of which he was the official representative,
armed some of them in like manner, giving them
horses and clothing, as well as accoutrements, and then
pitting them against their friends, afforded them the
occasion of which they, of course, availed themselves,
of deserting in a body, going over to the enemies of
English rule, horses, arms, clothing, accoutrements,
and all ! With such glaring truths before them, the
public cannot be any longer deceived in regard to
the respective merits of men thus differently treated
by the authorities of Government.

We have seldom, if ever, complained of a jury for
giving a prisoner on trial for any offence, more espe-
cially for one of an aggravated character, the benefit
of any reasonable doubt. Justice should ever be
tempered with mercy, and if there be any redeeming
feature or mitigating circumstance in a case, it should
be construed in the manner most favourable to the
accused. We recognise to the fullest extent the humane
maxim of the British law, that it is "better that ninety-
nine guilty persons should escape with impunity than
that one innocent man should suffer unmerited punish-
ment." It is not our intention to depart from our
usual custom on the present occasion, or to censure
the jury, who took a most merciful view of the trans-
action in which THOMAS BARE, who was yesterday
tried at the Central Criminal Court for the murder
of his wife, Louise BARE, in North-street, Maryle-
bone, on the Bth November last, was implicated. The
case was most fairly and dispassionately placed before
the jury by the Learned Counsel for the prosecution,
who manifested none of that unseemly zeal for a con-
viction, none of that anxiety to obtain a fo-
rensic triumph at the expense of the pri-
soner, which is unfortunately but too fre-
quently exhibited under the present "chance"
system of prosecution. Mr. BODKIN discharged his
arduous and painful duty well and efficiently. The
attainment of truth was palpably his sole object. For
that purpose he brought forward every circumstance
that could assist the jury in arriving at a correct con-
clusion ; and he put forward no arguments that
could prejudice or inflame the minds of the jury, or
unduly influence the decision, on which the future
fate of the unhappy criminal in the dock depended.
We should gladly see the laudable example thus
afforded by ➢lr. BODKIN universally followed by those
members of the profession who may be entrusted with
equally responsible duties
There could be no possible doubt that it was by
the prisoner's hand. that the deceased was deprived of
life—that be had destroyed the woman whom he
had in the most solemn manner vowed to love and
cherish. The Learned Counsel for the defence did
not venture to deny that incontrovertible fact. The
only question for the consideration of the jury was
the animus of the prisoner—whether ,he had wilfully,
deliberately, and with malice aforethought, sought
after the deceased with the object of inflicting the
injuries which terminated in her melancholy death ;
or whether he merely went for the purpose of re-
claiming his property, of which she had possession,
and that the fatal conflict arose from the sudden
excitement of the moment. The deadly weapon
resorted to by the prisoner, which had very recently
bee❑ purchased by him, and the point subsequently
sharpened, as well as the nature of the wounds
inflicted, strongly supported the more serious view of
the case. What might be manslaughter under other
circumstances, would unquestionably become wilful
and deliberate murder if the party had made use of an
instrument such as that produced on the trial, which
had been in his possession -without any sufficient
excuse. Now there was no suggestion that " a file"
was required in the prisoner's trade, and even if such
were the case, why should its point have been ground ?
On the other side, it must not
_be forgotten that
the identification of the prisoner, who had
recently purchased an instrument of a simi-
lar description was by no means satisfactory—
neither of the witnesses on this portion of the case
could speak with any degree of certainty. They
both believed that he was the man, but would not
speak positively. Such testimony could not,
therefore, safely be received, more particularly when
we recollect that the prisoner, immediately cn being
taken into custody, while he admitted his guilt—Ex-
pressing a desire that "he was going to be hanged
that moment," and declaring that "he should
neither employ counsel nor judge, but should plead
guilty—"also asserted that his wife had taken
" a chisel, or something of that sort, to
strike him with, and that he had dragged it from her
and gave her the contents." When searched, too, he
said, "it was too late then, but if he had known he
would have provided himself with something, and
then he should have saved the witness (Mr. Jacasoe)
and everybody else trouble." The meaning of this
could only have been that if he could have antici-
pated the fatal termination, he would have provided
himself with the means of committing suicide, and
this view of the case would go far to show the
absence of premeditation, at least to the full extent of
the crime•
Several of the 'witnesses deposed to words spoken
by the prisoner which indicated a revengeful feeling
aoduttue
on his part, and it wns also shown that he was
exceedingly jealous of his unfortunate victim, although
ffirtecident,Ll3Ct
wheitleh abueseo;nlybut, on the other hand,
wanted the boxes, and
the landlord of the house declared his opinion that, if
permitted, the pri• oner would have broken open the
door of the deceas4 it's room, taken the boxes, and gone
away. _ .

On the whole, then, although we might not our-
selves have conctured in the decision at which the
jury ultimately arrived, we yet will not impeach
the verdict which they, in the conscien-
tious discharge of their important duty,
arrived at. The case was one, in some respects,
approaching the Une of demarcation between murder
and the most aggi avated descripeon of manslaughter.
The jury took Ihe merciful vie w. The
life of the
wretched prisoner: will be spared, but it must be
spent in a state .)f slavery, and in perpetual banish-
ment from his native land, a state which many may
consider even w or, le than death itself.

BANIT, JAN. 6. —The Barbara, from Sunderland, sunk in
the outer harbour of Portnoy on the 4th January during a
heavy gale; her cargo i 5 being landed.