The Sun.
London, England, 1864-01-12 00:00:00

, and confidence in the arrangements, and Dr. Fea-
therstone, the peace man par excellence of that day,
(From the Times Correspondent.) .- _ the superintendent of the province of Wellington,
MELBOMINE, Nov. 20, 1863. one of the most able and honest men in the colony,
The Maories have effected their retreat from by whose influence with the Nga-li-awa the peace
o
Mere-Mere apparently without the loss of a man. of the South was maintained during the Taranaki
They escaped by " the back door," as they had done
war, also expressed his confidence in the new Mini-
on other occasions, and all the General's precau-
Btu. These sentiments are generally echoed by
tions to prevent this have proved abortive, no doubt the press.
The policy of the Ministry was enunciated by Mr.
to his great mortification ; bur, as it appears to me,
Fox on the 3d inst. When he took office in 1861,
owing to a circumstance—the peculiar condition of
though opposed to the war, and believing it originated
the river, which no one could have anticipated or
in an unjust dealing with the land sold by Taira,
provided against. For some time past the General,
but to which Kingi had substantial claims, he stated
while concentrating all his disposable forces before
that if peaceable methods proved unsuccessful, if
the great stronghold of the natives at Mere-Mere,
was understood to be waiting for the completion of the natives, rejecting the overtures which should be
the repairs to the new iron steam gunboat lately made to them, were determined to continue their
armed resistance, he should be found as firm to
built at Sydney, and since called the Pioneer.
Towards:the end of October, after a short delay by strike as he was then disposed to conciliate. Now
rough weather, she steamed out of Manukau, and he seems to be convinced that to strike is the only
course left to the Government. The suppression of
entered the Waikato Heeds, ascending the river,
this rebellion is now announced to be the primary
and taking her position in front. This was effected
nut without some fire from the natives, and the few object to which everything else must yield and
guns in their possession were worked in such a way minister. As a natural consequence of rebellion
comes punishment, in the shape of confiscation of
as to generate the suspicion that they were directed
land in Waikato and at Taranaki. Indeed, this was
or that the Maories had been instructed by Euro-
in a measure the foregone conclusion, for Mr. Ball,
peens. Knowing the aptitude of the Maories as I
do, I do not think the mere fact of their skill with a member of the late Ministry, when here with Col.
Pitt to raise the volunteer corps for service in New
great guns warrants the suspicion that they are
aided by Pakehas, They have had plenty of oppor-
Z ealand, plainly told those who enlisted that the
tunity, any time these 20 years ,of observing the lands wherewith to reward them were to be ac-
firing of battery guns in Auckland ; and, having quired by conquest from the Waikatos. Military
settlements are to be established in the conquered
obtained a few guns, they would soon learn to re-
and confiscated lands throughout the Waikato dis-
dues their observation of birthday saluting to ball
triets, and from New Plymouth to Wanganui. For
practice. It is said in one of the accounts that they
also fired a rocket with precision, and the only sur- this purpose the Ministry proposes a new levy of
5,000 men in Australia, and, " if possible," no less
prise I feel is as to where they obtained the round
than 15,000 in Great Britain and Ireland. This
shot and where the rocket. However, neither
I will, of course, be a work of time. The sale of land
round shot nor rocket made any impression on the' is to afford the means of paying whatever loans may
ironclad Pioneer. Now, as to the operations. i
be contracted, in order to carry out this scheme.
About 18 or 20 miles higher up the Waikato than !
Roads are to be steadily pushed forward through
Mere-Mere is another native position called Rangie
the Waikato country. The outbreak is to be treated
riri (literally, angry heavens or angry sky). As our
as a "rebellion," and anything in the nature of
troops and gunboats had the entire command of the
belligerent rights is denied to the natives. Indeed,
river, and also of the lower part of the small stream
already a bill has been introduced to establish mar-
Marama-run, which flows into the Waikato below
tial law in Waikato, 3lr.Fox, a barrister, being seem-
Mere-Mere, it was anticipated that the natives
would rely on this way of retreat, as a native path, ingly well aware that the proclamation of martial
and perhaps more than one, leads from Mere-Mere, law, as in 1861, is absolutely illegal. This measure is
to Rangiriri the more es eciall as the swam based upon an Irish statute. When peace is restored
, py py
by force of arms it is to be secured by making the
ground in the rear (east) of Mere Mere was believed
n
to be impracticable evtn to Maories. Accordingly,atives give up their arms. In short, the Waikatos
have made conquests a stern necessity to the Go-
on Saturday, the 31st of October, the Pioneer, with
vernment. The issue raised by them is, "Which
600 troops on board, was ordered up the river about
shall be master 9''
nine miles higher than More Mere, where the troops
fhere is one question which is often put, and
were to land, and prevent the possibility of retreat
which is not easy to answer—Will this war be con-
in that direction. The natives must have perceived
fined to Waikato and Taranaki ? I have very little
and appreciated the effect of this movement, for on
doubt that if the Waikatos, acting more promptly
Sunday morning, before daylight, they made a fierce
than they have done when our force in New Zealand
attack on the troops before they were well in posi-
was scanty, had achieved a marked success against
tion. Firing continued to be exchanged for about
the troops a great number of the "friendly natives"
two hours, but with very little result, except that
would have joined in the war. The prestige in favour
the Maories were driven off, and retired upon Mere
of the savage against the soldier would have been
Mere, while the troops retained their position, and
thus all hope of a successful retreat upon Rangiriri contagious, and hostility to the Pakeha might have
developed itself throughout the northern island.
was taken from the natives. The troops thus landed
But latterly, even in bush fighting:, the success of
from the Pioneer were to face the north and advance
the flying column and of parties of troops in several
towards Mere Mere on the Sunday, so as to be ready
encounters with larger parties of natives has turned
to join in the assault on the Manday morning. The
the prestige the other way. Some of the natives in
plan of attack was admirable. How was it defeated?
the south entertained for a while considerable alarm
How was it that, after so much preparation, a door
for escape was left open to the aeries the Pakehas should attack them. A few months
,of which they lest
M
ago the Nga-li-awa of the Wasrarape Valley, near
so effectually availed themselves as to get clear off
Wellington, had a meeting to consider what course
without, so far as have yet learnt, the loss of a
they should adopt. This meeting originated in the
man ? The swampy ground north, north-east, and
alarm I have mentioned. They observed that the
east of Mere Mere was considered impracticable,
settlers were enrolling as militia or volunteers, and
and so, perhaps, it was under ordinary circum-
they could not avoid a suspicion that the first blow
stances ; but the extraordinary event which seems
might be struck by the Europeans. Very wisely,
to have baffled calculation was the swollen state of
one or two of the leading settlers—Mr. Revans and
the rivers and swamps, which made the latter prat- Mr. Smith, in whom the natives have confidence—
ticable for canoes. I am loth even to suggest that
attended the meeting, and explained that the arming
this was a blot in the General's tactics, which the
and drilling was not for attack of any kind, but fur
natives hit, and I have no doubt that when his
defence in case of any hostile invasion by hostile
further despatches are published we shall learn why
natives from other parts. Moue!. assurances of
that contingency—namely, the fl ioding of swampy
support to preserve peace ensued, and I am assured
ground—was not anticipated and provided against.
that in that district alaori and Pakeha no longer
One account states that the natives "escaped across
look suspiciously on each other. The same
the swamps in 18 canoes, that they were seen and
line of policy was also pursued by Dr. Feather-
watched, but that the distance was too great to fol-
stone, the superintendent, at some meetings at
low." I fancy, however, that it was the nature of
Olaki, with the same happy result. The INga-poi
the country and the want of shallow boats capable
, north of Auckland, who are numerous and intel-
of taking the swamp which proved the source of
ligent, have oa several occasions expressed their
safety to the natives and disappointment to the
satisfaction with the Government. They are the
troops. The Naval Brigade took possession of Mere-
old enemies of the Waikato, and many of their chiefs
Mere with the three pieces of cannon, but not a
like Sir G. Grey personally. Whether they might
Maori was there. The place is of great importance,
not have been drawn into hostility if the Waikatos
and it is difficult to conceive how the natives can
had been successful is scarcely worth while to speeu-
hold any pert of the country between Mere-Mere
late about, but certainly their " friendly " character
and Rangiriri. Indeed, it is said they have sepa-
ie confirmed by the repeated successes of the troops
rated and gone eastward. Other accounts say they
in bush encounters. Thus the war is principally
have "dispersed all over the county." The truth
confined to the Waikato country, for even at Tara-
simply is they are gone, and no one can as yet guess
naki it is comparatively insigntficent, having only
where they will be next be discovered. The probe-
a certain degree of importance from its acting as a
bility is that we shall have a total change in the cha-
diversion in favour of the Waikato, by keeping a
racter of the war. Repeated and rapid attacks by
body of troops employed there. The Thames natives,
small parties of natives is the course in which they
too, are by no means unanimous in favour of Thomp-
have best succeeded. Taey must knew by this time
eon's party. Many natives there call themselves
that they never can hold a pah against our imple-
" friendly," and, although some of the newspapers
ments of warfare. It has always appeared to me
look up in their friendliness with a very natural sus-
that the natives over-estimated the value. of the guns
which they possessed, and that was the cause of picion, they may be deemed waiters on Providence,
their delusion as to the possibility of holding
who will not imperil their lands, if they think, as
Mere-Mere. The Pioneer undeceived them. The ; they are likely to do, that the troops mustprevail
sooner or later. Though the Maories who occupied :
. General's tactics must now be in some deeree
modified by those of the enemy. His "Flying arere-Mere have escaped without loss, the whole
length and breadth of Maoridom will understand
Column" and "Forest Ringers" will most
this as a sore defeat. Gen. Cameron has the perfeet
likely be augmented, and when we consider
command of the river, at least, as far as Rangiriri,
the native difficulty about their commissariat, and
and the possession of Mere-Mere makes the whole
the acquisition of skill in bush warfare by our troops,
country, as far as Rangiriri untenable to the Maories.
it scares impossible for the natives to sustain the
This latter place is so placed as to be liable to be
war for any length of time. They must suffer from
knocked about their ears from the river, so that in
the diseases incidental to scarcity and bad food to a '
all probability it will be abandoned on the very
far greater extent than from our weapons, and
first demonstration of the troops before it. How
therefore it is to be lamented that Mere• Mere wasEY, BART M P
To THE RIGH H Sue GEORGE G
long the natives will be able to hold out and HER MAJESTY'ST PRINCIPALON SECRETARYR OF STATE" . "
not captured after some resistance with such marked
continue to harass the troops without any deci- THE HOME DEPARTMENT, &C. nit
superiority on our side as to reduce them to sub- continue
engagement it would bo rash to say, "They I Sir,—We the undersigned justices of the peace for the
mission. have achieved their eighteenth murder," says a county and borough of Derby, and medical men of Derby,
If the troops and volunteers had taken the pah
private letter, " and must be hunted like wild who signed and forwarded to you two certificates as to the
by assault, the officers in command would have had
beasts." You will see from the very terms of iDnescanemitteorf GlaesotrgehNa'vicitno; Townley, dated the 27th and 29th
great difficulty in compelling the men to give mach g had oar' attention called
the Ministerial policy that continued war is
quarter. The appalling list of murders in a single memorial, signed by certain "magistrates of the. countyto ofa
adopted by the Government and forced upon the Derby " dated the sth inst., beg to solicit your considera-
month is enough to create great irritation in the
natives, for they can scarcely desire peace in the tion of the following facts.
breasts of the Europeans. Here is the list :—On
terms of confiscation. It should seem that nothing Upon the trial of the prisoner, Mr. H. F. Gisborno and
October 14 a settler named Humlin was shot, and a 1 Mr. J. H. Sims, the surgeon and governor of the gaol in
is left to the natives but despair and vengeance,
boy named Wallis, who was with him, was wounded; wh.ich theb p.rigso.nneranweaastctobnafitned,iddeposed to the fact of the
while to the settlers the natives have made absolute '
en the 15th Mr. Jackson and a lad named Sather- ~ on the 11th of
conquest a necessity and an instinct.
land were attacked while at work fencing—the ll)ecember, and the Rev. H. Moore (chaplain of the gaol)
T
but not killed here has been a good deal of skirmishing, made a written report of the prisoner's insanity in his
, ;
man shot and the lad tomahawked
which the troops and volunteers are rapidly
on the 16th John Fahey, a pensioner, and his wife in be . Minute-book, for the inspection of the visiting justices earlyin the month of December, and we have been credibly in-
coming accustomed to bush fighting, and in some
were attacked ; the man was severely wounded in
his head with tomahawks, and the woman killed ;on instances the Europeans have prevailed against formed and believed that, notwithstanding such evidence of
the surgeon and governor and report of the chaplain, none
numbers. One of these encounters deserves notice.
the 24th two lads named Trust, while escaping from of the visiting justices or county magistrates, exceptinc,
On Saturday, the 17th of October, some firing being ourselves, have visited the prisoner or taken an action'
a house attacked by the natives, were shot; on No-
heard at Mauku, a party of 50 volunteers, under whatever upon such evidence or report. y
vember 2 a settler named Droomould was toma-
hawked. I have omitted soldiers from thislist, which Lieut. Lusk, started for that place. They came We beg further to state that we entered upon the inquiry
within sight of the natives ; and Lieutenant Lusk, as to the prisoner's mental condition from a mere sense of
must show that to treat these savages as wild beasts
will soon become an instinct with the troops and : thinking his party small, sent to the stockade for duty, and we took considerable pains to ascertain the true
volunteers. It was just the same at Taranaki, even more. Twelve men, under Lieut. Percival, left the state of his mind. On the one. hand, we believe our certifi-
to be perfectly true, while, on the other, we are assured
stockade, but seem to have missed their way, for
children of very tender years were not safe from ethataetanone of the county magistrates who hay© signed the
they came upon a large body of natives, and with- memorial of the sth inst. have any personal knowledge of
their tomahawks. The settlers call it murder, but
stood an encounter for about half an hour, but, the subject matter of our certificates. Neither the prisoner's
it is not murder, nor can it be dealt with as mar-
finding themselves so greatly outnumbered, they adviser nor any of his friends were present at our examina-
der. It is the native mode of warfare. They have
no fine-drawn distinctions between military and succeeded in retiring and joining the main body. dons, and they have in no way influenced our judgment, or
The whole body of between 60 and 70 men then v
attempted tlodoo.—olxlre have, &c.,
Th
non-military, and these savage butcheries can now c, J.P. for the Borough of Derby.
marched towards where the natives were firing at J. B. TO MAN, J.P. for the Borough of
only be checked by the most severe and exemplary
random, when they were completely surrounded Derby.
punishment. I am, indeee., inclined to view these Tnos. 110 E, Mayor of the Borough of Derby,
and fired on in all directions. The men behaved
savage Hearne GOODE, M.B. and M.R.e.s,
slaughters as designed by the natives as a
with great steadiness and gallantry, and the native
deadly challenge,
loss was considerable ; but, of course, the volunteers THOMAS HARWOOD, Surgeon &e., and Medi-
cal Officer to the Derby Union,
has taken p A change of Ministrlace in New Jan. S.
y could not prevail against such odds. Lieut. Per-
Z ialand, which, according to all accounts —i. e,,
ceval was shot, and six or seven were wounded, of
judging from certain speeches in the House of Re-
whom twa have since died. Poor Perceval behaved
presentatives and from the tone of the principal
with great coolness and gallantry. He was well
newspapers north and south —promises a very
known in this colony, and was, it is meld, a grand-
vigorous prosecution of the war.son of Mr. Perceval who was shot by Bellingham.
coalition between the War and Peacelt is, in fact,
parties of a
of _ . _...e i ___.
1861, the latter being now convinced, as indeed
ROYAL FREE HOSPITAL, GRAY'S INN-ROAD.—
every one must be, that the vigorous prosecution
and successful conclusion of this •
war is the calk number of patients relieved at this '
hospital during the
week ending Jan. 9 was
The
2,472, of which 715 were new cases.
eecuriy for future peace. The Domett Ministry is [Anven-rtseerENT.l—liolloway's Ointment,—Painless
said to have fallen to pieces by internal differences. Cures.—Sores,wounds, ulcerations, and other diseases affect-
Mr. Fox, the ieadcr of the party which adhered to inn the skin are amendable by this cooling, healing unguent.
peace in 1861, and which thought that war unjust, It has called forth the loudest praises rom on
was sent for, and he united with Mr. Whitaker, the had suffered for years from abscesses andchrpoenrisnswho
ulcers,thos
Attorney-Oenerel in Mr. Stafferd's war Ministry of after every hope of cure had passed away. None but
who have experienced the soothing effect of this Ointment
that day. Mr. Whitaker is Attorney-General and
can form an ideaofthe comfort it bestows by restraining
Premier, with a seat in the Legislative Council, and :
v
easiestown worthand
safest
a nci
Mr. Fox is Colonial Secretary and leader is the has
remedy useda lliatyibnags peastinab.lislbVehden.etver this Ointment
liou of R:presentatives. When the formation of has again been eagerly sought for as thes
remedy fat all ulcerous complaints. In neuralgic, rheuina-
the Ministry was annouuced Mr. Stafford, the war tism, and gout, the same application properly used gives
man of 1861, expressed big entire setVection with wonderful relief.

THE NEW' ZEALAND WAR,

To THE RIGHT HON. SIR G. GREY, BART., M.P., SEC-
RETARY OF STATE FOR THE HOME DEPARTMENT.
The following is a copy of a letter addressed to
Sir George Grey by Mr. Cox, the magistrate of the
county of Derby, who signed the certificate of insa-
nity in the case of George Victor Townley :
Derby, Jan. 8.
Sir,—l beg to enclose you a letter signed by two borough
magistrates and two medical men of Derby, and myself.
Mr. Scott, the other county magistrate who signed the
certificate of the 29th of December last., and who was to
have eigned the enclosed letter, has suddenly been called to
Scotland for the purpose of attending his sister's funeral.-
-I have the honour to be, Sir, your obedient servant,
W. T. Cox,
J.P. for the County and Borough of Derby.

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1405.—Barry 1)u Barry and Co., No. 77, Regent-street, London;
I also Fortnum and Mason ; and all Grocers and ChelslP4's
.
,
every town of the United Kingdom.

Ihim, walked into his counting house lately, and saying he
understood he (witness) was femme for the mirrors he
Yesterday afternoon, at the Justice-room of the Mansion- supplied for the entertainment of " The Ghost," ordered
house, Alderman Waterlow was for some time engaged in one for £l6, and asked at the same time for a loan of £2,
investigating the circumstances connected with an extraor- which witness was to add to the bill. During the conver-
dinary charge of swindling preferred against Henry Horace salient the prisoner took witness's umbrella from a stand
Linguarde, described as an actor, and as residing at Butler- and began twirling it about. Witness asked to be excused
street-buildings, East Smithfield, who had been remanded for a moment and went out, saying a gentleman wished to
Whitehall, Jan. S. from the previous Monday. speak with him. On his return to the counting-house the
Sir,—l am directed by Secretary Sir George Grey to The case excited considerable interest, and the court was prisoner was gone, taking the umbrella with him, and
acknowledge the receipt of your letter of the 7th inst., trans- crowded during the examination, witness had not seen him since until now.
mitting a letter addressed to him by the magistrates of the To render the proceedings of yesterday intelligible it is This being the case against the prisoner, he received the
county of Derby, whose signatures are attached to it. 1 necessary shortly to recapitulate the evidence given on the usual caution from the Bench as to anything he might say,
1 !Sir George Grey has read that letter with the attention to first examination:of the prisoner before the Lord Mayor. It upon which he said
that at every place where he gave an
which both the importance of the subject it refers to, and was then proved that on Saturday week the prisoner, alight- order it was on the distinct understanding that he was to
the persons from whom it proceeds, justly entitle it. ing from a carriage, entered the shop of Mr. Thos. Mills, a
forward the money either by cheque or by Post-office order,
In order to place the magistrates in full possession of clothier in Aldgate, where he was an entire stranger, and on the receipt of which the goods were to be sent to him.
the proceedings which have taken place with reference to selected clothes to the amount of £2l 175., for which sum Alderman Waterlow—But you took Mr. Medwin's goods
the case of George Victor 'Townley, a copy of the corres- he wrote on a sheet of note paper a check on the Provident away with you and had a bill and receipt, having given a
pondence between this office and the Lunacy Commis- Savings bank in St. Martin's-place, Trafalgar-square. worthless cheque for them.
sioners, together with two certificates of Townley's insanity From among the clothes he bought ho selected a full suit, The prisoner said the boots fitted him very well, and it
received by the Secretary of State, and of the order for the
1, will be which he put on at once, including an overcoat. Ho then was arranged that he was to have more. He confessed it
removal of the prisoner to Bethlem B.ospital under the pro- went to the hosiery department, and selected goods to the was an error to give the cheque, but he should have sent
visions of the statute 3 and 4 Viet., cap 54, sec. amount of £5B 145., which he directed to be sent to No. 4, the money on receiving the rest
ho of
owedthe goods. He
wcould
transmitted to you as sock as it can be prepared. Ovington-square, Brompton. He complained of being pay every penny of the moneyThereno
The magistrates will learn from this correspondence that thirsty, upon which the attendant, Joseph Millhouse, gave intention on his part to swindle anyone, or to do anything
it was in consequence of informatien conveyed to the Secre-
him some wine and a cigar. He then asked if ho could dine dishonest. When he was apprehended he gave a correct
tarof State by •the learned judge before whom the prisoner in the neighbourhood, and the shopman mentioned the name address and the names of two respectable persous for pur-
e
of a house a few doors off. The shopman, whom he invited poses of reference. A swindler would net have done that ;
was tried, that, in his opinion, a further inquiry as to the
sanity of the prisoner was necessary, that the Lunacy Com-
to dine, accompanied him there. After dinner the prisoner and, by the way, when the proper time arrived ho should
missioners were requested by the Secretary of State to
asked him to pay the bill, Ss. 7d., and place the amount to bring an action against the witness Millhouse for giving
undertake the inquiry. Sir George Grey feels that it was
his account, which the sh pman did, and they returned to- him into custody. He might add that an accident had oc-
gether to the shop. By this time a messenger who had been curred while he was performing " The Ghost," by the
impossible to refuse an inquiry so recommended by the
sent to get the check cashed had returned and reported breaking of a looking-glass which had cost him LW. That
judge, and he is not aware that, under the circumstances of
that the bank was closed for the day, and he had not got was all he had to say. ,
the case, he could have intrusted the inquiry to more able
the money, Upon that the prisoner said he had no money Alderman Waterlow was afraid the prisoner was too well
or responsible persons, or to persons likely to conduct it
with greater impartiality and freedom from any precon-
about him, but that if the shopman would ride with him known about town.
ceived opinion or doubtful theories. The Commissioners'
in his carriage to Ovington-square he would pay for i Prisoner (interrupting)—Not in the sense in which you
the clothes he had en and hand him a check upon think; but when misfortune befalls a man there are always
report is among the papers which will be sent you with the •
to run him down.
Messrs. Coutts for the balance, amounting to £69 people ready
least possible delay, but the Secretary of State was not 1
odd, The attendant went with him there accordingly, Alderman Waterlow said he had not the slightest hesita-
called upon to decide on that report alone whether the son-
-1 and the prisoner asked at the house No, 4 for some one by , tion in committing him for trial. The defence he had set
tence of the law ought to be executed or not, because at the
name. The reply was that no such person resided there,upon up was wholly ridiculous. He had obtained possession of
same time that he received it he received also a certificate,
which the prisoner, still attended by the shopman, drove to the goods of Mr. Mills and Mr. Medwin, and had given in
dated December 27, signed by three justices of the peace
and two for the borough of Derby) and
(one for the county i some livery stables near Russell-square, where he had hired payment checks which were utterly valueless, not to men-
, the carriage. Arrived there he was going away without , tion the poor cabmen whom he had defrauded. He stood
two medical men, stating, in the terms required by law,
that they had examined and inquired into the mental state ' paying for the use of it, when the proprietor presentedhim- committed to Newgate for trial.
of the prisoner, and certifying that he was insane. This , self, and, in the result, the prisoner, who had stated he had 1 Several cabmen stood forward to prefer charges against
' no money about him, left the undercoat he had shortly be- 1 the prisoner, but the circumstances were not investigated.
was followed by a certificate to the same effect, dated the
29th of December, and signed by two justices of the peace i fore selected at Mr. Mills's shop in pledge for 255., the hire One of them, on being told by Mr. Goodman that his remedy
of the carriage, the shopman Millhouse strongly remonstra- was in the County Court, said that he had never been able
for the county of Darby (one of them being the same who
ting, on the ground that the garment had not been paid for, to find the prisoner.
had signed the former certificate), and the same two medi-
and eventually giving the prisoner into custody. Alderman Waterlow said the applicant knew where to
cal men. Copies of these certificates are also among they
On that evidence the prisoner had been remanded, and find him now. (A laugh.)
papers which will be sent to you. Upon these certificates
yesterday Mr. Wontner, solicitor, of Bucklerebury, who at- The prisoner was then removed from the bar.
from four justices of the peace and two medical practi-I tended to conduct the prosecution, said it was necessary that --
tioners the prisoner, in accordance with the construction
he should state some circumstances in the prisoner's career.
which has been uniformly placed on the section of the Act
before mentioned, was ordered to be removed to Bethlem He had, in the first instance, given an address at the Goat
Inn, Farnham, but that statement was incorrect. He was
Hospital, the capital sentence being respited, but not tom- Last evening a public meeting of the ratepayers of the
certainly known at Farnham, and that to the cost of some of
muted. parish of St. Mary, Lambeth, was held at the Horns Tavern,
'the inhabitants, but the landlord of the Goat disclaimed his
The magistrates in their letter of the sth inst. say, withKennington-park, for the purpose of considering the serious
acquaintance altogether. In November last he was convic-
reference to the inquiry made by two magistrates, aided by defalcations which have recently been discovered in the case
led in 40s, and costs for riding to Aldershot by railway
two medical men, that that inquiry did not, like all previous of two of the collectors of the parish rates, and to devise
without a ticket, and refusing to pay the fare, and in default
inquiries of the same kind, originate with the gaol authori- of ament he was seat to the House of Correction for a means for the prevention of such occurrences in future. As
ties, but was promoted and conducted as a matter of proles- the matter had given rise to much commo ton p y ion in the parish
month. That ought to have had some effect in improving
sional business by Townley's legal adviser. Sir Geo. Grey the meeting was crowded by respectable ratepayers, who
his morals, but not so, as was shown by the fraud he had
had no previous information that this was the case,nor could evinced much interest in the proceedings.
since practised upon Mr. Mills on Saturday week. With
Mr. Webber having been voted to the chair,
he be in any way responsible for any irregularity—if irre- •
respect to his transactions with the livery-stable keeper,Mr
gularity there was—in the proceedings. No person other Mr. GILES then moved the following resolution :—" That
Hicks, he, in the first instance, wanted to buy a horse and
than a magistrate could be admitted to examine the prisonerdefalcations having occurred with two of the rate collector:,
carriage there, buts servant whom he saw declined, in the
of this parish to a very considerable extent, this meeting
or to inquire into his mental state without the sanction of
absence of his master, to undertake the sale, and the pri-
deem it of the highest importance for the protection of the
the visiting justices or of the Secretary of State; and as the
senor contented hinself with hiring a carriage for the day.
visiting justices must therefore have been aware of the pro- ratepayers that immediate steps be taken to ascertain and
He went to the shop of Mr. Medwin, in Regent-street,:and
seeding, and as no communication on the subject was re- inquire into the management of the collectors and the sys-
bought goods to the amount of £3 13s, which he took
ceived from them at the time, or has been received u tens of check adopted with the accounts, and that the Poor-
away in the carriage, paying for them with a sham cheque
to the present time by the Secretary of State, he could onlyp law Board be requested to institute an inquiry forthwith into
and thinking it beneath his dignity to take either the
presume that what was done was done with their knowledge the whole of the circumstances and report thereon." In
invoice or receipt, which was tendered him. Thence he
and sanction. So far, however, as it concerned the steps to support of the resolution Mr. Giles entered into a detail of
went to the shop of a tailor at the west end of the
be taken by the Secretary of State, in conformity with the the manner in which the business of the parish was con-
town, and, representing that he was about to be married,
ot
theof the
rates.
poor,
Then but who
th there
he
Navda nothing ot thhei ng
burialto d ob
board
dh
andth e
law, on the receipt of such a certificate, it was immaterial ducted. There was the board of guardians, who had the
selected a smart overcoat, tendering a similar check in
how the inquiry originated, provided the certificate was in
payment, which, however, was declined, and " my lord,"
accordance with the provisions of the statute. management
collection
taking umbrage, drove off in his carriage. He next pre-
There is one other passage in the letter from the manis• the vestry, with the churchwardens and overseers, the
senten himself at tie shop of Mr. Dent, the jeweller in the
latter having the management of the rates. The number
trates to which Sir George Grey thinks it right to refer.
Strand, and order& jewellery to the amount of £6O, for which
of assessments in the parish was 23,600, and the rateable
They say that the effect of the respite of Townley and of
he gave a check or the Provident Savings Bank, but that
his removal to a lunatic asylum "has been to cause much value £556,420, the amount assessed as poor rate being
was refused, and the prisoner took nothing by the transaction.
£93,000, and the total amount assessed for all purposes was
dissatisfaction, and to create a feeling, greatly to be
Since his arrest the result of inquiry at the Provident
lamented, that there is one law for the rich and another for £152,221, for the collection of which there were 12 collet •
Savings Bank in st. Martin's-place showed that in March,
the poor ; that justice has been turned aside by the power tors, and the cost of collection was £3,240, an average of
1860, the prisoner, who then described himself as an actor,
of money ; and that if Townley and his friends had been £270 to each collector. Under such circumstances, there-
and resided in Nicholas-square, Hackney, deposited £25 in
poor he would have been executed." The magistrates may fore, when there was such an amount of money to be dealt
the bank, but drew it out about ten days afterwards, and he
possess information as to the expenditure of money by with, the most rigid supervision should be exercised over
had never had any transactions with the bank since, though
Townley's friends of which the Secretary of State has no the collectors.
many of his sham checks had been from time to time pre-
knowledge ; nor is he aware of the manner iu which theented there to be scashed, Probably the Court would think Mr. MERCER having seconded the resolution,
it would be for the benefit of the public that this man's ca-magistrates believe such money to have been expended. Mr. STRATTON said he had the misfortune to appear before
But the most satisfactory proof which can be given that the them as one of their churchwardens, and he could assure
reer of fraud should be put an end to, and that the proper ;
course taken with regard to Townley is one which it re- them no one regretted the state of matters more than did
course would he to send him to the Old Bailey, where a jury
quired no expenditure of money to obtain, and which would would deal with him end his checks in an exemplary , the churchwardens. He admitted the system was bad, and
have been equally taken had Townley and his friends been manner, that more supervision was necessary, and in order in some
poor, is a reference to a similar case which occurred at the l\nlnr.erjames Down was called. He said—l am a tailor and degree to remedy the matter they had called in a profes-
Spring Assizes held at Newcastle.on-T vne in 1862, when a outfi ter in the Strand. On Saturday, Jan. 2, the prisoner
signal accountant, who was making a strict investigation of
•
man named Clark, himself a poor man, and with no friends the books. He was churchwarden in 1855, and they had
called on me about 12 o'clock in the day in a carriage, with
then a staff of arrear collectors, who, coming after the re-
who were not also poor, and in whose defence no counsel
a servant, and selected a light brown overcoat, the price of
gular collectors, operated as a check upon them, and it was
even was retained, was convicted of wilful murder and son- which was £2 ss, for which he offered to give a check. I
almost impossible for them to have cheated the parish, but
fenced to death. In that case, as in the case of 'Townley, said it was not usual with me to take checks from strangers,
the learned judge before whom Clark was tried, in report-Y' in 1856 the Poor Law auditors had refused to sanction those
but that if he would write a check I would get it cashed !
arrear collectors, and ever since they had little or any check
ing the case to the Secretary of State, expressed his opion and then send the coat to his address, or he could call again
that the verdict was right, but called the attention of the upon the collectors.
That he agreed to do, and wrote the check produced on the
Secretary of State to the evidence as to the unsound state of Provident Savings Bank. In less than hour he called again. After some further disc ission Mr. Buckton moved as an
mind of the prisoner at the time of the trial, as having, to I had presented the check in the meantime, and it was die-
amendment that the meeting abstain from expressing any
use his own words, ";so intensely important a bearing upon honoured. I told him it was an ungentlemanly transaction; opinion in respect of these defalcetions until the account-
the question whether he ought to be executed." In conse- my father, who was present, went further, and called him a i ant now examining the books gave in his report thereupon,
quence of this representation from the judge, an inquiry as Mr. GODFREY seconded the amendment, but the mover
swindler. The prisoner merely said something about "zit- '
to the insanity of the prisoner was directed by the Secretary of it having ascertained that the accountant who was in-
of State, and the result in that case, as in the present
other man in the Strand having taken his check," and then
, vestigating the books had been appointed by the church-
hisi wardens and overseers, and not by the Poor-law Board,
removal to a lunatic asylum. t was entered his carriage slid drove off. Ho had mentioned Mr.
withdrew the amendment, and the original resolution was
Sir George Grey trusts that this statement will tend to Dent, and I supposed it was he who had taken the check.,
of 86,
remove the impression which the magistrates say exists, Robert Verity, foreman to Mr. James Medwincouse
under similar circumstances, would not be adopted in trh Regent -street, bootmaker, deposed that on Saturday, the i carried amid much applause.
and which they appear to have shared, that a similar
2d of January, the prisoner called there in a phaeton, be- , Mr. PHELPS than moved that a memorial, founded on
the resolution ju-t adopted, be proposed and presented to
case of a poor man as in the case of one whose friends had e ' twee!). 12 and 1 o'clock, and said he wanted to be fitted with
I some boots. 'Witness showed him some, and he selected the Poor-law Board—such memorial to be signed by the
the power of expending money in his behalf.—l am, sir,
your obedient servant, four pairs of boots, ono pair of leggings, and a pair OF chairman on behalf of the meeting.
slippers, which came to £8 13a. He made out a bill and Mr. BATLEY having seconded the resolution, it was
H, WADDINGTON".
gave it receipted to the prisoner, who then wrote the check unanimously adopted, and the proceedings terminated with
produced for the amount on the Providence Savings-bank. a vote of thanks to the chairman.
ellai...••••• '!
On being asked for his address, he said, " Goat's Head Hotel,
Farnham." He took the goods away in the phaeton, leav- Frightful Accident at Woolwich Dockyard,
ling the bill and receipt on the counter. Later in the day -.* --
the check was returned to witness dishonoured. THREE MEN KILLED AND SEVERAL INJURED
John Level boning, clerk at the Provident Savings- i Yesterday afternoon considerable excitement prevailed in
i bank, St. Martin's-place, Trafalgar-square, said the pri- the town of Woolwich, in consequence of a fearful accident,
sonar had no account there, and that the directors of the which occurred at her Majesty's dockyard, causing the death
bank never paid by checks, Since March, 1.360, he had had of three workmen and severe injuries to several others em-
ployed at the establishment. It appears that the paddle
no money there at all.
? steam .vessel Spiteful, lying at the east side of the inner
Alderman Waterlew—What did you then know of him
• ,basin had been condemned as unfit for further service, and
Witness—He attended at the bank on the,l7th of March,
1860, and paid in £25, which he drew out on the 30th. Ho arrangements made for the removal of her boilers and ma-
had been there since in connection with another account chinery by means of the powerful crane and sheers on the
which was not in his name but n that of a minor. wharf, which is worked by hydraulic pressure. A conside-
Alderman Waterlow—Had ht any power to draw on any ' rable number of artisans and labourers from the steam fac-
tory department were employed on board the Spiteful to carry
Witness—No. out the required operations, and one of the boilers having
The prisoner said the minor referred to was his son, been attachel to the gear, was lifted from its position, and
Witness said money at the bank belonging to a minor , had just cleared the hold of the ship when at that time (a
could not be touched by a turd party, unless with the quarter to 3 o'clock) the tenth link from the cylinder of the
minor's consent indicated by a power of attorney• massive chain attached to the sheers snapped asunder, and
Mr. Charles Hicks, a livery staple-keeper in Kermel-street, the sheers being thus released, suddenly canted round with
Russell-equalee said,—Un the 2d of January the prisoner the ponderous gear attached, sweeping with tremendous
had a phaeton from my establishment. I was not at home force over the deck on which the men were standing. A
when it was hired, but I was when he brought it back. The scene of the utmost confusion and havoc resulted. The men
charge was 255., including the driver. He was getting into were knocked about in all directions ; the heavy chain and
a cab to go away without paying or returning the phaeton. gear falling upon their heads and bodies. As soon as pos-
He said he should require a carriage next morning, and he sidle assistance was at hand, and the authorities and medical
would pay then. I asked for payment at once, he being a officers of the dockyard went on board the vessel, the deck
stranger. He replied that he ha 4 got no money about him, of which presented a shocking spectacle. Two men named
and then walking into the counting-house with me he said, ' William Johnson, aged 43, leading hand at the factory de-
n Give me some paper and I'll write you a check." I said partment, and Patrick Kelly, aged 25, a factory labourer,
a check was no use to me, atd that I had had trouble were found lying dead, five men dangerously wounded, and
enough with him already, without his check. He replied others more or less injured. The most severe cases were
that he could not pay, upon which I said he rarest leave those of George Nash, fractured skull, who it was evident
some deposit with me for the charge. Ho said he had got could not long survive ; Patrick l\PGennity, fractured
nothing to leave. I remarked that he was wearing a good skull; Edward Reed, broken leg and other injuries; Cor-
greatcoat, upon which the tailor who was with him stepped nehus Regan, compound fracture of thigh; and Edward
forward and said, "That belongs to me." The prisoner then Adams, injury.
then(A
took off his under Coat and handed it to me. The tailor, The deceased men and the worst cases of the wounded
interposing, said "That belongs to me also," (A laugh.) I Were immediately after the accident removed to the Royal
said I would take care of it until I was paid. The tailor and marine Hospital, and every attention was rendered to the
he then went awry, and just as they were leaving a cabman sufferers by Drs. Thompson, Kelly, and Minnoch ; but on
drove up and said to me, "Der. Hicks, I want to see you. inquiry at the establishment last evening it was ascertained
I drove this geetleman (pointing to the prisoner) to your that George Nash expired about two hours after his admis-
y„d this moiling, who came to hire a carriage, and on sion, and MeGennity and Reed are in a very precarious con-
leavingdition.
laugh.)
Sty side, heard that. The sbeers were erected about three years since, and the
standing by
link of the chain which snapped is about two inches in dia-
the
I sail el .
ihe tol d
would m
a: t . yon
h would
e prisoner, pay
who f fora."
was e . ''
The prisoner—That is rather a high price for your trap meter, weighing several pounds, and of wrought iron.
. -----------.
for half a daf', Mr. Hicks, is it not ? --- -
Witness Was told by the Court he need not answer that ' Many mistakes have occurred in the observations
question, aid he did not, made on the appointment of Mr. Beard to the office
j Mr. Wootner said it was right he should state that a few of Court Newsman, from which Mr. Doane retires, This
weeks sec the prisoner was taken before Mr. Norton, the ' office has nothing to do, as stated, with the clerkship of
Lambeth Police magistrate, as a common cheat. Ho was presentations, which concerns ecclesiastical appointments,
then ehg.ged with obtaining Provisionstradesmen in • and is in the gift of the Lord Chancellor. The Court
Lambeth on various pretences. The evidence,fro from
however, did Newsman's duty is to distribute daily to the morning
not quite establish the offence, and Mr. Norton discharged papers a document supplied from Court, and called
him. Jn that occasion a number of cabmen, whom he had the " Court Circular"—not in any way a onnected with
led, attended, and it then appeared that be was well t• a newspaper so called. The office of Court Circular,
defog
nw° to their fraternity, and went by the soubriquet of or Court Newsman, commenced under the reign
kno Ghost." A gentleman, from Farnham also said that ,of George 111. The King, being much annoyed at
reoctly the prisoner got up an entertainment there, at ' the inaccuracies in the papers as to the royal movements,
psi mono he was announced to play " '
The Ghost." A number took the advice of the chief metropolitan magistrate, and
of people went and paid their money at the door, and when , appointed a Court Newsman ; and Mr. Doane, the grand-
th, time arrived for the commencement of the performance father of the late official, was installed in the office, which
Tee Ghost was nowhere to be found, hence the cognomen has gradually developed itself in importance.l he record t •
e
ce' " The Ghost." , dig of the official doings of Ministers' reception of depute-
Police-constable Back, ja whose custody tbe prisoner was, lions, sending. off despatches, and announcementsp of ap-
said in searching him at the police-station he found nothing . pointments, fall to this officer. The Lord Chamberlain like-
upon him but an empty card' case, a bill for refreshments wise makes a heavy demand on the Court Newsman's services,
and some cabmen's tickets. as he is seated in the ante-room on drawing-room and levee
A cabman named Chas. W(4)ll°3', stepping into the wit- I days, and has to prepare and forward to the daily press
ness-box, said he recently drove the prisoner to the Oxford- a list of the company present, as also to do the like duty on
lobster supper and cigars for him the occasion of Royal balls and evening receptionse, instal-
rooms, and paid ss. for a o
there, (A. laugh.) He afterwards drove him to a place in lotions
year ftlll.enbusin
essofthe
tobe iddS.ef
o
the neighbourhood of the Tower, where the prisoner got thhth e
ographed sheet which the
donecon
Court
ts
Newsman
very heavy,
n has andto tnge t
out and went up a court Witness never saw him again use- struck off by press at his own private residencesma cannot fre-
til now, so that ho lost the price of the supper and his fare. epsently be forwarded to the daily papers before two or three
He hoped the prisoner enjoyed his supper. (A. laugh.) o'clock in the seornie
g. At other times of the year the.
Mr. Anicljeh, looking-glass manufacturer in Bishopsgate- ddunttiyestirron,
throughout the
isspeakit, g, light, althoughesenlill
c3,oe susranria, and the r P
street-without, said the prisoner, who was a stranger to lilies are always great,-'-Court

CHARGE OF SWINDLING.

Defalcations of the Lambeth Rate Collectors.

JOURNALS, mercy, exercised upon the recommendation of the
Home Secretary, could save him. But from this
statute it would appear that a prisoner under sen-
PosT.—The decisions deliveren
tence of death can at any time be reprieved by mere
the Exchequer in the Alexandra eeee
force of a certificate of his insanity, drawn up by'
lative positions of the Crown and the defentleaa::uhysicians or surgeons of any, character or
practically unaltered. In the courseof Michatalrnae two.. h
v atever, attested by two Justices of the
term the Attorney-General obtained a conditional oPinim3e ncracies or intelligence whatever.
rule for a new trial, and, cause having been shown Now,
of any idiots; e abundantly evident, in the
by the counsel for the defendants why that rule Now, as it has been ma.ii`his
should not be made absolute, the members of the course of the discussion on
case, that mecertify
dical
Court have now given judgment. The Lord Chief men of high standing may be fount, who will
Baron and Baron Bramwell are of opinion that the to the existence of insanity in almost al;,
Y 1 be
rule conceives
should be discharged, or in other words, that able case of murder, and who, indeed, woU
the verdict found at the trial for the defendants more likely to give the required certificate the woreC
should not be disturbed ; whilst Barons Channel), the murder was, it is certain that the medical sects-
and Pigott have pronounced for making the rule rity for the execution of justice in the spirit of the
absolute, that is to say, for a new trial. The Court law is worth absolutely nothing. Nor do we see
being thus Equally divided, no definite judgment that matters are made much better by the required
could in effect be pronounced but, in order to fur- addition ov shardsr of two justices of the peace.
nish one from which an appeal might be made to It would be if out of the magistrates of a
the Court of Excheqeer Chamber, Mr. Baron Pigott, county town two could not he itaduced, either by a
as the junior member of the Court, withdrew his clever lawyer, or by the medical men themselves, or
judgment. The majority, then, being in favour of 'by some crotchet or sentiment, or
by some popular
discharging the rule, it was formally discharged, cry, to endorse such a certificate. We do not beet
and against such judgment the counsel fir the ; for our part, why anybody need be hanged with
Crown will now appeal to the Court above. The this loophole to escape by. At all events we are
public are so perfectly conversant with all the cir- certain that any clever rascal, by the help of 6
cum stances under which proceedings were insti- clever lawyer, might take advantage of the Act.
tuted by the law officers of the Crown in this re- Inch scarcely possible to exhaust the anomaly of
markable case, that it will be necessary only very a state of things. Great complaint has been,
briefly to advert to them. An information was filed very properly made of the irresponsible and uncon
by the late Attorney-General against certain per- tain character of the Commissions which might be
sons claiming to be the owners of a vessel seized by appointed by the Home Secretary to inquiro
the Crown in the port of Liverpool, and in the con- such cases as these. But the Home Secretary is, at
struction of which it was alleged the law had been all events, responsible for acting on the report of the
violated, and the vessel, with its appurtenances, Commissions he appoints, and, unsatisfactory as
thereby forfeited to the Crown. It was a proceed- any secret tribunal of the sort must necessarily bee
ing not against the defendants personally, but the persons appointed by him can hardly be ()there
against the ship, and the issue to be decided was wise than independent and competent authorities.
whether the Crown was entitled to retain possession But the tribunal to which this Act gives an autho-
of the latter, or was bound to restore it those claim- rity to revise the sentence is fortuitous, and may be
ing to be its owners. The whole case turned on the either ignorant or prejudiced, or both, and its actiou
construction which should be put upon certain removes all responsibility from any one. It was
sections of an Act of Parliament known as the felt to be sufficiently unsatisfactory that an unre-
Foreign Enlistment Act. By the seventh section stricted and unregulated power of reversing the
it is provided that if any person shall, within the solemn sentence of a court of law should rest even
United Kingdom, " equip, furnish, fit out, or in a responsible Minister of the Crown ; but it is
arm," or "attempt to equip," &c., any vessel, amazing to find this power placed in the hands of
" with intent or in order" that such vessel should any two crotchetty medical men and any two ill-
be employed for hostile purposes against a friendly informed or prejudiced justices of the peace. It has
Power, he shall be guilty of a misdemeanour, and been found dangerous that the authority of a judge
that every such vessel shall be forfeited to the Crown. and jury should be set aside by a Minister acting
On the trial it was proved that, in respect to her under the authority of the Queen ; but here the au'
mode of construction, the Alexandra was better thority, not only of judge and jury, but of the
fitted for warlike than for commercial purposes, and Queen herself, is set aside by two magistrates and
that she was easily convertible into a ship of war. two medical practitioners. The Act is said to have
It was also proved, however, that at the time of her been hastily and inconsiderately passed in 1840,
seizure she had no armament on board. The Lord and it cannot be doubted that such a flagrant snot
Chief Baron, who tried the case, explained to the maly will be at once rectified. It is to be hoped, too,
jury that the building" of a ship intended for war- that, the attention of Parliament being thus imperil-
like purposes was not forbidden by the Act, and left tively drawn to the question, it will take the oppor'
it to them to say whether the Alexandra was tunity to law down some satisfactory law for the
" equipped, furnished, armed, or fitted out" within decision of similar cases for the future. Unwelcome'
the meaning of the Foreign Enlistment Act, or however, as such a revelation of the state of the
whether it was the intention of the defendants to law may be, it is satisfactory that it removes every
equip or arm the ship within her Majesty's domi- shadow of ground for the unpleasant imputations
nuns. The jury decided that she was not so on the administration of justice which have been so
equipped, and likewise negatived the intent to loudly and unhesitatingly expressed. The whole
effect her equipment in an English port. The rule i point before Sir George Grey, the Lunacy Commi6'
nisi for a new trial was obtained on the grounds of stoners, and the self-constituted Commission has
misdirection and of the verdict being against the been entirely mistaken. The matter has been argued'
e
weight of evidence, and that rule has now, as as though they we: e upsetting the decision of tot
already explained, been discharged. It is remark- jury as to whether the prisoner was insane or nou
able that whilst the two senior members of the court when he committed the act, whereas the Sol°
concurred in upholding the verdict upon the same question was whether be is insane or not
Of
grounds, the two junior members were of opinion the present moment. Neither the truth °.
that it should be set aside for reasons totally dis- 1 the verdict nor the justice of the sentence 1°
tinct. The Lord Chief Baron and Mr. Baron Bram- in any way impugned. The sole question 1°
well were satisfied equally with the direction of the whether the sentence shall be executed. If the
former to the jury and with the justice of the ver- prisoner, from whatever cause is now insane'
diet. as measured by the evidence adduced on the it is acknowledged that it would be an act of in'
trial. Mr. Baron Channel' gave his voice for a humanity to put him to death. It will be seen, WI
new trial chiefly because he believed that the from Sir George Grey's letter, that precisely tl3l°
Lord Chief Baron had not sufficiently explained to same question of the sanity of a prisoner tried 19
the jury the law as pertinent to the case, and had tence was raised in the case of a poor man tried ollu
misled them by placing the sale of armed ships the year before Townley, in precisely the same tvaP
and of munitions of war on the same footing. by the intervention of the Judge, and that the
111.1;
Mr. Baron Pigott, on the other hand, rested boner was sent to an asylum in just the same
sra!
his judgment on the misinterpretation of the that Townley has been. The accusations of
parll'
meaning of the section of the statute by ality which have been made in the matter are tho°'
the Lord Chief Baron, and on the ver- we think, proved to be uncalled for and unjustifieue
diet being against the weight of evidence. At all events, now that it is made evident that thio
In his opinion, the obvious construction of the ship miscarriage of justice, if there be any, is chargeabe
for warlike purposes, the stanchions with which entirely on au absurd Act of Parliament, it ie to bt
she was supplied, and the cookhouse—constructed hoped that the public will reserve their dissatisfn
for the accommodation of large numbers of men— tion for that strange piece of legislation, and tbi/
with which she was furnished, all tended to show no time will be lost in altering it.
ether an actual " fitting out" or an intent so to do .
within the meaning of the Act. The discrepancy
between the grounds on which Barons Channell and COUNTRY MARKETS.
Pigott have arrived at the same conclusion in itself, = .!F
COLCHESTER—Ja.N. 9.
therefore, gives additional weight to the judgments
There was a fair supply of wheat at our market to.-d°
of the Lord Chief Baron and Baron Bramwell,
with a moderate business doing, and prices as follows •:3.0
which, in train of reasoning and in results, entirely
Wheat white 44s 50s i Beans, Mazagan..29 go
correspond. It is impossible, however, to read the red 40s 44s middle & 5ma11.325
decisions of the two last-named judges without ar- Barley
riving irresistibly at the conclusion that in the Oats
building of the Alexandra the Foreign Enlistment
Act, was not violated. That statute designedly
omits to prohibit the " building" of ships of any
class whatever, whether intended for peaceful or
for warlike purposes. Shipbuilding is an important
branch of English trade, end that branch the Legis-
lature clearly never intended to paralyse. The sole
point, therefore, to be determined on the late trial
was whether the construction of a vessel in such a
manner as to be easily convertible into a ship of
war was such an Equipment or fitting out as 'th e
Legislature intended to prohibit. That it was not
intended to arm the Alexandra in an English port
was universally conceded; no one doubting that,
like the Alabama, she would have taking her arma-
ment on board in some foreign port, or on the high
seas. It was impossible, however, to give to the
terms used in the Foreign Enlistment Act any other
than a common-sense meaning, and, without an ob-
vious straining, they could not bear the interpreta-
tion sought to be put upon them by the Crown.
Even although the builders of the Alexandra may
have intended the vessel should be employed against
the Government of the United States, still, unless
such intent was manifested by their putting her in
a position to he so employed they could not he con-
sidered as having violated the law. A fair test is
furnished by the Lord Chief Baron when he asks
what would have been the condition of the Alex-
andra on reaching the high seas had she been per-
mitted to depart. She would have been absolutely
powerless for hostile purposes. Without armament
or military equipment of any kind she would have
been a mere hulk. Would she, then, in such a posi-
tion, have been " armed, furnished, equipped, or
fitted out" within the meaning of the Foreign En-
listment Act? It is impossible for any one seriously
to answer the question in the affirmative, and, that
being so, there can be no reason to question the
justice of the verdict given by the jury in favour of
the defendants.
TIMES.—Sir George Grey has lost no time in
replying to the remonstrance addressed to him by
the magistrates of the county of Derby in the case
of Townley, and his letter, containing a full account
of the grounds upon which he acted, will be found
in our columns this morning. This document places
the respite of Townley in a very different light from
that which has given rise to so much popular dis-
satisfaction, while at the same time it reveals a point
of far more serious and startling character than any
hitherto noticed in reference to the case. In the
first place, this feeling of dissatisfaction has arisen
for the most part under the impression that the re-
spite of the prisoner has been granted by Sir George
Grey in the exercise of his discretion. The public
will, therefore, be startled to hear that he does not
appear to have had any discretion at all in the
matter. Neither the suggestion of the Judge nor
the consequent examination of the prisoner by the
Lunacy Commissioners has had anything to do with
the matter. Sir George Grey has not had even to
form a judgment upon the merits of the case. It
appears that by an Act of Parliament, passed in
1840, it is enacted that whenever any person con-
fined in any prison under sentence of transportation,
imprisonment, or death shall be declared insane by
two physicians or surgeons and two justices of the
peace for the place wherein the prison is situate, it
shall become the duty of the Secretary of State to
send him to an asylum. The precise words, indeed,
of the Act aro " it shall be lawful," but it is well
known that this is a regular legal term, implying
an obligation, and not a permission. In the case of
this p articular Act there appears, at all events, to
be no doubt that this is their meaning, and Sir G.
Grey is strictly accurate in saying that " this is the
construction which has been uniformly placed" upon
the section in question. Now, as the public are
aware, a certificate in the form required by the Act
was duly executed, and placed in the hands of Sir
George Grey. Upon the receipt of that certifi-
cate, therefore, the whole question of Townley'a
fate was at once settled, independently of any other
considerations whatever. Thet matter was taken
out of the hands not only of Judge and jury,
but of her Majesty and the Home Secretary, andry
there was nothing left to the authorities but to obey
a plain direction in a recent Act of Parliament, and
to order Townley's removal to a lunatic asylum.
This statement ought to be sufficient, as we shall
presently point out, to remove any feeling of
jealousy in regard to the supposed injustice of the
proceedings, but it discloses a state of things which
ought to be far more startling and alarming to the
public mind than the worst suspicions hitherto en-
tertained. A partial administration of justice could
in this country only be an accidental and isolated
circumstance, and would be sure, if it occurred, to be
decisively put a stop to. But the existence of a law
so egregiously absurd
,as this enactment appears to
he is far more serious. We have always been ac
customed to suppose that the prerogative of pardon
rested entirely with the Sovereign ; that when a
prisoner was once convicted nothing but the Queen's

siniull OF

by the Barons of
the re-

GLOUCESTER—JAN. 9.
There was a good show of English wheat to-dal, ITOr
the farmers, which met a fair sale at an advance Of '9 r-of
qr. Foreign wheat dull, with no advance on the prioest,"l
last week. Oats, barley, beans. and peas were dull,
still unaltered in value.

CHELMSFORD—JAN. S. I
At this corn exchange to-day there was a moderate sbo
of wheat, which met a tolerably active trade, and the Prv,
of last market advanced is per quarter for the best saraP
Spring corn unaltered.
~,, 59°
Wheat, old white 30s 47s Ircas, Partridge...• ous 390
new 44s 50s White .......... 385 410
old red 34s 40s Boiling ... ...... 395 564
new 38s 42s Dun............ 33th ./5
Barley 27s 37s Ditto new ...... ----,6 390
Chevalier ..28s 39s Beans, Tick, 31d .• 33!
.-
Grinding 22s 31s new..--3 4O
Malt..~
Chevalier • ..... ,64s 69s new..--3 3SO
Oats 20s 28s Mazagan .......303

GRAIN—JAN. 9. otif
We had good suppIiesKIRKCALDY of barl6y, oats, and wheat at „ per
market today. gales were ready, and prices is to %""
qr up.
Wheat. Barley. Cats. •
First.— 35s Od 1 268 6d 17s Od
Second 37s Od 28s Od I 18s Od
Third....39s Od 30s Od 19s 6,1

COAL MARKET.
rrioes of Coal per Ton at the close 01 the nitaXet• , I
s. d.
66
Hastings Hartley ....18 9
Wallsl
Encl. ,25
Eden Main ...... .. 25
Hetton ...... ?4
24 0 Haswell
Cassop .........

walls End.
Tunstall
Ships at market, 251; sold. 25.

Foreign Mail Packet List.

MAILS DUE. 15'
Australia and Mauritius, via Southampton. P 11."
......
_._,,.•
via Marseilles ......... J_!''',„ 3,
Brazil and Cape Verds, by British packet. ....... I,3''
Cape of Uood Hope, Ascension, and St. Helena... Tan. ,5,,,
China, Penang, and Singapore' via Soutnampton.Jan. 4,
via Diarseilles ... Jan.

Falkland Islands
Gibraltar, via Southampton ................. Jan, '7,3,
India (Calcutta), and Ceylon, via Southampton. , Jaa,p's,.
via Marseilles....
Jari••
O. ij.,
India (Bombay), via Southampton JO' „,
via Marseilles
Feb
Portugal.... ............
MAIM, Egypt, and Aden, via Southampton ...... jaP , ',7-13,
'
-- via Marseilles ........ . 0
Newfoundland
Oporto and Vigo .................
J .p. 14'
U. S. and British N. America, by Brit. packet... • " 4,
by U.S. packet.... att I;
by Canadian packet.'eb. I,l'
W.C. of Africa, Madeira, and Teneriile .......... r 0. 11'
Bahamas, via New York .Ja
Jal3' 2
..),9,
Mexico •• • ' 9'
All parts of West Indies, including Chili, Peru, }Po.
California. and British Columbia.
----"/

Birth.
HALL—On the 10th inst., at Sheerness, the wife of CAllO5ll'
W. King Hall, C. 8., H.M.S. Cumberland, of
3 °
ter. t tDe
LICHFIELD—On the 11th inst., at 35, Th oiver. street ' ,
Countess of Lichfield, of a son. Wife
STONE. —On the 10th inst., at 114, Piccadilly, the
John Stone, Esq., of a daughter. ;Air 0g
TIDY.—On the 9th inst., the wife of IL Edgar TL-- '
of Clifford's-inn, solicitor, of a son.
Marriages. , go tD°
ANDERSONP OWER.—On the 9th inst., at St. Geo-file,li,l
Martyr, De Lancy Radcliffe Anderson,
Es.l.-,- ae;,
Royals, youngest son of the late Colonl HO% polio"'
son, to Adela Jane, second daughter of W. Henri
„81.
Esq., M.D., of Queen-square, W.C. mbolli.- 0
SIMPSON—SHErrARD.—On the sth inst., at St. A. to, A
Kilnburst, Yorshire, te Rev. J Curwen Si'',Wpol
Frances Maria,k youno•erh daughter. of Samuel S''' ' e
Esq., of Taunton and London.
Deaths. , ha Alle°l
ALLEN.—On the 10th inst., at Herne-hill, 40 ,
roder.-1'
Esq., aged 80. ;,., pieta'
1 BIELEFELD —On the 10th inst,, Charles F 11e,,,,
kid, of Wellington-street, Strand, aged 60.
010
DONNE.—On the 7th inst., at Weston Vicarage, ,i'
Benj. Donne, aged 67. .fle
I afo
MAciriN.—Oa the 10th inst., at 31, Alfred-Place' .... At
I square, Nathl. Machin, Esq., aged 55. -rollYrf
!OSBORNE.-0a the 9th inst at Walkam
Elizabeth, Lady Osborne, "widow of the hoe 53.
oeo
• Osborne
. Osborne, Bart., of Beechwood, Tipperary. iJo
PAscALL.—On the 10th bast , at Pentonville .reaut
-green. :•- 000-
Or
Pascall, Esq., aged 78. . WO 4,
P 01::::0.-1-1,0agnetdh8e11.0th inst., at Crescent Ilouse'lljiletl7
ton, Robert Blemell Pollard, Esq., late of Blollie

Londcn : Pririz.d and rubfished by WILLIA3I Ao- 1
„,,,,, .41',0
of No. 112, Strand, Printer, at TILE SUN °W.-, opt/
Strand,
in the Precinct of the 3avoy. in the id°
iliddleifCX —TUC6CIay, January 12, 180.