The Sun.
London, England, 1864-01-11 00:00:00

The Condemned Convict Samuel Wright.

This morning Mr. F. Doniton, M.P. for Lam-
beth, and a deputation of the working men of
Southwark had an interview with Sir G. Grey, for
the purpose of urging a reprieve for the convict
Samuel Wright, whoEe execution is fixed for to-
morrow morning. After hearing them, the hon.
gentleman the Secretary of State regretted that he
could not see any grounds for interfering with the
due carrying out of the sentence of the law.

It is impossible to say whether the extreme
penalty of the law will be carried into effect until
the result of the memorial, addressed by the
medical gentlemen of Southwark to the Prince of
Wales, is known.

POLICE INTELLIGENCE—This Day.

seats,

THE CASE OF THE ALEXANDRA,

COURT OF EXCHEQUER.-(THIS DIM.

The announcement that judgment would be given in the
Alexandra ease attracted a very large attendance of the
public, On the learned Judges—the Lord Chief Baron and
Barons Channel!, Bramwell, and Pigott, taking their

The Lord Chief Baron proceeded to give his judgment in

the case. lie said the present was an information against

the ship Alexandra charging ithat the defendants, with
others, had been guilty of a violation of the Foreign En-
liktncnt Act, The Alexandra had been built and partly

rigged at Liverpool, and seized by an officer of the Customs

For a breach of the Act alluded to. The defendants joined

issue, and pleaded that the ship was not forfeitel. The

information charged the defendants with every possible vio-

lation of the Act as to the furnishing, equipping, &c., but

said nothing about arming. The question arose, whether

that established the warlike character of the

vessel.

It was urged that the vessel was not

adapted for warlike purposes, and althought it might be
used as a yacht, it was doubtless intended to be used by the
Confederate States of America against a Power with which

her Majesty was friendly. It was also urged that there was

an intention to sell to one of the belligerents the hull of a

vessel suitable for war but unarmed, but to do any warlike

act whatever was a violation. His direction to the jury

was that in such a case the defendants were neither within

the meaning of the Act, but if the commerce of this coun-
try in ships, for peace or war, was to continue, and a ship
left the ports of this country in a condition to cruise out or

to commit hostilities, though it might be of a warlike cha-
racter, he should hoid that there had been no violation of

statute, and that the verdict of the jury was right.
This was the substance of the case between the Crc,wn and
the defendants stripped of all technicalities. The learned
judge went at some length into the nature of his direction
to the jury at the trial, in the course of which he stated
that if the ship had not been equipped, furnished, and
fitted out, the case did not come within the meaning of
the act, and there had been no violation of the statute.
There had been no direct evidence that it was intended to
arm the Alexandra in any British port for the purposes of
cruising or committing hostilities ; indeed, there was no
charge in the information on the subject of arming at all.
He, however, left the question to the jury in the terms
of the act of Parliament, and they found a verdict for
the defendants, on which the Attorney-General obtained
a rule nisi for a new trial. Cause was shown during
term, and the arguments lasted six days. It would be
natural, he thought, in the first place, to call attention
to the various charges in the information, consisting of
98 counts, The first eight counts were repeated 12 times,
varying the charges of equipping, furnishing, fitting out,
&c., thus making 96 counts. The Attorney-General had,
in fact, stated that the first eight counts represented all the
rest. The charges therefore resolved themselves into what
was meant by furnishing, equipping, &c., with intent. The
question then arose, which was the true construction of the
Foreign Enlistment Act, and what was meant by the pro-
hibition to cruise or to commit hostilities. It should be
borne in mind that under the act the proparty was not to be
forfeited unless the crime specified had been committed ;
and he might remark that neither on the trial nor during
the argument had any one suggested by name who had
committed the crime, what he did in committing the
crime, or what were the acts, and who were the
persons by whose conduct the ship Alexandra had
become forfeited to the Crown. If the statute made
out that the defendants had done a crime, they did not want
the dicta of jurists or the decisions of American courts to
decide whether the case was within the statute, and no
appeal to jurists or decisions of foreign courts ought to in-
duce the judge to declare whether or not the scope or object,
the spirit and intention of the act included the case under
consideration. The learned judge next quoted from Black•
stone, to show that judges were bound to decide such cases
according to the strict letter of the law. The institutions
of the country, he believed, were never more secure than
now, but he thought the country could not afford to Jose
any of the grounds of security. No calamity could be
greater than to render elastic such a statute to serve a
special or temporary purpose. He thought the judges of
that Court had nothing to do with the political consequences
of their decision, or with the dissatisfaction it might
create in any quarter whatever, and he could not help ex-
pressing his regret, not unmixed with some surprize that
the Attorney-General had more than once adverted to the
consequences that might arise if the judges decided that
what the defendants had done, was not contrary to inter.
national law, he (the Attorney-General) had distinctly
stated and he had made it the foundation of an argument in
another place, as it was called, the foreign nations had no
right to complain of it as a violation of the
law of nations. The Attorney-General said on
the second that the legislature had declared
that the peace and welfare of the kingdom and of the world
would depend upon the decision of that court. When his
attention was directed to the observation, he admitted he
had gone too far, and he (the Chief Baron) really thought
he had, for there was nothing whatever in the
preamble of the act about the peace of the world.
The learned judge then proceeded to inquire what was the
real interpretation of the words used in the statute, and held
that unless the alleged crime was plainly within the statute
the Court ought to decline to interfere. In his judgment

it was not within the statute, and that it was never con-
templated by those who framed the law. He thought
that he might declare that it was lawful to build ships in
this country even for warlike purposes. Ship-builders
in this country had for a century built ships for
every country in the world, and for. all. purposes. Ship-
building was one of the most important of our industrial
pursuits, and the building of ships, even for warlike par •
poses, was not unlawful, provided that they were not
equipped, furnished, or fitted out in our ports, with the
intent stated in the Act. Reverting to the Foreign Enlist-
ment Act, the learned judge said they were familiar inWest-
minsterHall -with the phrase "to drive a coach and six through
an Act of Parliament. It would not, he thought, be difficult
to sail a whole fleet of ships,through the act, so clumsily
was it constructed." With respect to the rule, he was of
opinion that none of the grounds on which it was applied
for were made out, and that the rule ought, therefore, for a
new trial, to be discharged.
Baron Bramwell thought that the act ought not to be
made to extend to anything which waa not clearly within
its meaning, The word "intent" seemed to explain what
was the intention of the Legislature, but he did not like to
rely on one word. If, therefore, the word was omitted it
would be necessary, to bring the case within the meaning
of the act, that the vessel should have been equipped, fur-
nished, and fitted out. Building the ship or selling it was
not prohibited by the act. He thought the construction put
by the Crown upon the act was wrong, and that the direction
of the Lord Chief Baron to the jury was substantially, if
not verbally, correct. Interpreting the statute as he did,
he had no doubt the verdict of the jury was right. Ha had
no doubt the Alexandra was being built for the Confederate
States to be used against the Federals ; but he did not think
there was any intention to arm or equip her in the Queen's
dominions. On the contrary, he believed it was intended
to evade not to infringe the statute, and consequently he
thought that the rule should be discharged.
Baron Channell said he had come to a different conclu-
sion, and he held that the conduct of the defendants consti-
tuted a violation of the act, their intention being to equip
and furnish the ship. He thought a new trial ought to Be
granted on the ground of misdirection.
Baron Pigott also was of opinion that a new trial ought

to be granted.
The Attorney-General said, as the Court was divided,
he had to apply that the rule might be discharged or
made absolute, so that there might be a definite judg-
ment on which an appeal might be founded.
The Lord Chief Baron said that according to practice
there might be an appeal either way, but perhaps it would
be better that there should be an apparent judgment.

After some conversation,
Baron Pigott withdrew his judgment, and there then
being two to one the rule was discharged.
The Attorney-General intimated his intention to appeal.

COURT OF QUEEN'S BENCH.

Mr. Justice Sheo was, this morning, sworn as a judge of
the Court before the Lord Chief Justice.

The mandamus calling upon the Governors of St. Bar-
tholomew's Hospital to bhow why they refused to appoint
Alderman Rose president of the hospital, was, with the
assent of Sir F. Kelly, who represented the hospital autho-
rities, ordered to issue, so that the whole matter mignt now
be fully discussed.

SECOND EDITION.

UN OFFICE, HALF-PAST 4 &CLOCK.

SPAIN.

MADRID, Dec. 9.—The Budget for 1864, pre-
sented to the Chamber yesterday, shows an increase
of 167,000,000 reals in the receipts, the expenditure
remaining the same. The Minister of Finance
expressed his hope of improving the situation of
the Treasury by realising the bonds subscribed by
the purchasers of the national property. Among
other new taxes is ove on passengers by railway.

THIRD EDITIVN

SUN OFFICE, SEVEN O'CLOCK.

SPORTING INTELLIGENCE.---This Day.
TA.TTERSALL'S—nus EVENING.

TWO TIOtiS'JJD•
sto 1 agat Fille de l'Air (taken and offered)
6to 1 agst Paris (taken and offered)
THE DERBY.
12 to 1 apt Scottish Chief (offered)
100 to S agst Paris (taken)
100 to 6 agst Blair Athol (taken)
100 to 6 agst Forager (taken and offered)
25 to 1 agst Coast Guard (taken)
25 to 1 agst Prince Arthur (taken and offered)
25 to 1 agst Coup d'Etat (taken)
25 to 1 agst Historian (taken)
2000 to 70 agst Birch Broom (taken)
33 to 1 agst Claremont (taken)
33 to 1 apt Ely (offered)
33 to 1 agst Appenine (offered)
1000 to 15 agat Horse Marine (taken)
1000 to 15 agst FitzAdine (taken)
1000 to 15 agst King John (taken)

RACING FIXTU:
FEB'

Birmingham
Harrow
Chelmsford l7

Nottingham Spring 1
Derby Spring 3
Liverpool
Strewsbury
Doncaster Spring

Croxton-park 1
Edinburgh Spring .. 2
Abergavenny
Thirsk

Chester
York Spring
Salisbury l2
Bath

RES FOR 1864.
aUARY.

Lincoln Spring 23
liungerford

Ascot ..
Hampton l5
Newton
Odiham
Bibury
Stockbridge

Warwick .. 1G
Durham .. 28
Northampton 29
Catterick .. 30

Epsom Spring
Newmarket Craven
Newmarket First Spring 25

Newmarket July
Carlisle
Abingdon
Liverpool July
Stamford l4
Pontefract

Manchester
Harpenden 2O
Epsom ..

Chelmsford.. 23
New Forest Hunt 2B
Newcastle-on-Tyne
Worcest.r (Summer)
Ipswich

Nottingham
Winchester l9
Southampton .. 2O
Chesterfield
Goodwood

Bright on 2
Brighton Club ...
Lewes
Reading
Egham
Oxford .. is
Yarmouth .. 23

York August 2a
Plymouth
Derby
Lichfield 3O
Stockton
Devon and Exeter

Mr. and Mrs. Charles Kean in Australia,

These celebrated artistes finished their first en-
gagement at the Royal Haymarket Theatre in
Melbourne, on Saturday, Nov. 21. Their success
has been immense—the receipts being larger than
ever was known to have been taken in any anti-
podean theatre. The following are a few extracts
from the Australian journals :
(From the Melbourne Age of Oct. 27.)

Mr. and kr& Charles Kean made a second Australian
appearance in the Shaksperian drama, last night. The
play was " Henry the Eighth," and, under all circum-
stances, a better selection could not have been made to dis-
play the dramatic talent, and the refined artistic acquire-
ments of the two distinguished actors now our visitors.
The performance was all so quiet, so refined, so like nature,
and so unlike acting, that it was so difficult to select pas-
sages or points for special commendation where all was so
excellent, and, if one may venture so far on any performance
of humanity, so near perfection. To do strict critical jus-
tice would require the following out line by line, thought
by thought, in all the varied expression and powerful pas-
sion of this beautiful and heart touching play, rendered by
the one artist with perfect finish, by the other with exqui-
site tenderness and grace, and an elocution that was music
itself. That noble trial scene in the second act, where the
queen is summoned before her cardinal judges, gave an
unerring proof of the righteous verdict which has placed
Mrs. Kean in the very front rank of the dramatic profes-
sion for powerful and very refined expression of passion.
Mr. and Mrs. Kean, who were repeatedly called for
throughout the piece, bowed their acknowledgments on
the fall of the curtain.

(From the Melbourne Herald of .2Vov. 6.)
The repetition of " Hamlet" at this theatre last night
was received with every evidence of unbounded satisfaction
by a very numerous and fashionable audience. No hurried
review, such as ours must necessarily be, can render even
faint justice to such a performance as Mr. Kean's. It is
the seasoned product of a philosophic mind whose impulses
are in direct accordance with the legislation of nature.
The actor vindicates his intellectual power and moral
promptings in defiaLce of certain physical deficiencies and
even disqualifications. The spectator, who at the outset
is not unreasonably sceptical as to the possible maintenance
of the illusion, long before the first scene is over is com-
pelled to surrender every doubt in such respect.
His critical eye and ear, which require a perfect
corporeal presentment, and are offended because that is not
realised, are speedily admitted to be inferior and indeed un-
necessary tests. Mr. Kean's personal appearance and ago
become completely obliterated from the perception of the
audience, who, thenceforward, solely recognise the living
embodiment of their own conception of the "Hamlet" of
Shakspere. That it is so, is proved by their demeanour, for
seldom has the opinion of a theatrical audience upon the
merits of a performance been so significantly expressed.

(From the Melbourne Age of Nov. 18.)
A very brilliant house assembled at the Haymarket
Theatre last evening to do honour to Mr. Kean on the oc-
casion of his benefit. The theatre was crowded in every part,
and many withstood the heat and fatigue of a stand point of
view from behind the boxes throughout two long orthodox
plays. The opening piece was "Henry VIII.," in which Mr.
and Mrs. Kean both acted superbly in the Cardinal and the
Qneen. This as followed by the "Jealous Wife." To
the noble tragic display by Mr. Kean on Monday, the comic
jealousy of Mrs. Oakley presented a brilliant antithesis last
night. Superlatives are often rash, and in critical judg-
ment demand reconsideration ; but to speak of Mrs. Kean's
inimitable humour and nature and sprightly grace in any-
thing but the highest degree would be alike weakness and
sheer injustice. The scene in the first act, where all Oak-
ley's adamantine resolutions of independence and tavern
dinners vanish before her will, and her inimitable
action, to say nothing of the ever-varying charms of voice
and intonation, when Oakley discloses the project of bring-
ing Miss Russet into the house, were in the very first rank
of performance in highest comedy. We only require the
ability to forget Mr. Kean's Shylock, Othello, and Louis
XI. to hail him in Oakley as one of the most accomplished
and humorous of comedians. Every speech, point, and
walk across the stage was gentlemanly, polished, and comic
propriety itself. The efforts of Mr. and Mrs. Kean in these
most amusing characters kept the audience in a roar of
laughter from the rise till the fall of the curtain; and an
ovation of applause was the grateful reward for one of the
most acceptable, and also the rarest of modern er.tertain-
I ments—a well acted comedy.

ALL THE PRITATE PAPERS belonging to the late
Prince Consort have been forwarded from Osborne to Wind-
sor Castle. _

HERR MOLIQUE is engaged on the composition
of a new pianoforte trio.
" FAUST," BY GOETHE, has just been translated
GREAT
ceFrtfaGinlipTr.e—limOinnariSesatwuerrdeagyo,m athtrouthghe
into Hebrew, by Herr Letteris of Vienna.
Judges THE
Chambers,
to remove the indictment against King, Heenan, and the
others, from Lewes Sessions into the CJurt of Queen's
Bench. On Friday King, with Mr. Beard, his attorney,
attended, and on Saturday the application was renewed.
When certain formalities have been complied with, the in-
dictment will be, as a matter of course, removed into the
Court of Queen's Bench.
ANOTHER PRIZE FIGET PROSECUTION.—On
Saturday last, at the Guildford county petty ses-
sion, Joseph Goss, a well-known pugilist, and the landlord
of the Old Boat Inn, Wolverhampton, was summoned for
having been engaged in a prize fight near to Woking sta-
tion on the South Eastern Railway, on the 17th llt.ceraber
last, with one Isaac Baker. The chairman said that the
bench must treat the charge against this defendant as they
did against his antagonist Baker, and they ordered him to
pay the expenses, £1 lbs., and to enter into his own recog-
nisances in the sum of £25 to keep the peace for six months.