The Sun.
London, England, 1863-12-18 00:00:00

HE SUN, LONDON, FRIDAY EVENING, DECEMBER 18, 1863,

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having property than in a country where they are deprived

of the advantage of political power. (Hear.)

Yuu will observe in the above passage from my
speech, taken from your own report, that I use the
words, "I doi't want any agrarian outrages by

which we shoula change all this;" and now we

must appeal to the tribunal of the lexicographer.
If you turn to Webster's (quarto) Dictionary you
will find the word "agrarian" interpreted, ou the
authority of Burke, as follows :
Rilating to lands, Denoting or pertaining to an equal
division of lands; as, the agrarian laws of Rome, which
distributed the conquered and other public lands equally
among all the citizens, limiting the quantity which each
might enjoy.
Again, in the same dictionary the word agrarian-
ism is given as " an equal division of lands or pro-

perty, or the principles of those who favour such a I
&vision." Thus, in repudiating the agrarian sys-
tem I repudiated in pure and unquestionable Eog-
lish, according to Burke, the principles of those who
favour an equal division of land; I repudiated the
agrarian laws of Rome; and yet, in spite of this,
you charge me and Mr. Bright with " proposing a
division among the poor of the lands of the rich,"
and you associate us with Gracchus in schemes of
socialistic spoliation. I will leave Mr. Bright's case
or the future, as you seem to prefer it, to his own
good keeping, merely observing that his remarks
upon the laud question were more slight and inci-
dental than even my own, and quite as incapable of
being perverted to your sense.

I must add a word with reference to the explana-
tion-thOie given of.soihat was; ilissing in my mind
when I spoke at Rochdale against agrarian outrage.
In the House of Commons a speaker is allowed to
put his own interpretation and meaning on his dis-
puted utterances. This is fair in viva voce discus-
sions. But I decline to claim or accept the benefit
of this practice in the present case. There is no
dispute as to what I said. I accept your own ver-
sion of my speech ; it is a marvellously accurate re-
port, and I will abide by every word of it in its
simplest and most obvious meaning.
Aad now, having given you the above materials,
which I do solely to leave no ground for a pro
longed correspondence, I ask whether you are pre-
pared to adhere to the charge that I proposed at
Rochdale on the 24th ult. to divide " among the
poor the lands of the rich," and, if so, I call on you
to cite those "certain passages" from my speech
which you say " will bear no other interpretation."
I must be allowed to remind you that it is now
wholly a question of proof ; that tbera is but one
issue before us, and that any attempt to evade this
issue by raising others, or entering on vague and
irrelevant discussions, cannot be tolerated. I will
r:-.peat the assumption that you could not have
made this grave charge without believing it to be
founded in truth; that in alluding to " certain pas-

sages,' you thought them to exist. I call on you to
produce them in the specific form in which you
would feel bouud to establish your charges before a
solemn legal tribunal, and as you are still more
bound to do, at that higher tribunal, the public
opinion of this country, to which this correspondence
will be referred.

_-I remain, Sir, your obedient servant,
Nlidhurst, Dec. 14. R. COBDEN.
P.S. I purposely abstained from saying a word
in the bcdy of my letter in answer to other parts
of your communication, because I wished to have a
distinct and categorical answer from you on the
single question at issue ; but, as you seem to be
curious upon the subject of my alienation from
your pages, I will give you a trivial historical inci-
dent. When entering on the arrangement of the
details of the treaty with France, in Paris, in the
spring of 1860, I found that the Times arrived
daily at the offices of the Commission, in me
de l'Universite. While every faculty of my mind
was employed on the task in hand, I found my
efforts thwarted and opposed day after day in the
columns of your journal, where the treaty was in.
cessantly denounced, ridiculed, and misrepresented.
I knew of course that the statements made in the
Times were groundless, I knew that the writers
could not know them to be true, and I believed
then, as I believe now, that you were actuated by
the mercenary fear (foolish enough, as I say) that
the abolition of the paper duty, which was contem-
plated as a part of the measures in connection with
the treaty, would be injurious to the interests of
your journal. To prevent this you appeared to be
ready to destroy the treaty, defeat the Budget of
the year, sacrifice Mr. Gladstone, or worry me to
death. I was tongue-tied and could not speak,owing
to my official position, and it was only through the
confidence which the Chambers of Commerce placed
in my commercial knowledge that I was enabled to
defeat your unpatriotic efforts.
I was naturally led to inquire how the Times
reached the Commissioners' office, and was told that
it came from home as a part of our equipment. It
seemed strange enough that a Government pro
fessicg to desire the success of the treaty should
favour a journal which was doing its best to pre-
vent it. Resolved that so long as I was at the head
of the Commission the Times should not enter the
premises, I sent a communication to the proper
quarter requesting that the Daily News should be
substituted in its stead. This was done, and from
that time the Times has never entered my house
except by accident.

capect, what is the meaning and object of the pas-
sage to which you have referred me ? As I write I
find that Mr. Cobbett is in a similar difficulty.
For myself, I can but repeat that " certain pas-
sages ir. your sp€ech will, in my opinion, bear no
other interpretation than that ascribed to them,"
and you have yourself quoted the very passages
upon which I rely to justify my opinion.-1 remain,
Sir, your obedient servant,
Dcc. 16.

ImiN T. DELANE.

P.S.—ln your postscript you mention what you
call " a trivial historical incident." It is of little
interest to me or to the Times why or when you
ceased to read it; but you must allow me to remind
you that the Times, as the largest consumer of
paper, has always recognised its own interest in the
abolition of the Paper Duty. Your negotiation a•
Paris effected not the Times, but the papermakers,
who complain, as I still think justly, that while
you made such concessions to France as the under.
taking to levy no export duties on coal, you omitted
to stipulate that the French export duty upon the
materials of paper should not be maintained. Surely
it was not unbecoming a great commercial journal
to remind the British n( gotiator of such neglect
while there was yet time to amend it ?

ASSIZE INTELLIGENCE.

NORFOLK CIRCUIT—CAMBRIDGE, Dec. 17.
(Before Mr. Baron Martin.)
THE MURDER WHITTLESY.
John Green, a labourer, 25 years of age, was charged
with the murder of Elizabeth Brown, at Whittlesey, on the
12th of Maroh, 1863; and William George Smedley, de-
scribed as a magistrate, age 45, was charged that he did
feloniously receive, harbour, and maintain the said John
Green, well knowing him to have done and committed the
felony aforesaid.
Mr. D. D. Keane and Mr. Markby conducted the prose-
cution; the prisoner Green was defended by Mr. Metcalfe
and Mr.Orridge ; and Smedley by Mr. Sergeant Tozer, spe-
cially retained.
The case excited great interest, and the court all day was
very full. Excellent arrangements were, however, made by
the persons in charge, ro that at no time was it inconve-
niently crowded, This trial should have taken place at the
last summer assizes, but quite unexpectedly, and at the last
moment, the prisoner Smedley, who before the magistrates
and coroner had been examined as a witness for the prose-
cution, was given into custody and indicted jointly with
the prisoner Green. Mr. Metcalfe was then instructed to
defend both prisoners, and feeling embarrassed by this cud.
den stet) on the part of the prosecution, applied to the late
Mr. Justice Wightman for the postponement of the trial.
After some discussion and consultation with the Lord Chief
Baron, the application was granted.
To-day Mr. Keane stated the case for the prosecution,
and the following narrative will embody what he said.
Mr. Whyle is a maltster, having large premises in the
town of Whittlesey, and both prisoners, at the time of the
murder, were in his employment—Green as a labourer, the
elder prisoner as foreman. Adjoining the malting is a
publichouse called the George end Star; and on the night
preceding the murder there was a dance at the house. The
prisoner Green and the woman were there (Green only at
the dance), and at about half -past one in the morning were
last seen leaving the house together, going down the lane in
a direction for the malting. This wa, the last time she was
seen alive, and between that time and 6 o'clock the prose-
cution say the poor creature was barbarously murdered. A
native of Whittlesey, she had :ed a very immoral life, and
at the time of her death was about 35 years of age, living in
a cottage alone, gaining her livelihood by prostitution. The
prisoner Green is a married mart, and also a native of the
place, and lived at Inbain's End. It seems that in Whittle-
sey the ancient custom of ringing a morning bell at a quar-
ter before six still exists, and there is a functionary stylicg
himself the public bellringer. On the morning of the 12th
of March he was going rather late to the church bel-
fry when he was star tied by a sound as of a door hastily
shut. He looked round towards Mr. Whyte's malting door,
but saw no one, and went on to his duty. A few minutes
after this a man named Stevenson, going to his work and
towards Inham's End, was passed by a man running fast
towards the prisoner's cottage. His braces were hanging
down, and Stevenson called out, "You'll lose your brace,
old partner." The man continued running, adjusted his
braces without turning, and his face was not seen, but al-
most immediately after two men coming from Inham's End
met a man running whom they distinctly recognised as the
prisoner Green. He was well known to both, and they saw
that he was dressed in the clothes he had been wearing the
night before. A man living in a cottage next door to Green
also heard about this time a.neise as of some one running
towards his house, and almost immediately Green's street
door open and some one go upstairs to the bedroom. The
prisoner Smedley now must come upon the scene, for on
going to his work as usual to the malting, immediately on
opening the door of the kiln furnace room he found the
room filled with a thick smoke, and saw the body of, as he
supposed, a man lying upon a heap of smouldering sacks.
He turned back at once, and meeting in the street a man
teamed Robinson, called to him, " Jim, Jim, make haste,
Jim, Jack Green's got burned to dead. I know he's dead,
for he can't speak. He's in the kiln house." Robinson at
once went and Smedley with him ; they were soon joined by
more, and Mr. Crisp, a surgeon, was sent for. The doors
and windows being opened and daylight becoming stronger,
it was found that a settle opposite the furnace door within
two or three feet of the fire was burning, and upon a heap of
partly burnt sacks was the bodyof a woman, partly consumed
and still burning. Water was thrown on and a door brought,
on which the remains were placed. It was a horrible sight.
She was lying on her back inclining towards the left side,
the hands were clenched, the knees drawn up towaros the
body, the tongue protruding and almost bitten in halves by
the teeth, the features much burnt away, the eyeballs col-
lapsed by fire, and much of the tissues and muscles destroyed.
On attempting to raise the body it was found that the left
arm was broken in an oblique direction between the shoulder
and elbow, and not only broken, but the part from the frac-
ture removed as if by some instrument, for the edges of the
bone were clear and untouched by fire. This part of the arm
was never found, and on a minute examination made by Mr.
Crisp, some of the ribs were found fractured as if by some
instrument and untouched by the fire. From these circum-
stances there can seem little doubt the poor creature was,
cruelly murdered before an attempt was made to burn the
body. Green, who usually came to his work a little before
six, did not arrive this morning so early, and was sent for
by Smedley. His wife answered the messenger from the
bedroom window, and soon after Green came to the place
and assisted with others in disposing of the remains, The
same morning. about eight o'clock, Smith, the superinten-
dent of police, in the presence of Mr. Whyte, spoke to
Green, who was then at his work, asking him what time
he left the malting the night before, and when he got home.
lie turned pale, looked confused, and said he left the malt-
ing about half-past eight, and was at home by 11 o'clock.
Being asked further if he had seen Elizabeth Brown last
night, he said he saw her in the George and Star taproom,
but never saw her afterwards. Shortly after he was taken
in custody, and it was then observed that his clothes smelt
strongly of burning, and his hair was slightly singed. He
said to the policeman, " Oh pray don't, pray don't," and
trembled violently. Near the body of the woman was found
a cap belonging to him, and which acme women had seen
him in the George and Star the night before believed he
then wore. A son of the prisoner Smedley was celled for
the prosecution, and explained that the malting doors had
Chubb's locks, and were always carefully locked by his
father upon leaving work. If the prisoner Greeen
could possess himself of the k-ys he might have
entered and admitted the woman, but nothing seemed
disturbed, and there was no unusual appearance
with the exception of a window, a pane of which
footwas
broken, as it was suggested, from the inside, and
marks on the yard gate, and an impressieno of
some ice on the top of a water cask that stood
edlnside the
waatas. It may now be asked S
, but how is .saomboeot on
impli-
atod ? He s a witness in the first instinbainalacreehbie
:Y faoorde
be
magistrates against the prisoner Greene...
tween that time and the assizes iu Julyhiet
come to the knowledge of Mr. Smith,t
at "Whittlesey, that
prosecution and clerk to the magistratessmediey tro havefor
theto
was returning
on the morning of the murder, a ssoeleimcisto
he met the driver of the
the floor, before giving
an
parcelalarm,
for him, and that he
from the malting after he had disscovered the body lying on
mail cart, who was to carry
ha
•aa told he had, instead of
asked if he had received it—
:told the next man he met,
he did not
addressed as J.m I Jim 1"
twehlloinigt
NiVvhillatbeherehmademjubsetresdeeihneehl
and upon Mr. . Smith g h con-
The mail cart driver told It r. Smith there seemed nothing
unusual the latter admitted he salt'
nothing con-
fronting nheSdurtievdelre
Ills present master (blr. Whyle) had employed
hnooothwin.,g, to the driver, but "he was frightened,
him for the last two years, and upon entering his service he
came with a character for good conduct from his last em-
i
o 20v into custody, and years and upwards.
Uponey sucher,wi evthwidheoomoela Smedley w
e hadibeenafebrgen
has nadethis charge hanging over his head for five months.
To-day the evidence only went as far as this—and upon
Mr. Keane continuing to call witnesses who could prove, no
more,
Mr. Baron Martin interposed, and said, in his opinion
there was no more a case against Smedley than against
himself (the learned judge).
There was no evidence what
ever that he knew any felony had been committed, and in
law, unless it could, be clearly shown that he knew Of the