The Sun.
London, England, 1863-02-28 00:00:00

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on
adjourned case of "Posey v. Jowetti" cats
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°ROM ' Ord . tit , in the Chancellors Court this day at 2 p.n:k.
There was a large attendance of Doctors, Masters,

and others.

THE SUN, LONDON, SATURDAY EVENING, FEBRUARY 28, 1863.

STAMPED

The Assessor delivered judgment on the ques-
tion of jurisdiction. He commenced by recapitulat-
ing the proceedings taken in the suit up to the
present moment, when he was called upon to decide
whether the Court had jurisdiction or no in the
matter. He read most of the citation, and observed
that the only objection made to it was that it was
too vague, because it stated that the act complained
of was committed "in Oxford and elsewhere." Ile
decided against this objection, on the ground that,
'if the specification of a place was needed the men-
tion of Oxford was a sufficient specification. He
then proceeded to deal with the question of juris-
diction, premising that he did not think himself
hound to confine his view to the arguments which
had been addressed to him, or to the grounds stated
iu the protest. The defendant's pouter founded
his protest on these grounds. He held that the
Court had no jurisdiction in matters were spiri-
tualia, and that heresy was a spiritual matter ; that
the Court was unfit to do justice to the case ; and,
lastly, that it had no power over a Regius Profes-
sor. He would take first the constitution and pro-
cedure of the Court. He thought it would be granted
that the University ought to have a power to cor-
rect violations of its statutes, and that this power
should be so exercisrd that every accused person
might be heard, and that the Vice-Chancellor might
have the assistance of a person not unacquainted
with the duties of a judge and the principles of
English law. The procedure in this Court would
be substantially the same as that of the Court of
Arches. Each party might be heard by counsel.
If the judge erred—and he was quite sensible that
he had neither the /earning nor the authority
to decide such a case satisfactorily—ho might
he set right by the Queen's Bench, or by
an appeal to the Privy Council. He was of
opinion that the promoters were not to blame for
resorting to this Court, which was the only Court
open to them, and that he was not precluded by its
defective constitution or procedure from entertain-
ing their complaint. He came now to the objec-
tion founded on Mr. Jowett's being a Regius Pro-
fessor. Having stated the extraordinary nature of
the claim made to complete exemption from Uni-
versity law on the part of snch persons, ho decided
against the protest on this point, holding that Pro-
fessor Jowett's office was not a bar to his being
cited to appear in this. He then approached the
main question, with respect to the nature of the
offence charged. Unless the citation alleged an
offence with which he had the power to deal—a
breach of some law which he was authorised to
enforce—the suit fell to the ground. The Court
had to enforce two bodies of law—the general law
of the land and the particular laws of the University.
It might be argued that Professor Jowett was
charged with an offence against the ecclesiastical
law, which was part of the law of the land ; but, if
so, this was an offence which, as such, be had no
power to punish. The Church Discipline Act
showed clearly that he had no jurisdiction. The
question remained whether this was an offence
against the statutes, and, if so, an offence with
which he had authority to deal. After deciding
that the fact of the offence charged being in one
point of view an ecclesiastical offence did not pre-
clude him from punishing it, if it were also an
offence against the statutes, the learned Assessor
proceeded to examine the University statute-book.
There were three statutes which might be thought
to apply to the case, that on the subject of tutors,
that on professors, and that on the powers of the
vice-chancellor. He held that the first of these
might apply to such a case, but that in the present
instance it would be improper to apply, as no com-
plaint had been made by the college, and there were
no grounds to suspect collusion. The second, 'ne
thought, did not apply at all, as it was only
intended to restrain the teaching of professors
in their professorial character and in their
dealings with their pupils. The third sta-
tute—that on the powers of the vice-chancellor—
was very vague in its terms. It might empower
him to judge this case, and therefore he could not
allow the protest, which altogether denied his juris-
diction; but he thought it left him a discretionary
power, and in the exercise of this power he declined
to go forward with the case. He should not call on
the promoters to exhibit articles. It confirmed h:tm
in the exercise of his discretion to find that there
appeared by the archives to have been only one case
since the year 1600, when a trial for heresy had,
taken plale in this Court. That was a trial for a
blasphemous libel, which was an offence against the
common law. He had the less reluctance in decid-
ing as he had done, because, if he was wrong, there
was a ready remedy, and he would be set right by
a higher tribunal. His judgment was that the pro-
test was disallowed, but the case would not be per-
mitted to be carried further.

BALCONIES, ENTIttE WINDOWS, or
SEATS to view the Royal Procession, at the ST.
JA •! ES' HOTEL, 77, Piccadilly. The best site in London.
Apply immediately at the .office on the premises, or to
Robert W. 011ivier, music publisher, 19, Old Bond-street, W.

SPIRIT OF THE PUBLIC JOURNALS.

RAILWAY COLLISION.

me to lend him more money. I had only 4d. Gave
him 3d. Ahqui said that too little. Ahqui went
into street and came back again. Then Ahqoi went
to my room to get a coat to pawn. He took coat
away. I say, " That coat belong to me." Then he
took it, and went to pawn it. I waited up till 8
o'clock. Then I went to find him. At 10 o'clock
I find him talking to some girls in Ratcliff high-
way. Ahqui came to me. I said, "Get that coat
out." He said, " Very well, I will go with you."l
We walked down the Highway to Limehouse, and
we passed through the bridge talking to him. J
told Ahqui, "You don't give me watch and money
you might get that coat back again." Then Ahqui
said, "That does not belong to you. I do
nothing of that sort," and struck me in the face. I
struck him back and knocked him right down again.
Then Ahqui got up and took his long dagger knife
and tried to stab mo. I defended myself, and got
hold of Ahqui's wrist and turned it back with the
knife in it, and stabbed him in the belly. Then I
saw him fall. I took the knife out of his hand,
gave him a stab on the shoulder on the left side and
ran away. Ahqui, if he was not dead he could
prove he had the knife. Before Christmas last
Ahqui asked a Chinaman to lend him money. The
Chinaman would not lend him money, and Ahqui
stabbed him on the arm. That Chinaman go away
to sea a month ago. Ahqui see I cannot speak Eng-
lish, he want my money, my body, and life.
Mr. Selfe asked the interpreter if prisoner would
sign his name to his statement which Mr. Pryer
had just read.
Arr Hee—He says he cannot write.
Mr. Selfe then committed the prisoner for trial
at the next sessions of the Central Criminal Court
for wilful murder.

HERALD.--The debate in the House of Commons
last night was a great demonstration elicited by a
great emergency. It will ling and resound
through Europe like the blast of the trumpet, which
in the knightly lists of old proclaimed the advent of
the deliverer. The attitude of the House of Com-
mons with respect to Poland is one proof, among
many others, of the admirable way in which that
assembly reflects the feeling and reciprocates the
generous sympathies of the people of England.
One asylum of free discussion," said Sir James
Mackintosh, in his defence of Peltier—" one asylum
of free discussion as yet remains inviolate. There
is still one little spot in which a man may freely ex-
press his opinion on the most important concerns
of society." The oppressors of Poland may be great
and mighty—a people much wronged and long-
enduring may seem to be struggling vainly against
irresistible hordes ; but if in view of such a contest
this country is to remain silent, where is our love
of freedom, what becomes of our boast that as far as
in us lies no tyranny shall ride unpunished, no out-
rage pass unreproved ? The bare sytn, tthy of
England is worth at this moment 100,000 men to
the Polish cause. But this an occasion wl eh calls
for something more than words ; and if the iddreas
of Mr. Hennessy was withdrawn, whicll called
for "the interposition of England in vindication
of her own public faith and solemn engage-
ments," it was because the mover and the House
were convinced that the worst way of going to
work would be to weaken the hands of the Gover-
nment by an implied censure, and that after the
speech of Lord Palmerston the best thing that could
be done for the Poles would be to entrust their
cause to the hands of her Majesty's Ministers.
Lord Palmerston spoke guardedly, but firmly,
deprecating the Prussian convention, which he
trusted would not be carried, but, characterising
the conscription in Poland as "a barbarous act,"
which of itself justified the Poles in taking up arms.
Under the treaty of Vienna we had a right to inter-
fere ; but we were not under any obligation to do
so. The members of the House of Commons might
rest assured that the Government shared in their,
sentiments. We could not have expected a more
explicit declaration from lee noble Premier, who
has always professed himself the friend of oppressed
nations, and has now an opportunity of proving.
his devotion to a cause which the people of England
has taken very deeply to heart. The leader of the
Opposition clenched the matter with his emphatic
approval of the sympathy expressed for Poland, his
desire thet the Government should at once assert
the rights they possessed under treaty. 'With re-
gard to the conduct of Russia, and Mr. Disraeli,
there were not two opinions in that house. The
insurrection, he said, combined in itself all the ele-
ments of a sacred cause, the love of country, the
memory of a glorious past, and, as he hoped and
believed, the inspiration of a triumphant future.
It is the people of England that speaks in the
House of Commons. The warning of England, if
listened to now in the moment that it is drunk with
fury, will he a boon for which the Government of
Russia will have cause to bless us ; it spurned and
disregarded it will be like the handwriting on
the wall, a presage of doom to the tyrant at his
midnight orgies; it will be sudden disturbance to
the plots of the statesman in his cabinet ; it will
paralyse the uplifted arm of the soldier in the field,
and undo the commander of armies like the news
of a lost battle.
TIMES.—The first animated debate of the session
bore witness last night to the interest which the
House of Commons feels in the fate of Poland. As
a general rule, unanimity is only found when some
formality is to be gone through, or some political
truism enunciated. It is only on matters that are
unimportant or obvious that so large an assembly
can be brought to speak with one voice. But in
the discussion of last night there was energy with-
out disagreement or contradiction. The feelings
that have been excited by the occurrences of the
last month found a vent, and forced each speaker/to
express his sympathy with the cause of which Mr.
Hennessy was the advocate. In such a discussion
as this the actual formal result in the house is of
little importance. It is enough that the motion
gives an opportunity for men of all parties, and every
variety of character to declare their opinions. On
this occasion it was enough that no ultra-Conserva-
tive, no representative of the Czar-worship of a few
years since, was found to rise in this British Assem-
bly and make himself"the apologist of Russian
Government. This august Court, this. ISowerftil
empire, could not find a single friend in that free-
spoken and widely-differing body of men. Perhaps
the only thing that could have united the house on
a foreign question was the atrocity of the 21st of
January. 'When the sense of the house was
taken, the object was attained, and the motion
was very properly withdrawn in deference
to the advice of Lord Palmerston, who ad-
dressed the house in one of those vigorous
harangues which are eloquence without the preten-
sion of oratory. The Premier, meeting the chal-
lenge to declare his opinions which Mr. Hennessy
hud thrown out, said that he would retract and un-
say nothing that he had uttered against the tyranny,
of Russia at any period of his life. For the re-
covery of th-Ise rights he can but appeal to the good
sense and moderation of the Russian Emperor.
Perhaps with more sanguine expectations than most
of his countrymen, Lord Palmerston is disposed to
believe that Alexander may imitate the example of
his brother Sovereigns at Berlin and Vienna. Hav-
ing succeeded to an inheritance of violence and
wrong, the Czar may be as willing to rid himself of
it as he was to abolish serfdom. But these are only
good-natured speculations, or the politic atteratces
of a statesman who thinks that the opinions he
attributes to St. Petersburg may suggest corres-
pondingt acts. As to what has happened,the
Head of her Majesty's Government speaks
a
house.
plainly as any independent member of the
"This last act, called a conscription," says Lori
Palmerston, " accounts entirely for the outbreak
that has occurred in Poland. It was a most bar-
barous act—it was a most cruel piece of political
tyranny, under the semblance of a merely mili-
tary arrangement ; no wonder that the Poles
should have taken up arms to prevent the fur-
ther execution of a measure of that kind." It is
to be hoped that these words will have their effect
on the shameless tyranny which provoked them.
But while we are debating in England the tide of
events is moving deep and rapid in Poland. It is
now no longer doubtful that the Russians are hard
pressed throughout the whole country, fo.d more
especially in those more hilly districts wl 'oh give
the best shelter to the revolution. The im_argents
capture towns, they force Russian detachments to
capitulate, they are commanded by a General-in-
Chief, the Provisional National Government issues
its orders, is implicitly obeyed, and the numbers of
the revolutionary armies daily increase. Indeed,
the state of things is full of peril for the Russian
Government—we might almost have said for the
Romanoff dynasty. Alexander may amuse himself
by " commanding the suppression of the insurrec-
tion within 10 days," but his officers know that the
chances of easy victory are for ever gone, and that
nothing but a great war, waged with the whole
strength of the Empire, and guided by the most
skilful and resolute Generals, can reduce Poland to
its former state. The numbers of the Russian
army are so much less than is generally supposed.
The enormous and ruthless conscriptions of the
Emperor Nicholas have been discontinued since the
Crimean war with the purpose of allowing the
population to recover itself; and the want of
officers is even greater than that of men. The dis-
affection of the Polish officers has, no doubt, already
caused many mishaps, and it is probable that the
Poles are quite as well commanded as their anta-
gonists. It' to this be added the disaffection of the
Russian nobles, who think that the Emperor is
studying how to break down their power, and the
sympathy which large districts even of Russia
Proper feel with the Polish patriots, it is easy to
conceive that this is no common rising, and that the
very existence of the Russian dynasty and polity
may be at stake.

Last evening a collision occurred on the new Un-
derground or Metropolitan Railway between two
passenger trains going in opposite directions, and
on the same rails, which inflicted injuries on about
20 people travellicg on the line, but fortunately
caused no loss of life. To make the cause of the
accident intelligible it should be stated that the
up-line forms a junction with the down-line about
20 or 30 yards from the platform of the Victoria-
street terminus, and by means of points. When an
up-train runs into the station the points should be
so adjusted as to allow it on departing to run past
the junction on the down line. That precaution
appears to have been neglected on this occasion, and
lience the Collision. The 7 o'clock down train,
leaving the Victoria-street terminus last evening,
had started on its journey, but was carried on to
the up line at the junction. An up-train, which
had left Paddington at 6 46 and was due at Vic-
toria-street a very few minutes after 7, was at that
moment running into the station, and the two came
into collision,causing for the time considerable alarm
among the passengers. Fortunately both trains
were running at slackened speed, for the pace of an
up-train as it approaches the station is necessarily
lessened,and the driver of the down-train in this case
perceiving it had been diverted to the up-line and
dreading a collision, did all he could to stop his engine.
The little injury dons to the opposing trains, con-
sisting only of two or three of the buffers being
slightly bent, shows that the collision could not
have been serious. Again, it did not occur in the
underground part of the line, but in the open air,
just after the up-train had emerged from the cut-
ting, and consequently the alarm was not so great
as it might otherwise have been. Mr. Brown, a
surgeon at Kensal-green, who happened to be tra-
velling in one of the trains, rendered assistance to
the injured passengers, and Dr. Mundy, of Snow-
hill, with his son, Mr. C. Mundy, arrived speedily
at the station. Mr. Sames, the engineer of the line,
and, Mr. Tanner,,thesuparintendent, were also soon
afterwards on -the nppl, and with Mr. .Adye, the
station master; and others, rendered aid in the emer-
'geney. Mr. James' Best,` Of' 42, Rotoman-street,
a cctllector to the Royal Hospital of Incurables, ap-
pears to have been the most seriously hurt of all.
•Hezwas taken to his' hotise in a* cablay Mr. Mundy,
jun., and it is apprehended. ho has received concus-
sion of the brain. Another man., name unknown,
I ,suitained a compound fracture of the nose ; and Mrs.
'Charlotte Shortland, of 32, Hampton-street, Somers-
town, was severely brdised :in the face. Her bus-
'band was with her, W, received no injury. Mr.
G. R. Wood, of 8, lath7place, liaggerston, and Mr.
George C. Hallam, of 31, Friday-street, were aldo
hurt, but to what extent was •not known at the sta-
tion. The guard,of one of the trains had a severe
,wound in the temple, and another, not so severe,
over one of his eyes. All the injured persons, most
of whom had contusions about the face, were able to
proceed to their homes. The rails were not in the
least displaced in the collision, and it did not ap-
pear that there was any'consequent interruptionof
(the traffic. The trains ran as. usual during the re-
imainder of the evening, and were as well filled as
they ordinarily ere.

RAILWAY INTELLIGENCE.

TRAFFIC RETURNS.

The traffic receipts of railways in the United
Kingdom amounted for the week ending Feb. 21
on 10,611 miles, to £492,782, and for the cones,
pending week of last year, on 10,217 miles, to
£460,190, showing an increase of 394 miles and of
£32,592 in the receipts.. The gross receipts on the
following 14 railwaye.aniounted in the aggregate,
on 7,268 miles, to £382,e4; and for the correspond-
ing week of 1862,7 oil ',032 miles; to £362,000,
showing an increase of 236 miles and of £20,374 in
the receipts. The 'inerease on the Caledonian
amounted to £703, on the Great Eastern to £1,264,
on the Great Northern-to £312, on the Great Wes-
tern to £835, on the Lancashire and Yorkshire to
£1,647, on the Lofiden- and North-Western to
£5,108, on the London; Otighton, and South Coast
to £1,430, on the London South-Western to
£1,569, on the Manchester~, Sheffield, and Lincoln-
shire to £l,OBl, on the Midland to £1,718, on the
North British to £1,223; on "the North-Eastern to
.£2,731, and on the South-Eastern to £93B—total,
.£27,772. But from this. must •be deducted £lB5,
the decrease on the Great Southern and Western,
leaving the increase, as above, £20,374. The goods
and mineral traffic on these lines amounted to
£226,041, and for the corresponding week of 1862
.to £213,752, showing an increase of £12,289. The
receipts for passengers, parbeli, -Sze., amounted to
£156,333, against 51.1413,248, Allowing an increase of
£8,085. The traffic receipts on 66 other lines
amounted on 3,343 miles, to £110,408, and for the
corresponding week of, last year, on 3,185 miles, to
£98,190, showing iii;indrease of 158 miles, and of
£12,218 in the receipts; ' Thetotal receipts of the
past week show a'decrease of £3,996 as compared
with those of the preceding week, ending the 14th
inst. The .foUowing are the railway receipts for the
past week :
_ .

Miles Opened. Receipts.
Railways. ~.....--..._..„..-.--...--_,
1863. 1862. 1863. 1862.
£ £
Belfast and N, Counties 136 136 1,729 1,764
Belfast and Comity Down 49 49 607 541
Blyth and Tyne 2B 28 1,605 1,325
Bristol and Exeter l2ll 107 5,237 5,101
Caledonian 230 230 15,407 14,704
22.84;241*
112,24 i,
466040055015 1 1322:
8351456
Cockermouth & Workington B.l 81 236 242
Cork and Bandon 2O 20 276 282
Cork, Blackrock, & Passage 6l 61 161 166
Cork and Youghal
Cornwall 531 534 L 20 4 1,096
Decside l7 17 225 237
Dublin & Belfast Junction ...
Dublin and Drogheda 63 63 1,550 1,548
Dub.. & Wicklow and Zeor,,i4 4Bl 481 1,749 1,198
Dundee, Perth, & Aber...Zun 3l 31 1,033 1,116
Edinburgh and bilasgow 1691 1691 6,642 6,381
Forth & Clyde Junction ...., 30 30 211 219
Furness, &o 5O 50 2,802 2,256
Glasgow & South-Western
Gt. Eastern,Nrik.,&E.Union 644 614 25,705 24,441
Great Northern 330 330 24,887 24,075
Great North of Scotland 6B 58 1,710 1,744
(3 t. Northn. & Westn. (Irel.) 7ll 01 438 261
f R.Soutlin. & Westn.arind.) 329 329 7,234 7,419
Great Western 992 9641 49,162 48.327
Inverness & Aberdeen Junc 731 731 954 711
Irish North-Western.. 145 130 1,628 1,497
Irish South-Eastern 224 131
Lancashire & Yorkshire 395 3955 31,300 29,653
Limerick and Ennis
Limerick and Yoynes 2 26 106 133
Llanelly 4 46 483 520
Londen & North-Western
London and Blackwall 5l 1,500 1,369
London & South-Western
London,
nß,rie,hattohnam,
Lond. Tilbury, & Southend
Man.,Aheilleld.&Lincolnsh
Manch. S.Jun.&Altrincham 94 94 1,043 1,035
S',
S.
Coast
Dve 2287241
Maryport and Carlisle
Metropolitan - 2,253 -
Midland (incl. N.-Western) 630 614 37,785 36,067
Midland Gt.Westn. of Irind 2491 192 4,695 3,522
MMLnmkioanutdhsh. Rail. & Canal 7l
44 71
1'636 I'll 9
North British, Edin., Perth
and Dundee
N-Eastern and New. & Car 81:44t 867 38,500 35,769
North London 9 9 2,969 2,701
North Staffordshire 254 252 7,918 7,128
Oswemnstry and Newton... 42 42 869 487
Rhy 921 7
St. Helens Canal & Railway 62191 52191 2,065 1,912
Scottish Central 65 56 2,931 2,867
Scottish North-Eastern 132 132 4,576 4,561
Somerset and Dorset 39i - 336 214
South Devon .... . 751 751 2.798 2,701
South-Eastern BO6 306 15,754 14.816

Mr. Digby Latimer, on the part of the pro-
moters, gave notice of appeal.
Mr. Pottinger applied for the costs of the defence.
The Assessor refused the application, on the
ground that he had rejected the protest. The
costs, he observed, up to this time could not be
great.

Stockton and Darlington lB5 161 9,351 7,918
Taff Vale 5l 54 5,413 5,171
Ulster 5l 51 1 710 1 625
_ - _ ,___ ,

Vale of Clwyd -
151 119
Vale of Neath 251 251 1,826 2,100
Waterford and Kilkenny 3l 31 345 345
Waterford and Limerick 77 77 1,065 997
West Cornwall 271 271 _ 798 782

W. Hartlepool Harbr.&R ail 39 39 3,435 4,022
W'haven,Cleator,&Egrmnt 7 7 585 360
Whitehaven Junction l2 12 933 683
Whitehaven & Furness Jun 35 35 801 586

FOREIGN AND COLONIAL.
Antwerp and Rotterdam 52 52 1,097 891
Austrian B2B 828 27,764 20,898
Belgian Eastern Junction 264 204 247 238
Buffalo and Lake Huron l6ll 1611 2,344 3,000
Detroit and Milwaukie lB5 185 2,901 2,369
Dutch Rhenish
Eastern of France
East Indian
Grand Trunk of Canada lO9O 1090 16,553 16,344
Great Indian Peninsula 495 1371 7,717 5,426
Great Luxembourg 134 134 4,283 3,690
Great Western of Canada 345 345 14,959 10,389
Madrid, Saragossa &Alicant
Northern of Canada ..„.... ~ 94 94 1,925 1,101
Northern of France 7Ol 680 48,728 46,490
Norwegian Trunk
Ottoman
Paris, Lyons, & Mediterrn 1491 1354 118,070 111,628
Paris and Orleans 1340 1204 56,288 50,234
Pernambuco 7l - 835 -
Royal Danish 69 69 515 453
Sambre and Meuse 6B 68 1,250 1,271
South Austrian
Southern of France ..... 777 777 23,577 23,703
Welland . • •• 25 25 - -
West Flanders
W. and N.W. of France 758 758 34,171 33,718

Foreign Mail Packet List.

NAILS DUE.

A.ur.ralia and Mauritius, via Southampton. Mar. 21.
via Marseilles ..... . , . Mar. 15.
Brazil and Cape Verde, by British packet... ... .. Mar. 6.
Cape of Good Hope, Ascension, and St. Helen., .. Mar. 3.
China, Penang, and Singapore, via Southampton. Mar. 4.
via Marseilles ...Feb. 27.
Falkland Islands ......... .. .. Mar. 6.
Gibraltar, via Southampton Feb. 25.
India (Calcutta), and Ceylon, via Southampton Mar. 4.
via Marseilles Feb. 27.
India (Bombay), via Southampton ...... Feb. 25.
via Marseilles
Feb. 20.
Portugal Mar. 6.
Malta, Egypt, and Aden, via Southampton Feb. 25.
via Marseilles Feb. 20.
gowfoundland Mar.,7.
Oporto and Vigo .. .
....
U. S. and British N. Amortca,Ly Brit. packet Feb. 26.
by U.S. packet
by Canadian packet Feb. 20.
W.C. of Africa, Madeira, and Teneriffe Mar. 10.
Bahamas, via Now York Mar. 12.
NomiCOttuttrtft erttut ........... I . 91e. ~,,Febt 28,