The Sun.
London, England, 1865-10-21 00:00:00

DERBY.

(The arrival of the news at Derby on Wednesday
afternoon produced a most profound impression,
several townsmen hoisted flags half-mast, and the
bells of All Saints' and St. Alkinund's Churches
tolled at a late hour in the evening. The Mayor
(Mr. Roe) was entertaining the corporation, magis-
trates, members for the borough and county, &c.,
at a grand banquet at the King's Head Hotel when
the telegram arrived announcing the Premier's death.
The official toasts of the evening were dispensed
with, and the Mayor called upon the company to
drink to the revered memory of the deceased Pre-
mier in solemn silence. Mr. Bass, M.P., who was
among the guests, said they could scarcely conceive
how great was the loss the country had sustained
by the death of Lord Palmerston.

Foreign Mail Packet List.

-s

MAILS DUE.
Australia and New Zealand, via Southampton... Oct. 19
Ditto, via Marseilles Nov. 12.
Brazil and Cape Verde. by British packet ...... Nov. 5.
Ditto, by French packet Oct. 22.
Cape of Good Hope, Ascension, and St. Helena Oct. 21.
China, Penang. and Singapore. via Southampton—Oct. 19
Ditto, via Marseilles Oct. 27.
Falkland Islands
Gibraltar, via 50uthampt0n........... Oct. 19.
India (Calcutta), and Ceylon, via Southampton..., Oct. 19.
Ditto, via Marseilles
India (Bombay), via Southampton. Oct. 27.
Ditto, via Marseilles .
Mauritius, via Southampton
Ditto, via Marseil:es Nov. 5.
.
Newfoundland
Portugal
Ditto, by private ship to Lisbon.. .............
United States and British North America, b 7136 Nov. 2.
tish packet .........
Ditto, by United States packet, via Southamp-
ton .

Ditto, via Cork . .....
Ditto, by Canadian packet, via Londonderry—Oct. 20.
West Coast of Africa. Madeira, and Tenerife Nov. 10.
West Indies and Pacific (except Bahamas, Cuba,
and Mexico Oct. 30.
Bahamas, via New York ..Oct. 19.
Bermuda, ditto • Oot. 25,
Cuba and Mexico

[A DVERTISEMENT. I Dyspepsia (indigestion),constlpa-
plaints in every stage, are only aggravated and
and liver complaints tion, debility, consumption, and all nervous, bilious, stomach,
description, but perfectly cur-
ablepe:oved by thousands of cases which had been con.
health-restoring Revalenta Arabic&
by Dabygarrdrursotheeavlery
opeless, such as-cough, asthma, also djarrhces,
Food,
d e. tiered
draas th
Inemorrholds, liver complaints, flatulency, nervousness,
biliousness, fevers, sore throats, diphtheria, catarrhs, colds,
influenza, noses in the head and ears, theum Worn, gout, im-
purities, eruptions, hysteria, neuralgia, irritability, sleepless-
nese, acidity, palpitation. heartburn, headache, d, bility,
dropsy, cramps, spasms,
nausea and sickness, even In preg-
nancy or at sea, sinking fits, bronchitis, scrofula, tightness of
the chest, pains in the pit of the stomach and between the
shoulders, &c. We quote a few :—Cure No. 46,276. MrJames
Roberts, timber merchant, of irrimley, Surrey, of 30 years'
diseased lungs, spitting of blood, liver derangement, and par-
tial deafness.—Cure No. 47,121. Miss Elizabeth Jacobi, of ex-
treme nervousness indigestion, gather:ngs; low spirit., and
nervous fancies. -Cure No. 1,771. Lord Stuart de Decks, lord
lieut. of Waterford, of many years' dyspepsia. -No. 49,834
Fifty years' indescribable agony Irom dyspepsis.ue,rvnousssnaesnsa
asthma, cough, constipation, flatulency, spasms, s I k
e
vomiting—Maria July —Cure No. 5 1,8 :6. I lielatnev James
T. Campbell, Fakenham, Norfolk, of indigestion d.
torpid.

ity of the liver, which had resisted all medical t!eattnent.—
In tins, 1 lb., 2s. 9d. ; 21b., 4s. 6d ; Sib., 118. ; 121 b., 225. ; 211 b.
40s.—Barry Du Barry and Co., No. 77, Regent-street, London;
also Phillips, tea dealers, .8, King William-greet ; likewi e
at 61, Gracechurch-street ; 4, Cheapside; 49, Bishopsgate-
street Within ; ; 330, Strand;
63, 140, and 298, Oxford-street
54, Upper Baker-street ; 103, Tottenham-court-road ; 96,
Upper-street, Islington. N.; Harvey, Notting-hill; Close
Brothers, 61, High-street; and Stubbs.Queen's-terrace, St.
John's-wend, London ; and all respectable grocers and the-
mists.—Beware of spurious imitations.

I

LONDON, SATURDAY, OCT. 21, 1865.

Our announcement yesterday, to the effect that
Earl RUSSELL had been summoned to Balmoral by
the SOVEREIGN, has been to-day confirmed. The
noble lord, it is now generally understood, has been
formally entrusted by Her MAJESTY with the re-
sponsibility of reconstructing the Administration.
If accomplished, this reconstruction of the Cabinet,
to the satisfaction of his colleagues, the necessity,
otherwise immediately probable, for the summary
calling together of the new Parliament, for, a brief
winter session and for the purposes of
extraordinary public business, will be alto-
gether removed : the first session of the New
Parliament in that case beginning only at the cus-
tomary period—namely, early in the month of
February.
_ _ _

No little disappointment will be felt throughout
the country, but more especially in the metropolis
—we may rest perfectly well assured of this—by
the intimation of the fact that the great Prime
/linister of England, now lying dead at Brockett
1.11111, will be interred with all possible privacy and
simplicity in the neighbourhood of his birth-place at
Broadlands, lla.mpshire : instead of receiving in all
pobmp. and solemnity the honours of aPublic Funeral,
laid in his grave in the midst of a National
11.10 uern:ig ibg in 11.13 only fitting place of sepulture,
namely, among the great ones of England, in
Westminster Abbey.

The intclligencr) of Lord PALMERSTON'S death is
calling forth, as might have been expected, many
conflicting opinions upon bid career and character,
from the Public Organs of the various nations of
the Continent—the majority of the Paris journals
(strange to say, remembering the past !) speaking
~
of him in terms of evidently unaffected admiration.

About the most notable circumstance mentioned
in to-day's news, from the central part of Southern
Europe, is the resignation of office by Monsignore
de MERODE, the War Minister of His Holiness.
Among the more satisfactory pieces of intelligence
Coining to us from the other side of the Channel, is
the welcome intimation of the fact that the Cholera,
which the other day was beginning to manifest its

No surer proof could be given of the important
position which Lord PALMERSTON held, both directly
and indirectly, than the dire confusion into which
every one is plunged at the prospect of naming his
successor. Earl RUSSELL, it is now understood,
however, has been commanded by the QUEEN to
form an Administration, it being only right and fit-
ting, considering the noble lord's position, and his
being the only' member of Lord PALMERSTON'S
Cabinet, who has already held the post of First Lord
of the Treasury. Still, with all his valuable expe-
rience and great abilities, it cannot be denied that
there is not much in Lord RUSSELL'S present position
in the political world to insure him a considerable
chance of success. No one knows very clearly
what his general policy is, whether he will keep
up Lord PALMERSTON'S practice of inaction as re-
gards domestic reforms, or whether he will strik e
out a new line for himself. In some respects hh.
ancient renown is against him, because he lost caste
greatly some years ago, and has never recovered it.
His foreign policy has not been at all in accordance
with the general feeling of the country, and more
opposition would have been shown to him had not
the popularity of Lord PALMERSTON been strong
enough to weather all storms, and carry his col-
leagues through all perplexities. Many hints have
been given that Mr. GLADSTONE is the proper man
for the Premiership, but there are grave
difficulties in the way of his succeeding.
His talents are considerable, and his elo-
quence impossible to surpass ; but his chief
success as a statesman has been finance, and on
several occasions lately, when the illness of the late
Premier made him virtual leader of the House, he
failed utterly to secure its goodwill or to direct its
course. Mr. GLADSTONE'S drawbacks, in a Minis-
terial point of view, are his unfortunate temper
and his want of cordiality and toleration. In face
of the obstacles which these two prominent states-
men seem to find in their way, an expediency
policy has been suggested ; either to select Lord
GRANVILLE or Lord CLARENDON for the first office in
the State, and no doubt either of the noblemen would
gracefully execute their task if the chief difficulties of
devising a policy were taken from them by more
skilled and experienced subordinates. Yet this
middle course would only be a temporary gain at
the best, and no very long continuance could be
prophesied for such a Cabinet. It is not likel
that, under the peculiar circumstances of the case,
any. of these eminent statesmen will suffer their own
individual ambition or personal prejudices to in-
trude at such a time. Such a course would be un-
worthy of loyal subjects at a period when their
SOVEREIGN is perplexed, and would show a
want of proper public spirit at a time
of national difficulty. The ever-shifting scenes of
political life are sure to bring many an opportunity
to those really fitted for power, if they have
patience and perseverance, but the present crisis
is not one for an Opposition to take advan-
tage of, nor for members of the ruling party
to consult personal motives. The country will
expect self-denial and resolution to lie shown
by the present members of the Cabinet, and it is
their duty to sink all prejudices and to put aside all
desires that at all interfere with the general inte-
rests of the community.

The arrival of the Cuba, with news from New
York up to the 12th of October, brings us on the
whole a satisfactory statement. President JOHNSON
is proceeding cautiously, but surely, on the course of
conciliation and clemency which he has been wise
and humane enough to adopt. An important step
has been taken in the pardon granted to Vice-Pre-
sident STEPHENS ; the Finance Minister, Mr.
TRENHOLM ; Judge CAMPBELL, of Alabama ; and
Governor CLARK of Mississippi. Men naturally
ask if these prominent members of the Confederacy
can be pardoned, why the pardon may not be ex-
tended to its chief ? If the Vice-President can be
forgiven for his so-called rebellion, why should the
President of the Confederacy be more severely judged.
There is good reason to suppose that Mr. JOHN-
SON is only biding his time to accord the long-
sought pardon to JEFFERSON Davis, and is waiting
to consolidate his position and become stronger
in his support. It must not be forgotten that he
has very great difficulties to contend against, espe-
cially where his quondam friends and partisans
(the Republicans and Radicals) are concerned. He
may wish to try the temper of the people by this
preliminary movement, and to hear what Congress
has to say on the broad question of the relations.
between North. and South. It is not surprising
that the hopes of Mr. DAVIS'S friends are consi-
derably brightened by recent events, or that
the delegation sent from South Carolina to
plead the cause of the ex-President is sanguine of
success. North Carolina has decisively disposed of
Slavery, and Alabama has directed the local Courts
to admit negro evidence pending the decision of the
State Legislature on the point. This is really a
matter of great importance, both in principle and
practice, and the advocates of negro suffrage would
do much better to make this question a sine qua
non, instead of insisting upon political privileges,
which would be really useless to the negro in his
present position. President JOHNSON addressed
a regiment of negro soldiers in Washington
a • few days since, and told them that," Liberty"
meant freedom to work, and to enjoy the
produce of their labour, and that now that
they were returning to peaceful life they must
show their fitness for freedom. It is to be hoped
that the disbanded soldiers having been more
under discipline lately will learn better how to
accommodate themselves to their changed position.
The Freedmen's Bureau, wo are glad to see. has
stipulated for the admission of the evidence
of negroes in cases in which they are concerned,
and we hope that this condition will be insisted
upon in every re-constructed State. Mr. JOHNSON
has promised a deputation from Kentucky that
martial law shall be repealed throughout that State,
the Negro troops withdrawn, and the abuses of the

:Freedmen's Bureau corrected. 'This will, therefore,
'be a good opportunity for insisting on the admis-
sion of negro evidence. The PRESIDENT has shown
Cni several occasions his anxiety to establish the
supremacy of Civil Law, and he has, therefore, good
right to stipulate on the removal of an injustice so
flagrant and so inconsistent with the pretensions
of a Republican Government.

It is never very long before the benefits of Free
Trade make themselves felt by any country which
adopts them. Year by year, as the sure test of
practical experience removes prejudices and class
objections, the circle of its advocates grow wider
and wider. In several of the continental nations,
which were formerly most opposed to the theory, a
gradual enlightenment is taking place. The com-
mercial classes find that they are being left behind
in the great race, and that their narrow-minded
anxiety to secure their own interests to the exclu-
sion of all others, ends by defeating itself. The
example of France may, we hope, do much good,
but if proof were needed of the excellence of the
system, it could surely be found in the unparalleled
prosperity and buoyancy of English commerce.
Free Trade commends itself so powerfully to Eng-
lishmen, both by inclination and experience, that it
is surprising it should have been so long neglected
by our large and important possessions in the north-
west. If the British American provinces had
adopted the principle of Free Trade towards all the
world, there can be no question that their progress
would have been as rapid as it would have been
striking. The Provinces are so rich in natural
Wealth that they need but little outlay of labour or
capital to develope immense sources of national
wealth, while the encouragement which would be
afforded to emigration by a different System of ex-
Ports and imports would supply one of their great
needs —hands to do the work that lies waiting for
them. As it is there are very groat obstacles in the
way of an interchange of goods, even betwen the
colonies themselves. Canada, Now Brunswick,
and Nova Scotia, have each a separate tariff
and a different system of custom houses.
It is at once -manifest what hindrances
this must put in the way of an interchange of com-
modities between the States, a fact the more to be
regretted, as in many respects they could supply
each other's wants. In St. John and its vicinity
there are two cotton manufactories, which, after
supplying the demands of the home market, stand
idle during a great part of the year ; whereas, with
free dealings between the Provinces, there would be
demand enough to keep them constantly in full
work. Of course, if the great principle of Confe-
deration were fully carried out, the interchange of
goods would be much encouraged ; while, if the
present high tariff imposed on imports from this
country and foreign nations were removed, there
would be an immense extension of the area of cus
tomers. There is no natural reason why the British
American Provinces should not make as rapid a
progress as the United States made a hundred years
ago. Their natural advantages are very great ; their
people come for the most of a race not deficient in
either energy or ability ; they possess the advan-
tages of free government and a wise and liberal
constitution. The scheme of Confederation would
supply much of what is lacking, and a general sys-
tem of free ti ade would go far to do the rest. It
would encourage the establishment of manufactories
and mills, which would bring in capital and labour,
while the general rise of the country into notice and
importance would draw to 'its shores that tide of
emigration which is so much needed. Plenty of
strong and willing hands are needed to clear the
backwoods, but when this is done the resources of
the soil are immeasurable. The American war,
which in one form or another has threatened the
British Provinces with so many dangers, .is
now actually producing some good effects, ana
is likely to do more. The burden of taxation is
growing so heavy in the States that living has be-
come very dear, and consequently men starting for
a new country will naturally turn their faces else-
where. The Americans themselves are beginning
to show their appreciation of the advantages of a
country not blessed with the legacy left by a gigantic
war, and American capitalists are looking north-
wards, buying lands in New Brunswick, with the
view of establishing mills and factories. So great is
the difference in the expenses that they calculate in
true American phraseology to undersell their coun-
trymen in the States, even after paying the high
duty on goods crossing the frontier. If Americans
come into the field there will be no lack of energy.
or of speculation, but Britishers must not suffer
themselves to be outdone on their own soil. The
Provinces are, it is true, making progress, and the
annual returns of New Brunswick show a consider-
able increase, it is said, on the imports of the pre-
ceding year. Still the development of the colony,
like those of its neighbours, has not been at all pro-
portionate to its capabilities. There is room for a
much more rapid and not less steady progress.
ALEXANDER wished for new worlds to conquer, but
here they are lying idle, and the conquerors will
not come, though the only weapons they need are
industry and enterprise, and the field is open to all
who are willing to enter it.

The anniversary dinner of the Colchester Con-
servative Club was held on Wednesday, and some
noticeable speeches were made. Mr. MILLER, the
Conservative member for Colchester, made some
observations on the leading topics of interest which
the present day affords, and he took a hopeful
view of things, especially as regarded the prospects
of his party. As for the seats which they had lost
at the general eleCtion, he considered that the
majority on the Ministerial side would be very con-
siderably diminished when the searching scrutiny of
committees tried the validity of certain elections.
It is true that such a result often ensues- atter. any
great struggle has taken place, so that the hon.
member's remarks are not so out of the pale of pro-
babilities as some may suppose, and he may prove
to be more a true prophet than a prejudiced partisan.
Mr. MILLER denied the truth of the assertion which
some people persisted in making, that the Conser-
vatives were opposed to all kinds of change, and he
did not object to improvements when they were
needed. He thought also that a " lull " was some-
times a great advantage to a country like ours, be-
cause it afforded a chance of our turning attention
to matters of a "social, moral, educational, and a
sanitary character ;" and certainly at the present
juncture many of these are needed, especially the
latter. The calamity of tae cattle plague and the
threatened invasion of the cholera have disclosed
our ignorance and carelessness to a frightful extent,
and it would almost seem as if we courted
the approach of these evils by our shameful neglect
of needful precautions, and our violation of proper
rules of health and due regard for the public safety.
It will be well if the new Parliament inaugurates
its career by making some regulations in this
respect, and instituting reforms which are so much
needed. So much should not be left to the judg-
ment and responsibility of private individuals ; and
if in some important cases, such as the drainage of
small houses, inspectors were appointed to insist
upon proper care being taken, much good would be
done.

In the traffic of cattle, also, there are many evils
which the law should interfere to rectify, and the

sooner the better for the welfare of the community
and the credit of the authorities. Mr. MILLER
truly declared that the visitations of PROVIDENCE
with which we had been lately affected rendered it
very important that some measures be resorted to,
and care bestowed on these subjects. Although in
a town the subject of the cattle diSease naturally
engrossed attention, and the hon. member turned
his attention in that direction, he advocated the
necessity of establishing insurance societies ; and,
indeed, it seems strange that more care has not been
taken to promote these compensatoryinstitutions,
which seem to offer at the present crisis the surest
and safest mode of action.
Mr. MILLER considers that the Malt Tax should
not have been the first tax taken off, because other
things were of more importance, such as the income-
tax, the fire insurance duty, and others. But all
these had now been happily reduced, and therefore
the malt tax now stood pre-eminently in the first
rank for remittance in the ensuing session. This is
fair enough, and under existing circumstances it is
most probable that the vexed question of this tax
will be settled next year, for the losses of the agri-
culturists have been most severe, and their claims
should come before others in more flourishing and
prosperous circumstances.
During the entertainment a rumour got afloat
concerning the great loss which the country had
sustained, and Mr. MILLER, in concluding his re-
marks, briefly, but impressively, alluded to the sad
intimation that had reached them. He sail that he
feared it was only too true that they had lost the
services of so useful a man, and that he had been of
great use in restraining the unwise endeavours of
some incautious politicians. Viscount INGESTRE
also made some remarks, and paid a tribute of re-
spect to the memory of the departed, due, he ob-
served, to such " merit and talent." He alluded to
the change which might occur in the political world
in consequence, and prophiesed that Mr. BRIGHT
would now prepare to do wonders. Yet the noble
lord put iu a defence for Conservatism, since the
leaders of that party had actually introduced a
Reform Bill under very adverse circumstances—.
a Reform Bill, too, " which was now admitted by
the Whigs to be a measure of the right sort, as it
proposed to extend the franchise to all the clergy,
and gentlemen of the legal profession living in
lodgings, and to confer what were designated by
the Whigs as ' fancy franchises.' "
There was great reason in this reminder of Lord
INGESTRE, as it certainly is to the credit of the Con-
servatives that they kept to the nation the promises
made by their predecessors, while it is to the lasting
disgrace of the Liberal party that their petty
jealousy and mean prejudice prevented the passing
of a Reform Bill at all. The noble lord made some
facetious observations on the ingenuity which the
Whigs always displayed in taking the credit of all
fortunate occurrences to themselves, and concluded
with some impressive remarks upon the muddle that
Lord RUSSELL had made in his correspondence with
Mr. ADAMS. "He thought JOHNNY appeared as
small as he always did ; he seemed a little smaller,
in fact." As Lord INGESTRE said, what could be
more absurd than having recourse to arbitration at
all if we were not going to give compensation ?
Captain JERVIS, who followed, declared that the
death of Lord PALMERSTON would mark a new epoch
in our political history, for " the departure of great
men announced great events. Great men were like
landmarks, and when their time was done it was
the signpl that the new order of things was coming

on."

And as compared with the month ending the 17th of
September, 1864, the above returns show an increase of
£875,152 in the circulation of notes in England, and an
increase of £1,616,877 in the circulation of the United
Kingdom.
On comparing the above with the fixed issues of the
several banks the following is the state of the circulation:—
The English private banks are below their
fixed issue £1,316,370
The English joint-stock banks aro below their
fixed issue ... 451,472

Total below fixed issue in Ensit,..a. .C17707,8AS
Tho Scotch banks are above theilr fixed issue... 1,556,290
The Irish banks are below their fixed issue ... 415,901
The average stock of bullion hold by the Bank of Eng-
land in both departments during the month ending the 13th
of Sept. was £14,297,149, being a decrease of £44,164
as compared with the previous month, and an increase of
£1,375,214 when compared with the same period last year.
The following are the amounts of specie held by the
Scotch and Irish banks during the month ending the 16th
of September :

Gold and silver held by the Scotch banks £2,376,797
Gold and silver held by the Irish banks 2,078,603

£4,455,400
Being a decrease of £20,560 as compared with the pre-
vious return, and an increase of £326,797 when compared
with the corresponding period last year.

THE QUEEN AND LORD PALMERSTON.—IIer Ma-
jeesty, when the news of the illness of her First
Minister was conveyed to her, instantly wrote, by General
Grey, to Lady Jocelyn, who is one of her Women of the
Bedchamber, expressing her concern, and requesting to be
kept informed of the Premier's state; and when the worst
intelligence reached Balmoral she wrote to assure Lady
Palmerston of her "heartfelt and deep sympathy with her
under this deep trial." The Prince and Princess of Wales
also telegraphed anxiously and repeatedly to Brocket-hall
for news during the attack, and have already given ex-
pression to their great sorrow at its fatal issue.
THE BOXED-UP BURGLAR AT LIVERPOOL.—
Thomas Williams, alias Broadbent, the returned
convict, who had been several times remanded on a charge
of burglariously breaking out of the shop of Mr. Yorke,
jeweller, St. George's-crescent, and stealing a large amount
of jewellery, was again brought up, at the Liverpool
Police-court, on Tuesday. Some additional evidence was
now given, but the main facts of the cane have already been
published. On The 15th of September, a man called at Mr.
Yorke's shop on the. pretence of purchasing jewellery.
After selecting a number of articles, he requested to be
allowed to leave at the shop a box, which he said con-
' tained plated.goods, and into which he intended to put the
jewellery he had selected from Mr. Yorke's shop. The
requisite permission was given, and the box, a good-sized
packing-case, was brought to the shop on the night of the
18th. In this box the prisoner was concealed, and during
the night he got out of his hiding-place, and after collect-
ing a large quantity of jewellery, worth between £5OO and
£6OO, was about to make his escape, when a daughter of
the prosecutor, who slept in the house, hearing a noise,
raised an alarm, and the prisoner was caught as he was
getting over the yard-wall into the passage which
leads into Lord-street. The jewellery was found in a car-
' pet bag in the yard, and two diamond rings were found
upon him. Upon being brought into the dock, the prisoner
requested that the depositions might be taken in open
.court, saying that the last time ho was committed they
were taken in a small room, and that people were actually
fighting as to whether he should be indicted for breaking,
or simply trespassing, Mr. Raffles said the depositions
were now taken in the public court. Miss Sarah Ann
Yorke was now called, and said she and her sister and
aunt were on the premises in St. George's-crescent on the
night of thelBth ult. They felt some curiosity to know
what was in the box in question, and they shook it and
found it very heavy. (Laughter.) Mr. Raffles—lt's well
for you it did not come open. The witness went on to
say that they went to bed about eleven o'clock, leaving
the jewellery in the window quite safe. She was
awakened about four o'clock by hearing a noise, and she
saw a light reflected on the wall opposite the back par-
lour window. She picked up a water jug, and threw it
through the window to create alarm. She then heard the
window of the back parlour go up, and saw a man
jump out. Sho threw a basin at him, but it did not strike
him. "She cried, "Thieves," and saw a man get over the
wall. She did not see his face. The prisoner was brought
in almost immediately by a policeman. He asked for a
drink of water, and she said sho would give him ono if ho
would tell her whether he came in the box or not. He
said "Well, I must do without it." Sho afterwards found
that the lid of the box was not fastened, and that the box
was empty. Mr. Raffles said it was clear that Mr. Yorke
was indebted to his daughter's presence of mind for the
recovery of his property. Police-constable 98 having de-
posed to catching the prisoner as ho came over the wall
of Mr. Yorke's back yard, other witnesses were called, and
the prisoner was asked if he wished to say anything. He
replied, " I served five years for breaking into this man's
(Mr. Yorke's) shop, but I was not within 40 feet of the
place." The prosecutor then was asked whether an at-
tempt had been made to enter his premises, and he said
" No." He said ho found the shop in the morning as he
left it at night. The prisoner—l was found by the private
watchman on the public wall that divides his back-yard
from the public passage. I was tried for attempting to
break into his shop, but I was not within 40 feet of it,
and through being persecuted innocently was led to this
present case. The prisoner was then committed to take
his trial at the assizes.