The Sun.
London, England, 1862-11-26 00:00:00

THE GLASGOW 111URDE1? CASE.

The circumstances of the murder of Jessie
M'Pherson in Glasgow must be fresh in the recol-
lection of our readers. Of course, the guilt ley be-
tween the woman M'Lachlan and the old man
Fleming ;
and when Sir George Grey felt it to be
his duty to respite the convict the general impres-
sion was that evidence had been adduced at the
private inquiry to criminate old Mr. Fleming. The
agents for that gentleman have applied to the Home
Office, complaining
thrown on Fleming, and requiring a fresh investi-
gation. To this the following answer has been
returned : of the imputation thus impliedly

4' liVhitehall, Nov. 14, 1862.
of your letter of the 7th " Gentlemen,—l am directed
Grey to acknowledge the receipt e
by Secretary Sir George
will order a renewed
instant, in which you request that .11
the recent murder of Jessie
investigation in reference to ?rotor that Mr. Fleming may be
M‘Pherson, in Glasgow,
eh may have been made at the
afforded an o
truth of any
statementstate him.
pportunity:iiiif adducing evidence to test the
late inquiry tenu—g
inform °you, in reply, that Sir George Grey
64 I am to
instituted the inf°
• to which you refer, under the very
„,„„,illaqurYces of this case, in order to assist him in
deciding peculiar sufficient doubt existed as to the share
whether su
w
which the prisoner Jessie M‘Lachlan had in the commission
f h neo. Greyofcommutationthat th
capitaltheewhole f
sentenaceet's
relating
‘ The
to e theu
Sir
at
been submitted to the jury at
th
trial, and that sufficient doubt did exist on the point
wheic-h I have mentioned to justify him in recommending a
tcerr crime
t olt
justify
ease ha a
satisfiedd
on
commutation of the sentence to penal servitude for life.
"But the result of the inquiry was far from removing
all uncertainty, nor could it be justly held to fix a share of
the guilt on any other person, especially when such person
was not represented at the inquiry.
" With reference to your present request, it is not in Sir
G. Grey's power to direct a judicial inquiry to be held into
the guilt or innocence of any person not charged with any
offence, especially when, as in the present case—according
to what he is informed is the law in Scotland—the person
on whose behalf you make the request having been exa-
mined as a witness in a criminal trial cannot afterwards be
subjected to a criminal prosecution in respect of the matter
of such trial.—l am, gentlemen, your obedient servant,
(Signed) "G. OLIVE.
" Messrs. Smith and Wright, 99, St. Vincent-
street, Glasgow." _ _

. _
The agents complained that this communication
was unsatisfactory, and renewed their demand for
a fresh inquiry ; but the Home Secretary abides by
his decision.

te 13:1
;:f theb iiosystemm law,uei
much
,R cts t o
t00....i
often
ecdno
courts, except
teifxooncre
tophft
et
bhpyeu
nwa t ri
writs
:ht.'s-
g"
win,:
tinx.g
SlR,—ThecoBiamendmentder
appeal to the stipe
of the following :--:: ,
indebtedTeCotuortthefoLr onrdelCiehfaonfeelnli
Chancel-
lor fat' 1 bc.
act
oiholevu
es n
rightvt e
Debtors,s vest in if
ment and plunder of solves. r- debtors, and the victims denied
f judicial duty have be-
ef audito querela, which by neglect 4.0.:
vstem rains in ac-
come difficult to use, and the demurrer k...
tive operation to defraud men and families ell their property.
The demurrer -practice extends to the incrat ...
flimsy pre-
tences ; for example, in the preparation of a nam,tive of
facts in a bill of complaint, the plaintiff may desire to iu.sert
several pages of explanations, or to insert copies of dom.•
monts which he considers important to support his claims;
the cost or printing 10 pages extra in a bill ofcomplaint will
be only 608., and in some eases VO is given as a fee ti
counsel by a wealthy detendaut to suppres4 the bill fur what
the e•dirt pleases to consider dernurrable matter, but at the
same time allowing counsel to state whatever he pleases,
true or false, without• being sworn.
Iri building transactions ill results have been of common
occurrence, on account of the high rate of interest, large
margin of value, opportunities for disputing every advance
as the works proceed, and preventing the creation of income
by withholding the advances required for finishing; and be-
cause mortgages in building transactions are usually exe-
cuted upon arrangements to advance as works proceed ; in
fact it is obtaining a mortgage without a b.,
haling of consi-
deration and obliging the mortgagor to exhau:t his means
and credit in improving the security. It appears b2crodible
that such a heartless system should exist in a great .coni-
mercial country where impartial justice is supposed tct be
administered, yet such is the fact, and to an enormous eic,
tent. The course of practice is to select the most valuable
building estate,which the apparent respectability and meat §
of the mortgagee will enable them them to obtain, promis-
ing the owns- - 0.,-. .•.ri,'.. he may desire to create in-
i.d to make the required ad-
ie direction of an architect

;:ailirafutchhge
smaller
works
sh ep
amountl
am no
nrtga a gi ey
the,
tu uh the architect.
sameaotraeged ee insertingnentah enables
evsavalue
aee
why
to find pretence for disputing on every advance
Whin required. Agreements are comparatively carried out
thus :—lf an agreement be made for a mortgagor to enter at
A door, he is refused admittance there, and required to enter
by the window, and when he cisnsente to this inconvenient
mode of entry, the window will be closed against him and
he will be told that he must mount the roof and come down
the chimney, but in his progress he is sure to be met by
some dark agent who will insist on his return, to adopt the
impracticable mode of entry—through the keyhole. The
mortgagor is thus led into liabilities, and when the houses
are roofed the mortgagee will, as soon after as possible, re-
fuse further advances, the debts for works and materials
therefore remain unpaid, notwithstanding their value has
been added to the security. The houses of course remain
unproductive, because they are unfinished, interest in the
meantime accumulating, and professional costs and other
charges increasing, and the mortgagee and his adviser then
commence complaints about not being able to obtain pay-
ment of interest and return of the money advanced, which
they have taken care the mortgagor shall not have the
means of paying; the only means contemplated for repay-
ment having been by letting or selling the houses origin-
ally arranged to be finished, by advances to be made by the
mortgagee.
It is a matter of astonishment that our legislators permit
such abuses in the administration of the laws, when the fall
of the Roman Empire and the Revolution of France in
1793 were the result of similar abuses connected with liti-
gation and imprisonment. And with such facts and exam-
ples in history it appears still more incredible that English-
men have allowed their fellow-creatures to be incarcerated
40 years or 40 hours unless guilty of a crime. If the
victims of 10, 20, and 40 years incarceration, had commit-
ted burglaries and been sentenced to seven years' transpor-
tation for each, the expiration of the time or tickets of leave
would have procured their release, and if without sentence
and subjected to the course followed in criminal prisons, the
ordinary gaol delivery would have set them free at the ex-
piration of a few weeks. And it will be difficult to meet
with one case of a debtor whose confinement in prison could
have conferred any fair and honourable benefit on his cre-
ditors. It is not commercial men or fair traders that fill
our prisons, or find employment for sheriffs' officers. It is
usurous bill discounters and unfair money lenders. These
are the classes for whose almost exclusive benefit we have
maintained debtors' prisons at so heavy an expense to the

country.
To effect general reform in administration of the law, the
following acts, it appears to me, among others, are re-
quired :

An Act for entire abolition of imprisonment for debt or
contempt for non-payment of costs, without being first
tried and found guilty of fraud by a jury.
An Act for the appointment of a Minister of Justice and.
Public Prosecutors, but not to interfere with the grand
jury system.
An act to abolish the use of demurrers and establish trial
by jury on every question of right to be decided in Equity.
An act to compel barristers to be sworn in every case to
make full and correct statements (to the best of their know-
ledge and belief).
The above acts will not prevent .1. general modification of
the laws by competent members of the legislature.
li istratisoencroeftsthoef laws
success and
in
nto native
industry° 5t administration
great Governments,
uearethie
and it must be a soured pf anxiety and regret with all
honourable men to be obliged to witness the abuses com-
mitted with administration of the lave, and the want of pro-
tection for the working classes of the United Kingdom.—l
remain, Sir, your obedient servant,

OBSEIZVER.