The Sun.
London, England, 1853-11-04 00:00:00

DAILY WEATHER TABLE.

FRIDAY, Nov. 4, 1853.
State of the wind and weather at each of the following
places at nine o'clock yesterday morning. The stations
are arranged in order of latitude.
FOLKESTONE—E., gentle breeze—overcast.
TUNBRIDGE—E., calm —foggy.
GREENWICH—caIm—foggy,
STROOD—N., gentle breeze—rain.
CAMBRIDGE—cIoudy.
YARMOUTH—S.E., gentle breeze—cloudless.
The returns from the following places !indicate the state
of the weather on Wednesday morning at nine o'clock
LIMERICK—S.W., gentle breeze—cloudless.
MIILLINGAR—S., strong breeze—partially cloudy.
BIRMINGHAM—S.W., strong breeze—cloudless.
LANCASTER—W. strong breeze—overcast.
HOLYHEAD—S.W., hard wind—partially cloudy.
WHITBY—S., strong breeze—principally clear.
DARLINGTON—S., strong breeze—partially cloudy—light
rain.
SNAP—S., strong breeze—partially cloudy.
FARRINGDON—S.W., gentle breeze—partially cloudy.

HIGH WATER AT LONDON BRIDGE.
Tam DAY —Morning 27 min.after 3 I Evening 48 min.aft. 3
10-Moaaow Morning 11 min.after 4 Evening 33 miu.aft. 4

THE WEATHER.—SUN OFFlcrs, Nov. 4.
THERMOMETER, IN THE SHADE.
58—highest since noon yesterday.
49—lowest this morning and daring the night.
52—this day at noon.

BAROMETER, 30'07.
WIND, &E.—Light breeze, and fine, sunshiny weather.

sf.:3ZON, ,

Indeed, the interest of the latter would lead him'
to prefer the immediate commencement of active
hostilities, if assured of that zealous and efficient
assistance from the Maritime Powers which he has
a right to expect. He is doubtless chafing the
" bit" which the instructions of Lord STRATFORD
has given him to champ. All the interests of
Russia are opposed to war ; and there is,
at this moment, an immense quantity of
corn stored at Odessa awaiting exportation, the
delays in the disposal whereof, are even more pre-
judicial to the vendors than they are to the Bri-
tish people, whose bread has been so greatly en-
hanced in price, in consequence of the caprices of
the AUTOCRAT. NICHOLAS is so well aware of
this, and also that the fate of despotism itself is
involved in the result, that there is little reason
to suppose that he would not make any possible
sacrifice to repair the mistake he has committed,
and be enabled to retrace his footsteps without
personal disgrace. An actual conflict would not
alter his position, as it might plausibly be ascribed
to the impetuosity of troops acting without, or
contrary to, instructions from head-quarters.

But it is not merely the state of the weather
that has led to the improvements that have taken
place. The weather has been exceedingly propiti-
ous, and affords more auspicious prospects with
respect to the ensuing harvest than any we have
for some time past been enabled to indulge in. There
has been no monetary tightness, and it is generally
supposed that the Bank will speedily be compelled to
retrace its footsteps, and to lower the rate of discount
to the community. Already it finds itself underbid
by the large discount houses; and if the directors
hope to maintain their profits, and make consider-
able weekly additions to the rest, they must suffer
themselves to go with the stream in place of
making a vain attempt to oppose it. We may
form some judgment of the course likely to be
adopted by the magnates of Threadneedle-street,
from the notification of the intention to advance
to dissentient holders of the various petty stocks
that are to be paid off in January, the sums to
which they will then become entitled, deducting
interest for the interval after the rate of 4 per cent.
per annum. Nearly 2, 400, 0 0 0/. (2, 38 0, 0 0 01. )
will thus be brought into circulation, if the par-
ties choose to avail themselves of the offered
accommodation. The mere power, indeed, will
be sufficient to keep down the rate of interest,
and also to enhance quotations, as eligible invest-
ments must be sought for, and the persons whose
claims are to be liquidated will scarcely avoid
availing themselves of the present favourable
opportunities for that purpose.

We have repeatedly directed public attention
to the extraordinary care manifested by the
English law for the protection of property of any
kind or description. No man can now attack his
neighbour's purse with impunity, or hope to
establish an unjust or unfounded demand. Any
attempt made to obtain unfair possession of money
or money's worth, is almost certain of detection,
and on discovery is visited with the most strin-
gent punishment. Prolonged terms of imprison-
ment, with hard labour, penal servitude, and even
banishment for life, or many successive years,
await the party convicted of an infraction of the
laws of property, either by force or fraud, whether
the matter come within the enactments against
forgery, larceny, false pretences, or conspiracy.
Nay more, a bad character in money matters is
sufficient to insure the punishment of a person
against whom no distinct or tangible charge is or
can be established ; and the presiding magistrate
may summarily convict a person brought be-
fore him as " a reputed thief," and send him
to a House of Correction for three months' hard
labour at the treadmill, or crank. A period quite
sufficient at some of the model prisons, such as
Winchester, or Birmingham, to render the wretch
weary of existence, and drive him to self-murder
as the most tolerable alternative. How different is
the protection afforded to the person. A brute may
pass through life indulging his violent propensities
to the utmost, without incurring a tittle of the
punishment that might be adjudgedfor a theft to the
value of the smallest coin of the realm. He may
knock down and trample upon his neighbour, kick
and maltreat the passing stranger, and 5/. fine, or,
in default of payment, two months' imprisonment
is the full extent of punishment that can be in-
flicted. He may earn for himself an infamous
notoriety, similar to that which attached to the
miscreant CANNON, before he maimed poor DwYER,
the kind-hearted policeman, who was assisting the
truculent ruffian at the very moment of the wan-
ton and unexpected attack ; but no practical in-
convenience attends the evil reputation for violence,
so far as the law is concerned. CANNON might
have strutted along the most crowded thorough-
fare, with clouded brow and menacing aspect,
manifestly contemplating an unprovoked assault
on the first victim on whose devoted head his
wrath may burst ; but no policeman would be
justifiedin interfering until the assault had actually
taken place. No preventive measures could be
taken. The magistrate before whom he was
brought would be bound to dismiss him from the
bar, and would probably add a severe censure on
the policeman whose excess of zeal had prompted
him to save some inoffensive individual from
severe personal injury, while he would, at the
same time, send to three months' hard labour the
trembling child who, although never himself
charged with theft, was stated to be " a com-
panion of thieves," and suspected of loitering in
the public street, with intent to commit a felony
—that is to say, to pick the pocket of some
passer by.

Again, if a trial should take place, in which
the title to premises, or to any kind of personal
property, is involved, or where damages are
claimed,
new trials may be obtained, or appeals
carried from tribunal to tribunal, although the
most patient investigation had previously taken
place before an eminent
judge and intelligent jury.
Ten days' notice must have been given of that
trial—the notice
itself being served after issue
joined, which must have taken at least eight clays
And yet with all the time thus allowed,
atonyeffreecat.
reasonable complaint as to " surprise," or
being unable to adduce important evidence, is in-
variably attended to, and a new inquiry directed,
the usual (although not the invariable) condition
being the payment of costs by the party through
was occasioned.
whose lathes or misfortune the delay
The absence of a material witness, too, is almost
always regardedas a sufficient reason for adjourning
the trial on such terms as may seem reasonable to
the presiding judge. But in a criminal case, al-
though the life or liberty of the accused be in-
volved in the result, there is no appeal as to
" facts." No new trial can be obtained under any
circumstances, and although the innocence of the
accused be established beyond the possibility of
doubt, the error of the jury cannot be corrected ;
and if there were sufficient legal grounds for a
conviction the record of his guilt must remain,
and perhaps be proved against him subsequently,
as a " previous conviction," to aggravate his
punishment, although it was known that he was
" not guilty," and her MAJESTY'S "pardon" had
been conferred upon him with that knowledge.
" Pardon " to an innocent man may appear a
contradiction in terms; but such is the practice,
and that is all we can ever look for. There can
be no hope of freeing his character by the verdict
of another jury, however conclusive the testi-
mony he
favour. may be enabled to adduce in his 1 ,

When the consequences of a mistake are so
very serious, there should be additional facilities
for obtaining a postponement of any trial, if rea-
sonable grounds can be set forth for the applica-
tion. But practically such is not the case, and
the convenience of a prosecutor is. generally
more thought of than the character and liberty of
thet ac
on at thecused. This point received a strong illus-
ti Middlesex Sessions, on Tuesday,
where a Captain RIMS was put on trial, uotwith-

standing the earnest protest of his energetic and
efficient counsel. The prisoner, although he had
been twice remanded, was only committed for trial
on Saturday. That trial was forced on on the Tues-
day following, notwithstanding the statement of
Mr. PARRY that he was not and could not be
prepared, and that the undue haste might not
only be very prejudicial to, but inflict gross
injustice on, his client. The prosecutor,
however, wished to go to Plymouth the fol-
lowing day, and to suit his convenience the case
was forced on, although it was almost a mat-
ter of life and death to the prisoner, who
might have been transported, if found guilty.
Now, we do not wish to be taken as casting
undue censure on the Learned Assistant-Judge.
We respect and esteem Sergeant ADAMS, for,
despite a little occasional eccentricity, we know
him to be a learned Judge, an intelligent Judge,
and, above all, a humane Judge—one with whom
the interests of prisoners are, generally speaking,
as safe as they could be with any Judge on the
Bench. It is not then the man, but the system
we blame—that system it was that placed the
liberty of Captain hens, whom the Jury de-
clared to be an indiscreet, although not a frau-
dulent, man in such serious jeopardy ; and we
feel that it ought to be earnestly protested
against not merely by the Barrister in Court, but
the journalist on the broad sheet—by every man,
in fact, who is desirous of preserving the liberty
of the subject, and guarding and protecting that
which is far more dear than money or money's
worth !