The Sun.
London, England, 1854-01-26 00:00:00

THE SUN, LONDON, THURSDAY EVENING, JANUARY 26, 1854.

thing, even the lives of the inhabitants are handed
over to the tender mercies of the Jturats, none of
whom could be challenged by the prisoner, save
on special motives, which should be set forth in
writing. And yet some of these very funds
who were to decide the great question of life or
death, had acted as magistrates in the first instance,
had been cognisant of the illegal evidence, the hear-
say testimony received, and had made up their minds
even before the prisoner's advocate had the oppor-
tunity of being heard in his defence. Mr. FALLA
protested strenuously agains t this grievous injustice.
He boldly declared that if he had the power of gene-
ral challenge, "he would certainly exercise it, with
respect to the magistrates who had sat in the examin-
ing court, and who had allowed themselves to be-
come acquainted with the illegal depositions which
had formed theground of the prisoner's committal,"
and designated the system as " a blot on the cha-
racter of the island, which had been specially re-
probated by the Royal Commissioners in 1846."
And yet it was by such means that one of her
MAJESTY'S subjects, while engaged in her service,
has been condemned to an ignominious and pain-
ful death.

We do not wish to charge these gentlemen with
being desirous of unfairly convicting the prisoner,
but they were necessarily biassed. They could
not, even with the best intentions, divest their
minds of the injurious impressions received during
that preliminary inquiry, in which it was their
business to ferret out the evidences of his guilt,
and place it in such order as to insure his subse-
quent conviction. It is not in accordance with
human nature that they should do so. We know
the quick and technical sense of felony by which
Crown prosecutors, policemen charged with the
conduct of a prosecution, and even committing
magistrates, are actuated. They reverse the ordi-
nary principle, and conceive, not that guilt is to
be established, but that innocence is to be clearly
proved. And yet an Englishman is condemned
by means of a system which appears founded on
very ancient precedent, but opposed to all modern
notions of justice.
" Onosius Ivec Rhadamanthus habet durissima regna,"
Castigatque audit que dolos, subigitque fateri."

They make up their minds to the punishment be-
fore hearing the accused, and " subig itque fateri"
they enforce a confession, or at least something
that may be twisted into a criminating admission,
by a species of moral torture.

We find the conduct on the trial bearing out
his view of the case. The bailiff, an accom-
plished and able lawyer, very clearly and distinctly
explained the various points of evidence, pointing
out the matters that were involved, in doubt, and
which could not legitimately be taken to bear
against the prisoner. After his elaborate charge,
which lasted nine hours, the Jurats, without the
slightest deliberation or consideration, delivered
judgments—previously written out—and in many
instances founded on matters which the bailiff in
his charge informed them were not proved. Thus
practically ignoring the assistance that they might
have derived from that impartial Judge.
We have thus pointed out briefly—for our
space materially restricts us in this matter—some
of the flagrant grievances to which the prisoner was
subjected, and which, under all the circumstances
of the case, should prevent the execution of the
sentence, even if his guilt was thereby established
as clear as noonday. We say that his death would
lie neithermore nor less than an act of legal murder,
for be it remembered that such is the jealousy of
the British law, that if a man condemned to death
Le executed by any other than the proper officer,
or in the mode prescribed by his sentence, it
Would be an act of murder.
But there is another and even a stronger
point in his favour, which is, that despite all
these disadvantages, and supposing that his own
interrogatory were fairly admitted against him, he
could not have been justly convicted of the crime.
The circumstances, however suspicious, are not
so conclusive to warrant a hostile verdict. It
:oust be borne in mind that there was not a particle
of direct testimony, not even a strong presumption ;
all were light presumptions, which might be ex-
plained, and many were by no means established
in proof. Under all circumstances, then, we feel
that this is a case where the Royal Prerogative
should be interposed in favour of the prisoner—
not on the ground of any general objection to
capital punishments—but, firstly, because a fair
trial was not given to the prisoner; and, secondly,
because his guilt was not by any means clearly or
satisfactorily established beyond the possibility of
reasonable doubt.

While thousands are on strike because they are
discontented with their wages, others can get
neither work nor wages. It is a fact, of which
some instances have come to our personal know-
ledge, that many industriously disposed and
steady workmen cannot get work. Good as trade
may be in most branches, all of them are not
equally prosperous. Operatives, like the hand-
loom weavers, nearly superseded by machinery,
and unable to turn to other employments, and
agricultural labourers in many districts, from
which emigration has not thinned off the best
liands, are frequently imperfectly employed. In
bad weather the latter are often sent home by the
farmer, who, if an improving one, may then find
it difficult to employ them ; and, if one of the
old school, has literally nothing for them to do.
It is lucky, indeed, for them if the bad weather
happens to be drifting snow, as railways and
roads may then need their services. When we
hear of the wages in agricultural districts, at all
times low enough, it should always be inquired
whether in-door work is provided when out-door
work is impossible ; if not, this may reduce the
pay, perhaps by one-sixth, taking the year
through. There is no class more deserving
to be pitied, and none with whom we believe
sympathy is more generally felt, than those
who would gladly work hard for something above
out-door relief allowance, but who through various
circumstances cannot find scope for their industry.
To thousands in this position it is useless to talk
of migration or emigration ; they want the pecu-
niary means or the knowledge, or the mental
c-apacity, or bodily vigour—it may be they want
all ; they can but plod, and they are willing to
plod ; they can dig, perhaps, and to dig they are
not ashamed ; they can throw the shuttle, and
are willing to do it, but steam can beat them at
that. What are they to do ? What, especially,
when the wages they can earn at the present price
of fuel and food, even if it be a fraction better
than parish pay, is not sufficiently better to pay
for the additional nourishment which labour,
compared with idleness, requires ?
It is in times like the present (exceptional
times we hope, through the mercy of PROVIDENCE)
that the necessarily rigid terms of Poor-law re-
lief must be administered under the guidance of
kindly, as well as prudential, considerations. It
is, no doubt, most essential that some stringent
and impartial test should guard the legal national
charity from imposition. As legal charity, how-
ever, practically diminishes voluntary charity, so
much it should endeavour, as far as possible, to
compensate to the truly needy for that of which,
to a large extent, it deprives them. Those who
receive money relief " out of the house" ought
to receive an amount fully proportioned to the
enhanced price of corn, and of fuel, too, at this
time of the year ; the latter being as indispen-
,;able to mere animal existence as food itself, it
being now so fully established that deficiency of
the one must be balanced by increase of the other.
The temporary, as we trust, high prices of food
and fuel bring with them much of the difficulty
of an extensive slackness of employment ; a diffi-
culty felt wherever any kind of work will not
afford high wages, while the wages previously
were but just equal to the support of the work-
man. The good sense and good feeling of the
local boards of guardians can alone be relied on
here. They may take counsel with the Commis-
sioners, but it is utterly impossible that any
central commissioners can have adequate know-
ledge of local peculiarities in times of difficulty.
If Somerset-house will be the sun of the Poor-
law system, it must yet consent to find the whole
country a prism exhibiting the original light in
very diverse colours.
May we- ,t Dr"-

. y not properly appeal, too, to Ministers of
Religion of all denominations, and to the denomi-

nations themselves, at times like the present ? We
know but too well how voluntary as well as legal
charity
,may be grossly abused ; we detest, more-
over, above all things, " soup-and-blanket " pro-
selytism, as Mr. LUCAS justly stigmatised it. We
remember the abominable impositions during the
horrible famine in Ireland ; yet is charity to the
poor a pre-eminently Christian virtue, one which
the bast ordered legal charity must always leave
scope for, especially in emergencies like these ;
and it is the virtue, moreover, which more than

sermons and services commends religion to the
multitude. The people are quick to discover
whether attention to their wants is the off-
spring of Christian sympathy with their
trials, or of. Sectarian zeal to augment de-
nominational numbers. In the latter case they
commonly reward it by deserting when the occa-
sion is gone by ; but in the former, whether they
are found at public worship or not, a kindly feel-
ing towards religion itself is lodged in their
hearts. There seems no reason why other sects
should not manage as well as the Quakers in the
time of the Irish famine. The moral effects of
their unproselytising kindness were of great
value, as well as the charity itself. Mr.
HORACE MA NN has just disclosed a case of painful
alienation, not neglect merely, on the part of the
poor, in regard to religion. Are not times of dis-
tress a kind of special opening for making them
sensible that the religion they neglect is their
most sympathising and generous friend ?

MONEY MARKET

AND
COMMEIWIAL INTELLIGENC'.

CITY, TWO O'CLOCK.
The sales of cotton at Liverpool yesterday were
estimated at 6,000 bales, of which 500 American
and 1,000 Surat were taken on speculation. The
market closed heavily at previous rates. The sales
comprised 4,000 American, 300 Egyptian at 6d. to
11d., 1,500 Surat at 3d. to 4id., and 70 Sea Island
at Is. sd. to 2s per lb. Railway shares were firmer.
In a report upon the fruit trade by Messrs.
Witherby and Hanson, it is stated that in currants
there are symptoms of reaction after the long con-
tinued depression. Raisins also have become in
more demand.

A meeting of an important character is now being
held, viz., for a semi-monthly postal steam com-
munication with Australia. The subject is of great
importance, and meets with general approval and
strenuous support. A large number of persons
recently from the colomy are in attendance. The
precise objects will be understood by'the following
circular :

" I am requested by the committee of this ass•ciation
to forward you herewith a copy of a letter addressed by
them to his Grace the Duke of Newcastle, on the sulject
of postal communication with Australia. Should you
coincide with the views expressed in the above letter,
may I solicit the favour of your co-operating with the
committee in their endeavours to induce her Majesty's
Government to abrogate the present anomalous postal
arrangements, and substitute others more in unison with
the growing requirements of our great colonies of the
South and the mother country. For this purpose, it
appears to the committee that the establishment of a
semi-monthly communication at a speed equal to that
maintained on other great postal lines is essentially
required."

The letters by the ship Hurricane, which brings
54,000 ounces of gold, are of so late a date as Oct.
The following is a statement concerning the mar-
kets at Melbourne :

" During the present week business generally in
Melbourne has been pretty brisk, especially in connec-
tion with the diggings, though some of the retailers still
complain of dullness, as compared with last year. Many
storekeepers have visited town, but have given orders
only for temporary supplies. This course they adopt in
consequence of their confident expectation that the
charge for carriage will shortly fall. When this takes
place, stores will be ordered in bulk. Provisiovs, bottled
fruits, preserves, and oilmen's stores, of which latter the
supply is not great, are all now in demand, and higher
pricer are given.

"There has been a considerable trade in beer during
the week, but the stocks are very large, and the scarcity
and high price of store-room cause it to be forced on the
market. It is likely, however, to keep firm. A num-
ber of merchants are holding firmly till the duty is
decided ; but it h offered very freely by others, and it is
more likely to fall than to rise. Ruin is firm, and case
gin is in demand. Whisky is not inquired for. There
is no change in the price of flour, but it is held firmly,
and a rise is expected. In sugar there is also an upward
tendon cy. "

The Gold report is encouraging. Mr. Edward
Khull, bullion broker, states—
•' Gold has steadily continued at 765. since the lower-
ing of the exchange, and a good amount of business has
been done during the week, principally for shipment
by the Hurricane. The fall in price here has bad a
like effect on the Sydney market. The latest intelli-
gence quotes the sellingiprice at 765. 6d. We would
notice that the apparent difference in the quoted price
of:gold here and in Sydney may arise from the fact,
that in the latter place the gold is generally sold by
auction to shippers, while here the business is trans-
acted by brokers, who buy from the diggers direct ;
and it is the price paid to them that is always quoted,
instead of the selling price to the shipper. This expla-
nation is rendered necessary, from inquiries having
been made by the home correspondents of some of our
commercial friends as to the discrepancy between the
price charged to them and that quoted in the journals
of the day.
"The quantity of gold from Mount Alexander and
Bendigo is again on the increase ; while that from all
the other fields is decreasing. A rush has taken place
at the Goulburn, to a new gully, which is reported
as turning out well. Some extravagant reports have
been circulated regarding the success of some diggers at
Ballarat, which, but for the inundation of the hole,
would have been rich beyond belief. It is stated that
steam-power is to be had recourse to for pumping out
the water, which perhaps will be more economical than
waiting its subsidence, seeing that such tempting prizes
are to be obtained as forty pounds weight to the bucket•
ful. When the steam-engine is in operation, and such
results realised, then will be the time for others to
follow the example.
Number of persons who have arrived in the
colony during the week
Number who have left .

1,007
• 289

Addition to our population 7lB

ox.
The Escorts brought from Mount Alexander
and Bendigo
Ballarat, including Geelong
M'lvor and Goulburn

35,563

Gold shipped from Victoria in 1852 1,942,491
Per Rockland to Callao
Per Ambrosine, from Geelong to London 49,291

1,993,282

Or 83 tons, 1 cwt. 6 lbs. 10 oz. at 75s £7,284,340

"Exchange on London : drafts against gold taken at
1 per cent. discount. The Banks advance from 50s. to
60s. per ounce. Freight of gold delivered at the Bullion
Office, London, 41d. per ounce. Insurance, 21 guineas
per cent.

The estimates were occupying much attention,
and there are just complaints of the largeness of
the expenditure compared to the efficiency of the
Government. The editor of the Argus very fairly
remarks, " we do not object to the expenditure,
only we say, let us have something like value for
the money."
At Fryer's Creek, Mount Alexander, the miners
were petitioning against the lease of land there,
worked by 500 persons, to the Port Philip and
Colonial Gold Company, while in summer as many
as 1,500 persons reside there for the benefit of the
water. It is to be feared the miners would offer
forcible opposition to the Company, and it is
evident the authorities will have to be on the
alert.

From Adelaide the accounts of October 20 no-
tice return of the Murray expedition, which had
been remarkably successful. On the sth October
there was a heavy fall of snow at Adelaide, al-
though in that month, usually, the hot weather
sets in.

The English Securities have been better in the
absence of fresh important news. The New 31 per
Cents. have been 91i to 91i, and the Three per
Cents. 90i to Bank Stock has been quiet at
215, and South Sea Stock at 115. Exchequer Bills
are Bs. to lls. premium.
In the Foreign Market the transactions have
been for a limited character, and there is no par-
ticular alteration in prices. Russian 5 per Cents.
have been firm at 103 k, but the 41- per Cents. after
being done at 88k, have given way to 87k.
Dutch 21 per Cents. are marked 601. Sardinian
Bonds have been at 86i, Buenos Ayres at 57, and
Brazilian New 5 per Cents. at 961. Spanish 3
per Cents. have given way from 40, at which they
opened, to 38i the present value.
Railway Shares have been much quieter, and
there has been uo uniform movement in the quo-
tations. Eastern Counties have been rather better,
Caledonian are steady, Great Western, Midland,
and some
.others still rather heavy. In French
Shares there is still a want of buoyancy.
The last week's railway receipts ascertained up
to this day are in round figures as under

1854. 1853.
Great Western
North-Western 47,201 44,033
South-Western
Brighton
South-Eastern. 13,016 12,181
Caledonian, and Edin. and Glasgow 13,110 11,983
Great Northern
Lancashire and Yorkshire . 17,431 16,537

The current prices for the Jamaica Mines not
officially quoted as follows :--Jamaica, par to
prem. ; Metcalfe, to prem. ; Sue River, f dis-
count to par ; Port Royal, k to .11 prem.
The Gold Mine shares are firm generally ; the
Australian Banks have improved a little ; and the
Land Companies' are still rather depressed.

BRITISH FUNDS THIS DAY AT ONE O'CLOCK.
( From the Official List. )
Business done.
Bank Stock
3 per Cent. Reduced Annuities 9Ol
3 per Cent. Consols Annuities 904 f 1 a
New 31 per Cent. Annuities
Long Annuities, Expire sth Jan., 1860 -16
Ditto 30 Years, Expire sth Jan., 1860 4 15-16
South Sea Stock
Consols for Account 15th Feb. 9JI Pi
Exchequer Bills, Id.
£5OO 8 11
Small 8 11
PRICE OF FOREIGN FUNDS AT ONE O'CLOCK.
New Brazilian Boucle 1820 dt 39, 5 per Cont 96,i
Buenos Ayres Bonds, 6 per Cent 57
Mexican 3 per Cent.
Peruvian Bonds, 4i per Cent.
Russian Bonds, 1822, 5 per Cent. £St lO5l
Ditto 4} per Cent BBs 74
Sardinian Bonds, 5 per Cent.. ......
Spanish Bonds, 3 per Cent 4O 38i
Dividends on the above payable in London.
Dutch Exchange, 2i per Cent. 12 Guil 6O
Ditto 4 per Cont. Certificates

HALF-PAST TWO.

Consols 92 I
Ditto February Account

AMERICA.

(BY ELECTRIC TELEGRAPH.)
ARRIVAL OF THE ALPS.

LIVERPOOL, ThunsDAy, 10.45.1. M.
By the screw steamer Alps we have advices from
New York to the 14th inst.

The steamer Baltic, from Liverpool, arrived at
New York on the 12th inst.

The ship Three Bells had arrived at New York
with 230 of the survivors from the wrecked steam-
ship San Francisco.

There was no news of importance from Wash-
ington.
The New York stock market was depressed.
No alteration in the money market.
Flour in good demand at slightly advanced price.
Wheat was also dearer.

Indian corn in good demand, at 87c. to 88c. for
new Jersey, and 83c. to 84c. for inferior old
Southern.

Freights to London firmer.
_ _ _ _

The ship Chauncey, Jerome, jun., from Liver-
pool for New York, was ashore near the Islands
below New York, with her back broken and badly
bilged. Crew and passengers saved.

LATEST FOREIGN NEWS.

RUSSIA AND TURKEY.

The following telegraphic despatch, dated Vienna,
Wednesday, has been received :
" Very tranquillising advices have been received
from St. Petersburg, of the 18th inst.
" The Czar is reported to be inclined to accept,
though conditionally, the basis of a project of
peace.

" The Czar declines the responsibility of de-
claring war.
" People at Vienna think that this will secure to
him the support of the German Powers."
The following is from Constantinople, Jan. 16 :
" There is a report that the Russians have taken
Kars.

" The combined fleets were at Sinope and Varna.
" Armaments continue.
" The Czar's answer to the Turkish propositions
is not expected till the middle of February.
" Persia will, it is now said, remain neuter.
" The Porte is sending additional reinforcements
to Batoum for the army in Asia."
Letters from Berlin to the Pays state that the
last news from St. Petersburg has greatly excited
the Prussian Government. The feeling of the
Czar was still against the propositions of France
and England, mad but little hope is entertained
that the note will be accepted. Well-informed
statesmen, however, think that the Czar, while he
adheres to his resolution to treat alone with Turkey,
without the intervention of any other Power, will
nevertheless give an evasive answer, so as to allow
him not to recal his Ambassadors from London and
Paris. He will also try to make some new attempts
at the German Courts, and throw on the Western
Powers all the burden of events in the Black Sea,
as regards any new act on their part tending to a
declaration of war, and the signal of an open rup-
ture. His overtures with a view of bringing about
another interview between the three Sovereigns
were received at Vienna, and more especially at
Berlin, with great reserve.

Official advices from St. Petersburg, of the 16th
inst., state that the Emperor makes no immediate
cases bclli of the entrance of the combined fleets
into the Black Sea. He awaits a written communi-
cation touching the object and import of the
measure.

The semi-official Prussian Correspondence pub-
lishes an article respecting the excitement of the
money market. After denying the rumours re-
specting the recal of the Russian ambassadors from
London and Paris, it states that nothing justifies
the supposition that the Cabinet of St. Petersburg
had resolved to reject the proposition of arrange-
ment transmitted from Vienna. On the contrary,
there is good reason for believing that the Czar, out
of regard for the friendship and mutual confidence
existing between himself and the great German
Powers, will not refuse to take into just conside-
ration the conciliatory representations which have
just been addressed from Berlin and Vienna to the
Court of Russia.
Advices direct from St. Petersburg of the 17th,
state that a ukaso has been issued calling the sea-
men of the Baltic fleet to rejoin the ships iby the
15th of March. The concentrations are to take
place at Cronstadt, Royal, and Sweaborg.
It is confirmed (says the Vienna Lloyd of the
22d) that an issue of 60,000,000 paperroubles is
to be made at St. Petersburg to meet the charges
of the war.
The Patric states that since the Vienna protocol
of Jan. 13, the Cabinet of St. Petersburg has de-
manded of Austria and Prussia a decided and
formal declaration of their intended course of

action.
The Indepoulance contradicts the report that
England and France had sent a note to the Cabi-
nets of Vienna and Berlin calling upon them to
abandon their neutrality and take a decided atti-
tude.

On the 7th two steamers of the English fleet ap-
peared before Sebastopol, to announce officially to
the Admiral there that the fleets had entered the
Black Sea, having left the Bosphorus on the 4th.
The two steamers then departed to join the
fleets, which were to sail towards Batoum. Since
then no vessel—French, English, or Turkigt—had
been seen before Sebastopol.
The Russian fleet was distributed at different
points.

A despatch from Bucharest, dated Jan. 19th,
states that two thousand Turks crossed the Danube
at Kallarasch, and killed the Cossack outposts.
Russian reinforcements were arriving. The Turks
retired to the right bank.
A later despatch from Bucharest, dated Jan. 21,
says—General Aurep has been commanded not to
attack Kalafat until further orders, when Prince
Gortschakoff shall have returned from his country
inspections.
Advices from Krajowa, of the 21st inst., state
that Prince Gortschakoff will remove his head-
quarters to Boleschti.
A renewed expedition against Kalafat was shortly
expected.

The report that the Russians had crossed the
Danube at Silistria was not confirmed.
The Turks crossed the Danube near Turnul. An
engagement ensued. The Turks returned to
Nikopoli.
The Russians had returned to Galatz, from an
expedition to the right bank.
A telegraphic despatch from Hermannstadt an-
nounces that Prince Gortschakoff had arrived at
Radowan on the 21st. The concentration of
General Aurep's corps was completed. This de-
spatch confirms the rumour mentioned in the
Krajowa advices as to a fresh movement against
Kalafat. The reported movements of the Russians
on or across the Danubo at Reni, Matschin, or
Silistria, were considered of little military im-
portance.
From Adrianople, Jan. 6, we learn that all the
preparations are made for the arrival of the Sultan,
which is to take place in March. Numerous articles
of furniture, as also 800 domestics and 500 horses,
have already been despatched. The retinue of the
Sultan will consist of 1,000 persons.
A Belgrade despatch of the 10th Jan. says that
Izzet Pacha demanded the expulsion of all Russians
from Servia, and that the Russian Consul Muchin
should discontinue his visits to Belgrade. Com-
pliance has been refused, and great excitement
prevailed.
The Independance of Brussels publishes a tele-
graphic despatch from Trieste, founded on intelli-
gence brought by the overland India mail, in which
it is said that the Persian port of Bushire is blockaded
by a British corvette, and that a schooner and war
steamer had also been sent into the Persian Gulf.
A bulletin published at St. Petersburg on the
17th inst. shows that the Russian troops in Asia
are in winter quarters, within their own frontiers,
and that at present no military operations are in
progress.
The grand attack upon Kalafat appears to have
been fixed for the 18th of January, the day of the
baptism of the waters. It was immediately after
that religious ceremony that the Russian army,
still under its impression, was to march with the
banner of the Cross displayed against the Turks.
It is estimated that the capture of this place (if
captured) will cost the Russians at least 10,000
men. There was much discouragement among the
troops in consequence. °wing to the defeat on
the 6th, however, it is probable that the day was
postponed.
The Russians estimate their forces in Lesser
Wallachia at 44,000, and those of Ismail Pacha in
the entrenchments and on the islandat from 25,000
to 30,000, but these numbers appear exaggerated.
We have just been informed that on the 6th, near
Kalafat, the Turks achieved a success. A great
number of killed and wounded was reported, and
the capture of 29 guns. The Russian bulletin had
not yet been issued.