The Sun.
London, England, 1854-03-16 00:00:00

THE SUN, LONDON, TI URSDAY EVENING, MARCH 16, 1854.

FUTURE GOVERNMENT OF JAMAICA.

the liquidation of the Said island debt to the
extent of 500,0001. nor until this Act shall have
received her Majesty's royal assent ; and a procla-
mation of such assent having been given stall be
made by the Governor, and upon and immediately
after such proclamation, this act, and every article,
clause, matter, and thing therein contained, shall
commence and take effect. Provided, never-
theless, that such assent shall be given, and
such proclamation made, within twelve calen-
dar months next after the passing of this
act." There can be no doubt that the Impe-
rial Government and Legislature will cordially
concur in giving effect to the wise and salutary
changes which the Assembly has so frankly adopted ;
and we confidently trust that the operations of the
reforms so judiciously suggested by the Secretary
for the Colonies, and so promptly accepted by the
local Legislature, will be speedily visible in the po-
litical, social, industrial, and commercial progress
of one of our most important colonial dependencies.

invitation, and he should not have gone there this time
had he not been requested.
The complainant gave the most unqualified denial to
the statement made by the prisoner, who was then re-
manded for the attendance of the complainant's father,
who left London the same morning.
Robert Cheshire, the driver of his own cab, was sum-
moned for using a horse unfit for hire.
Mr. Charles F. Chubb said that he had bee spending
the evening with some friends on Wednesday last, and
was returning home about two o'clock in the morn-
ing, when he hired the defendant to drive him to
Battersea, from the stand at the Cheapside end of St.
Paul's-churchyard. He did not notice if the horse was
in a fit state to perform the journey, but got into the
cab, and soon fell asleep. When he awoke he saw the
driver leading the horse at a walking pace ; but not
being in a hurry he went to sleep again, from which he
again awoke to find the driver still leading the horse in
Pimlico. He remonstrated with defendant, and told
he was going a long way round, but the defendant only
sail the horse was tired, and would soon he better, upon
which assurance comp'ainant once more gave himself up
to slumber, and the next time he awoke it was only to
find the horse at a stand still, and a policeman deliver-
ing his opinion to the effect that the animal was
"baked," and complaint was, therefore, obliged, at five
o'clock in the morning, to get out in the middle of
the King's-road, and to walk home over Battersea-
bridge.

(From the Morning Chronicle.)

The views which the Duke of Newcastle se ably
and perspicuously stated, towards the close of last
seasion, with reference to the future government
of Jamaica, and which received the unanimous
approval of both Houses of Parliament, have, it
appears, likewise met with the concurrence of the
Assembly of that island. The intentions then ex-
pressed by the Colonial Secretary have been em-
bodied in a bill, "for the better government of
the island, and for raising a revenue in support
thereof ;" and that measure now awaits only the
decision of the Legislative Council to become law.
There can be little doubt that, in nearly all its
most important provisions, it will obtain the as-
sent of that body ; and, in order to facilitate this
result, the Assembly has passed a resolution to
the effect that it will not, iu this instance, insist
on its right of refusing to entertain amendments,
on the part of the Council, in the money clauses of
bills which it has sanctioned.

LAW INTELLIG ENG E.—March 15.

The main object of the measure is to transfer
the executive functions hitherto exercised by
the House of Assembly, and by various boards,
to a committee of four salaried officers, to be
nominated by the Governor—three of whom are
to be selected from the House of Assembly, and one
from the Legislative Council. This committee "shall,
together with the Governor, constitute and form a
body, to be called "Ile Board of Executive Com-
mittee,' of whom three shall be a quorum ;" and
this board shall performall the duties, and be clothed
with all the powers and authorities previously im-
posed on, or vested in, the Commissioners of Pub-
lic Accounts, under the local Act of 15 Geo. 111.,
and other measures of the Colonial Legislature.
By the 17th clause of the bill, " The right now ex-
isting in every member of the House of Assembly
to propose a vote of money shall, from and after
the appointment of the Executive Committee, un-
der certain limitations, " cease and determine ; "
and it shall not be lawful for the House of As-
sembly " to originate or pass any vote, resolution, or
bill for the imposition or appropriation of any tax
or impost, to or for any purpose, which shall not
have been first recommended by a message of the
Governor to the said House of Assembly, or by
the Executive Committee for the time being."
And further, " the sole and exclusive power of
proposing or originating any vote of money shall
vest in, and be exercised by, the Governor, by
message to the said House of Assembly, or through
the Executive Committee for the time being, as
such organs of Government, or by one of them,
under the authority and direction, awl upon the
sole responsibility, of the Government."
The 21st clause of the measure, defining the
duties of the Executive Committee, and the limits
of their authority, is as follows .—" The duties of
such Executive Committee shall be to assist the
Governor in preparing the annual estimates, in
levying and disbursing the public moneys, and in
the general administration of the finances of the
country ; and it shall be the duty of the said
Executive Committee, when they shall be required
so to do, collectively and individually to advise and
assist the Governor in the general administration
of the affairs of this island. And, in like
manner, when so required by a minute, in
writing, under the hand of the Governor, to give
their opinions and views in writing, and at Urge,
on all matters submitted to them ; and, in like
manner, it shall be the duty of the said. Execu-
tive Committee, and of every member thereof, when
so required, in writing, as aforesaid, to advise on,
prepare, and perfect all estimates, ways and means,
papers, messages, answers, bills, ai.d other proceed-
ings which the Governor shall deem advisable to
be submitted or communicated to either branch of
the Legislature, or to any person or persons whom-
soever ; and it shall be lawful for the Governor, by
a minute in writing under his hand, which minute
shall be published in the Gazette, by authority, and
also transcribed in the books of the said Executive
Committee, to direct and appoint that the service
of any particular part or parts of the general ad-
ministration of the island be performed by any par-
ticular member of the said Executive Committee,
and, by a like minute, to be published and tran-
scribed as aforesaid, from time to time, to vary
or alter the particular service of any such member
of the Executive Committee. And it shall be the
daty of each member of the Executive Committee,
to whom, from time to time, such particular
service shall be appointed, to executive and per-
form the same accordingly. Provided neverthe-
less, that, notwithstanding anything herein con-
tained, the Executive Government of this island
shall continue to be discharged by the Governor,
and on his responsibility, in the same manner as
heretofore it has been, either when the Governor
has heretofore acted alone or by and with the
advice of his Privy Council. And provided also,
that nothing herein contained shall vest, or be
construed to vest, in the said Executive Committee,
any right or power of appointing to any office ;
but the whole patronage and right of making all
such appointments shall continue in the Governor
as heretofore."

COURT OF CHANCERY.
FORCES V. LIMOND.

This appeal from the Vice• Chancellor Stuart was
opened on Wednesday last, and the arguments were
continued to-day. The question was whether the defen-
dant, as trustee of a deed for winding up the affairs of
Messrs. Lyall, Mattheson, and Co., of Calcutta, was
liable to the plaintiffs for a 10 per cent, dividend on two
bills for 2,0001. and 1,6631. that sum having been paid
to the other parties to the deed. The Vice-Chancellor
held that the defendant was not liable, because there
was no proof of the plaintiffs accession to the deed, and
because they afterwards received dividends on the whole
amount of their debt from the official assignee in
insol% ency.
The Solicitor-General, Mr. Lewis, and Mr. Willes
were heard for the appellants.
Mr. James and Mr. Hemming in support of the
decree.

The defendant said the horse had been a journey to
Brixton and back that evening, and was therefore very
tired ; but in the morning he called in the veterinary
surgeon, who found the horse had been suddenly seized
with inflammation of the lungs, from which it died on
the following day.
The complainant said, under those circumstances, he
would not press the charge, believing the defendant had
already suffered sufficiently in the loss of his horse.
Alderman Muggeridge said, as it was not proved the
horse was not fit for work at the commencement of the
journey be must dismiss the summons for want of juris-
diction, ac, if there was any offence at all, it took place
in Westminster.

The reply of the Solicitor-General is to be heard on
Saturday next.

SOUTHWARK.—Robert Blakely, cab-driver, badge
No. 11,197, was summoned by Henry Rogers, inspector
of cabs inside the Brighton Railway Terminus, London
Bridge, for assaulting him in the execution of his duty,
he having prevented the defendant from exacting from a
lady more than his legal fare.
The officer stated that recently the Brighton Railway
Company had opened their terminus for the reception of
all cabs, and witness was employed to regulate them
and prevent confusion. When the three o'clock train
arrived at London-bridge on Saturday afternoon, the
defendant was on the rank near the platform with his
horse and cab, and a lady we, top to him and requested
him to drive her to the Eastern Counties Railway Sta-
tion, Shoeeditch. The defendant demanded two shil-
lings of her as his fare, when the I dy appealed to wit-
nes,, asking if such was his legal fare T He went up to
the defendant and told him that his fare was only
eighteen pence, and requested that he should take the
lady for that. The defendant became very insolent, and
refused to take the lady, when he ordered him to quit
the terminus. Instead of ‘'oing so he drove to the fur-
ther end of the station ; and while witness was endea-
vouring to prevent him from taking another fare, he
tried to run over him, and it was with sonic difficulty
that he could get out of his way. Witness then got on
the platform, when the defendant drove alongside and
struck him with his whip, and drove away.
Mr. Wontner said that he did not deny the facts
spoken of by the officer, and his client expressed his
regret that he should have acted so foolishly.
Mr. Conibe said the company, in bringing forward the
present charge, had acted very praiseworthily in pro-
tecting the publics from frauds. He should fine the
defendant 10s, and costs, and in default commit him for
seven days.

VICE-CHANCELLORS' COURTS.

IVENS AND ANOTHER V. ELWES AND OTHERS.
The question in this case was, whether the effect of the
recital of a debt in a deed executed by the testator (there
being no covenant or agreement to pay the debt) was a
sufficient acknowledgment of the debt to keep it alive as
a specialty debt, and take it out of the Statute of Liuii-
tations, under 3.1 and 4th William IV., c. 42.
The arguments were commenced but not concluded
when the Court rose.

FDLLARTON V. ROWLAND.
This case has been mentioned upon former occasions,
upon a motion for an injunction to restrain actions by
Dr. Rowland against bankers for the recovery of money
placed to his account. The plaintiff alleged that she had
lent the money to Dr. Rowland to assist in founding a
hydropathic establishment near London, which had not
been carried into effect. At the hearing the defendant
intimated that he had no object'on to an order being
made, it being fully understood that he in no way ad-
mitted the truth of the plaintiff's altegations against him.
Mr. Tripp now mentioned, on behalf of the plaintiff,
that it had been arranged by consent that all further
proceedings should be stayed, the terms on which this
should take place being agreed to.
His Honour now made an order sanctioning the ar-
rangement.

Mr, Chandless, Mr. Rogers, Mr. Surrage, and Mr.
Rawlinson appeared for the defendant and other parties
interested.

.211IDDLESE.X SESSIONS—March. 15.

(Before Mr. Serjeant Adams, Assistant-Judge.)
_Henry Joseph Perry, a respectable-looking lad, was ir-
dicted for having stolen half a 10/. note, the property of
the Wesleyan Reform Association. Mr. Parry appeared
for the prosecution.
From the evidence it appeared that the prisoner had
been employed in the office of the Wesleyan Reform
Association, but was dismissed about three weeks before
this transaction. On the 24th of January a letter con-
taining half a 10/. note was sent to the ass-ciation by a
gentleman named Kershaw, of Gornersall, Yorkshire.
This letter never reached its proper destination, and
the prisoner subsequently went to a person in the
employ of Mr. E. T. Smith, the lessee of Drury Lane
Theatre, and asked for an advance of money on the
half note, stating that he was a son of Flexmore, the
clown. The servant declined to comply with this re-
quest before speaking to Mr. Smith, and the prisoner
said he would call again. Mr. Smith was informed of the
application, and when the prisoner repeated his visit,
he saw him, and suspecting that some fraud was con-
lemplated he gave him into custody. The half note was
afterwards found to be that which had been stolen with
Mr. Kershaw's letter ; and the statement about Mr.
Flexmore of course proved to be a false one. The pri-
soner stated, at length, that a man in the Commercial-
road had made him almost drunk, and had told him what
to say and do in the affair.
The jury found the prisoner guilty.
Mr. Parry said the prisoner was a very bad boy. The
gentlemen connected with the association dismissed him
for stealing seine hymn books, and his father was not
aware of his dismissal until three weeks afterwards. He
had been addicted to keeping late hours, and had made a
groundless accusation against one of the gentlemen, to
the effect that he had been in the habit of taking him
out to masquerades.
It was suggested that a reformatory institution would
be the best place to send him to.

WESTMINSTER.-- Thorny): zOoodert, a boy 16 years
of ago, wax charged with btabbing Robert Faulkener, a
lad of about the same age.
Three witnesses were examined, from whose testimony
it appeared that the accused and the wounded boy were
employed at the Westminster Marble Works. On Tues
day, Faulkener and Hannan both took some work to do
at the same tine, and there was some rivalry between
them as to which would complete the task first. Hannan
succeeded in accomplishing his two or three minutes be-
fore the other, and Gooden jeered and taunted Faulkener
upon the circumstance, until the latter threatened to
" give him something " when they got out into the
street. The day's work being over, Gooden, Faulkener,
and 60 or 70 others left together, when Faulkener
pushed Gooden and struck him in the ribs, upon which
Gooden took a large clasp knife from his pocket, and
opening it declared with a filthy expression that he would
stab him. Faulkener threw his arm round the other's
neck to disarm him, when Gooden plunged the knife
into his belly, and with his bowels protruding in his
hands, the wounded boy, aided by Hannan, was taken
to the surgrry of Mr. Pearse, 10, Regent-street.
Mr. G. Pearse proved that on the boy coming to him,
he found a large quantity of his intestines protruding
from a wound in the left side of his belly. He returned
.the intestines and dressed the wound, which was an inch
and a quarter in length. It had been inflicted upward,
and the knife might have penetrated an inch and a halt.
A fatal result being apprehended, the wounded boy's
deposition was taken by Mr. Arnold at his father's house,
and the prisoner was remanded.

THAMES. —John Mitchell, a coal-whipper, 40 years
of age, was charged with violating the person of his step-
daughter, Mary Ann Daley, aged 12 years.
The girl who was sobbing loudly during a great part
of the investigation, said that her father, as she termed
the prisoner, came home on Tuesday afternoon rather the
worse for liquor. Her mother was then from home. He
took hold of her and placed his hands about her person in a
way that frightened her very much indeed. She tried to
get away from him, on which he offered her 6d. to lie down
on the bed with him. She said she did not want to lie
down, on which he begun pulling her about again, and
tore her frock. He then threw her upon the bed, and
got upon it afterwards. (The girl then described the
criminal assault committed upon her. The magistrate
had much difficulty in eliciting the particulars. Her
evidence left no doubt that gross violence had been used
towards her.)
The prisoner said he had been the best of fathers to
the girl for nine years. He sent the girl on the Tuesday
on a few errands, and went to meet his wife, the girl's
mother, who was employed daily in High Holborn, but
he missed her. On returning home he was astounded
by the landlady's accosting him, and saying, " Oh, Mr.
Mitchell, we have had a nice job with your daughter.
She was lying on the floor drupe, and we had to carry
her to bed." He laid down on the bed, and was aroused
by the girl's mother, who frightened her daughter into
making the charge.
The prisoner's wife, who appeared very indignant,
here exclaimed, " It is false, it is false, you villain, and
you know you have ruined my poor daughter."
The girl was recalled—She said her father sent her
out for a qnartern of rum, and gave her part of it,
and then sent her out again, and it took elect upon
her. After her father had gone out she fell down
in the passage, aid was carried to be.l. When her
mother came home she was fast asleep, and her father
was fast asleep on the be I alongside of her. In conse-
quence of what her mother saw [the girl described cer-
tain appearances] she awoke her, and asked her what
her father had been doing to her. She was too frightened
to tell her at first, but her mother compelled her to to
so, and she related all that had occurred in the presence
and hearing of t e prisoner, who said nothing.
Mr. Alex. Carson, surgeon, of No. 121, Cock-hill,
Rateliff, who had been called in to attend the girl, found
her in considerable pain, and his examination of her, the
result of which he described at length, left no doubt that
recent violation had taken place, and that she had sus-
tained considerable injury.
Charlotte Cooke, the landlady of the house in which
the priscner and his wife have been living, said the girl
was brought home tipsy, between 6 and 7 in the evening,
and she put her to bed. When the prisoner came home
he said, " Where is my Polly V' Witness said she was
up stairs, and asked him if he had given her anything.
He said he had not, and affected to be surprised when in-
formed the girl was in liquor, and went up stairs, where
he remained.

The 22d clause, setting forth the Ministerial
agency of the Executive Committee, declares that
one or more of that body "shall, in their respective
Houses of Parliament, be the official organs of
the Governor for all intercommunication between
the Governor and such Houses respectively, and
for the authoritative disclosure of the po-
licy of the Government on all questions,
political, financial, and administrative, which
from time to time may therein respectively be-
come the subject of consideration and discus-
sion." A proviso is added, to the effect that it
shall not be imperative on the Government, or on
their official organs, to make any disclosure of such
policy.

The Assi;tant-Judge regretted that there was no place
in existence to which he c mid send him. It was to be
hoped that there soon would be. He should remand
the prisoner, and in the meantime apply to Capt. Wil-
liams on the subject.
The prisoner was then remanded.
Nathaniel Archer, a gentlemanly-lookinEr man, sur-
rendered to take his trial on an indictment charging him
with having indecently assaulted police-constable 315 N
division.

Mr. Ballantine appeared for the defence.
The evidence of the prosecutor was of a peculiarly dis-
gusting and revolting nature.
The learned counsel for the defence denounced the
charge as a base and infamous concoction on the part of
the prosecutor. He was proceeding to point out some
important inconsistencies in the policeman's evidence,
when

The present bill proposes no change in the consti-
tution of the House of Assembly. But it enacts
that the Legislative Council shall, in future, be
composed of seventeen members, five of whom—in-
cluding one member of the proposed executive com-
mittee—may be holders of offices of emolument ;
and the nomination of the members of the Council
is vested in the governor—subject, however, to the
paramount authority of the Imperial Government
to appoint or remove as it may think proper. This
Council shall " use, exercise, and enjoy the same
powers, privileges, rights, and immunities, as the
present Council of the island, when sitting as a legis-
lative council," have hitherto exercised and en-
joyed, together with such other rights, privileges,
and immunities," as are conferred upon then by
too new act. They are deprived, by the 14th clause,
of their functions and privileges as a privy or ad-
ministrative council, or as a judicial body ; but, by
clause 4, they are enabled. to " Use, exercise, and
enjoy the like political powers and authorities of
initiating or originating any legislative measures
(provided such measures shall not involve the im-
position of taxes, or the appropriation of the public
money) as are used, exercised, or enjoyed by the
House of Lords in Great Britain." The qualifica-
tions of the members of the Executive Council are
thus defined :—"No person, except the five holders
of offices of emolument, as aforesaid, shall be sum-
moned to the Legislative Council, unless he shall
be possessed, in his own right or in that of his wife,
of a freehold estate in this island of the annual
assessed value of 3001., or upwards, or shall pay
taxes, public and parochial, to the extent of 301.
on real property in this island, held by him in his
own right, or in the right of his wife, or to the
extent of 50/. upon property, real and personal, in
this island."

The Assistant-Judge interrupted, and took the opi-
nion of the jury as to the necessity of Mr. Ballantine to
proceed further.
The jury intimated they were quite satisfied, and that
no imputation whatever rested on the defendant.
Verdict—Not Guilty.
Mr. Ballantine said proceedings would be taken
against the policeman.
The defendant left the court with a large number of
friends.

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT—MAnca 15.

At the sitting of the Cro ourt this morning,
Mr. Justice Wn.Y,littnan said that, in consequence of a
communication which he had received, he feared that the
new commissioner would not arrive before Friday ; and,
therefore, it would be better to say at once that the
Nisi Prius business would not begin till Saturday, and
that then the Court would take only common-jury
causes, and that the special jury causes should be made
remanets till the next assizes, unless the parties agreed t•
change the venue to Gloucester.
Mr. Keating suggested that the Court might, under
the statute in that behalf, take one day from the num-
ber fixed for Shrewsbury, and continue here till Tues-
day, instead of leaving on Monday, according to the pre-
sent arrangement.
His lordship acceded to this suggestion, and so the
commission-day for Shrewsbury will be postponed from
Monday to Tuesday.
It was arranged that one of the special jury causes in
which the parties have agreed as to the facts, and in
which the only question is one of law, will be taken as
a common-jury cause, and so saved from further delay
or expense.
It is confidently said that one of the leaders of this cir-
cuit will be the new judge. This rumour is circulated with
so much circumstantiality that it is almost universally
believed. There can be no doubt that any of the learned
gentlemen who now have the leading business on this
circuit would be eminently qualified to fill the vacant
seat ; but of one of them in particular, it is said that the
Chancellor, in whose hands exclusively this appoint-
ment rests, knows him well, and believes him to be one
of the best lawyers at the common law bar.
Mr. Whateley, Q.C., and Mr. Keating, Q.C., assisted
to-day in trying prisoners. • '

Mr. Ingham committed the prisoner for trial.

We have said that there are to be only five
salaried members of the Legislative Council ; but
this is a prospective arrangement, which is not
intended to affect that body as at present consti-
tuted. At this moment, six of its members hold
offices of emolument—viz., the President, the
Major-General Commanding the Forces, the Bishop
of the Diocese, the Chief Justice, the Attorney-
General, and the Hon. Mr:. Turner. The bill does
not propose to deprive these functionaries of the
seats which they now hold, but merely suspends
the power conferred upon the Council of originat-
ing legislative measures, so long as there shall be
more than five members of the body holding offices
of emolument.

THE COAST GUARD. —At all the coast guard stations a
boat's crew of the oldest hands are retained, in order that
the stations should not be entirely under the control of
inexperienced persons,

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CROWN COURT.
(Before Mr. Justice Wightman.)
Samuel Johnson was indicted for the wilful murder of
Mary Johnson, alias Walsh, on the 17th of October, at
West-Bromwich.
Mr. Huddleston conducted the prosecution, and Mr.
Scotland the defence.
The prisoner and the deceased had cohabited for some
time as man and wife, and both having gone to a neigh-
bouring fair or wake, unknown to each other, and there
accidentally met, they went with some frienls to drink
at a public•house. Some words having arisen between
them, and deceased having abused him and kicked at
him, he gave her two violent blows with his fits on her
forehead and another on her side, which killed her on
the spot.
Gui►ty of manslaughter, and sentenced to transporta-
tion for life.

The rest of the measure has reference to the
manner in which it is proposed to raise a sum of
27,5001., which is to be paid annually by the
island, for a period of thirty-three years, in liquida-
tion of the principal and interest of a loan of
500,0001., to be advanced by the Mother-country,
at the rate of 31 per cent. ; and provision is also
made for obtaining a further sum of 25,0001. annu-
ally, " towards defraying certain expenses of the
Government of this island." These payments are
to be secured by a duty of Si., upon every 1001. of
the value of all " live and dead stock, goods, wares,
and merchandise," imported into the island of
Jamaica—which duty is to be levied so long as the
respective sums of 27,0001. and 25,0001. shall be
payable ; but, after the annual payment of the
former shall have ceased, the duties on the above-
mentioned articles are to he reduced to 21. per cent.
on their value.

It was to ensure the introduction of a measure
for the establishment of responsible Government,
and also to release the colony from the " dead lock"
which had supervened from the want of harmony
between the House of Assembly and the Legisla-
tive Council, that the Colonial Secretary proposed
the above-mentioned loan of 500,0001. on the part
of the Imperial Government. The anal clause of
the present bill specifies the conditions on which
the contemplated change in the Constitu'ion of the
colony is based. It is as follows This act shall
not conic into operation until an act shall have
passed tae Imporial I.?arliamcnt of Great Brit:Lin,
pledging the guarantee of the 'United Kingdom for