The Sun.
London, England, 1849-12-21 00:00:00

. -
LONDON, FRIDAY x-:;74
glarta: •
DECEMBER 21, 1849.

NATIONAL LOAN FUND LIFE
ASSURANCE SOCIETY.
26, CORNIIILL, LONDON.
Capital .£500,000. Empowered by Act of Parliament.
The leading features of the Society are guaranteed of an ample
Proprietary Capital.
Moderate Rates of Premiums.
Two-thirds Premium Loaned to the Assured.
Annual Division of Profits.
Half the Premium may remain as a Loan for Five Years.
Extensive Travelling Leave granted, without extra Premium. •
Moderate extra Premium for Residence in Tropical Climates.
N.B. The last Annual Bonus to the Assured varied from 27 to 65
per mitt. (according to age) on the PremitunS ?aid.
Examples of Bonuses already Declared, and Options.

PUBLICATIONS.

NEW STORY OF SCOTTIS!I LIFE.
Now ready at all the Libraries, in 3 vols.,
PASSAGES IN THE LIFE OF

~ ; 1 Penna. Sum the
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Age. is ductiau ‘,l may bor-
; . mium. out in I. "14 Cash. I Annual I row on
w Assured.
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1837 276 14 3.158 14 3 21 7 2,593 6 S
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•
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sr any of its branches in the country ; or, en application. will be for-

Henry Colburn, Publ.sher, 13, Great Marlborougli-street.

YOTICE!
Now ready at all th 3 Librarle9,
FLIES IN AMBER.
By MISS PARDOE.
Authoress of " The City of the Sultau," " The Pretty Woman," &c.

3 vols
And oa Monday next,
SCENES OF THE
CIVIL WAR IN HUNGARY,
In 1849-9 ; with the Personal Adventures of an Austrian Officer In
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warded

!tugs& witk tables of rates,
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t free.

W. S.

B. WOOLHOUSE, Actuary.

THE NATIONAL MERCANTILE LIFE
• and FIRE INSURANCE SOCIETIES,
POULTRY, MANSION-HOUSE, LONDON. .
Under the same official management, but with separate capital and
liabilities.
'ItRORERT WILCOION, Esq., Chairman (Life Office.)
WARES PEEK, Esq., Chairmaa (Fire Office.)
}Edward Baker, Esq. (Gale, Baker, Ward, and Oldffold.)
}George Cursharn, M.D., Saville-row.
*Charles James Jones, Esq. (William and Thomas Jones and Co.)
*t William Lawson, Esq. (Trower, Lawson, and Trower.)
*John Hair, Esq. (John Mair, Son, and Co.)
}George Moore, Esq. (Groucock, Copestake, and Moore.)
Milner!) Nicholson, Esq. (J. and W. Nicholson and Co.)
*}Giles Redmayne, Esq., New Bond street.
}Peter lOU, Esq. (Brockelbank and Rolt.)
*Hananiah Teape, Esq. (Wiggins, Teape, and Loder.)
The names marked t are Directors of the Life, and those marked *
are Directors of the Fire Office.
BONUS. —At the last division of profits assurers in this office were
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*very 1,0001. assured at the original age an additional policy for 4001.
CLAIMS.—Every claim npsn this office has been promptly paid
without dispute.
PREMIUMS.—The rates of premium have been campated by the
first mathensatielans of the day, and tested by the Actuary, and wil
be found as low as is compatible with safety to the assured.
JENKIN JONES, Actuary and Secretary.
N.B. Parties making proposals for assurance upon life on or before
the 31st December next, will be entitled to participate in the division
of profits in 1853.

Just published, complete, I. boards; or Is. 6d. cletit,
3ZR AINS WORTH'S "ROOK WOOD."
London : Chapman and Hall, 126, Strand.
Sold by all Booksellets, Newsmen, and at all the Railway StaVons.

Just published, price 35.,
WEBSTER'S ROYAL RED BOOK ;
Or, COURT and FASHIONABLE REGISTER, for 1850.
With considerable Additions, and Corrected to the Present Time.
Webster and Co.. Stationers, 60, Piccadilly ; and all Booksellers.

THE RED BOOK FOR MO.
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THE ROYAL KALENDAR, and COURT
and CITY REGISTER, for England, Scotland, Ireland, and
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Names contained in the volume, Gs. 6d.
London:—R. and Suttaby, Stationers'-court, and other pro-
priet ors.

CHRISTMAS HOLIDAYS,

'rHE ROYAL POLYTECHNIC
INSTITUTION, REGENT-STREET.

The First of a Series of Illustrated Lectures, by Dr. Itaclohoffner,
en the Philosophy of Scientific Recreation, daily at Two o'clock, and
In the Evenings, at Eight. —An entirely new Set of Dissolving
Views of London in the Sixteenth Century. and as it now is, wirk
a Descriptive Lecture, daily, at Half-past Four, and in the Even-
ings at a Quarter to Ten.--The 'news of Rome, including new
Views of the Interior and Exterior of St. Peter's, with Dioramic ef-
fects, ars shown daily, at One o'cleck.—Lectures on Chemistry, with
brilliant experiments, by Mr. Ashley.--Experiments with the Diver
and Diving-b.,ll.—New Exhibition of Chromatropes.—The Ma-
chinery, Models, &c., explained.

Admissioe. Is.—Schools, Half-)trice.

FOGS AND DAM? AIR,

nARCLAY'S ASTHMATIC CANDY has, for
many years, been proved an effectual preservative from the
ill effects of the Fegs and Damp Air, which, in the Winter Season,
are so prevalent in tkis Climate. Its effects are to expel Wind, to
preserve the Stomach from the admission of Damps, and to relieve
those who suffer from Difficulty of Breathing. Prepared only by
Barclay and Sons, 95, Farringdon-street, London ; and seld retail,
by their appointment, by Sanger, 150, Oxford-street ; Gifford and
Co.; 104, and H. Burfield, 180, Strand ; Johnson, 63, Cornhill ;
and all respectable Medicine Venders is Town and Country.
Observe:—None can be genuine, unless the names of " Barclay
and Sons" are on the Stamp affixed to each Box.

____ _________--_ EYEBROWS MUSTACHIOS, and WHISKERS produced in a
Kali. Pre- Whole Pre- Half Pre- Whole Pre- few weeks, and Baldness removed and prevented, by the ass of
Am rnium, first Wm, after Age. mium, first miunt. after RIMSTONE'S AROMATIC
Bye years. tee years. seven years. ' seven years.l
REGENERATOR.
-a. d. X sd. X s it. X sd. If you are in want of that beautiful adornment of the human
. . .
20 10 0 20 0 20 OIS 0 116 0 figure, a natural sudply of human hair, obtain through the post, or
25 1 2 2 24 4 25 019 Y 119 2 of any wholesale or retail chemist or druggist, or perfumer, an 11 s.
30 1 411 29 IA 30 1 1 9 23 6 bottle of Grit-mt.:one's Aromatic Regenerator. This is an essential
35 1 S 6 217 0 35 1 4 11l 29 10 spirit, drawn from aromatio herbs and flowers (grown at his Her-
-40 ' 113 3 36 6 40 1 9 2 2 111 4 bary, Highgate), which has been long known to the nobility and
45 119 6 319 0 45 114 111 39 3 gentry, by whom it is Wghly appreciated for its manifold virtues, too
SO 27 9 415 6 60 21 6 46 0 numerous to be set forth in an advertisement, but may be read in his
55 2IS 10 517 3 65 212 9 S 1 6 pamphlot, in which tho bottles are enclosed.
• __ _ 1

PETER MORRISON, Resideat Director.

Each pamphlet has the signature of William Grimstene, Merchant,
Flerbery, flightate, and wt!l be found at page 11, un•'er the copy et
Mrs. Weekly's Letter to the Editor of the " Times" newspaper, 7th
of August, 1846.

THE CATHOLIC LAW and GENERAL
LIFE ASSURANCE COMPANY.
No. 8, New Coventry-street, Leicester-square, londoa.
TRUSTIES.
The Right Rev. Nicholas Wiseman, D.D., 35, Golden-square.
The Right Rev. William Morris, D.D., Acton, Middlesex.
The Right Hon. the Lord Stafford, Cossey Hall, Norfolk.
Sir Henry Paston Beding-neld, Bart., Oxburgh, Norfolk.
81r Richard Jenkins, G.C.14., Director of the lion. the Bast India
Company.
Thomas Barnewell, Esq., 15, Terk-terrace, Regent's-park,
Thomas Eyre, Esq., 62, Pultency-street, Bath.
James Marshall, Esq„ 24, Carlton villas, Maida-hill.

.
This pamphlet is forwarded through the post, en nothing two
postage stamps.

The Aromatle Regenerator can be forwarded through the pest on
receiving s post-office order for 4s. 6d., 7s. ad., •r 125., which in-
cludes the postage with the case.
The I Is. size contains four of the 4s.
A few of its many ♦irtues, as thousands can prove, are published
In the pamphlet enclosed with each bottle.

Reader, reflect for a few minutes, and if you are 41 years of age,
you will remember the thousands of blind you meet with in your
walks, others with *various coloured eye-shades ; indeed, such was
the demand for eye-shades; that it was a business. What has re-
moved those sightless beings, and given place to a straightforward,
clear-sigh!ed people (the climate is the same) ? I'll tell you the cause
—the universal use of Grimstone's Eye snuff ! and became it cured
Ophthalmia, Gutta Serena, CatarAct, Nervous lleailach, and Deaf-
ness, the Lords of the Treasury directed it to be denominated a medi-
cine, and to ba stamped. Although this advanced its character, 67
cases of cure being proved by the informers, still it was an act of
oppression; as in 1825 the Solicitor of Stamps, Godfrey Sykes, Esq.,
altered the label, and sanctioned its sale under order of the Lords of

the Treasury; tke letter of pro'ection, signed by 'Terries, Fsq., t•
Mr. William Grietstone, bearing date 18tk February, 1523. This was
a account tf its curative qualities, being sold at that time in canis-
ters, within the reach of every poor family. But tinder this order of
Government it is obliged to be stamped.
GRIMSTONE'S MEDICATED EYE SNUFF, sold in canisters,
inclosed in a pamphlet of medical and other testimonials, under the
Government order, at Is. lid., 2s. 9d., and 4s. Gd. each. The
Pamphlets sold at Id. each. If through the post, is. Bd., 3s. id., and
is. Bd., ir eluding postage, &c. The following letter is ens out of the
many thousand proofs. .

Read the following Medical Testimony to the care of five moo
of Gutta Serena, from G. 11. Boutoll, Professor of Galvanism:—
" Soutlisea, near Portsmouth, Ilants,ith Nov., 1848.

" Ma. W. must In justice to yea send the fol-
lowing Testimonial with regard to the extraordinary efficacy of your
Eye Snuff in cases of Gutta Serena. I have used it in five cases with
the most astonishing benefit and cure. Sir, yen may advertise this ! I
sr make what use you please. The cures have 'wholly astonished
me and thousands of ethers.—T am, Sir, &c.,
G. 11. BOUTELL, Professor of Galvanism?
All letters to Mr. William Grlmstene, lierbary, Highgate, near
London, at which establishment he continues to manufacture his
far-famed lIERB TOBACCO, so much esteemed in all foreign parts.
Tne folowing letter, in testimony of its delightful qualities, is from
the author of the " Pleasures of Home :"

" Springfield Cettage, Heniton, Devon, 15th August, Is4l.
" Sir,--I cannot deny myself the pleasure of stating how highly I
esteem your Herb Tobacco. I have now found in it a substitate for
tho choice leaf, hitherto obtained by me from a friend in Censtanti-
nople. I am sure that lovers of mild, fragrant Tobacco wonld find
yours a great and acceptable gilt, at a very reasonable price.
" I ant your obedient servant,
" STUART FARQUHARSON, D.C.L.
" To Mr. William Grimstene, Herbary, Highgate."
This extensively-famed Tobacco is sold by all chemists and drug-
gists, and others, with W. Orimstone's signature attached, at 71,4 d..
Is. IV.. 2s. 9d., and 4s. 64. each, including the Government stamp

THIRTY-FIRST EDITION.
Illastrated by 26 Anatomical Coloured Engravings on Steel.
)N PHYSICAL DISQUALICATIONS, GENERATIVE INCII.I-
- AND IMPEDIMENTS TO MARRIAGE.
*Tem Kditioa, enlarged to 196 pages. Just published, price 2s. 6d.. or
by pest, direct from the Establishmeat, 3s. 64. in postage stamps,
TIFIE SILENT FRIEND, a Medical Work on
the inirrnities and decay of the generative system, from ex-
tssive indulgence, infection, and tke inordinate ate et mercury,
vith remarks ea Marriage, and the means of obviating certala dis-
oaliflcations. Illustrated by 26 Coloured Engravings. By R. aid
PERRY aid CO., Consulting Surgeons, 19, Berners-street, Ox-
ord-street, London. Published by the Authors : sold by Straige,
Paternostar-row ; llaanay, 63, and Sanger, 150, Oxford-street;
3tarie,23, Titchbarne-street, Haymarket; sad Garin, 146, Leaden-
tall-street.

PART I. treats of the anatomy and physiology of the re-productive
rgans, and is illustrated by Six Coloured Engravings.
PART H. treats of the consequences resulting from excessive indul-
gence, and their liunentable effects on the system, producing mental
old bodily weakness, nervous excitement, and generative neapacity.
Illustrated by Three Explanatory Engravings.
PAaT 111. treats of the diseases resulting from infection, either in
Ile primary or secondary foram, and contains explicit directions for
their treatment. This section is illustrated by Seventeen Coloured
Engravings.;

&iv IV. contains a Prescription for the Prevention of DNease
Sy a simple application, by which the danger of infection is ob-
riated. This impertant part of the Work should no vier,e the
slider's notice.

Pm Y. is devoted to the considetation of marrlage, and its
duties. The causes of unproductive anion are also :ensidered, and
the whale subject critically and philosophically inqaired into.
TutCournai BALM Of STILIACIIII 10 eXettlUifrlay employed in treat-
ing nervous and sexual debility, impotence, &c., 11 e, and Us. per
battle. The Concentrated Deters! le Tssonce, as anti-syphilitic
remedy, for purifying the blood 1- cases efinfection, secondary symp-
toms, eruptions, and the abusc tr•-•cury, 111. and 335. per bottle.
Perry's Purifying Specific 1' 2s, 9d., 45. 6d., and Ile, per box, a
certain remedy for gonorrLcea,g:eet, stricture. and chronic inflamma-
ion of the bladder. .4suntltation fee, if by letter, 11. A minute
detail of the case is iequif id : age, habits, tad position in society.
1 Packets, with advice, to be had at the Establishment only, by
vhf oh the fee, 11., le saved. Messrs. Perry, Surgeons, are in atten-
nixie e‘t.v at 19, warners-street, Oxford-street, London, irom lgle-
ven till T.. end ►'v to 1111rht. on fantuTaivi from Ilietwsa to Ar•

EXPLOSION OF GAS IN GREAT QUEEN- STREET.-
Last evening, about six o'clock, the inhabitants of Great
Queen-street and the neighbourhood were thrown into
a state of alarm by hearing a loud explosion, which re-
sembled the discharge of a park of artillery. It appears
that Mr. Willson, of 68, Great Queen-street, smelling the
gas escaping from some of his pipes, went below to the
teeter to tneertain the cause, having taking a candle with
him, when he was suddenly thrown to the ground by the
explosion which followed. In an instant the rafters of
the floor of the shop, with the ceiling of the kitchen, were
blown up, and the glass smashed throughout the house.
The shopman was completely lifted off his legs by the
tearing of the flooring, and his face co severely burnt
that he was immediately taken to King's College Hospi-
tal. Mr. Willson, jun., was also thrown down a flight of
steps, but fortunately escaped from any serious injury; and
a cat which was asleep under the pipe which burst was
blown completely through a square of glass, breaking
cue of its legs by the concussion. It is feared the unfor-
tunate shcpman will never again recover his eyesight, the
explosion having blinded him the moment it eccurred,
and Mr. Willson's face was so severely burnt that ho
was obliged to send immediately for medical assistance.
Two other domestics were severely injured. The engines
were sent for, but their services were not required, no
ignition having taken place.
FAT CATTLE.—Some fine specimens of the short-
horned breed were exhibited in Eccles yesterday. The
cattle were bred by Mr. G. Sutcliffe, of the Bridgewater
Hotel, Worsley, and fed on the Earl of Ellesmere's
Home Farm, and were certainly the finest specimens of
their class that have been seen for a long time in that
celebrated breeding neighbourhood. The cattle have
been purchased by Mr. John Bradshaw, butcher of
Eccles, and are intended to be slaughtered by him
for the approaching Christmas festivities.—Manehester
Guardian.

On Monday evening a little boy, of the name of
Pickard, between eleven and twelve years of age, while
reaching over the side of a boat near the Bonhay, fell
over, and though he succeeded in reaching the opposite
side of the river, could not effect a landing, and was
drowned.—Exeter Flying Post.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Justice COLERIDGE and Mr. Baron
ROLFE.)
TRIAL OF HUGH SWAN FOR MISDEMEANOUR.
(Continued from our Afternoon Edition of yesterday.)
After the examination of several other witnesses,
the case for the prosecution closed.
Mr. JAMES then submitted to the Court that this
indictment could not be supported. The charge was
founded neon two sections of the sth and 6th Victoria,
which Act be should contend, so far as this charge
was concerned, was repealed by the 12th and 13th
Victoria, known as Lord Brougham's Bankrupt Law
Consolidation Act. By the first section of that Act
it was enacted, that from and after its coming into
effect all other Acts and parts of Acts, except as re-
garded certain particulars to be mentione I in a
schedule to the Act annexed, should be and were re-
pealed. Now he found by the schedule referred to
that this Act of the sth and 6th Victoria was among
those that were repealed, except those portions re.
lating to the appointment of commissioners, the pay-
ment of their expenses, and other matters, none of
which had the slightest reference to any criminal
charge of this description or any other ; and
.he sub-
mitted, therefore, that this case must fall to the
ground, the Act of Parliament upon which it was based
being clearly repealed by the subsequent and existing
statute.
Mr. PARRY, on the same side, urged that it being
perfectly clear that the sth and 6th Vict. was
repealed, except as regarded the exceptions mentioned
in the schedule, the only question was whether "any of
these exceptions applied to the present case; and it
appeared to him that the only point which would re-
quire a word of observation was with reference to the
first section of the new Act, which except .d the re-
cavery and appropriation of any peamty for any
offence committed under the Act. He should, how-
ever, contend that this clearly was only intended to
apply to the pecuniary penalties fixed by several sec-
tions of the Act, and that the word " penalty " could
never properly be construed to extend to the punish-
ments of transportation or imprisonment.
Mr. GLARKSON, in support of the indictment, said
he should contend that the 12th and 13th of Victoria
kept alive all the liabilities to which bankrupts were
subject by the previous Act of Parliament, and he
felt convinced that the Court, when it saw that every
one of the previous provisions was re-enacted in this
statute, would be slow in coming to a conclusion of
so mischievous a character, as that immunity was to
be given to wrong-doers between the period of the
repeal of the old statute and the re-enactment of the
new one. According to his construction of the latter
statute, it was intended to keep alive all the matters
relating to bankruptcy until the Act itself came into
operation on the 11 th of October; and unless their
Lordships should be of opinion that the Legislature
intended there should be a hiatus, or that it was a
casus omissus on their part, it appeared to him they
could not decide that the present indictment was bad.
The Learned Counsel then referred to that portion of
the new Act relating to the recovery of penalties, and
he submitted that punishment of any description might
reasonably be inferred to come within the term
" penalty.
Mr. HUDDLESTONE also addressed their Lordships.
He said, the point was one of very great importance;
because, if the Court should give a decision adverse
to the prosecution, the effect of it would be to give
complete impunity for every offence of the same cha-
racter that was committed prior to the 11th of
October, when the new Act came into operation.
The Learned Counsel concluded by suggesting that
the point might be reserved for consideration by the
Court of Criminal Appeal.
Mr. JAMES made a brief reply. He said they had
no right to enter into any discussion as to the objects
or intentions of the Legislature ; and the only ques-
tion was, as it appeared to him, whether in the hurry
with which legislation was sometimes carried on,
there had not been an omission which created the
present difficulty. With regard to the suggestion
that the point should be argued before the Court of
Appeal, he was sure their Lordships would not put
the defendant to the expense and inconvenience that
would be entailed upon him by such a course if, as
he entertained a confident opinion was the case,
their Lordships should think that the indictment was
not legally sustainable.
The Learned Judges having conferred together,
Mr. Justice CoLERinGs delivered the judgment of
the Court. He sail that this was no doubt an import-
ant case with regard to its consequences, but at the
same time, when the Judges sitting in that Court saw no
reason for delaying their decision, and the point ap-
peared perfectly clear to them, he did nut think they
ought to reserve it for the Court of Appeal. There was
no doubt in his own mind, nor, he believed, in that
of his learned brother, that this indictment could
not be sustained. It was clear that if it could
be sustained at all, it must be upon the sth and 6th
Victoria, because the alleged offence was committed
before the passing of the 12th and 13th Victoria, and
in the latter Act there was no retrospective clause.
The question that then arose was whether the Act of
the sth and 6th was repealed. By the Act of the
12th and 13th Victoria, every one of the previous
Bankruptcy Acts was repealed, and among them the
sth and 6th, with the exception of certain portions,
which were mentioned in the schedule. He then
looked at the schedule, and it was perfectly clear that
none of the matters there referred to could by possi-
bility apply to the present case. It was said
that there was a saving clause, by reason of the
recovery of penalties being reserved; but it appeared
to him that the term " penalty" could not be con-
strued to apply to such an indictment as this, or to
the consequences that attached to it. It was possible
that the difficulty had arisen accidentally from the
penning of the new Act of Parliament, but with
that they had nothing to do. It was the duty of
the Court to take care that no criminal offence was
created, and that no person should be punished for
such an offence, unless under the clearly expressed
sanction of the Legislature ; and the Court, therefore,
upon these grounds, were of opinion that the present
indictment could not be sustained.
Mr. Baron ROLFE said, that after the observations
of Mr. Justice Coleridge it was hardly necessary for
him to add any remarks, but on a point of so much
importance he thought it right to say that he quite
concurred with him in the decision he had given.
The statute in question was distinctly declared to be
repealed, and none of the exceptions applied to the
present case. It was no doubt, an omission on the
part of the Legislature, but with that the Court
had, nothiqg whatever to do. When the Act,
known as Sir Robert Peel's Act, was brought for-
ward, and which repealed a vast number of
other Acts of Parliament, care was taken to
avoid this difficulty, for there it was expressly
enacted, that, although certain Acts of Parliament
were repealed, yet that any offence committed before
the new Act came into operation should be punished
as heretofore, and this obviated every difficulty, as
but for this enactment there would have been com-
plete impunity, as in the present instance, for all
offences that were ccramitted between the period of
the repeal of the former Acts and the coming into
operation of the new one. A similar difficulty to the
present arose when the Binkruptcy Act of the 6th
Geo. IV. was passed, as the very same mistake was
made, and the Judges at that period came to the
same decision the Court had to day. It was unne-
cessary fur him to.go again over the grounds that had
been mentioned by Mr. Justice Coleridge in coming
to that decision, and he would merely repeat that he
entirely concurred in it.
The jury then, under his Lordship's direction, re-
turned a verdict of Not Guilty.
Mr. KJNEALEY said he appeared on behalf of a
defendant named Lake, who was charged with an
offence under the same Act of Parliament. The case
had been postponed to the next session, but, after the
decision their Lordships had come to, he trusted they
would at, once dispose of it, and not permit the de-
fendant to remain in custody.
Mr. CLARKSON said he appeared for the prosecutor,
and his attorney was not present; but still, after the
opinion that had been expressed by their Lord-
ships, he did not think he ought to oppose the ap-
plication.

MRS. MARGAREt'-iIiiiITLAND,
OF SUNNI' SIDE.

Written by Herself.
The most gratifying work of its class since the great delineator of
`coltish manners erase t to write." Tait's Magazine.
"We hive read this book with unusual ple.isure. It has pints of
merit which may compare with Miss Ferrier, Galt, Lockhart, and
Wilson."—Examiner.

This story creates an abiorb;m; inturest by the deep mid
masterly touches of nature with whi li it abounds."--John
" Our readers will enjoy this work —its genuine nationality of
tone and sentiment, Its refined and poetic Immelinoss, and its strokes
of quiet humour."—Scotsman.

Baron RoLrE said he thought this was the proper
course. If the indictment was preferred under the
same Act of Parliament it was quite clear that it could
not be sustained.

The defendant, William Lake, was accordingly-
placed at the bar, and no evidence being offered
against him, the jury returned a verdict of Not
Guilty.

This- closed the business of the session, and the
Court adjourned to Monday, Jan. 7.

NEW COURT.
William Baugh, a letter sorter, was convicted and
sentenced to seven years' transportation for stealing
two letters containing money and postage stamps.

BAPTISMAL REGENERATION AGAIN.--Another re-
vol.ing scene was perpetrated in the churchyard of
Chard on Wednesday, the 12th instant. A child of
respectable parents, living in South Chard, was con-
veyed to the churchyard for Christian burial, when, to
the astonishment of the beholders, the corpse was put
into the ground like a dog, because, as it had not bean
christened, the curate would not perform any service
over it, nor allow the bell to be tolloch—Sherborne
Journal,

EAST INDIA HOUSE.

__-
A quarterly general Court of the East India Com-
pany was held on Wednesday ; Sir A. Galloway, in
the chair.
The minutes of the last Court having been read and
confirmed,
The CHAIRMAN announced that he hail received a
letter from Major-General 'neck well, acknowledging
tie receipt of the resolution of thinks adopted at a
Court held in April last, to the officers, &c, eng,a3eil
in the victory of the Punjaub.
The letter was read by the clerk.
The CHAIRMAN then acquainted the Court that
with reference to certain proceedings et the last
general Court, he had to state that copies of the minute
of Sir Charles Metcalfe, relative to the right of native
princes to adopt a son or successor, together with
sine other papers on the same subject, had been laid
on the proprietors' table; els° a list of superannua-
tions that had been granted since the last Court to the
company's servants in England.
The CHAIRMAN lastly informed the Court that the
warrants for the payment of the half-yearly dividend
on the company's stock would be due and payable on
the 7th of January next.
The preliminary business having been disposed of,
the CHAIRMAN called upon Mr. Sullivan to bring
forward the motion of which he had given notice.
Mr. M. LEWIN rose to order, and claimed a right
to bring for ward his motion which had been post-
poned from the last Court day.
The CHAIRMAN said the Hon. Proprietor had given
no proper notice of his motion.
Mr. LEWIN contended that the intimation which he
gave at the last meeting was a sufficient notice. He
denied the right of the chairman to decide, and said
he would not give way. The chairman was only an
individual proprietor like himself; and he had no
right to take functions upon himself which belonged
only to the Court.—(Cries of " Order, order.")
The CHAIRMAN said he would put an end to the
discussion by 'calling upon the secretary to read the
minutes of the last Court in relation to the question.
The minutes were read, from which it appeared
that the notice in question had been postponed, and
that no notice of renewal having been given, it had
dropped as a matter of course.
Mr. LEWIN still insisted upon his right to address
the Court; but he was received with cries of " order,"
and " chair."
The CHAIRMAN thereupon appealed to the Court,
whether further discussion of the question was not a
waste of time.—(Hear, hear.)
Mr. Lewin having resumed his seat,
THE SEPOYS IN THE MADRAS CAVALRY.
Mr. SULLITAN then, in pursuance of a notice he
had given , proceeded to move " That copies of all
correspondence relative to a court-martial held on
the sth of September, 1844, on certain Sepoys of the
6th Madras Cavalry, be laid before this Court, and
copies of all opinions given by law officers on the
subject." It might be asked, why he mixed
himself up in the troubled waters which had
been first stirred up by his Honourable
Friend Mr. Lewin ; but he would frankly
tell the Court that it was because ;his Hon. Friend
who from his entrance into the public service had
been an able, upright, and honourable man, had, by
his unfortunate language, rendered himself so ob-
' noxious in that Court, that even if he had an angel's
cause to plead he would be unable to do him justice.
From the character of the discussion which had taken
place on this subject at the last Court, it appeared to
him that the Chairman and the Court of Directors
were ignorant of the real merits of the case ; still, if
it was asserted the law officers of the company had
given an opinion in favour of the course adopted with
regard to the Sepoys, namely, that they were liable
to be brought to trial any time within three years
after the offence, the production of those opinions
would at once justify the Indian Government. It
was therefore their interest to bring them forward
at once and give them all possible publicity. So far
as his impression went, the opinion of the Commander-
in • Chief was directly opposed to that of the law
officers, if indeed they had ever given such
an opinion as that he referred to. His own view,
though he was no lawyer, was, that if a soldier com-
mitted an offence on the Ist of January, and returned
to his duty, and had his arms and accoutrements re-
stored to him on the 3d January, he could not after-
wards be brought to trial for that offence. If there
actually existed so material a difference between the
opinion of the Commander -in - Chief and that of the
law officers, the sooner they were reconciled the better.
Another point to which he should direct the attention
of the Court was the legality of the court-martial by
whom the men had been tried. They were entitled,
under the Articles of War, to a certain proportion of
native officers ; but this proportion had not been in-
cluded in the members of the Court. The charge was
that they had taken an illegal oath; yet it appeared
they had for a considerable period been permitted to
perform all the duties of soldiers. Cui Bono, an agi-
tation in relation to the proceedings of a court-martial
held so many years ago ? His reply was the vast im-
portance to the tranquillity and good government of
India, of all their servants, military as well as civil,
being well affected towards the company, and of there
being not even the appearance of illegality or injustice.
If the agitation was in any way mischievous, the
Court of Directors were themselves only to blame,
inasmuch as they had taken no steps to have the sub-
ject thoroughly investigated at the proper time.
Mr. MALCOLM LEWIN said he rose to second the
motion of his Hon. Friend Mr. Sullivan, and in doing
so he would not detain the Court at any great length.
In the first place, the cause of this meeting had not
been explained. The Governor of Madras withheld
from the Sepoys their accustomed pay, and imme-
diately after that the Sepoys made a passive resis-
tance. This lasted until measures were taken to
repress it, and the Sepoys after a while were recon-
ciled on the arrival of the Division officer, General
Watson, the complaints of the men having been lis-
tened to, and their pay restored. An order of the
Commander-in Chief, under the date of the 2d of
November, 1844, was in these terms " With the pre-
sentation of these arzes (petitions to General Watson,
which the Sepoys had been desired to present) the
excitement commenced to subside, and an order which
had been dispatched by the Government the moment
the error which had been committed by the Pay
Department was known, having been published the
same day, cancelling the previous order for the dis-
continuance of the batta, the men gradually returned
to their duty." Here they had a plain statement that
the men returned to their duty on the mistake about
their pay being corrected. Most people would have
thought that the regiment having returned to their
duty, that circumstance would have been taken as
a means of conciliating them. But no • the men
were kept to perform the services of the Government
for four months longer, and still further they were kept
perfectly unconscious of the fate which was awaiting
them all that time. So soon as it was found that the
men had returned to their duty a letter was addressed
by the Commander-in Chief to the Regiment in these
words:—" The Commander-in-Chief has received
the Brigadier's (Watson) letter of the 10th' of
December, with Major Lichfield's (the commander of
the regiment) of the Bth of December enclosed. The
Commander-in-Chief is happy to understand from
these circumstances that the men of the 6th Light
Cavalry have returned to their duty, and that they
appear to be sensible of their late misconduct. But
as his Lordship cannot allow the regiment, under the
reproach of such unworthy and unsoldierlike beha•
viour, to continue at a station where it might be
required for employment on actual service, he has
ordered it to be sent into cantonment at Arcot."
Now, there was a clear punishment which the
regiment had incurred in consequence of the dis-
obedience of orders. It was considered to have com-
mitted a breach of duty, and therefore that it could
not be employed on another service. Both within
and without the regiment it was thought that the
letter of the Commander-in-Chief, written by the
Deputy Adjutant-General, had disposed of. the
whole case, and that nothing more would
have been heard about it. It was perfectly
clear, after the matter had been thus disposed of in a
regular way, there was no law authorising their being
tried again. His Hon. Friend, Mr. Sullivan, had
referred to a case where a man had been tried three
years after the commission of his offence, but that
was only the case of a man who had had no opportu-
nity of being tried before. The offences of these men
were very well known, and it was clearly laid down
by Simmons that these men could not be tried again.
It was perfectly clear there was an opportunity of
trying them in the first instance, seeing that they
passed through a country where there was an abun-
dance of soldiers, just after the offence with which
they were charged had been committed. But nothing
was done. The men were kept in a state of perfect
unconsciousness of what fate awaited them. Some of
the men who were guilty of this mutiny were brought
forward and punished for a minor offence, and by
the mere accident of being so punished for that minor
offence they had escaped the greater punishment.
Major OLIPHANT—Had any individual been
singled out, or was the whole regiment charged with
disorderly conduct.
Mr. LEWIN could not say—(Hear, hear)—but
it was perfectly well known who were the offenders,
as some of them had gone to Captain Byng's quarters,
which was distinctly mentioned as the chief gravamen
of their crime. These men were tor nine months em-

Mr. WEaDING opposed the resolutions, on the
ground that the Court of Proprietors was not a
proper tribunal to review the sentence of a court-
martial. lle had no doubt that tin Noble Lord whose
conduct was complained of had acted under a due
and imperative sense of duty.
The CHAIRMAN said this was the third time this
subject had been debated before the Court of Proprie-
tors ; but if ever there was any question unsuitable
for discussion in such an assembly, this was one.—
(Hear, hear.) The discipline of the Indian army was
too precious to be sacrificed by being exposed before
a tribunal which had not the means, and never was
intended to have the power, of entering upon ques-
tions of this great importance. With regard to mili-
tary discipline, the Commander-in-Chief had absolute
power. An offence of a very serious character had
been committed by a native regiment, which had
previously distinguished itself, and the Governor-
General recommended, in consequence, that it should
be disbanded. The Marquis of Tweeddale, who was
an old soldier, however, knew it was impossible the
whole regiment could be guilty of so abominable a
crime as that imputed to them, and be, in
consequence of that opinion, declined to dis-

ployed under the orders of the Governor in doing duty
. on the frontier, where their services were particularly
required, and had they not rendered those services
others must have been called in to perform them, lie
I (Mr. Lewin) said there was something of a disgusting
character in the fact of the Government, who were
meditating the destruction of these men, reaping
the benefit of their services. On the men re-
turning to their duty the thing was at an end;
but then the question arose whether they were
guilty of mutiny ? So soon as they were paid
they showed a readiness to return to their duty, and
the Government should have shown a readiness to
perform their duty. The Mutiny Act, which engaged
the services of the soldier, guaranteed the payment of
those services. Was it the weaker party only that
was bound by a contract ? Let the Court look at the
,ca,e of the Nottingham rioters, which took place the
o ler day. Those men committed a ten times higher
offence than the Sepoys in question, and yet were
only punished with three months' imprisonment. But
these Sepoys were put on their ;trials for life,
and two of them were shot. They were tried
by a court (which required thirteen members)
composed of no more than seven, a junior Major
being President of a court appointed to try an issue
affecting the lives of seventeen of his fellow-creatures.
Very different was the treatment received by Captain
Byng, an officer of the regiment, whose trial fol-
lowed that of the Sepoys, the charge against him not
involving an issue of life. In the case of that officer,
the court-martial was composed of thirteen members,
the President being a distinguished Peninsular
General, who commanded a division of the army at
the time. That being so, it was very clear that they
had one law for the natives, and another for Euro-
peans.—(Hear, bear.)
Major OLIPHANT—Captain Byng was tried by his
peers.

The CHAIRMAN—The law has a privilege.
Mr. LEWlN—Admitting that to be so, was the
native soldier entitled to a less privilege ? There was
another point which had been referred to by Mr.
Sullivan. There were two of those Sepoys shot for
administering illegal oaths to their comrades. There
was no such overt act mentioned in the charge on
which they were tried. Not a word on the subject
occurred in the articles framed against them. It was,
therefore, clear that those men had been tried
for one offence and shot for another. There was
another point:to which he thought it right to call
the attention of the Court—that was the Special
Court held at Arcot preliminary to the court-martial,
which he (Mr. Lewin) contended had vitiated the
whole case for the prosecution. Then there was the
counter decision of Lord Gough, the Cominaeder-in-
Chief in India. Suppose there were two judges in the
Court of Queen's Bench, and one of them gave a de-
cision by which a prisoner had been saved, would
another judge, having a co ordinate jurisdiction, be
justified in hanging that prisoner ? If he did so, he
(Mr. Lewin) apprehended he would be guilty of a
high offence, for which he would have to answer at
the bar of justice. Besides, the Sepoys had not the
advantage of counsel to plead in their deftnee.
During the trial of Colonel Bell, it might be known
to the members of the Court, that all the officers had
counsel assigned them by the Government, and the
proceedings were all public; but it was far otherwise
in the case of those Sepoys, and every man of
them was in consequence victimised. But if
there was one circumstance which called
for the attention of the Court more than another, it
was the proceedings preliminary to the trial. The
emissaries of the Marquis of Tweeddale were sent up
to Arcot to get up the evidence, but when they pro-
ceeded to investigation they could not get at all
the evidence they wanted. They had native
officers before them and interrogated them as
to their knowledge of this mutiny. Those native
officers who were under articles of war would have
been guilty of the offence of death if they had ac-
knowledged their guilt in the transaction; so they
said they knew nothing at all about it. A letter of
the Commander-in-Chief, written by the Deputy-
Adjutant-General of the Army, of the date of the
14th of August, 1844, states that "they (the
native officers) have given information, some
more some less, but none have stated any-
thing worth knowing." That was a splendid
specimen of the rhetoric of the Marquis of Tweeddale.
After wards six of those officers were dismissed without
trial for not having stated " any thing worth knowing."
Then there was a body of dragoons and others sta •
tinned round the place of trial, by which the men's
minds were intimidated, and that was called a court-
martial. Besides, if these men had been allowed
counsel, not a single witness who appeared against
them would have been allowed to be heard ; the
evidence would have been rejected on the ground of
its having been suborned. So intent was Lord
Tweeddale on finding the men guilty, that he
passed an order, with respect to the native
officers wbo could not state anything worth
knowing, which was directly contrary to law,
and there was no precedent. of a native commissioned
officer being dismissed the service without a trial
before a court-martial. Lord Tweeddale, however,
made it out by a trick that these men were dismissed
by an order of the Government, and that the Go-
vernment had given their consent toit. The
circumstances which preceded the trial should be
noticed, because they plainly proved that the Sepoys
had not the slightest opportunity for defending them•
selves. Their relations were refused admission to
them, and they had not a list of the witnesses given
them, which they ought to have had. Simmons, who
has writtenl on the law of courts-martial, says it is
incumbent on both the prosecutor and the accused to
give a list of witnesses. He says—
" Unless there were some sufficient reason to justify
its being withheld, it would not bo in accordance with
the existing practice of the service to refuse the prisoner
a list of the witnesses for the prosecution ; the almost
universal practice is to give it as a matter of course."
Again he says—
"As the prisoners' witnesses, if duly summoned,
must be known to the Judge-Advocate, it follows that
to place the parties on a footing, affording to each op-
portunities of questioning and supporting objections to
the competency of witnesses, the witnesses to support
the prosecution should be made known to the prisoner,."
—Simmons, p. 170.
All these men were afterwards sent to Madras to
endure their transportation. At a very early period
the Madras Government appeared to have become
aware of the illegality of the sentence passed on the
Sepoys, for when they were sent as convicts to
Madras, and it became known that a writ of habeas
corpus was likely to issue, they were
suddenly removed without the jurisdiction of
the Supreme Court. Now, after that the
men had returned to their duty under the circum-
stances which had been stated, the placing them on
their trial was not only in contravention of numerous
precedents, but one of these precedents had been
furnished by the Marquis of Tweeddale himself in.his
decision on the case of private Shekh Aly of the 30. b
regiment of Native Infantry. Shekh Aly was tried
by a native general court-martial for sleeping on his
post. The Court found him guilty, but accompanied
their decision with the following remark :—" The
Court begs most respectfully to bring to the
notice of his Excellency the Commander-in-
Chief, that it appears in evidence that the prisoner
was allowed to return to his post after having been
found asleep on it, and that he was released from
confinement." The Commander-in-Chief afterwards
disapproved of the proceedings altogether, and, indi-
cated by the following extract from a letter under his
hand of the 28th of December, 1842, that the Court
had been wrong in passing any sentence :—" Under
the circumstances (said his Lordship) which appear
in evidence, of the prisoner having been placed in the
main guard for the present offence, and subsequently
released, and permitted to return to his duty, I con-
sider that he was improperly brought to trial for an
offence which had been previously disposed of,
and consequently withhold my approval from these
proceedings; and I have to express my surprise that
the officer commanding the 30th Regiment Native In-
fantry, with a knowledge of the facts, should have
recommended the trial of the prisoner." Mr. Lewin
concluded by saying, be should never quit this sub-1
ject until justice had been done.