The Sun.
London, England, 1849-11-07 00:00:00

LONDON. WEDNF:SDAY EVENING-, NOVEMBER 7, 1849.

Ditto ditto (No. 2)... 25
D 0.% Shares (No. 3) 12V2 —
Do. New 101. Pref lO .....
Ditto, Gt. Grimsby ... 50
Ditto ditto . ...—... 19
Ditto ditto
Ditto Sheffield and 117 i — ...... ".......
Lincolash;re 221.
...
....
Do., Grimsby Dock 25 ... ...
Do., idanchester and

Lincoln Union..... 41.25.
M (11 And ... 100 ...... 48 4714 ... 4714
Do. Consolidkted Pref.loo
Do.,' do., 501. Shares 30 ..,
Do. Binh., and Derby 100 -• •....• ......... i•-•
Do. Consol. Bristol and

8%

Birming., 6 per ct.... 100 ......
Ditto, Brist. & Glocstr. 42 ......
Ditto ditto .. 221. is... ...
DJ.,ErevrashVal.,Pref. 50
Ditto, Leicest.& Swan-
nington, 8 per ct. guar.loo
Midland Great Western
Irish
M.ddlesbro' and Redcar,

6 per cent. guar.
Newcastle and earnsl6.loo - -
Do. Quarters
Newmarket
Do. Extension -
Newport, Abergavenny, _

_ .
and Hereford— 6 ......
Newry and Enniskillen 7
Newry, Warrenpouit,
and Rostrevor 2O - as 00000000 •••• -
Norfolk .......... ........ ...100
Do. New 201.
Do. Guaranteed 5 p et. 20
Do. Liuttranteedsl/2pe. 5
~.

Do. do. Waveney Val. 2
Northern Counties Union 4 ...... .........
North British ........ ... 25 „
Ditto, Halves .. -
Ditto, Quarters
Ditto, Thirds 81/4 3 .
Ditto Preference 5 • 5 ex int...
Noitii Statiordshire 171/g g 1/2

aiii
5 Li
81A3

North Wales . .. .... 3 i/"!
N orth- W estern . 13% — ...
Oxford, Worcester, and
Wolverhampton ...... 50
Reading, Guildford, and
Reigate ls
Royston and Hitchin ... 4%.. ... ...
Scottish Central
Scottish Midland.

Ditto, New
Shrewsbury and Birm l2 ...... .....
Ditto ditto, Class B 8
Ditto, New Guaranteed 8
Shrewsbury and Heald. 4
Shrewsbury & Chester
(Nor. W. Min.)
Ditto Halves ... ditto 9
Ditto Oswestry 181/2 —
Ditto New
Do. 8 per Cent. Pref lO
Shropshire Union
Aouth Devon
Do. Preference
Soath Stallordshire
South Eastern
Do., N 0.2.
Do., No. 3 ..... ........ 30
Do., Registered No. 4 10
Do., Scrip No 4
Soatia ales
south Yorkshire, Don-
caster, and Goole . l2
Sheffield, Rotherham, &
Goole (N. Div.) Gua-
ranteed 5 per cent. 161,E — . .............
Do. do (Sou. Div.) •5
swans. & Loughor & Ca-
meron's Stm. Coal. 7
raw Vale Extension ... 8
[lames Haven Dock
and Railway ..... ... 17
Vale of Neath
Waterford and Kilkenny 20 .
•Vaterford and Limerick 47%
Natertd,W2drd,Wicklw
and Dublm
Wear Valley 6 per Cent.
Guaranteed ...
Do. do. do. ... 25
Do. do. do. ... 15 ..... .....
West Cornwall ...... ... 6 ...
S hitehaven & Furness 18
Windsor, Staines, and
South Western ..... ... 14
N ilts, Somerset, & W ey-
mouth
York. Newcastle, and
Berwick. 25
D. Newcastle Exton. 20 ......
Do. G.N.E.Preiorence 8 3 ...... .
Do. Hartlepool Dock
and Railway .. 100 ...... .
YorVan.. North Midland 50 ...... 19 19
Ditto, Prefere Ica ...... 10
FOREIGN RAILWAYS.
Anglo Italian (late Ita-
lian Mad Austrian). ... 51,4 —
Boulogne and Nmiens... 20
Ceutrai o 1 N ranee (Or-
leans and Vierzon)... 20
Demerara 17%
Dutch Rhenish 8 .....
East Indian ....... 314
Great Indian Peninsu.ar 5 ......
Do. Do. ... 10s.
Louvain 11 la Sambre ...
Luxembourg
Ditto
Madrid and Valentia... 2 .....
Namur and Liege ...... 20 ... .. 5%
d ys 5%
Northern of France l4/. 85... 3Vsis ...... dis
Orleans and Bordeaux 7 •••••• -2% 278
Paris and Orleans ...... 20 ......
Paris and Rouen 2O ••• •• •..
Paris and Strasbourg:-. 12
Rouen and llavre ....„ 20
Sambre and Meuse 2O 2% 2
Strasbourg and Basle -. 14
Tours and Nantes l3 .....
Tournay, Jurbise, Lan-
den, and Hasselt ...... 20
West Flanders • 834
Ditto ........
JOINT STOCK BANKS.

2%

14W

6%

261/s
26 111

33%
108

16%
34y8

53 i 4
8 2 14

%dis,

28th

60%
23

71/i
9-11/2

97%

3%
733/4

Australasia , 4O
British North American 50 ...... ... ..,..„
Colonial 25 .".... 6
Commercial of London 20
London Joint Stock lO — "
London & Westminster. 20 ......
National Prov. England. 35
Ditto New... ..... ...... 10 - •• •••.
National of 1re1and...... 22% — ... ......... ...
Provincial of Ireland ... 25 - ......... •• es,.
Ditto, New .....
Union of Australia
Ditto,New... ...... ..... 2%...... .
Union of London... lO ...... ... ......
Lnion of Madrid ...... ... 40
MINES.
Anglo-Mexican lOO
Asturian Mining Com... 15
Australian...
Barossa Range ..
B!aenarvon Iron & Coal 50 ... - ..... •."
Santiago de Cüba
United Mexican 2B 14 — ........ ••• ...•

17M
111/2

26%

LLOYD'S SHIPPING—(THIS DAY.)
LONDON, Nov. 7.—Wind this day at noon S.S.W.,
moderate breeze, and dull hazy weather with drizzling
rain.
BRIIRAM, Nov. 6.—The Taff Vale came within the
pier yesterday, with three feet water in her hold, having
sprung a leak, 4th instant, when off the Start.
DEAL, Nov. 6.—Arrd. sth Sam Slick, River Gambia;
6tb, Malcolm, Rio Grande for Rotterdam; John C.
Claalhour, New Orleans for Antwerp; Heather, Mac-
donald, Pagwash and Queenstown. Arrd. from the
River and sailed, Rants, Osborne, Singapore. Arrd.
from the River, Morley, Strudy, Madras; Heroine,
Robson, Coquimbo; Vigilant, Conway, St. Vincent;
Valiant, Young, Berbice ; Lord Montgomery, Eskdale,
St. Lucia ; Waterlily, Hart, Jamaica; Fantome, Bawn,
Jamaica; Montrose, Howe, New Orleans.
DARTMOUTH, Noy. 6.—Wind W.—Arrd., 6th, Escort,
Jarrett, Labrador. Off Port, 6th, Carnation, Slaughter,
Quebec.
BRISTOL, Nov. 6.—The Renfrewshire, from Quebec,
in coming up the river this morning, got on shore below
the Round Point, and remains.
PORT TALDOT, Nov. 6.—lt blew hard from N.W.
and W. yesterday, wiih a heavy sea on the bar ; and
to-day it blows a fresh gale at N.W.
LIVERPOOL, Nov. 6.—Wind N.W.—Arrd. sth, Janet,
Davidson, St. Domingo ; Seraph, Smart, St. Domingo,
and not the " Stirif," as before reported. 6th, Elizabeth,
Main, Callao; Freeland, Savanilla ; Hibernia, Malony.
Philadelphia ; Cambridge, Peabody, New York ; Or-
leans, Boyart, St. John's, New Brunswick; Goliah, Slater,
St. John's, New Brunswick ; Georg; Simpson, Quebec.
Off Port, 6th, Higginson.
FISUGUARD, Nov. 4.—Ten schooners and ten sloops
(laden) have just arrived in the roads, but it is blowing
too violently to go out to ascertain their names. sth,
It has been blowing a very heavy gale from W. to N.W.,
and there is every appearance of it continuing. A
schooner was lost last night on the rocks in Abuithey
Bay, about seven miles west of this place. Should the
wind come more round to N., and blow as at present,
heavy losses will have to be reported.
MILFORD, Nov. s.—lt has blown a gale to-day at
W. to W.N.W.—The Acorn, of London, was in contact
this morning with the Princess, of London, and both
sustained considerable damage. The Lydia, Liverpool
to Rotterdam, struck on a sunken rock off St. David's
yesterday morning, and sank ; crew saved.
PWLIIELLI, Nov. 6.—lt commenced blowing hard on
the night of the 4th instant, which increased to a sharp
gale at S.W. on the next day. There are about 20 sail
of coasters lying in the roadstead. To-day it is blowing
hard at W.N.W., with a wild appearance.
PADSTOW, Nov. s.—The schr. Ocean, of Aberystwith,
from Cork to Portsmouth, was driven on shore at Maw-
gan Porth this morning; has bilged, and is much
damaged; cargo landed.
WESTPORT, Nov. s.—The Charlotte, from St. John's,
New Brunswick, to the Clyde, has put in here leaky,
with loss of sails, spars. &c., and out of provisions.

1148%
12%
9%

Trn MURDER AT DALE-GATE.—The prisoner
Banks, who has been in custody at Brighton nearly a
fortnight on a charge of being concerned in the murder
of Mr. George Stonehouse Griffith, the brewer of
Brighton, in February last, underwent another private
Examination before the Brighton magistrates on Monday.
Two fresh witnesses, we hear, were examined; but in so
strictly private a manner are the examinations conducted
that we have not been able to ascersain the purport even
of the fresh evidence against the prisoner. It has oozed
out, however, that, in order to clear himself from the
charge, Banks gave the name of a hostler at an hotel,
with whom ho said he was sleeping during the night of
the murder, and that on this hostler being placed in the
witness-box he declared that the prisoner's assertion was
false. The examination lasted about an hour, and re-
sulted in the prisoner being again remanded for a week.
Time is the rider that breaks youth—Eliza Coles
Journal.

BERMOND SE Y 11 tU RD Ell .

COURT OF CRIMINAL APPEAL.

EXCHEQUER CHAMBER.
(THIS DAY.)
Before the LORD CHIEF BARON, Mr. Baron PLATT,
Mr. Baron ROLFE, Lord Chief Justice WILDE,
Mr. Justice COLERIDGE, and Mr. Justice CRESS-

WELL.)
This being the day appointed for arguing the point
reserved on the trial of the Mannings, for the Ber-
mondsey murder, as to whether Mrs. Manning, being
a foreigner and an alien by birth, ought to have been
tried by a jury de medietate linguae, the Exchequer
Chamber, in which the Court of Criminal Appeal
holds its sittings, was crowded to excess long before
ten o'clock, the hour appointed for the hearing. The
audience was chiefly composed of barristers, who oc-
cupied all the available space in the body of the court,
whilst all the approaches and purlieus were equally
thronged by the public, attracted by curiosity, and the
universal interest and notoriety which attach to every
incident connected with this case.
The Attorney-General, Mr. Bodkin, Mr. Clarkson,
and Mr. Clerk appeared for the Crown ; and Mrs.
Manning was represented by Mr. Ballantine, and Mr.
Parry. Mr. Saunders appeared on behalf of the male
prisoner, Manning.
The Judges entered the court shortly after ten
o'clock, and
Mr. BALLANTINE immediately proceeded to open
the question, on the part of the convict Mrs. Manning.
He said this case had been reserved from the last
session of the Central Criminal Court, upon the
question whether the female prisoner was entitled to
a jury de medietate linguae, on her trial for the
murder of Patrick O'Connor. He (Mr. Ballantine)
was instructed on her behalf to support the view of
the case that she was entitled, by our laws, to a jury
composed half of foreigners ; and he would call their
Lordships' attention to the different Acts of Parlia-
ment applicable to the question. The claim made by
Mrs. Manning for a jury de medietate linguae was
made under aestatute of Edward 111. (vide "Bacon's
Abridgment," vol. 4, page 456), in which the right
of aliens to have such a jury was clearly laid down.
That Act of Parliament was again referred to
by the 6th George IV., cap 50, sect. 47,
which is declaratory of the continuance of that
right so far as aliens were concerned ; and he thought
their Lordships would consider that this was a case
of no small importance, when it was remembered that
Mrs. Manning, whose life was involved in the issue,
and who came there to complain of not having had a
fair trial, in not having a trial before such a tribunal
as by law had been the right heretofore of every alien
in this country. He contended that a woman marry-
ing an English subject in this country, married with
the presumption that her rights and privileges by law
would be maintained to her, unless notice to the con-
trary were given to her before marriage. And, by a
sort of side provision in one of the statutes to which
he had referred, the jury process and arrangements,
which were considered part of the Constitution of this
country, were supposed to be interfered with, and that
by an Act of Parliament in which the term "jury"
was never mentioned from beginning to end, and by
the passing of which the Legislature could cer-
tainly never have intended to affect the
arrangements of juries in this country. The trial
by jury was so much and so important a part of
the Constitution of this country that any alteration
of it was regarded with the greatest concern and.
vigilance by those who are interested in preserving
the liberties of this country. For those reasons he
felt there was cast on him a task of very great impor-
tance, and on their Lordships also lay the necessity
of looking into this matter in the broadest and most
extended view that could be applied, to see what
really was the intention of the Legislature in passing
the statutes relative to aliens. In the statute of
Edward the words used were somewhat peculiar, and
had certainly been considered in different ways by
very considerable authority. It did not use any
expression denoting any distinction between aliens
and denizens; but it used words which would
render its provisions applicable both to aliens and
denizens. Mr. Chitty (vide " Chitty's Criminal
Law," vol. i., page 525) says—" Besides the ordinary
special jury, there is another description of jury,
which aliens and denizens, by the humanity
of our law, are entitled to demand," treating
it as a matter of right that both aliens and
denizens were entitled to be tried by a jury de
medietate linguae. In the subsequent Act the word
" denizens " is not used at all, and therefore that
would probably militate against the proposition he
had to submit to their Lordships ; but if their Lord-
ships interpreted the Act of Edward as Mr. Chitty
had done, they would say that every person born
abroad and under foreign allegiance would be entitled
to a jury de medietate lingnm, and would be in a po-
sition to demand it as a matter of right. Now,
from the time of the statute of Edward every alien
or foreigner had been in the habit of claiming a jury
de medietate linguae, and the mode in which it was
done was by no means unimportant. In the second
volume of " Hale's Pleas of the Crown," p. 271, it was
said "if a person alleged that he was an alien, he
might challenge the array for that cause ;" but neither
there nor in any of the authorities which he (Mr.
Ballantine) had had the opportunity of looking at, did
any issue seem to have been raised on that sub.
ject. The Act of Parliament granted the privilege
to aliens and denizens, and it would', unquestionably
appear that none but aliens and denizens would be
entitled to that privilege; but there was no means
pointed out by that Act of Parliament to settle whe-
ther a person was an alien or a denizen, nor was he
aware of any power in any court to decide that
question. He should say that if a person alleged
himself to be an alien, it seemed to have been the
intention of the Legislature that he should have a
mixed jury, merely on that, his allegation. The
practice before criminal tribunals in this country
always was, that where a prisoner was a foreigner,
the officer of the court asked him whether he
wished to have a foreign jury, and no issue was ever
raised ; but upon that allegation (using the words of
Lord Hale) a jury de medietate ling= was awarded
as a matter of course. Under these circumstances he
submitted that the Attorney-General had no power
whatever on the trial to place this woman upon proof
of her being an alien, and that her allegation of being
an alien was sufficient of itself to entitle her to have a
mixed jury. Up to the time of the statute of Victoria
such a right would have been allowed to her ; and
now the question was whether that privilege had been
taken away by the statute to which he had just
referred—that was, whether she was entitled to that
privilege, being indicted with another person. The
Attorney-General, to support his view of the case on
that point, had relied on the case of Barr (" Moore's
Reports," p. 657). That case was quoted upon the
trial, and he (Mr. Ballantine) had given it a
great deal of consideration since, and he con-
fessed he was not quite able to understand the
meaning of that case or the application of it, except
generally that under some circumstances or another
a foreigner shall be ousted of a jury de medietate
linguae, but what those circumstances were he con-
fessed it was very difficult to understand. He should
submit that supposing that case to be an authority
for ousting a co-detendant from a jury de medietate
linguae on the ground that he was connected with
other parties, it. would be a violation of the statute of
Edward 111., and the subsequent statute of George
111. would be rendered absurd almost, for there
would always be a great number of cases in which,
by a foreigner being indicted with others having a very
trifling share in ithe imputed crime, he might be de-
prived of his unquestionable right to have a mixed jury.
According to every principle of law there could be no
difficulty in trying these persons rparately, and he
therefore apprehended their Lordships would rule that
this case of Barry was not one in point. He was re-
minded by his Learned Friend that this was a joint
and several indictment, and both parties, or either of
them, might have been found guilty ; and upon consi-
deration he was convinced their Lordships would be
of opinion that the case ought not to deprive a de-
fendant of a privilege awarded to him by Act of
Parliament. But the great point in the case would
turn upon the construction to be placed upon the Act
of Parliament quoted by the Learned Attorney-
General on the trial. Did its operation take away
the right to be tried by a jury de medietate lingua ?
In deciding that question it would be his duty, in the
first instance, to call their Lordships' attention to the
2d and 3d sections of the Act, in addition to the one
by which the •disability is supposed to be created.
By the 16th section of the 7th and Bth Vic., chap.
66, it was enacted that a woman m naturalised,a
natural born subject, or to a person
should herself be deemed and taken to be naturalised,
and entitled to all the rights and privileges of a
natural born subject. It was quite clear, however,
that she could not take all the rights end privileges
of a natural born subject, and he would pre-ently
show their Lordships why. The 6th section of the
same Act points out the way in which aliens can
become naturalised. It was by obtaining a certi-
ficate from the Secretary of State, but the statute
provided that no such naturalised subject should be
capable of becoming a Priry Councillor or a Member
of Parliament, while the Secretary of State might
insert in the certificate what other restrictions he
thought proper. Now, it could not be con-
tended that an alien woman being married
to a British born took more privilege than a
naturalized subject. There were certain other
exceptions contemplated by the Act, clearly indi-
cating that a naturalized subject ought to be placed
in a different position to a subject born within the
realm, and when, therefore, they looked at the