The Sun.
London, England, 1841-04-05 00:00:00

THE LORD'S DAY QUESTION.

(FROM A CORRESPONDRNT.
On Tuesday evening, the 30th of March, a public meet-
ing of the friends of the better observance of the Sabbath
was held in the Church of Scotland in this town. There
were no placards out. The meeting had been called by
announcements from the pulpits of various chapels and
churches on the Sunday evening.
William Chapman, Esq., was called to the chair, and
introduced Sir Andrew Agnew to the meeting, who ad-
dressed it for a considerable time on the pregress of the
better observance of the Sabbath, and on the increase of
societies on the subject. He pointed out the necessity of
testing the subject on the question of the Post-office, and
showed how in London, the largest, city in Europe, the
shutting of the Post-office occasioned no inconvenience
there. He contended that the mail might cease every
Saturday night at twelve o'clock everywhere, and com-
mence again at twelve on Sunday night. He pointed out
the morel deterioration induced in those who were wrought
on Sundays, and instanced a case of canal boatmen, who
had been highly improved by being allowed to work until
twelve on Saturday night, and rest on the Sabbath day,
and commence at twelve on Sunday night. He called on
every one in their sphere to exercise their power and in-
fluence, and put a stop to Sabbath desecration.
When the Chairman was about to close the proceedings,
Mr. Robert Lowry rose, and said he was a friend to the
go
better observance of the Sabbath, and wished to say a few
begged them to
to he
on
noit-dhse .
platform,(Cri es obfe (
" Tr, o
Lthoewpnla)tfobremgg.'
dis-
miss from their minds all apprehensions that he was op.
r
posed to the proper observance of the Sabbath. A day of
was of momentous importance to the working man, to
give relief to his toil-worn frame, and no privilege ought
to be more highly prized. He was lately in a neighbouring
country, and he telt the absence of that quiet calm ne-
cessary, to the enjoyment of rest, which could not be en-
joyed with pleasure when one saw his fellow beings
toiling around him ; but if legislation began where was it to
end ? He would like to see men protected from being
forced to work on the Sabbath day, but would it end
there? Would there not be an attempt to bind and regu-
late their minds also? No free labourer would work en a
Sabbat'u day if he could avoid it. Work was not a thing
men loved so well that they wished ever to be at it ; it was
only to satisfy their necessities that men laboured. In speak-
ing on this subject he had been told that among the weavers
in Spiialdelds the clank of the loom might out be heard on
the sab'eatim-day. Was there aught so pleasurable in silting
in a cold, cheerless room, or a dirty, lonely garret weaving,
that a man would t ether do so than be abroad enjoying God's
free and health-invigorating air:? No, it was necessity that
induced him to labour, perhaps to finish the piece that had
and who needed
there were labourers who ware not free,
common hackney coach, or
to enable him to procure his Monday's breakfast. But
protection. Why attack tvvhielen
the carriage of the rich
conveyance for the p
Parliament,that hired male and
them petition
be not allowed to do any Man-
' fensle servants of the rich
Bishop or Pjer could be used for their pleasure? Let
the Sabbath day, and
of worship they be face to attend, ans, place they
that
that day. It was all well thus to protect men from
choose on
d to work, but he would like to see those around
being force
ner 'of work within their gates on
Lim act consistently, and attempt to remove the evils that
sea night, and thus take
days.einHe was afraid
religious t
,ei
cause, mew to work for food on the Sabbath day. He did
not think much of the morality er improvement those
masters could give their men who would work them
ann
seven
at
tdv twelve
owr o'clock
chleo cfskr a
o bmohnat Saturdaythhem
inwouldn
They had once had fines inflicted for not attending thyerEst3a'-.
blished Church on Sundays, and under that law
many of the
Society of Friends had been severely fined, and it might
come again, if legislation once begun. He bad heard, that
night, visiting of friends and ether walks called a breach
of the Lard's day. Now, men differed as to their mode of
worshipping God, and he bad yet to learn that it was neces-
sary to be within four stone walls in any church or chapel
to do so. The worship offered from a.' free heart on the
mountain side. or ocean shore, in the vast temple cf Nature,
teas as holy as any offered in a church. Religion was a
thing of the heart, not of form and ceremony and pro-
fession. Ile protested against all interferenee with men's
religious freedom.
Aftema.'ds Mr. Williams attempted to speak, but was
most uafeirly treated by the chairman. Mr. Williams
offered to discuss the divine origin of the Sabbath, and said
that legislating on it ought to be opposed by Dissenters,
if conFhtent. The chairman abruply closed the meeting.
No resolutions were put, but a vote of thanks to Sir An-
' drew, by time chairman, also one to Mr. Lowry, by Mr.
Williams.
Newcastle on Tyne, April 1.

CENTRAL CRIMINAL COURT.---TiliS session,
which is the sixth during the present mayoralty, and the
seventy-vighl since the establihment of the Court, com-
ro„,:ng tlis day. In consequence of a great number of
prisoners being tried at Chelmsford, Maidstone, end
Kingston Assizes, who would otherwise have been com-
mitted to Newgat the calendar is, is a numerical point
of view, comparatively light.. It contains, however,
several o';argei of a highly penal and some of a sanguinary-
character. As there are several prisoners under a course
of examination at the police-offices, the Court is likely to
he c.ccupied the entire week.

LORD DE:

iEFENCE.

(From the Examiner.)
The Lord Chief Justice's long speech in defence of
his conduct upon the case of Lord Waldegrave, would
have been reduced to a very few words if he had con,
fined himself strictly to what he had to state in explana-
tion of the matter. A dozen words conveys all that he
had to offer in self-justification or palliation ; the rest of
the speech was given up to the expression of soreness,
and something worse.
Lord Denman began by overstating the charge against
him, a common contrivance for making the most of an
imperfect defence. He said that he had been accused
of having stopped the proceedings against Captain Duff
and Lord Waldegrave, and compelled a compromise.
This is not the true representation of the charge, which
was, that Lord Denman had recommended a compro-
mise, and that his recommendation would have pre-
Nailed, and what was due to public justice would have
been evaded, if the Commissioners of Police and the
Minister for the Home Department had not refused to
consent to the Chief Justice's recommendation of a com-
promise. We reprint the extract from the Chronicle's
law report, upon which our remarks were founded :
The jury having been thus completed, Sir F. Pollock,
who appeared fur a defendant named Duff, said th..t his
client and (he believed he spoke as well fur his learned
friend Mr. Thesiger as for himself) Mr. Thesiger's client
were willing to make the first reparation, by withdrawing
the plea of not guilty and pleading guilty.—Mr. Thesiger
vid thst they had, after full consideration, determined to
adopt this course.--Mr. Chambers said that he had no
power to object to this course, if hia Lordship, in his dis-
cretion, permitted it to be adopted.--Lord Denman said
he should permit it, and his Lordship added a suggestion of
a substantial compensation to the party injured.—Sir F.
Pollock said that the defendants were deeply indebted to
the Lord aief Justice fur having thrown out this sui.;gos.
Con.

Mr Chambers, the counsel for the prosecution, had
said that if the Chief Justice permitted of a private ar-
rangement he bad no power to object to that course,
Lord Denman was reported to have given his permission
accordingly, and advised a substantial compensation.
Upon this representation was grounded the chsrgr, not
of arbitrarily stopping the proceedings and compelling
compensation, but of giving permission for a compro-
mise, which the counsel for the prosecution had declared
he could not object to if so sanctioned.
Such was the report and the charge founded upon it ;
but Lord Denman's account of what he said varies
from the report in the Chronicle, and of course we are
bound to take his version, which is also that of the
Times.* Upon the plea of guilty, and the expression
of the wish to make atonement, his Lordship states
that—
" At least they act right now ; let their plea be with-
drawn and a plea of guilty be recorded. 1 hope the case
is of such a nature as to admit of its being sailed by pri-
vate reparation."
Now really there appears to us to be no very material
difference between the effect of these words and that of
the expressions in the other report.
There is, indeed, wonderful simplicity in the remark
" at least they act right now," as if prisoners at the bar
with a clear case against them were not usuallje in a very
penitent mood, and ready to do anything tes escape
punishment.
As to the character of the case Lord Denman de-
clares complete ignorance of it. That he never read,
and never heard, of an outrage which was the ezhject
of comment in every newspaper, and of conversation in
every company, is extraordinary, but we must be lieve
it, of course, as Lord Denman says it.
Lord Denman's justification, then, amounts to this,
that be knew nothing whatever of the case, and that he
allowed of a private arrangement in the hope that the
case was of a nature to admit of it. Why, he may enter-
tain the same hope in every case of indictment for aseanit
of which he knows nothing, and with this speech for a for-
mula, permission for private arrangements may peel:; as
matter of course. Surely it was the duty of the Chief
Justice to have ascertained that the case was of a
nature to allow of compromise before he gave per mis-
sion for such an arrangement.
Lord Denman explains that in cases removed by
certiorari the depositions are not in the hands of the
Judge ; but without the depositions the Chief Jus cite
might surely have seen enough, prima facie, in the in-
dictment to show that the case was not of a nature for
compensation, it being for an assault committed on an
officer in the execution of his duty. Now the ea me
considerations which, for the preservation of the dis ci-
pline and conduct of the Police-office, cause the Pol ice
Commissioners and the Secretary for the Home De-
partment. to discountenance compensation to maltr e, .ted
officers should surely have occurred to the Lord C hief
Justice, and it should surely have appeared to hien at
the first glance at the indictment, that inasmuch :es
it
was for an assault on an officer it was hot a caste for
compromise.
In justification of the compromise he would .have
permitted, Lord Denman argues that in cases of
private injury it is better that compensation sip.
be made to the sufferer than that a fine show el be
paid to the public treasury. It may be so ;. hut
what does the law, which the Chief Justice is ap-
pointed to administer, direct? The law makes the
wrong proceeded against by indictment penal.; the
Chief Justice, whose duty it is to administer the law
thinks proper to bring about the evasion of it by at ar-
rangement between the parties, in which the injure( as-
sesses his own damages. The proceeding is thu.. by
indictment, but virtually the result is the civil rev edy
extorted by the fear of punishment. The proe.etutor
has chosen his form of procedure, the law has pre-
scribed the nature of the redress, but the Judge de-
feats the intention of the law. But here we raay be
told that the Chief Justice was aware that the injured
man had not been allowed any option in the mode of
procedure, and that the Commissioners of :Police
carried on the prosecution ; but if Lord De amen
knew this, he wilfully attempted to thwart the et ds of
justice sought by the Commissioners.
The law is imperfect, we agree : the law should
allo.v of both the criminal and civil remedy 'eoneur-
rently—the criminal proceeding for the public example
—the civil for the reparation for the injury to the in-
dividual. And feeling the defect of the law, why does
not Lord Denman, in his place in the House of lords,
propose the desirable improvement in it ? Wcsuld it
not be more becoming on his part to amend the law in
the Legislature, than to set the example of evading
in his high seat of judicature ?

As it is, magistrates are too much disposed to fai our
the private arrangement of matters of criminal prosecu-
tion, and it is to be observed, that in this practice the
first regard must be to the wealth of the parties. 11
the prosecutor be rich and the prisorer poor, no pri-
vate arrangement can be thought of. The deleneant
must be in a condition to prefer paying to suffering in
person, or the expedient will never be suggested.
Lord Denman, evidently alluding to the comparison
in this journal between the sentence of fifteen ye irs'
transportation on Stephen Hodge, and the proposed
private arrangement of the more savage and violent
outrage at Hampton Wick, treats Mr. Justice Erskine
as attacked, and is
_good enough to undertake his de-
fence. There has been no attack on Mr. Justice Ers-
kine, no impugnment or the fitness of the sentence al-
luded to ; it appears, undoubtedly, a heavy punishment,
but for the protection of the police against such out-
rages the severity may be thoroughly- necessary.
Lord Denman
Thought it. indeed, most extraordinary that one man
could know that one case, on which the evidence had not
been giver, was much more heinous than rnother, the
evidence on which wa; fully Leard.—(Hear, hear.) He
was at a 10,s to conceive what right any one had to mike
such a statement when he was in ignorance of the facts
of the case.
The facts of Lord Waldegrave's ease have been
known to all the world except Lord Denman--the
facts in evidence before a Magistrate that a police
cfficer in the execution of his duty was wantonly
assaulted, heat to a state of insensibility, :ad ttiat
his life was in danger for some days. To the indict-
ment for this outrage Lord Waldegrave and Ca; t.
Duff have pleaded guilty ; it is therefore idle to pre-
tend that there is any question or uncertainty aaout
the offence, or the character of it. We believe that
any new information that can be produced, not as to
the acts, but as to the melancholy results, will make
the case appear graver than it has yet been sup-
posed in its consequences, for the sufferer, as we lately
mentioned, is reported to be reduced to a state of hope-
less imbecility.
But Lord Denman does not only deny the data for
our comparison, he goes farther ; he scouts the idea of
compering the sentences for the same cffences, and re-
quiring anything approaching to equality in the mea-
sures of justice.
"What a notion it was that persons could take a sentence
in one peace and a sentence in another, and apply to them
• a hind of foot rule.( Hear, hear)—to say here are the
circumstances of one case, and there are the circumstances
of another, and that therefore there was a gross disparity,
and then to cast imputations upon a Judge who could not
reply in an ordinary way, like other men."
Now we will promise Lord Denman to make this
passage the standing motto of the comparisons which,
as the occasions arise, we shall continue to institute
between the elec.:sures of justice dealt out to rice and
poor.
The Chronicle excellently remarks on the Chief Jus-
tice'' contempt for those who have a notion that for
similar offences there should not be very dissimilar sen-
tences

We are at a loss to understand chat the Noble and
Learned Lord means by objecting to the taking a sentence
in cne place and a sentence in another, and saying here
are the circumstances of one case and there are the cir-
cumstances of another, and under the same circumstances
there
is a great disparity in the sentences. This is say-
ing, in so many words, that there shall be no criminal law.
Does Lord Denman mean to contend that a criminal judge
should be governed altogether by discretion—that the
public should pay no more attention to the sentences t'iL:n
if they were determined by the tarowing of dice ? Why

• The report of the 'limes is much more meagre and
leas intelligible than that of tha Chronicle: and at the
close of it the Times' reporter complains that he could not
distinctly hear what pasbed between the Judge and the
Counsel.

write commentaries on our criminal law, and note the cases
decided in our courts, if the sentence in one case is not to
be looked to in another? If A commit murder, and is exe-
cured, may not the public assume that if B commit murder,
I,e al.o execu;el? Lew is the sci-nee of awle,_!iel.
It a se; tense of a particular kind has been pro.
(Jounced for a particular offence, we do not see why it
should not be expected that, on a commi,sion of the same
offence, the same punishment should follow. We do not
know what his Lordship means by a kind of foot rule,
except that he thinks judges should have no rule whatever
to govern there. Sir Samuel Romilly mentioned a curious
instance of the disposition of English judges to act capri-
ciously. In a csse of horse stealing, the principal was
tried before Lord Loughborough, and sentenced to six
months' imprisonment. An accessory, who had kept out
of the way, on learning this result surrenA!ered, and was
tried by Mr. Justice Butler, and he was sentenced to be
hanged. It was quite clear that these two judges had very
different rules to measure by. We are far from contend-
ing that Lord Chief Justice Denman should be implicitly
bound to tread in the footsteps of Mr. Justice Erskine,
though, if the latter judge merit all the culogiums be-
stowed on him by Lord Denman, we do no see why the
latter should be so eager to anticipate the possibility of dif-
fering from the former."
Trite is the truism that the wisest are liable to occa-
sional error, and if Lord Denman had frankly avowed
that he had been inconsiderate in permitting of a pri-
vate arrangement in the case of Lord Waldegrave, it
would have derogated nothing from his reputation as a
Judge ; but we sec him now drawn by the foolish
defence of an error into the denial of the first principle
of justice. If Lord Denman had confessed a lapse in

the incautious sanction of a compromise in a case not
allowing it, we should hate 11,1 d no fear of his repeating
the error ; but when the Chief Justice treats with
supreme contempt the idea of objecting to the grossest
inequality in punishments for the same offences, tl,e
public m:iy become reasonably alarmed for the adminis-
tration of justice.
The Chief Justice, in ridiculing the application of
the foot rule of one kind, implies a preference for the
foot rule of ancther sort—the foot rule which, in Se!..
den's illustration, is the law of equity—varying as much
as the size of the Judges' feet.
Lord Denman is very lofty in his contempt for news-
paper strictures, which he assures the Lords he would
not have condescended to notice if some great authority
in the other House had not repeated the same argu-
ments. Who the great authority is no one can tell ;
we know as little of him as Lord Denman knex of
Lord Waldegrave's offence, and we are almost disposed
to think that he is conjured up as a legal fiction for the
ac Manz notice of the newspaper censures ; but certain
it is that, notwithstanding Lord Denman's high and
mighty contempt for the opinions of the press, the at-
' tempt to answer them was the laboured object of his
speech from beginning to end.
Expressions of scorn are level to all capacities
but the high, and arc the ready weapons of all
causes but the strong. It is easy for Lord Den-
man to speak contemptuously of the press, it is
easy for him to profess a superiority to its cen-
sures ; but he confesses most unequivocally, in ac-
tion, the power which he affects to despise when
he, the Chief Justice, appears dragged to the bar of
public opinion by it to account for his conduct.

_ .
Lord Denman is vehemently indignant at, the suspi-
cion that he can Lave had regard to persons in any judi-
cial suggestions. We believe him incapable of allowing
himself to be biassed, consciously, by class sympa-
thies ; but we also believe the class sympathies (and
especially in the case of those newly risen to aristocra-
tic class) to be of wondrous subtlety, and that many and
good men are influenced by them unconsciously. Cer-
tain we are that, if instead of the Queen against the
Earl of Waldegrare, the prosecution had been one of
the Queen against Snooks, the Chief Justice would not
have thought of a private arrangement.
The aspect of the Waldegrave affair was, it is to
be remembered, strongly corroborated by the beha-
viour of Lord Denman on Lord Cardigan's trial. It
was felt that both Noblemen were under great
obligations to the Chief Justice, and the counsel for one
of them, Sir F. Pollock, avowed in Court how much

his client was indebted to his Judge ; as for the other,
Lord Cardigan, it is reported that he te,tified his sense
of the extraordinary kindness shown him by leaving his
car-3. at Lord Denman's door, and it is also said the
Chief Justice was not greatly pleased with the mark of
acknowledgment.

EXECUTION OF MATTHEW

FOWLES.

STAFFORD, APRIL 3.—The unhappy man, Matthew
Fowies, who was capitally convicted on the 17th of
March, before Mr. Justice Coleridge, for the horrid
murder of Martha Keeling, at Newcastle-under-L3me,
was executed this morning, precisely at five minutes
past eight o'clock, en the drop erected in front of our
county gaol. The culprit persisted in denying his
guilt to the last moment prior to thu fatal bolt being
withdrawn.

Ever since his condemnation Fowles has remained in
a sullen state of mind. To every exhortation to repen-
tance and confession he has invariably replied he had
ao confession to make, and never heard of the crime
until he had been apprehended. Every attention has
throughout been paid him by the chaplain, the Rev. R.
Buckeridge, and the governor of the gaol, 'l'. Bratton,
Esq.

Several applications have been made by the prisoner's
attorney for a respite, but Lord Normanby saw no
grounds whatever for conceding the request.
As early as three o'clock this morning, the usual pre-
parations for the erection of the drop took place. We
learn that during the night the prisoner slept soundly,
and partook of a hearty breakfast at five o'clock, and
afterwards appeared to be fervently engaged in prayer.
Shortly after seven o'clock the wretched culprit was
conducted to the chapel, preceded by the Governor and
the Reverend Chaplain. He entered the chapel with an
unfaltering step, and after casting a glance around, he
took his place at the communion-table. Immediately
on kneeling down, he appeared to be engaged in
silent devotion. Before the Rev. R. Buckeridge
entered upon the service of the Communion, ho so-
lemnly charged the prisoner in the following
terms :—" I charge you, as in the presence of Almighty
God, in whose presence you will shortly appear,
did you, or did you not, participate in the murder of
that woman ?" The prisoner, in a firm but low tone of
voice, replied," No, sir." On repeating the question in a
I form of words to prevent any evasion, he inhesitatingly
replied, " I never knew a word at all about it until I
was taken into custody." The service then proceeded
in the most affecting manner, the Rev. Chaplain being
greatly moved as he went through the solemn ordi-
naece. hen the Chaplain arrived at the exhortation
of the Saviour, " Come unto me all ye that travail ei.d
are heavy laden, and I will give you rest," the unfor-
tunate man appeared to pay particular attention to the
words. The worthy Governor assisted the culprit to
find the several parts of the service, and appeared much
affected. Throughout the administration of the Holy
Sacrament, Fowles's firmness appeared never to leave
him for a single moment, and he retired from the chapel
to the condemned cell without betraying the slightest
emotion of fear, preserving, however, the same decorum
which he had maintained during the impressive service.
On entering his cell he presented to the Governor a
little book, entitled " The Sinner's Friend," with a re-
quest that he would give it to a fellow prisoner, whom
he named. The Governor then, in the most solemn
manner, besought him to tell the whole truth before he
left the world, and not to die with a life in his mouth.
Foe les again declared that he knew nothing about the
murder, and that he had told the truth as far as he knew.
About eight o'clock the executioner entered the cell,
and proceeded to pinion the unhappy man. Whilst he
was performing this office it was most surprising to
witness the unshaken demeanour of the prisoner. The
Governor said, " Fowles, I hope you are not going to
leave the world with a lie in your mouth ?" He
re-
" No, sir." The Governor added, " You know
that your punishment will be more than tenfold in the
next world if you do." The prisoner replied, " Yes,
sir, lam aware of it." He then requested that
his
coat and bat might be given to Ellis, one of the boat-
men, who was reprieved only a few hours before the
time fixed for his execution last year, and who still
remains in the county prison.
The Under Sheriff, R. W. Hand, Esq., having, aside
to the Governor, made the usual demand for th• body
of the culprit, he was delivered up into the hands of the
executioner. The Chaplain immediately commenced
reading the burial service, and with the Governor and
Under Sheriff, preceded the prisoner to the drop, the
prisoner walking, unsupported, with a firm step. He
ascended the scaffold likewise without assistance, and
took his station under the fatal beam. After the rope
had been placed round his neck, the Governor asked
him
hcorlaldpla liikne, hto,
say one word ; and turning to
for the last time whether he had any further corn
munication to make? H e replied,the i
he
eev
said, " It's hard to die an innocent man for this thing."
The Rev. Chaplain then added, " You still assert your
In a
innocence ?" To which he replied, "Yes, sir.'

. -
a few seconds the bolt was drawn, and the unhappy man

was launched into eternity. His death was almost in

stantancous.

The spectators began immediately to disperse. We
undt,rstand that a fellow was detected by one of the
Stafford police picking a person's pocket in the crowd.

THE WEATHER.

ROYAL GALLERY OF SCIENCE, ADELAIDE-

STREET.

Now APRIL 3.
Barometer 29 72 In.
Thermometer
Highest 55
Lowest
Wind W. by N.—Freezing Point 32 Deg.

CASE OF MR. APLEOD.--The official news
from the United States, brought by the Britannia, was to
this effect, that the Government of the United States
would positively interfere to stop the trial at the proper
stage, and that it entertained the most friendly disposition
towards England. we presume, therefore, that all ap-
prehension as to the conclusion of that much talked-ot,
aud, we hope, overrated affair, must now entirely cease.