The Sun.
London, England, 1847-12-03 00:00:00

GOLD AND SILVER COIN.

Dr. BO WRING was understood to postpone his
motion for returns relating to the gold and silver coin,
bullion, and bank notes in circulation, issued from the
Bank of England since January 1845, and other
returns connected with the Bank.
RAILWAY BILLS.

On the motion of the CHANCELLOR of the
EXCHEQUER, Mr. Hayter and Sir Thomas Birch
were added to the Select Committee on Railway Bills.

ADJOURNING DEBATES.

Mr. BROTHERTON postponed the following
motion until Wednesday :—" That when any new
business is brought on after twelve o'clock at night, if
it be moved and seconded that the debate on such
question be adjourned, Mr. Speaker shall immediately
declare the debate adjourned, without putting the
question to the vote."
COVICTION OF INNOCENT PERSONS.

Mr. EWART rose, he said, to ask a question of
the Right Hon. Baronet, which he conceived of the
greatest importance, as it affected the administration
of justice in this country. Several cases had recently
occurred of persons being found guilty whose innocence
had subsequently been proved. A girl, named Mary
Ann Turfourd, was recently convicted at the Central
Criminal Court, and sentenced to six months' impri-
sonment, for stealing a watch. A person was after-
wards convicted of the same offence, and the girl re-
ceived a free pardon. The next case was that of
Thomas Whalley, who was sentenced at the Stafford
Assizes to 15 years' transportation. After lying in
prison eight months, his innocence was made manifest,
and he was liberated. The newspapers had recently
furnished another case—that of a person named
Charles Butler, who having been wrongfully
convicted, also received a free pardon. There
were, he believed, many other cases. Three
men, who had been for years in Van Dieman's Land,
were proved to be innocent, they were pardoned, and
received 101. each as compensation. To him it ap-
peared a solecism in language to say that a man who
was innocent should receive a free pardon, because he
was entitled to his liberty without its aid. Sir
Samuel Romilly introduced a Bill to give compensa-
tion to innocent parties who were convicted ; but he
did not live to see his benevolent purpose carried
out. He (Mr. Ewart) considered that a court
of appeal should be established for criminal
as well as civil cases. It was true a writ of error
might be instituted in a criminal case in a point of
law, but such a court could not entertain any criminal
question which rested upon facts alone. Sir Fitzroy
Kelly, who was not now in Parliament, had intro-
duced a Bill to effect so desirable an object; but
it did not meet with the support of the House. He
wished now to know, looking at these cases, to which
had called the Right Hon. Baronet's attention,
whether the Government intended to establish such
a tribunal ?

Sir G. GREY said, in simply replying to the ques-
tion, it w mid be unnecessary for him to enter into
the whole question with reference to the necessity of
establishing a tribunal like the one suggested. He
considered, however, that if a tribunal of the kind
had been in existence it would have s fforded no re-
medy in any one of the cases brought under review. So
unfavourable an opinion did it appear Sir F. Kelly
entertained with respect to a court of criminal appeal,
that whilst he sat in Parliament from 1844 to 1846 he
did not re-introduce his Bill. With respect to the case
of the girl Turpin, if a court of appeal had been in ex-
istence she must have waited to the ensuing term before
an appeal could have been lodged ; and if a new trial
were granted it could not have taken place until a
future session. The Recorder wrote to him on the
24th of October, stating that a person named
Walsh had been convicted of the same offence,
and that consequently the girl was innocent. On
that very day an order was sent from the Home-
office to the prison ordering her immediate liberation.
—(Hevr, hear.) Her liberation could not have been
effected more speedily. Then with respect to the case
of Thos.W halley,for which he had received much blame.
After a proctracted trial he was convicted ; for three
months that case never came under his (Sir G. Grey's)
attention, and be never heard of it until a memorial
was presented to him in June. The usual course was
then taken. On the 16th of June he referred that
document to Mr. Sergeant Gaselee, who heard the
case. Some considerable time elapsed before he (Sir
G. Grey) heard anything further of the matter; but in
the month of August, at his suggestion, Mr. Sergeant
Gaselee was reminded that he ought to snake his report;
on the receipt of the letter, Mr. Sergeant Gaselee
stated that he had delayed making his report
in conequence of the wish of the prisoner's
counsel.—(Hear, bear.) On the 28th of August
he (Sir George Grey) received Mr. Sergeant Gaselee's
report,lbut it was of such a nature as to require fur-
ther consideration. The fact was upon the
evidence that had been adduced. Sergeant
Gaselee was satisfied of the correctness of
the verdict, but further facts coming to his (Sir
G. Grey's) knowledge, he referred the case to one
of the Barons of the Exchequer, who also con-
sulted with Mr. Sergeant Gaselee, and on the
9th of October he received their report, both of then
unanimously considering that the verdict was wrong,
and that the prisoner ought to be discharged,
and immediately upon that report being re-
ceived the man was discharged.—(Hear, hear.)
With respect to the case of Charles Butler, he was

di.,rhargerl upon a nv.q.lical errtiente that hiF,frthPr
AVith reaard to I

Janger t

confhleinerit would t
the three prisoners transport‘24l to VAT) Diemair
Land improperly, it was true that they were brought
home, and had 101. each. With respect to the court
of appeal, to which the Honourabl Member had
referred, in criminal cases, he for one should
be glad to get rid of the responsibility that
attached to the office he had the honour to hold, but as
to the establishing of such courts, he would not then
go into the policy of the adoption of such a course.
PAUPER LUNATIC ASYLUMS.
_ _

Mr. DEERING inquired of the Secretary of
State for the Home Department whether it be
his intention to enforce the discretionary power
vested in him by the Act 7 and 8 Victoria, c. 126,
where an asylum for pauper lunatics shall not have been
begun upon before August next in any county of
England, the funds for defraying the expense of
the same being forbidden by the same statute, as well
as by the Act 9 and 10 Victoria, c. 84, to be raised
at a higher rate of interest than five per cent.; or
whether he means to reserve such exercise of his in-
tention until moved to do so through the medium of
presentment by the local authorities ?
Sir G. GREY said that if it appeared that the jus-
tices in any county failed in the execution of their
duty, he should not fail to exercise the discretion
vested in him.