The Sun.
London, England, 1847-04-03 00:00:00

MAGAZINES—(CONTINUED.)
BENTLEY.
In the present number of Bentley, both " Brian
CrLinn" and " Captain Spike" are continued. The
latter novel will most assuredly be one of thebest that has
ever proceeded from Cooper's pen. The 6th chapter,
which we have presented to us this month, is full of
stirring incident. It will be recollected that we left
the Swash alongside the Spanish schooner, which she
had succeeded in weighing, and that the barrels of
!gunpowder flour were ranged, some on the
islet and more on the deck of the Swash.
During the night the brig is boarded by a boat,
from the frigate Poughskeepie, with our old friend
Wallace on board, who expresses his surprise at find-
ing the Swash among the islets of the Gulph. Spike,
however, explains that he has sold his flour to the
Spaniard alongside, to be taken to the Havannah, and
relates the circumstances attending the sinking and
the reweighing of the schooner. Wallace, professing
himself to be satisfied, returns to his frigate. Deter-
mined to get rid of his flour as soon as possible, he
lands Mrs. Budd, Rose, and Biddy on the island,
where he places them under the care of Jack Tier,
and proceeds to work to get the schooner's cabin clear
of water with all possible expedition, so as
to enable him to get at the dollars in the state room,
having secured which, it is his intention to sail at
once out of the neighbourhood of the frigate, which
has been gradually approaching him. The cabin
being nearly free of water, he goes on board the
schooner to secure the plunder, and at the same time
orders Mulford " to loosen the sails and to sheet home,
and hoist the fore-topsail. In a word to see all ready
to cast off, and to make sail on the brig at the shortest
notice." While groping in the cabin of the
schooner after the treasure, one bag of
which he secures, Spike is alarmed by the
report of guns. The Poughskeepie, seeing the
preparations on board the Swash for sailing, has
opened a fire upon her. Spike mans his boat, and
goes to the island, determined to take off Rose with
him, even if he left the other woman. She finds,
however, an unexpected champion in Jack Tier,
who, while Spike is carrying Rose to the boat, pre-
sents a loaded pistol to the captain, and commands
him to release her. At the same moment a Paixhans
shell, fired from the Poughskeepie, bursts among the
barrel& of flour on the island, which of course explode,
each flour barrel having a kernel of gunpowder ;
and Spike, alarmed for the safety of the Swash,
whose deck is loaded with barrels of a similarly com-
bustible character, leaves Rose to her fate, and hastens
on board, his first order being to tumble every one
of the barrels into the sea. We must give the re-
mainder of this chapter in the words of Mr. Cooper
himself, premising that it would be well that the
Lords of the Admiralty should read and reflect upon
the first sentence of the extract, and consider whether
in the event of hostilities, our sloops of war could
venture to attack the Paixhans armed sloops of Uncle
Sam :
" Great and important changes, as has been already
mentioned, have been made in the armaments of all the
smaller cruisers within the last few years. Half a
generation since, a ship of the rate—we do not say of
the size—of the vessel which was in chase of Spike and
his craft, would not have had it in her power to molest
an enemy at the distance these two vessels were now
apart. But recent improvements have made ships of this
nominal force formidable at nearly a league's distance;
more especially by means of their Paixhans and their
shells.
" For some little time the range carried the shot
.directly over the islet of the tent, Jack Tier and Rose,
both of whom were watching all that passed with intense
interest, standing in the open air the whole time, seem-
ingly with no concern for themselves, so absorbed was
each, notwithstanding all that had passed, in the safety
of the brig. As for Rose, she thought only of Harry
Mulford, ad of the danger he was in by those fearful
explosions of the shells. Her quick intellect compre-
hended the peculiar nature of the risk that was incurred
by having the flour-barrels on deck, and she could not
but see the manner in which Spike and his men were
tumbling them into the water, as the quickest manner of
getting rid of them. After what had just passed between
Jack Tier and his commander, it might not be so easy
to account for his manifest, nay, intense interest in the
escape of the Swash. This was apparent by his
troubled countenance by his exclamations, and occa-
sionally by his openly-expressed wishes for her safety.
Perhaps it was no more than the interest the seaman
so apt to feel in the craft in which he has long sailed,
and which to him has been a home, and of which
Mulford 'exhibited so much, in his straggles between
feeling arid conscience—between a true and a false duty.
" As for Spike and his people, we have already men-
tioned their efforts to get rid of the powder. Shell after
shell exploded though none very near the brig, the ship
working guns as if in action. At length the officers of
the sloop of war detected a source of error in their aim,
that is of very common occurrence in sea-gunnery.
Their shot had been thrown to ricochet, quartering a
low, but very regular succession of little waves. Each
shot striking the water at an acute angle to its agitated
surface, was deflected from a straight line, and described
at regular curve towards the end of its career; or, it
might be truer to say, an irregular curvature, for te de-
flection increased as the momemtum of the missile di-
me nished.
"No sooner did the commanding officer of the sloop-
of-war discover this fact —and it was easy to trace the
serirse of the shots by the jets of water they cast into
the air, and to see as well as to hear the explosions o
the shell, than he ordered the guns to be pointed more to
windward, as a means of counteracting the departure
from the straight lines. This expedient succeeded in
part, the solid shot falling much nearer to the brig the
moms nt the practice was resorted to. No shell was
fired :for some little time after the new order was issued,
and Spike and his people began to hope these terrific
missil'es had ceased their annoyance. The men cheered,
findin g their voices for the first time since the danger
had s eemed so imminent, and Spike was heard animat-
ing ti tern to their duty. As for Mulford, he was on the
coach -house deck, working the brig, the captain having
confided to him that delicate duty, the highest proof he
could furnish of confidence in his seamanship. The
handsome young mate bad just made a half-board, in
the neatest manner, shoving the brig, by its means,
through a most difficult part of the passage, and had got
her handsomely filled again on the same tack, looking
right out into open water, by a channel through which
she could now stand on a very easy bowline. Every-
thing seemed so propitious, and the sloop-of-war's solid
shot began to dop into the water a hundred yards short
of the brig. In this state of things one of the Paixhans
belched forth its angry flame and sullen roar again.
'There was no mistaking the gun. Then came its mass
ssf iron—a globe that would have weighed just sixty-
/eight pounds, had not sufficient metal been left out of its
interior to leave a cavity to contain a single pound of
powder. Its course, as usual, was to be marked by its
path along the sea, as it bounded, half a mile at a time,
;from wave to wave. Spike saw, by its undeviating
-course, that this shell was booming terrifically towards
his brig, and a cry to " look out for the shell 1" caused
the work to be suspended. That shell struck the water
for the last time within two hundred yards of the brig, rose
dark and menacing in its furious leap; but exploded at the
next instant. The fragments of the iron were scattered
on each side, and ahead. Of the last, three or four fell
into the water so near the vessel as to cast the spray on
her decks.
"` Overboard with the rest of the powder ! " shouted
Spike. 'Keep the brig off a little, Mr. Mulford—keep
her off, sir ; you luff too much, sir.' _ _
" Ay, ay, sir,' answered the mate.
it is.'
" There comes the other shell !' cried Ben ; but the
men did not quit their toil to gaze this time. Each
seaman worked as if life and death depended on his
single exertions. Spike alone watched the course of the
Missile. On it came, booming and hurtling through the
air, tossing high the jets at each leap it made from the
surface, striking the water for its last bound, seemingly
in a line with the shell that had just preceded it. From
that spot it made its final leap. Every hand in the brig
was stayed, and every eye was raised as the rushing
tempest was heard advancing. The mass went muttering
directly between the masts of the Swash. It had
scarcely seemed to go by when the fierce flash of fire
and the sharp explosion followed. Happily for those in
the brig, the projectile force given by the gun carried
the fragments from them, as in the other instance it had
brought them forward ; else would few have escaped
mutilation or death among their crew.
"The flashing of fire so near the barrels of powder
that still remained on their deck, caused the frantic
efforts to be renewed, and barrel after barrel was tum-
bled overboard, amid the shouts that were now raised to
animate the people to their duty.
" Luff, Mr. Mulford—luff you may, sir,' cried Spike.
"No answer was given.
"' 1)' ye hear, there, Mr. Mulford?—it is luff you
may, sir.'
" Mr. Mulford is not aft, sir,' called out the man at
the helm; but luff it is, sir?
" ' Mr. Mulford not aft ! Where's the mate, man?
Tell him he is wanted.'
"No Mulford was to be found. A called passed
round the deck, was sent below, and echoed through the
entire brig; but no sign or tidings could be had of the
handsome mate. At that exciting moment the sloop of
War seemed to cease her firing, and appeared to be se-
curing her guns."
This extract has extended to such a length that we
must be brief in our notice of the remaining articles.
The first, entitled, " Jenny Lind's Letter Bag,"
which is illustrated by an exquisitely engraved por-
trait of the Swedish Nightingale, is a quiz on the
mania for the publication of private correspondence.
We have a letter purporting to be from Lola Montes,
and
another front Mr. Bunn, with a very facetious
Imitation of the style in which the manager " does"
.I.l_ libretto. Albert Smith's theft from the Percy
liques, is the legend of the " Lady turned Serv-
ing Man," and the Gaol Chaplain contributes a
highly wrought description of the miseries of Jacob
Osborne
t_ the miser the legatee of old James Wood,
"tGlo'ster,under the title of " An Enviable Legatee."
Spring Tide," by Paul Pindar, is angling pastoral
not unworthy the pen of old Isaac Walton. Anti-
quarians will
on be pleased with Mrs. Thomson's paper
Peetry_ Whitehallwill and its predecessors • and lovers of true
find in the last article in the number a
km; it is entitled "A D • Wife to her Husband."
phis exquisite , Dying
little poem is " one entire and perfect
ellrYaolite."

, Keep her off,

'S.
tekt its reduced prDOLMAN
ice, Dobruin continues to main-
Its position as the English organ of the Roman

Catholics. If any particular difference is perceptible
in the periodical under its present management, it is
that the magazine is more especially devoted to
matters interesting to the class for whom it is in-
tended. The articles are more generally of a religious
character than heretofore, though there are still con-
tributions of a miscellaneous kind, and possessing a
popular interest. For example, we may mention, as
among the latter class, the paper contained in the April
number just published, headed " The Mystery Un-
folded," being a story of landlordism as it was and as
it is. From Mr. Jerningham we have a clever
article, entitled " The Pusillanimity of Error ;" and
from the Reverend Editor a dissertation upon
" Preachers and Preaching." Instead of the con-
tinuation of the editorial series about " The Last
Days of the Penal Laws," a topographical and anti-
quarian account of the Taunton Convent is prefixed
to Dolman. With an essay upon the " Real Origin
of Gothic Architecture," by Mr. F. A. Paley, and a
variety of minor contributions, the magazine sustains
its reputation.

DUBLIN UAIVEHSITY.
At a time when the public attention is so strongly
directed to the state of the Criminal Code, when it is
so universally admitted that some extensive alterations
and sweeping changes therein are urgently required,
while a Committee of the House of Peers are investi-
gating the subject, under the auspices of that distin-
guished legal reformer Lord Brougham, who in
fromutide r ttahkei n
igmtpoucrli et
iaens s e
thatt he
had Aug eaacne
usi le
iztt
eodf tdh law
ue
rin g
successive ages, took upon himself a task more ardu-
ous than any of the fabled labours of Hercules—it is in-
teresting in the highest degree to examine into the cri-
minal laws of a kingdom united to us by the closest ties,
whose executive and legislative authorities are the
same as our own, and whose children, by their orderly
habits, moral characters, respectful obedience to the
law, and freedom from crime, afford the strongest
evidence of the good effects of the system that has led
to such happy results. This duty the " Dublin Uni-
versity Magazine" has taken upon itself; and in its
first article presents us with a pleasing and instructive
sketch of the criminal jurisprudence of Scotland, and
the several peculiarities in which it differs materially
from that of England. In some respects we freely
admit our decided preference for our own time-
honoured institutions; while in the greater
facilities afforded to the accused party in
preparing his defence ; the more simple, pre-
cise, and straightforward character of the accusa-
tion or indictment; but above all in the extraordinary
precautions that arc adopted to avoid unfounded and
trifling charges; to prevent an innocent person from
being subjected to the punishment of guilt, by being
taken from his home and friends and detained in
prison an undue time pending the investigation of his
case ; in providing, that if wrongfully suspected he
shall labour under that suspicion for the
shortest possible time; that if it be sufficiently strong
to warrant a trial that trial shall take place with the
least possible delay; and if otherwise that the accused
should be forthwith set at liberty; and in obtaining
his liberty, in all save capital offences, on giving fair
and reasonable security, that he will be forthcoming
to abide his trial, we must yield the palm to the
Scottish practice. One of the most objectionable
parts of the Scottish law is the power con-
ferred on the Supreme Criminal Court, not
merely to expound the law as it is, but
also to punish every act which it may de-
clare to be of a criminal nature, though it had never
in times past been made the subject of prosecution, or
even considered criminal before. It is due to the
able and excellent men who have sat upon the
Scottish bench to say that this extraordinary power
has hitherto never been abused or perverted. It was
first laid down by Baron Hume, in his admirable
work, and although much diversity of opinion has
existed on the point, it would appear to have been
finally settled about ten years since in favour of the
power• Now, although in ordinary times such a
power might safely be intrusted to the Judges, a
season might come when, by the aid of unjust and
corrupt judges (and there have been such in times
past, and we may again perchance see others of a
similar description) it might be made a most formid-
able instrument of oppression, and in the highest
degree injurious to the national liberties. Although
many persons deserving of grave censure might there-
by be brought to justice, and made to receive a fitting
retribution for their offences, who might otherwise
possibly escape, it is far better that such should be
the case, than that even one should sustain unde-
served punishment. Another practice is that, save in
cases of high treason—which are in all respects con-
ducted according to the English law—there are no
grand juries. The sole power of prosecuting criminal
charges, and of liberating accused parties without
prosecution, is placed in the hands of the Lord Advo-
cate and his deputies, who are the public prosecutors.
We may to this apply the same observations as we
hare done to that placed in the hands of the Court,
viz., that although in ordinary times the force of
public opinion,. and the exalted station of the respon-
sible party, who would have no private interest to
serve, or revengeful feelings to gratify, whose sole
object should be ad vindietant publicam, would prevent
any undue exercise of the power, it might still be
strained by an unconscientious or time-serving man,
so as to be inimical to the general freedom. The
jury, too, are not required to come to an unanimous
decision—the opinions of the majority will be received
as conclusive. And thus the great palladium
of British liberty, that a man cannot
be punished save on the unanimous verdict
of twelve of his peers, is lost to our Scottish
brethren. Guilty men have undoubtedly escaped
by reason of the great strictness of our own law in
this particular ; but while the humane principle is re-
cognised that it is better that ninety-nine guilty men
should go free than that one innocent person should
be convicted% it is better that it should be so. The
refusal of even a single honest man to concur in the
verdict is conclusive that such a degree of doubt
exists as to entitle the accused to its benefit. In al-
most every other respect, however, we must admit the
superiority of the Scottish practice, the differences
are chiefly as regards the practice—the machinery
by which the law is put into operation. In Scotland
you will not see persons detained in custody for
many months, subject to all the contaminations of a
gaol, and the stringent regulations adopted for the
punishment of crime, hut by no means neces-
sary for the safe custody of the prisoner, which
should be the only object previous to con-
viction. If the offence is not capital, the ac-
cused is entitled to his liberation on giving
moderate bail, suited to his condition in life—the
maximum in every case is fixed by statute—it is 6001.
for a landed proprietor, 3001. for a householder, and 601.
for a private person, who is neither landowner or
householder. Generally speaking, however, it is
much lower in amount, and yet it has been found
quite sufficient to insure the attendance of the pri-
soner. Far better this, than what is.of daily occur-
rence here. Magis4rates obstinately refusing sol-
vent and sufficient surety, as if the imprison-
ment of the party was a matter of the most trivial
consequence. There are also local judges in every
county. The sheriff-depute and the sheriff-substitute—
who are perfectly independent men—holding office " ad
vitam aut culpam"—whose duty it is to try minor cases,
their power not extending to transportation; and also to
investigate all crimes committed within their juris-
dictions. Cases must in the first instance be brought by
the procurator fiscal, or local Crown prosecutor, before
the sheriff, who, it he conceive the evidence sufficient,
commits the party for trial. If the offence, however,
should be of too serious a character for the summary
jurisdiction, the extreme penalty under which, is
limited to :sixty days imprisonment, or a fine of 101.,
the precognition is forwarded to the advocate depute
for the circuit, who may stay proceedings. Before any
party therefore can be brought to trial, there
must be the concurrent opinions of the pro-
curator fiscal, the resident sheriff, and the
Crown counsel, that the case is proper for
investigation. We need not say how far superior this
is to the loose manner in which a person is brought
to trial here. The accused, too, is entitled to a copy of
the indictment, together with a complete list of the
witnesses to be adduced, and the panel from which the
jurors are to be chosen, at least fifteen days before his
trial ; and, by these means has every opportunity of
preparing his defence. Here an indictment is
mumbled over by a public officer, and the accused is
called on to plead, when in nine cases out of
ten he is unable to understand the charge
against him. We have gone to such a
length in noticing this article that we have left our-
selves little space for the other contents of the num-
ber. There is a spirited translation of the " Gamle
Norge," the national song of Norway, from the pen
of William Lander, and a pleasing article on the
" Vita Nuova" of Dante. " O'Sullivan's Love" is
brought to a conclusion. It possesses that thrilling
interest, that exquisite feeling, which Carleton gene-
rally succeeds in infusing into all his nar-
ratives. Nothing can be more beautiful than
the deep devotion, the heartfelt affection,
of John Cassidy for his fair cousin, and the manner
in which he concealed his secret, although it was
destroying his health and consuming his very life, until
the hour of his death, when he at length whispers his
treasured love to its object, and implores her for-
giveness. The deep pain, the corroding grief of
Rickard, too, when he thought his wife lost to him
for ever, and the recovery of that wife even from tli
very grave itself, are admirably depicted. This is th
only tale in the number, save a metrical one, " The
Foray of Con O'Donnell," taken from the annals
of the four masters, telling of the indignation of an
Irish chieftain, at hearing from his bard that
M'Donnell, a Scot, possesses the fairest dame as
wife, the fleetest steed, and the noblest hound ; he
burns to deprive him of his treasures, surprises his
castle,rand makes Ibl‘Donnell himself, his wife, horse,
and dog, prisoners. After he has effected his retreat
in safety, his conscience reproaches him, and he libe-
rates his captives, snaking amends for the injury he