The Sun.
London, England, 1840-06-05 00:00:00

bringing forward on that day an i•nportant subject
relative to the clergy of New South Wales.
After some conversation the Noble Earl fixed the
second reading for tc-morrow (Friday week).

CASE OF MR. F. O'CONNOR.
Lord BROUGHAM presented a netition adopted
at a large public meeting, held at Bradford,
in Yorkshire, and signed by the Chairman on
behalf of the meeting, complaining of the treat-
meat of Mr. Feargus O'Connor in York Castle.
The petition stated that Mr. O'Connor, for the offence
of which he had been convicted—a libel—had been
subjected to the treatment of felons, and to the inflic,
tions suffered by thieves and murderers. Ile (Lord
Brougham) begged it to be understood that he was here
stating merely the petition, vouching not in any degree
for its truth—(Hear, bear)—nor saying (because not
knowing) how far it might or might not be exaggerated.
The petition went on to state that Mr. O'Connor had
been compelled to lie on an iron bedstead, and to per-
form various menial offices, some of them of a disgust-
ing nature, which were specified—that he was not
allowed to receive visits from his friends—that he was
denied the accommodation of a wooden bench to sit on,
and was obliged to sit upon the cold stone, al-
though suffering under disease ; and that the ef-
fect of this hard usage hail been greatly to injure
his health. The petition went on to give various
instances of persons, who in former times had been con-
victed of similar offences, but who had rot been sub-
jected to like treatment, and complained of the hard-
ship and injustice of thus varying the punishment
for the same offences. The prayer of the petition was that
their Lordships would institute an inquiry into the case
with a view to Mr. O'Connor's removal from the felons'
to the debtors' side of the prison. As far as respected
the inquiry, it was within their Lordship's power ; but as to
the other part of the prayer, he (Lord B.) doubted
much if they could interfere. This, however, he
must say, that if there were any truth whatever
in these statements, and others of the same
kind which had lately come before the public,
there was cause for the deepest regret, and great dan-
ger of exciting that feeling so fatal to the design of
all punishments —of indignation at the treat-
ment of the offender instead of at his of-
fence. Offender he must call Mr. O'Connor, as he
had been convicted by a competent tribunal. The
case excited in his mind many reflections with which
he would not now trouble their Lordships. But he was
anxious to afford his Noble Friend, the Noble Mar-
quis at the bead of the Home Department, an opportu-
nity of stating the result of the inquiry, which might
have been instituted, and how far there was any truth in
in these statements. He would now for a few moments
request the attention of their Lordships and of his Noble
Friend to a point intimately connected with this subject,
to a clause introduced into aßill sent from theirLordships'
to the other House, and proposed to be amended by one
of their Lordships. He wished to have it considered
whether the object of that proviso could not be
effected in another manner. He was desirous
of avoiding even the semblance of an indifference, as to
the giving some power to prevent the recurrence of
such evils. But if the Noble Viscount wished to ap-
ply a remedy to the existing case he thought it would
be better if that was done by the Executive Govern-
ment, upon itr own responsibility, leaving the House to
make the general changes that were necessary in the
law. He would give no opinion upon the subject, and
he only threw those suggestions out for the purpose of
attracting the attention of the Noble Viscount. If no
harm was likely to occur from the delay of the intro-
duction of so important a clause in the Prisons Bill as
that which had been proposed, he thought some little
delay should take place in order to afford ample time
for its consideration. With respect to the treatment
complained. of in the petition, he thought that such
treatment ought not to be adopted even towards felons,
far less ought it to be employed to those who were
guilty of misdemeanors. He thought that punishment
in the most aggravated cases ought not to be of that na-
ture which was revolting to humanity.

The Marquis of NORM AN BY said that he was
not then prepared to enter into all the subjects alluded
to by the Noble and Learned Lord. He wished, how-
ever, to say a few words with regard to the case of
Mr. Feargus O'Connor. The day alter it had been de-
cided Mr. O'Connor was to be sent to York Castle,
an application was made to him (the Marquis of Nor-
manby) to postpone his transfer to the prison. That
happened on Friday evening, and the application was
made on the ground of the state of Mr. O'Connor's
health. He recommended that the departure of the
prisoner should be deferred tall the following Monday,
in order that he might have time to procure farther in-
formation on the subject. He found, however, on in-
quiry, that the immediate removal of Mr. O'Connor
was net likely to be attended with any danger to his
health. Another reason for his declining to interfere
was, that Mr. O'Connor was then in the custody of
the officer of the Court which had pronounced
sentence on him, and he was sure that Court
had deliberately considered the place in which Mr.
O'Connor should undergo his confinement.—( Hear.)
The first communication on the subject was one which
be addressed to the Visiting Magistrates of York Castle,
on the 25th May, in which he had stated to them, that
he thought in some cases of misdemeanor it might be
advisable to relax the prison regulations. (The Noble
Marquis here read the letter of 25th May, with which
the public is already acquainted.) The Act 4, Geo. 4,
gave, he thought, the Justices power to relax the gaol
regulations in certain special cases, but the Justices bad
usually construed that Act as only giving them power
in cases of sickness, ar.d had excluded other cases from
their consideration. This letter of 25th May, showed
that in that early stage of the business, his attention bad
been directed to what might be considered under the
special circumstances of the case by Mr. Feargus
O'Connor, as personal indignities. The next commu-
nication he received was a memorial from Hudders-
field, complaining of the treatment to which Mr. Feargus
O'Connor was subjected. He again addressed the
I Magistrates in consequence of this memorial, and went
more into detail as to the relaxations which he thought
might be advisable in the case of Me. Feargus
O'Connor. On the same day he saw Mr. Sergeant
Talfourd, and then came the complaint that Mr. O'Con-
nor had been compelled to associate with felons. He
had called the attention of Mr. Hague, the Visiting
Magistrate, to this subject, and referred him to the
enactments, ordering the separation of persons convicted
of misdemeanor from felons, and he had given an ex-
planation which had been perfectly satisfactory. He
had alluded to the Act 5, Gen. 4, in which, although it
was enacted that persons convicted of misdemeanors
should not be associated with felons, yet in case there
should be but one misdemeanant confined in a gaol,
he might be associated with other persons in the prison
if he were desirous of it, Now Mr. O'Connor was
the only misdemeanant in York Castle, which
was not generally used for the confinement of pri-
soners of that class ; he was asked if he preferred
being left by himself or being associated with others,
and in consequence of his not wishing to be left alone
he was put with two others. Mr. Feargus O'Connor
bad mentioned this to Sergeant Talfourd, he had
said that certainly he preferred being associated to
being left alone. It was entirely a matter of taste,
but Mr. O'Connor said of course he declined being
left alone, and was consequently associated with these
persons. With respect to his next statement respect-
ing his bed, it did appear to be a case of great hard•
ship, and he (the Marquis of Normanby) had recom-
mended the Visiting Justices that indulgence in that
respect should be extended, and he had every reason
to believe Mr. Feargus O'Connor was now provided
with a bed of another description. With regard to
his being obliged to perform menial offices, that was
a matter to which he (Lord N.rmanby) had directed
the immediate attention of the Visiting Justices, and
they had informed him that Mr. O'Connor was not
required to perform any menial offices except making
his own bed, which, as he had said, was now dis-
pensed with, and that eny menial offices which he
might have performed, he would not allow any
person to do for him. With reference to the food,
that was one of the points on which the Visiting Jus-
tices, had, under special circumstances, the right to relax
their rules, representing it afterwards at Quarter Ses-
sions ; and in his last letter he (Lord Normanby) had
called their attention to that, with a view to a perma-
nent arrangement, but in the mean time Mr. O'Cennor
was not suffering any hardship on this account, because
the surgeon, as a matter of health, had ordered him
tea and sugar, and fresh meat once a day. On the Ist
of June he (Lord Normanby) had caused a letter to be
written, to the following effect :—" I. am directed by
the Marquis of Normanby to acknowledge the receipt
of your letter of the 29th May, respecting Mr. F.
O'Connor, and to inform you that his Lordship sees no
objection to a suitable room being supplied Mr. O'Con-
nor in another part of the prison, provided it can be
done agreeably with the arrangements of the law re-
specting debtors, who are to form a separate class. I
am also, with reference to -the 15th rule, desired to
refer you to the 10th section of the 4th George IV.,
which enables one or more Justices, under spe-
cial circumstances, to allow a prisoner to re-
ceive food and clothes beyond the first allowance,
and to recommend you to allow Mr. O'Connor to have
any reasonable allowance in these particulars." He
thought it was due to the Visiting Justices their case
should be laid as clear as possible before the public,
and therefore he bad sent Mr. Crawford to York to put
himself in communication with the 'Visiting Justices,
and of all the facts of the case ; and he thought it
wou
Id turn O'Connor'so many
ealth, of thhad ese thmade aings. frogrmeater
the
state of Mr.
impression on his mind with respect to the liarships he
was suffering, than the facts warranted. He had stated
to their Lordships the other day, in dealing with an
amendment of the. House of Commons, that he felt, in
the present state of the law on this subject, parties of
various kinds were subjected to a degree of hardship,
that, he did not believe it was originally intended they
should. (Hear, hear, hear.) Most of the cases
alluded to in the memorial from Bradford were
of persons convicted before the 4th George 4,
and before the classification of persons convicted of
misdemeanors, and, their reparation from debtors. It