The Sun.
London, England, 1847-01-28 00:00:00

THE SUN, LONDON, THURSDAY EVENING, JANUARY 28, 1847.

of Mrs. Sbuttleworth, and denying the statement that she
was incapable of conducting her business.
Counter affidavits were next read in support of the alleged
lunacy. The deponents were the Rev- J. C. Roland, Messrs.
Wright and Wilruct, surgeons, and Dr. uiiUingen, who
alleged that when under the charge of Dr. Quayle she had
been greatly neglected and badly used; that her mind was
evidently rambling and unsound, and that it was from feel-
ings of humanity they had caused her to be removed.
Mr. PARRY said he had moved for the writ on two grounds
—cus was, that the alleged insanity had not been established,
and the other was, that the certificates did not confer sufficient
authority for taking her into custody. The Learned Gentle-
m r.-as proceeding, when
The LORD CHIEF Jusucz intimated it would be better
for their Lordships to see the lady first before hearing the
argument, and to inquire of her whether the desired to leave
her present residence, and to see whether she appeared to be
insane or not.

It was then arranged that she should be taken into the
room of the Lord Chief Justice, and examined in the presence
of the Learned Judges and the counsel on both sides.
Their Lordships then retired. On their return,
The LORD CettEr-JusncE said it was perfectly plain, from
the interview they had, that the lady had no mind of her own.
It was perfectly rambling and unconnected, and she did not
express any wish either to leave where she was or remain
there. She appeared to have no wish any way.
Mr. PARRY said he stiil maintained that she ought not to
be detained in custody, as the authority was insufficient for
her detention.

The COURT wished to know on whose authority the
Learned Gentleman appeared.
Mr. PARRY said he appeared on behalf of Dr. Quayle.
The LORD CHIEF JUSTICE said that some grounds should
be set forth why Dr. Quayle interfered. Upon what autho-
rity did he do so.
Mr. Justice BIAULE said it was evident from tha lady's
statement, that she had expressed no wish to leave Dr.
Millingen's. If she was sane as alleged by Mr. Parry,
then as she had expressed no desire to leave
nor had instructed any one to act on her behalf,
the first ground on which the Learned Gentleman
moved on, could not be entertained.

Mr. PARRY contended that, whether the lady was sane or
not at present, what they had to do with was the state of
the lady on the 9th of August last, when she was
taken into custody ; and also the holding of the order
on which she was placed in the custody of Dr. Mullingen.
He maintained the custody was improper, and the ground
on u hick he made that statement was the affidavits adduced.
The Act under which the procaedings had taken place was a
public Act of Parliament, and their Lordships should be
careful how they construed it, affecting as it did the liber-
ties of an unfortunate class of individuals. The affidavits
filed (141 prove the sanity of the lady on the 9th of August,
and this he wished to press on the consideration of the Court.
The Loan CHIEF JusncE. thought otherwise. lie was
decidedly of opinion that, according to the affidavits of the
Rev... C. Rowland and the two surgeons, the lady must
have been insane on the 9th of August. No sane woman
would have stayed in apartments with one man only and
without female attenc.ants, or have been found in the state
she was described when the medical gentlemen were called in.
After some further discussion,

The Comm finally decided that they would neither be
consul:jug the public interest nor the lady's by making any
order in the case. The application for the release
of the lady must therefore be dismissed. They saw
no gocd to arise from going into the validity of the certifi-
cates on which she was committed, judging, as they did,
from the circumstances, that any order they would make,
taking her from her present custody, would be to her pre-
judice and harm.
The wait was accordingly dismissed.

TATTERSALL'S-THIS EVENING
Six O'CLOCK.

CIIESTES CUP.
20 to 1 agst MendicaLt
25 to 1 agat The Flitch
28 to 1 agst The Lamb
33 to 1 agat Punch
33 to 1 agst Erin-go-bragh
50 to 1 agst Crim. Con.
1000 to 15 agst Intrepid
1000 to 15 agst Golden Bee
1000 to 10 agst Sir Talton Sykes
1000 to 10 agst Red Borer

NEWMARKET HANDICAP.
20 to 1 agst Pin kl3onnet
2.5 to 1 agst Lady Sarah
30 to 1 agst Meeanee

IMPERIAL PARLIAMENT,

(THIS EVENING.)

HOUSE OF LORDS.

Police, and from the Northern Light-h)use Commis-
sioners.

NE IV ME NI BE It.

Mr. CHAPLIN, late Sheriff of London, and Chairman
of the South-Western Railwilyreunapauy, took the oaths
and his seat for the city of ':Salisbury, in the room of
Ambrose Hussey, Esq., who has-accepted the office of
Steward of the Chiltern Hundreds.
SECOND READINGS.

The following Bills, on the motion of Captain
EGERTON, were read a second time :

Birkenhead Dock Company and Herculaneum Dock
Company Amalgamation.

_
Birkenhead liiiprovement Acts Amendment (No. 1).
Birkenhead (Commissioners) Dock Acts Amendment
(as to construction of sea wall along Wallasey Pool).
Birkenhead (Commissioners) Dock Acts Amendment
(construction of new works and alteration of culvert).

that it originated from the report of the Commission
appointed to inquire into the subject, but in cons! (pence
of the determined opcosition it had met with from some
very powerful quarters, it was lot the intention of the
Government to proceed with the measure in its existing
state. There was no person, however, who would not
concur in the desirableness and absolute necessity of
adopting some very stringent measures upon the subject
of the tidal harbours of this country.
Sir DE LACY EVANS, according to the notice he
had given, asked the Chancellor of the Exchequer or the
Secretary at War, what arrangement had been made,
according to the promise of last session, for placing the
troops serving in some of our colonies on an
equal footing with those serving at home, in regard
to ration stoppages ? He also asked the First
Lord of the Treasury if they might expect
immediately on the table of the House, to be printed,
the report (and acc)mpanying documents) of the In-
spector General of Military Schools, relative to the mili-
tary schools of France, Prussia, and other States, in
connexion with their miltary institutions ; it being im-
portant that Members should have the opportunity of
considering the information thus obtained, before the
army estimates are discussed.
The CHANCELLOR of the EXCHEQUER said
that, with regard to the first question of his Honourable
and Gallant Friend, he could assure him that the sub-
ject had been under the consideration of the Secretary
of the Treasury and the Secretary at War, and means
would be taken to carry the promise into efkct.
With regard to the second question, the report
and documents requested by the Noble and Gal-
lant Officer would be laid upon the table as soon
as possible for the information of Hon. Members.
BUENOS AYRES.—EXECUTION OF AN

ENGLISH OFFICER.

Mr. ROSS said he had given notice to the Secretary of
War of his intention of asking two questions of painful
interest, which involved in his opinion not only the welfare
of their gallant sailors, but also the national honour.
These questions had reference to the conduct of General
Rosas in his capacity of an official of Buenos Ayres.
Three vessels, under tho joint flag of the French and
English Governments, had succeeded iu capturing a prize
which they found impossible to remove, and which they
consequently burned. Mr. President Rosas immediately
issued a manifesto, declaratory that the war, as carried
on, was practical, and that he would treat every British
or French officer that fell in his power after the manner
of pirates. This was not an empty threat. A British
officer of the name of Wardlow was seized upon while
under the protection of a flag of truce. He belonged to her
Majesty's ship Racer, and the whale-boat in which he had
been reconnoitering, 'having been stranded, he displayed
a flag of truce; it was answered by another, and he ac-
cepted the invitation like a gallant frank sailor as lie
was, although it was against the advice of some of
his friends. Ile had not been long departed
when a whale-boat was seen advancing, and
the voice of the gallant officer was heard
shouting to his crew " I have been sold, I
have been sold, fire and defend yourselves." The crew
escaped; and when Mr. Wardlaw was demanded of the
authorities they replied that he had fallen in the skirmish.
His body was then demanded—but they were ashamed or
afraid to give it up lest their guilt too became known. But
the whole truth had become known. Mr. Wardlow had
been taken before the commandant, and he had
told him that if he made his crew surrender it
would be the better for bim. The gallant young
gentleman, however, chose rather deliberately
to sacrifice his own life for the sake of bis crew and the
honour of his flag.—(Hoar, hear.) Being brought back
to the commandant he ordered him to instant execution.
First of all, they cut off his fingers and ears, and then
put him to a lingering death; this (Mr. R's.) heart
swelled with emotion when he thought of the fate of
that youut man. He wished now, therefore, to know from
the Noble Lord whether on the promulgation of the de-
cree of Roses, any remonstrance had been made by the
Noble Lord; and secondly, whether any correspondence
had ensued, and with what result.
Lord PALMERSTON was sure the Hon. Gentle-
man would excuse him if he declined entering into any
discussion on the state of the nations borderieg on the
River Plate. He hoped the steps now in progress would
lead to a satisfactory termination of the distressing state of
things which existed hi that quarter. With regard to
the officer referred to, various statements had come to
his ears. One sated that he had been killed in a skir-
mish, and another gave a different account of the trails-
action, but that was the first time he (Lord Palmerston)
had heard of the mutilations described. In consequence,
however, of the representations made with respect to
the occurrence, the Admiralty did instruct Sir Thomas
Herbert, the admiral on the station, to make inquiry
into the case, and to report upon it. That report he
had not yet received. With regard to the statement
alleged to be_ made in the proclamation of Rosas, that
an officer acting under the authority of his superiors
should be treate as a pirate, there was but one way, of
course, to deal with it.
CRA.OO W.

Mr. HUME wished to ask the Noble Lord whether
he had any objection to lay on the table of the House a
copy of the whole of the papers that had passed with
respect to Cracow.
Lord PALMERSTON hoped to do so in the course
of a day or two.