The Sun.
London, England, 1840-07-17 00:00:00

MR. F. O'CONNOR.

Mr. AG LION BY moved for a copy of any exami-
nations, reports, or other papers received from any In-
spector of Prisons or other person, with regard to the
treatment of Mr. Feargus O'Connor in York Castle ;
also, of any correspondence that has passed between
Mr. Feargus O'Connor and any Inspector of Prisons,
or any visiting Justice on the same subject ; and also,
for any medical certificates, affidavits, or correspondence
sent to the Home-office by Dr. Thompson, and by
Messrs. Jeagoc and Cooper, surgeons, with
the dates thereof. To his great 'surprise when
motion papers relating to this case were pro-
duced, the most important were omitted. Ile
found that Mr. Feargus O'Connor's statements
were considered as erroneous, while those of the
visiting Justices were adopted as correct, and it
was not to be tolerated that in .a free country a
gentleman was to be treated as a common felon, and
after an inspector was sent down to examine into the
truth of his statements, to be deemed unworthy of
credit, while the papers relating to the examination were
kept at the Home Office. The Report was returned
to the Home Office.
M. FOX MAULE said No.

Mr. AGLION BY continued—He was surprised
to hear the Hon. Gentleman say so. H.: thought he
should be able to show great misconduct in the Home
Office. If Mr. Crawford made no report, that was an
answer to his motion ; but if he bad, he thought that
he would not be doing its duty if he did not require its
production. There was one other point he wished to
advert to, namely, Mr. O'Connor's health. He had re-
ceived a letter frcm Mr. O'Connor on this subject,
which stated that while in York prison 'ne had been suf-
fcring from severe illness. The truth of these allega-
tions were capable of being ascertained, and he hoped
the House would resolve to ascertain them by consent-
ing to his motion.
Mr. WAKLEY could not conceive on what grounds
the motion could be opposed. Of what use was Mr.
Crawford's examination if it was to be buried in the
Home Office ? He thought the House and the country
was treated in a very improper manner by the
withholding that report. Besides he felt a personal
interest in the matter. Political power might pass to other
hands, and he and others around him be regarded as
political offenders.—(Laughter.) At that late hour he
would not enter further into the case at present than to
read a letter be had received from Mr. O'Connor since
his incarceration in that horrible place, York Castle.
The Hon. Gentleman then read a long letter from Mr.
O'Connor, dated May 11, stating that he had learnt that
a skirmish had taken place in the House of Commons,
relative to his treatment. Of course he knew not how,
Ministers had found it convenient to have the state-
ments of Magistrates, Judges, and Marshals of the
Queen's Bench ; and, therefore, as he had learned that
Mr. Wakley had taken an active part in the debate,
he begged leave to trouble him with a few facts
which neither Magistrates, Judges, nor Marshals of
the Queen's Bench could contradict. When, on
the 11th of February, he was committed to
the Queen's Bench, preparative to his removal
to York Castle, he was suffering under severe,
very severe, and dangerous illness. His physician and

....

surgeon had visited him, when the former, in the pre-
sence of the latter, dictated an affidavit that to subject
him to prison displine in the then state of his health,
would inevitably, shorten his life. It further set forth
the nature of his complaint, Is hich had originated .
the rupture of a blood-vessel in the chest. This
affidavit, with a memorial, was transmitted to Lord
Normanby on Wednesday, and on Thursday the Judges
stated that they had heard from York that day, and that
he could be accommodatedthere, and that on the follow-
' ing morning he was summoned to appear before the
Deputy Marshal, who informed him that, he must be
sent to York Castle on the Saturday morning. Hearing
that Saturday was the day on which Members of Par-
liament transacted Government business at the Home
Office, he got another certificate, signed by an eminent
medical gentleman, which stated that his removal to York
would be attended with great risk and danger. He was
answered that Mr. F. Maule required an authenticated
certicate as to the risk of his removal, which Dr.
Thompson sent, and the answer was that no alteration
would be made, in consequence of that very document,
which he had himself required. The letter went on to
state, that another unsuccessful application was made,
that he was removed to York Castle, where he ar-
rived in a very exhausted state, and should have
starved, but that the surgeon of the prison had or-
dered him some tea.—(Hear.) He (Mr. O'Connor)
had no hesitation in saving the Secretary of State was
impeachable for his conduct towards him. The letter
concluded by affirming that had such acts been perpe-
trated while the Tories were in power, the air would
have been filled with the sounds of Whig execration,
and that it was intended to disgrace him, and as a
personal insult. The Hon. Gentleman concluded by
cordially seconding the motion.
Mr. FOX MAULE could not comply with the
motion. Mr. O'Connor had been found guilty of an
inflammatory and incendiary libel, and the Judges hav-
ing fixed the sentence, the Secretary of State had no
power to alter it. If Mr. O'Connor had not been in a
fit state to be removed to York Castle, the Marshal
would have been reprehensible for his removal ; but so
far from Mr. O'Connor being any the worse for his
journey, he actually, on the Tuesday, visited York
Minster. He (Mr. Fox Maule) could state that
of his own knowledge, and let Mr. O'Connor deny it if he
could. Since his confinement in York Castle he
had been allowed to do almost any thing except carry-
ing on that paper for a seditious libel in which he had
been imprisoned. With regard to the demand for any
correspondence which might have taken place between
Mr. F. O'Connor and the Inspector of Prisons, he had
only to observe that no such correspondence had, in his
opinion taken place. The appearance of Mr. O'Con-
nor does not now betray any marks of sickness. He
amuses himself in prison, and racket-playing forms part
of that amusement. He did rot wish to deal harshly
in the case, but if exaggerated statements continued to
be made, he would feel it his duty to have the entire
subject made public.—(Hear, hear.) He thought it
would then appear that the Home Secretary had done
every thing that could be justly expected fromhim to
mitigate the severity of Mr. O'Connor's punishment ;
and he thought it would appear at the same time that
many exaggerated statements had been put forward by
Mr. O'Connor or his friends.

Mr. HUAIE thought that the papers should not
be refused.

Mr. F. MAULE again defended the course pur-
sued by the Government.

Sir C. DOUGLAS thought that the explanations
which the Hon. Gentleman had given on the subject
were satisfactory.

General JOHNSTONE hoped that the indulgence
shown to Mr. O'Connor would be extended to other
prisoners.. . _

Mr. FOX MAULE wished to assure the Gallant
Member that a distinction had already been made be-
tween political and other offenders.
After a few words from Mr. AGLIONBY and Col.
PERCIVAL, strangers were ordered to withdraw, and
the House proceeded to divide, but there having been
only 31 Members present, the House adjourned at
Half-past One o'Clock till to-morrow (this day).

PARLIAMENTAN 'I DIVISION.

(From the Poles and Prececdings of the House of Commons.)
WEDNESDAY, JULY 15.
PUNISHMENT OF DEATH BILL.

IN COMMITTEE.
Seventh Paragraph (9 Geo. IV., c. 31; s. 15, 16, 17), Rape,
&c. &c. &c.:—Question put, " That the paragraph stand part
of the Preamble :"—The Committee divided.

MAJORITY-
Aglionby, H. A.—Cockermouth
Bailey, Joseph—Worcester •
Bainbridge, E. T.—Taunton
Baines, Edward--Leeds
Bannerman, A.—Aberdeen
Barnard, E. G.—Greenwich
Barry, G. S.—Cork Co.
Bernal, Ralph—Rochester
•
Bewes, T —Plymouth
Boldero, Henry G.— Chippenham
Brotherton, J.—Salford
Bruges, H. H. L.—Bath
ktuller, Charles—Liskeard
Courtenay, "P.—Bridgewater
Ewart, William—Wigan
ridden, John—Oldham.
Hawes, B. -Lambeth
Hindley, Charles—i.sliton
Hobhouse, T. Benj.—Rochester
odgson, Rd.—Berwick-on-Tweed
Hoskins, K.—Herefordshire
Hughes, W. B.—Carnarvon
Hume, Josezili—Kilkenny
Hutchins, E. J.—renryn
Ingham, Hobert—South Shields
Jackson,Mr. Serj.—Bandon Bridge
Jervis, S.—Bridport

'MINORITY.
Acland, T. D.—West Somerset
Baldwin, Charles Barry—Totness
Baring, F. T.— Portsmouth
Berkeley, Hon. C.—Cheltenh, m
Blake, Wm. J.—Newport, Isle of
Wight
Botfield, Beriah—Ludlow

-AYES, 50. •
Laseelles, Hon. W. S.—Wakt field
Lennox, Lord J. G.—West Sussex
Lushington, Charles—Ashburton
Mackenzie, Thomas—Ress-shire
Morris, D.—Carmarthen
Muntz, G. F.—Birmingham
Pechell, Captain—Brighton
Rice, Edward Boyd—Dover
Bundle, John—Tavistock
Style, Sir Charles—Scarborough
Talfourd, Mr. Serjeant —Reading
Tancred, H. W.—Banbury
Teignmouth, Lord —Marylebone
Thornely,Thos.—Wolverhampton
Turner, Edmund—Truro
Vigors, N. A.—Carlow Co
Villiers, C. P.—Wolverhampton
Wall, C. Baring—Guildford
Warburton, H.—Bridport
Williams' William—Coventry
Wilmot, Sir J. E.—Warwickshire
Vsinnington, H. .I.—Worcesterh.
Wood, Benjamin—Southwark
TELLERS.
Kelly, Fitzroy—lpswich
Lushington, Rt. Hon. S—Tower
Hamlets

—NOES, 25.
Inglis, Sir R. H.—Ox. University
'Langdale Hon. C.—Knaresbo-
,

rough
Morpeth, Lord—Yorkshire
Nagle, Sir IL—Westmealh
Pakington, J. B.—Droitwich
Pigot, David ltichard—Clonmell
Russell, Lord John—Stroud
Shell, Richard Lalor—Tipperary
Stock, Dr.—Cashel
Thompson, Ald.—Sunderland
Wood, T. J.—Middlesex

Bridgenian, Hewitt—Ennis
13rownr:gg, J. S.—Boston
Darby, (icorgu—East Sussex
Eliot, Hon. J. E.—Roxburghshire
Fitzsimon, Nicholas—King's Co.
Greenaway, Charles—Leominster
Hector, Cornthwaitc John—Pc-
_ tersfield

TELLERS.
Maule, Hon. Fox—Elgin Burghs
Grey, Sir Charles Edward—Tyne-
mouth

Hodges, T. L.—West Kent

TORY FALSEHOODS.

The Tory liars have very fertile imaginations. On
Thursday last the Times published the following circum-
stantial charge against Sir Hussey Vivian t

"We have seen a letter from- an individual well ac-
quainted with the condition and employments of the Royal
Artillery stationed in the immediate neighbourhood of
Dublin,which contains what follows, viz. The Artillery
at Island-bridge are not a little indignant at being ordered
by Sir Hussey Vivian, or on his authority, to erect the
ordnance tents, and keep guard over them for a political
breakfast to Mr. O'Connell and his crew 1 They must
obey, of course, but they cannot so easily be induced to
consider themselves otherwise than as degraded by such an
office.' "

The Times has good reason to calculate upon the gulli-
bility of its readers, or it wo.;ld neVer have ventured upon
so reckless a falsehood as this, Mr. O'Connell being at the
very time attending his duties in the House of Commons.
But no matter how monstrous and improbable the lie, the
writ, rs in the Times well know that in order tO have it
swallowed by the " eftlightehod people of England," they
have only to Cram into it the name of Mr. O'Connell or
some ca umny upon the people of Ireland.
Sir Hussey Vivian lost not a moment In giving its true
character to this lie, and demanding the name of its author.
The following is the letter of the Gallant Officer;

" To THE t latTolt oh Tilt Wails.

" Stu—There is not a syllable of truth in the statement
contained in one of the leading articles in your paper of
this morning, in which it is said that, under my orders, or
by my authority, Ordnance tents have been erected, and
men of the Artillery placed to keep guard over thbni, for
the purpose of a political breakfast, &c.—l have the ho-
nour to be, Sir, your obedient servant,
" o:dnance-office, July 9. " HUSSEY VIVIAN.
" P. S.—As you express such confidence in your authority,
perhaps you will now think it right to let me know froth
whom you have derived your informatlont"
What, does the rtader think, Wag the pretext for this
last and most brazen falsehooi? A week or two since
the artillery were employed in erecting tents fer a public
breakfast, which took place upon the grounds attached to
the Chief Secretary's Lodge, in the park, the prbfits of
which were devoted to tht bentvoleht object of prtiViding
clothing for the half-naked emigrants about to be sent to
New South Wales by the Mendicity Society. This chari.
table fete was got up under the patronage of the Lord
Lieutenant, the Lord Mayor and Sheriffs, and the officers
of the garrison, including, of course, if there be arty truth
even in the explanation of the 'Antes, the " distinguished
military officet' who Wrote the lie about the political
breakfast to " O'Connell and his crew." It is such an
ocCnrrenco as this that the Times and its Correspondent
have tortured into an attack upon Sir Hussey Vivian and
the Government. But the Times will readily be forgiven
by its party—for the lie has been told for the service of
that faction who affect to be the exclusive patrons of re-
ligion, and, at the worst, they will regard it as no more
than a pious fraud. —Dublin Evening Post.
The falsehood of the Times, we see, is circus
lated in many of the Tory papers:; the contradiction
will escape the notice of the Editors. Of the same
description is the falsehood coined a short time
ago by the Post, " that some members of the
Cabinet had wished to associate the Duke of
SUSSEX with Prince ALBERT in the Regency)
but after a warm discussion in the Cabinet had
been defeated." This was a pure and unadulte-
rated falsehood, but in the following extract from
the Brighton Gazette it is assumed to have been
perfectly true, even after it had been contradicted
The Whigs have thought better of their it:de-
cent scheme 9f joining the Duke of SUSSEX—a
violent partizan of their own—in the Regency with
Prince ALBERT." The falsehood thus put forth
will cause all the credulous dupes, who rely on the
Brighton Gazette for information, to believe that
the Whigs really had intended, contrary to their
own precedent of 1831, in the case of her present
MAJESTY, to make the Duke of SUSSEX Joint-
Regent. The scheme, which never had any existence
but in the fertile brain of the Tories, is pronounced
indecent ; and thus the Ministers are stigmatized
for an offence which is committed wholly by their
accusers. If Sir R. PEEL, by the observation we
refer-red to yesterday, meant that inventors of fake.