The Sun.
London, England, 1840-01-28 00:00:00

TH SUNS LONDON, TUESDAY, NO-AR-IT 28. F4O.

or any other authority 7;"hatever were to take ans
such steps for carrying into effect a sentence which
is still under the consideration of the fifteen Judges,
and which they may cancel, there svnukl he a uni-
versal outcry of execration a 2ainst such precipitous
—such wanton, and we may add, such illegal pro-
ceedings. We believe it to be a mere idle rumour,
or something worse, possibly concocted from igno-
rance of the law of the land, and spread through
the community for some malicious purposes. I'Ve
should not have alluded to such an absurd state-
ment, but that its credibility appears to gain ground.
Any Government, or any servants of the Crown,
that would act in such a way, to prejudice men
whose fate is not decided, would be dismissed with
universal reprobation.

By the arrival of the packet ship Roscoe, Cap-
tain HA TTLESTONE Commander, yesterday, at
Liverpool, in 19 days from New Yoik, we have re-
ceived New York Papers to the 9th inst., together
with files of Canada Journals to the 3d inclusive.
On the 6th there was a general meeting of the
stockholders of the United States, at which it was
resolved that it was inexpedient at that time to de-
clare a dividend on the profits of the Bank.
There was no material change in the financial and
commercial affairs of the United States. Stocks
had rather declined, and there was but little busi-
ness doing as the merchants were all waiting till
the Sub-Treasury Bill should pass the Congress.
Of political news there is not a syllable in these
Papers of the least interest to an English reader.
Even the Canada Papers are silent upon every
subject but that of the union of the provinces,
which is much applauded by the British party.
The popularity of the GOVERNOR-GENERAL was
increasing. Not a syllable was uttered against him
from one extremity of the Canadas to the other. On
the 7th very few transactions were effected on the
Stock Exchange. On London the exchange was
dull at 8 and ; Paris,sf. 30c. ; Hamburg, 361 ;
Amsterdam, 39i and 40. We subjoin the rate of
sales on the Bth, previous to the sailing of the
packet :
NEW YORK MONEY MARKET.

(From the New York Courier and Inquirer of Jin. 8.)
RATE OF SALES ON TUESDAY AT THE STOCK EXCHANGE.

'5O dol! Corporation 7 per Cent. Bonds
10 Shares United States Bank 6O 79t

10 ...do...Nlerchants' Bank
40 ...do...Mechanics' Bank

. .. 166
90

00 ...d0... Delaware and Hudson S next work 72
50 ...do...Bank of Commerce
95 ...do...North American Trust ...... ooening 451
50 ...do...Mechanics' Banking Assoeiation, 830 d 66

60 ..do do.

12 ...do...American Exchange Bank
20 .. Trust B4

25 ...d0... Canton Co. B3O days 31
20 ...d0... Mohawk Railroad
25 ...do— Stoning ton Railroad S3O 171
4

50 ...d0... Long Island
50 ...d0... Haarlem Railroad N \V 50

13 ...d0... Union Bank
50 ...d0... Farmers' Trust B6O days 87
10 ...do...Syracuse and Utica

MONEY and COMAIIS,RCIAL N E

CITY, TAVi.I.Vt. O'CLOCK:

LIVERPOOL COTTON LIARKLT,
ha, hen n anent ,ti..;i in the cottrm market to

day, and the sales amount to 5,000 bags, all to th t trade,
at an mdvance of -id. per lb. o❑ Friday's Prices.. Silers
are holding back.

The Corsair, from Halifax, got aground this morning on
the Jordan Flats, near the port, and has become a total
wreck. The crew, amounting to sixteen persons, and four
passengers, were saved by tha which was towed
to the ship by the Queen of the Isle.

We have received Cape of Good Elope papers to the
sth December.

In our last we gave from the United Service Journal
some "Notices" by Major Chorley, on the causes amt pro.
gress of emigration from the colony towards Port Natal ;
we now reprint from the Zuid Afrollaan newspaper a do-
cument which clearly unfolds the character of that move-
ment, and brings the question under the consideration of
the British Government. The emigrants have renounced
their allegiance ; they claim the exclusive sovereignty of
Port Natal and the adjacent country, and with an express
reference to British subjects threaten " death and massacre
to all strangers landing as emigrants at the port of Natal
without their previous consent."
The following arc the resolutions in the declaration and
protest of the Assembly of Emigrants at Port Natal
" That in case of any landinc, of strangers or emigrants
in the Port cf Natal without the previous consent of the
Assembly having been obtained, such emigrants shall be
considered as enemies of the state.

" That should the arrival of emigrants Lbe attended
by such military force which shall he enabled to pre-
vent us from opposing their landing, we shall then re-
treat into the forests, mountains, and kloofs which surround
the bay in every direction, and there defend ourselves, in
separate small parties, as dicrthe oppressed Spaniards ; and
according to the principle of Don Carlos. Neither take
nor give quarter until we shall have recovered what is vir-
tually ours.
" That the several commandants, captains of the
armed burghers, be called together to make further
arrangements in respect to the division and command of
the several forces entrusted to them.
" That a sufficient number of slaughtered cattle and
supply of maze, and other necessaries of life, be brought
to different places in the vicinity of the army, for the
maintenance of a guard of 40 Men, to be placed on the
Borea height for the purpose of watching the movement of
Panda, as well as the surrounding tame Caffres.

"'That a subseiiption list be opened for the delivery and
purchase of the povisioes, &c., to be delivered to the local
landdroit for distribution. •

" That part of the ammunition be placed under the care
arid responsibility of the local landdroit.
" Thii done in our Assembly this day, filth November,

1839."

Followed by the signatures of eight of the Assembly.

After a tremendous south-easter, which bati continued
with short intervals for about a month, we have had heavy
showers at this end of the colony, but the last winter has
been so:unusually dry, as it is probable that the supply of
water at Cape Town will be deficient during the summer
months.

We have received Halifax papers to the 7th January.
MEETING OF THE LEGISLATURE —Tuesday, at two
o'clock, his Excellency the Lieutcriant-Governor pro-
ceeded in state to the Council Chamber to open the Session.

The speech of his Excellency was unimportant. After
calling upon'the Assembly to amend the Jury laws, his
Excellency tells the Assembly that he had now the gratifi-
cation to inform them that an arrangement has been con-
cluded (at an annual charge of 601. sterling to the mother
country) for the running of steam-packets twice every
month between Liverpool and Halifax, and between
Halifax and Boston, and between Pictou and Quebec,
as long as the River St. Lawrence is navigable.
To the Speaker and Gentlemen of) the House of
Assembly, he say: that he has directed the public accounts
to be laid before them with as little de:ay as possible,
and trusts they will find that the supplies granted to her
Majesty have been faithfully applied.
To the President and Honourable Gentlemen of the
Legislative Council, he says that he relies on their pro-
ceeding with unaitimity and despatch to the consideration
of the various subjects requiring their attention—those
cvbich chiefly merit their attention arc the re-enactment of
the law relating to common and grammar schools, the
encouragement of agriculture and fisheries, and for the
preventing the eLeroachments of foreigners on their fishing
grounds, and the establishment in the town of Halifax of
a Provincial Penitentiary or Orphan House, and a House
of Industry. •

We have received Montreal papers to the 4th January,
from which we copy the following :
" UPPER CANADA.—Latest from the Seat of Government
—We learn that his Excellency tho Governor-General
will proceed immediately to Lower Canada—that his
Excellency, Sir George Arthur, wil resume the adminis-
tration of the province, and that the Legislature will go
on with the business of the country. It is even whiPpered
that Mr. Thomson will take an early opportunity of pro-
ceeding to England, and that be will probably return next
season, and open the Legislature of the United Provinces
in person.

THE FUNDS.
Consols opened this morning at the leaving off prices of
yesterday, 9li I for the Account; Money, 911 with
scarce any business doing as yet. Exchequer Bills, IS 20
prem. ; India Bonds, 3 5 prem. ; Bank Stock 179 180 ;
India Stock 249 260.

In the Foreign ltlarket Spanish Active closed at 261
receded to 26i I Portuguese 34k; Three per Cents.,
".231 ; Mexican 291 Dutch Two-and-
a- half per Cents., 52:f ; Five per Cents., 100 41-
The accounts by the packet ship Roscoe, from New
York, are not so favourable as per last arrival; everything
was; dull ~nd heavy there. Exchange 8. Great anxiety
prevailed among the holz!ers of the United States Bank
Shares, to ascertain if the dividend would be paid, but un-
fortunately no dividend will be forthcoming.

P !iCES OF STOCKS 'PHIS DAY AT ONE O'CLOCK.
Bank Stock l7O India Stock
3 per Cent. Red. 91S Ditto Bonds
8 per Cent. Cons. 91% % , South Sea Stock —
3.4 per Cent — Old Annuities
Ditto Red. 0,/3/.., % i New Ditto
New 3y', per Cent........99i SS it 3 per Cent. Annuities, 1751
New 5 per Cent.
rank LongAnnuitiestoexpire I Ditto 500 _ln 21 pin.
Jan; 5, WOO. l4 1-16 Ditto Small N 21 pm.
Oct. 10, 1859 .13S 15-16 Ditto Commercial die.
Jan. 5, ISO)' .3 13-18 Ditto Advertised
Jan. 5, 18.50 BA nk Stock for Account *....
April 5, 1881' — India Stock for Account ..,
Jan. 5. 1870 Consos for Account..... 9134%..
PRICES OF FOREIGN FUNDS THIS DAY AT ONE 0 CLoch
Austrian Bonds — Peruvian 130n4s
__. .

......_ ._.. _
Belgian Bonds
Ditto Account
Brazilia n Bonds
Ditto Account
itienos kyles Bonds
Ditto le.sa-.lnt
Ch:lian 30.-4 i — . Prussian Bonds _
Dtta '.:,'.c.', nt — Russian Bonds, 182.1 .....
..-olaolt ian iir -ids .25 Ditto Account —
Ditto iczcl. nt
Columbian 1 • d 5,824
Litt: Azt.).] it ....... ...... 2154 . Ditto Account.
Ditrli2ll. 8011,13
Ditto i....i.., Dt
Greek Bonds —' French, 5 per cent, —f. —c.
Ditto Bonds, 1825 —, 4 per cent....... —f. —c,
Ditto Account
Mexican Bonds, 5 per Cent.
Ditto Accoulit
Ditto, 6 per Cent.
Ditto Account - , Ditto, 5 per cent lnl 13C%C%
Neapolitan...." ................ .. Ditto Aecoui,

PRICES OF SHARES THIS DAY AT ONE O'CLOCK.
Paid, Per Share,
aitctrn Counties Railway °O 111,4 II
tiri.at Western rtailway Company
Ditto New
Hull and Selby Railway Company 35 24
Brighton Railway
North Midland Railway Company O5 Stili,
BALF-PAST ONE

In the early part of the morning the Consol Market had
a steady and firm appearance, since which it has become
heavy, owing to sa..eg having been effected both for Consols
and Reduced the former receded from 91ii -a to 91,4 for
the Account ; of present they bake rather recovered, and
may be quoted at 911; '0 • Money 91:1a; Exchequer Bills
improved totl prem..; India Bonds, 5 3 prem. ; Bank
Stock, 179.

In the Foreign Market little doing. Spanish reached
26,),-, at present 26/ ; Passive, 61 ; Deferred, 12.1 a ; Co-
lumbian, which was in the morning 27,-4, has receded to
26i, owing to the new proposals of the Colurnbiah Com-
missioners, which are not approved of by the Columbian
Bondholders; Portuguese Three per Cents, 23-- ; nothing
doing in the Five per Cents ; Dutch Two-and. a- Half per
Cents,, 52-; Five per Cents., 1001.

MR. FAOST.—On Monday night a meeting was
held at the Crown and Anchor Tavern, Strand, with a view
to procure from the Crown, by the means of respectful peti-
tions, the saving of the lives of Mr. Frost and his two un.
happy associates, Williams and Jones. Arrangements were
made for procuring petitions from all parts of the metropolis,
and a petition to the House of Commons, and also to the
House of Lords was agreed to, praying them to address the
Crown for the object which the meeting had in view. The
petitions will be presented on Tuesday and Thursday. Lord
on Monday with the Mar
Brougham and Lord Stanhope, in an audience of the Queen,
will lay before her Majesty a petition numeronsly signed to the
same effect.
mercy
Vrlyrt.:F.reoastti,ewr.
Williams, and
Roebuck had an interview
presenting memorials to her Majesty, praying her to extend
oriul was from
1,500; another from Trowarbnrdidjgoen,evis:ithO4n,
Bath, with 11,000 signatures ; another from Frome, with
quis of IsTormanby, for the purpose of
CHARTIST DEFENCE FUND.—The sum of
6/. 17s. 91 has been transmitted, by the Chartists of Ipsw.ch,
to the Committee in London, towards the defence of Mr. Frost,
One
)nOl .e m
and the other Monmouth prisoners.
THE LATE ,SIR W. W. WYNNE.—The
body of this lamented gentleman lay in state in the large state
room at WynnstaY, on Monday se nnight, from ten in the
morning till four in the afternoon. The funeral took place the
following day ; and though intended to be strictly private, it
was attended by numbers of the nobility, gentry, and inhabi-
tants. The pall- bearers were Lord Kenyon, Hon. W. Bagot,
M.P., W. 0. Gore, Esq., M.P., Sir R. Cunliffe, Bart.,
WVis-
count Dungannon, At.p Hon. T. Kenyon, Sir S. R. Glynne,
Bart., M.P.
\V,
W. , and SirJWßialliita.m,sa,nßdaiNrita.sterTihie. chiefwrw mourners.Wynne,e
were, Sir ,
sons of the deceased ; the ether mourners were the Earl of Powis,
Hon. R. Clive, B. W. \V. Wynne, Esq., Hon. H. Chohnon-
dely, Sir D. Milnes Gaskell, Esq , Lord Delamere, C. W. \V.
Wynne, Esq., W.S. Conway, F-.41•' and John Lindsay, Esq.
The church was crowded in every part, and the beautiful burial
service of the liturgy of the Established Church was most im-
pressively read by the Rev. R. Wingfield, Vicar of Ruabon, and
the Rev. J. Edwards, the Curate; and the body was con-
signed to the family vault, and placed,near the remains of his
~indn‘vs testifiedof
th the e
principal
n higheipa
, beloved lady, amid the deep regret of all present—relatives
and friends. The inhabitants of Wrexham, Oswestry, Ruabon,
Ruthin, and the villages and hamlets in the neighbourhood of
Wynnstay, and connected with the extensive possessions of that
house,
degree, public business. The town of Wrexham in particular
respect,,
presented a most sombre appearance, all the shops being shut,
the
I I, •e llirc,is closed, and the streets
literally crowded.
It is stated by the Dublin Evening Post that
Mr. Monahan has been appointed Counsel to the Chief Secre-
tary, which had been held by Mr. Pigott, previous to his pro-
motion to the Solicitor-Generalship. I

EXC 11,:(2 '
ci'

it (2H

. L! k4lt.

CASES OF FROST, JONES,

AND WILLIAMS.

The arguments in this case were continued.
i Sir W. For.r.srr resumed his observations, and applied
himself especially to the point respecting; the time when
tie objection should be made. There eas no distinct pro-
' vision in the Act, ail it became a question how it should
be construed, so that the Crown should be compelled to
comply with it. Their Lordships would observe that every-
thing under the statute of Anne was thrown upon the
Crown. It had been suggested, that as the Crown was
directed to do certain things before arraignment, it meant
only that arraignment might be objected to before those
things were done. He did not think that was the correct
reading, and considered it more just to read it thus—that
no prisoner could be convicted and executed, unless those
things had been done ; that no witness could be examined
until they had been done. The object sf the Act was to
/ guard against oppressive Crown prosecutions, and though
there might be no danger of this now, the orginal intent
of the Legislature should be borne in mind. The Act
extended only to Crown prosecutions—it had no reference
to private suits.
Lord AftINGER—WOIII,I it not extend to an appeal for
high treason by a private individual?
Mr. Baron ALDERSON—CouId it be said that the object
of the statute of Anne was as you state, seeing it was post-
poned till the death of the Pretender, and thus many im-
proper prosecutions allowed ?
Sir W. FOLLETT thought the Act could possibly have
no other object though it might for a time, from an appre-
hension of public danger, have been waived. Now, if the
objection could not be urged till after pleading, see
what a power of injustice and oppression might be
pl iced in the hands of the Crown. The Crown
might have a wish to put off the trial till witnesses who
would acquit the prisoner were unable to attend. They
might avoid the delivery of the lists, and thus postpone the
trial from one assize to the other, for an indefinite period.
This might easily be done, if the prisoner would not object
but before pleading.
Mr. Justice COLTMAN—YOU forget the Habeas Corpus
Act, under which the prisoner may be discharged at the I
second assizes.
Sir W. FOLLETT—And then the prisoner, beyond
having been unjustly kept in confinement from one assize
to another, might have the fear of an indictment for trea-
son hanging over his head all his life. This jeopardy the
Crown had no right to inflict upon him. The prisoner
had a right to demand his trial, and, if entitled to it, to his
acquittal. And what inconsistency was there in urging
that a prisoner ought nut to be executed, on a trial which
had been conducted illegally, because not in conformity
with the Act? Was it to be imagined that the Legisla-
ture, when it laid down regulations, should have anticipated
that they would riot he complied with ? Was it not just to
suppose that the Legislature would anticipate its provisions
being complied wish. Lord C in his 3d Institute, page
137, had stated that ‘• the Court ought to see that the in
diutment and other proceedings be good and sufficient in
law, otherwise a prisoner may be attainted unjustly."
Was it to be argued that by pleading the prisoner admitted
the Act had been complied with ? What admissions could
a person make in so serious a case against himself ? Was
nut the law so careful of allowing prisoners charged with
capital offences to prejudice themselves, that their de-
murrer to indictments was no admission, and did not
prevent the trial? The law of England never allowed a
subject to admit away his life What legal mode had
' he of avoiding pleading on the groundof lists not having
been delivered ? Thp Court might in its discretion per.
mit the postponement. But if the prisoner had the right,
the law must have given him a legal remedy to secure
it. Where was the remedy ? The law knew no such ox.
cute for pleading. The administration of the criminal law
of England ha ever been marked bee fairness and
justice. But would it be fair and just to say that
when an uneducated and ignorant man was placed at the
bar, without the aid of counsel, and was asked to say if he
were guilty or not of the crime of high treason, that when
he answered " Not Guilty," with cc knowledge that in so
doing he was admitting every right—that he should be
told he had waived and lost that right. Their Lordships
had already held that no viitnees could be examined, whose
name was not in the list, and further that, no witness im-
properly discribed in the list could be examined. Yet, if
the prisoner by pleading admitted a list, did he not equally
admit a list in conformity with the Act? Now, though
it was true that the Act required a simultaneous delivery
of all these documents, yet their object was diffe-
rent, and a prisoner might waive the irregularity
, in one case, and never mean to waive it in another.
What he (Sir W. Follett) said was. that if the prisoner
pleaded to the indictment, he waived any objection as to
the indictment ; but he contended that it did not follow
that the prisoner had waived any objection that he might
have to make to the Jury panel, or to the delivery of the
list of witnesses.
Lord DENMAN supposed that a witness had been called,
and the prisoner then said that no list was delivered with a
copy of the indictment, and then proceeded to show that
the copy of the indictment was incorrect.
Sir W. FJLLETT said that no witness could be examined
whose name was not on the list, according to the provision.;
of the statute. It bad been stated that the present case
was not one of a total omission of the list, but one of irre.
Sularity only, and an irregularity that was waived by the
demurrer. What he (Sir W. Follett) said was, that there
was no such thing as irregularity, he did not understand
what was meant by it; it was a non-compliance with the
Act that was intended as a benefit forj the prisoner. He
said all the provisions were equally stringent, and, more-
over, that the re-enactment of the provision of the 6 Geo. I V.
evidently considered it most important. He therefore said
they could not waive that provision under the notion of
irregularity; for what woultt-their Lordships be doing?
Why they would be speculating on the intentions of the
Legislature—they would, in tact, be making an Act them-
selves. He therefore submitted that if the Court came to
the conclusion that, under the statute of Anne, the list of
witnesses was to be delivered at the same time with the
copy of the indictment. —he said, if they held that, they
must hold it to be a substantive and essential provision of the
Act, and therefore that a non-compliance,was equally fatal.
And I e was sure that the non•compliance with the statute
by the Crown was never contemplated by the Legislature ;
and therefore it was the intention of the Legislature that
no man should be executed without such a compliance.
Lord DENMAN submitted another supposition. Sir W.
Follett had said that they had no right to suppose that the
prisoner was not guilty. Let him suppose that the pri-
soner was guilty, and that no list had been delivered, what
would be the consequence?
Sir W. FOLLETT thought that in such a case no ad-
vantage would be taken by the prisoner. If lie pleaded
guilty, no witness would be produced at the trial. In cone
elusion, then, he repeated what had fallen from one of
their Lordships that they were then deciding a dry ques-
tion of law. He ventured to hope, that the consequences
of a trial not being conducted according to the provisions
of the Act of Parliament, would not arise, and he trusted
that their Lordships would decide that the objection—no
matter how formal—by which the prisoner sought an ad-
vantage to which he was entitled—that the objection was
fatal, and that the awful consequences would not follow
from the verJict that had been then obtained

, The ATTORNEY-GENERAL next rose, and said that the
.Learned Counsel had acted very fairly and manfully in the
defence they attempted to make in favour of their clients--
at the same time, he trusted they would hold him excused
• if he occupied a portion of their time in answering those
, objections which the Learned Counsel had so ably argued.
Notwithstanding that laudable zeal which had been mani-
fested on their side, he was compelled to say that he had
heard no new argument advanced that had not previously
been made use of. He begged to say that he never sought
to avail himself of any advantage from anything that took
place, before Zephaniah Williams was called upon to
plead. He agreed in opinion with the prisoner's Counsel
that Williams should not in any degree be prejudiced by
anything that took place before the trial. It was at the
request of Mr. Owen, the prisoner's attorney, that it was
agreed to give the pristine: an advantage which he other-
wise would not have been entitled to, and that same Mr.
Owen expressed himself very thankful for the manner in
which he was treated. Whatever the consequences might
be, he thought it was quite impossible to allege that the pri-
soner had been treated unfairly, or that he had an unfair trial.
With regard to the objection raised by Sir F. Pollock and
Mr. Kelly, he thought that in the discharge of his dnty
he was called upon to inquire whether that objection
should have been brought forward at the time or alter the
jury had been sworn. Tile Counsel for the prisoner was
asked if he had any objection to have the prisoner tried,
and be said not at all; at the same time reserving to him-
self the power of making that objection, and enjoying the
full benefit he was entiled to. They should then co ,sider
what validity there was in the objection which has been so
much urged, and, in doing so, they must Fee what construc-
tion should be put upon the Acts of Parliament which had been
so often quoted during this argument, from the 7th of
Qusen Anne, and the 6th of George I V., it would ap.
pear that the 6th of George IV.' renders that quite unnec-
cessary which is required to be done by the 7th of Anne,
but he did not ask to have any words struck out of the
statute—he did not ask for the striking out of one single
word. He would ask what was the just and equitable
meaning of the words of the statute ? With regard to the
words •‘ at the same time," the meaning of which should
be taken either absolutely or relatively, those words coldi
very well bear another construction, for the word "
is frequently intended to bear the same meaning
as the word " within." For example, a bill of exchange
at three months, or a promissory note at six weeks, means
that either of these were payable within that period ; and
he thought the words of the statute bare the same inter-
pretation. With regard to the service of the three things
before two or mare credible witnesses, that might also be
construed into the meaning of having each of those things
served in the presence of two credible witnesses, indepen-
dent of the others. The question for their consideration
was to cou,ider what construction should be gut upon those
statutes, so as to carry fo ward tie intentions of the
legislation. The 7th IVilliam 111. stated the copy of the
indictment should be served five days before the trial, and
a list of the Jury should be served two days; but, then, it
appeared both of those notices should be served at the
salt e time. The words " same time" relatively refers to
the trial, to which the calculation was made. Which of
the statutes were hest calculated to carry the objects of the
legislation inte effect, either the 7th of William 111., or
the 7th of George 111. ? In the preamble of the Bill
of William 111., " That Act was passed for the purpose
of enabling the prisoner to prepare for his defence,,'
The object of the law would be best observed by making
the different services at the period which might be found
most convenient. The objection made to the non-simul-
taneous services of the el, cuments as being disadvan-
tageous to the prisoners were entirely groundless and ims-
ginary. He had, on the contrary, shown many positive
advantages which would result from it. The enactments
of William the Fourth and of Anne were considered as the
glory of the English law ; but no lawyer had ever inferred
from them that the service of the three documents should
be made at the same time. That was not manifestly the
opinion of Blackstone.—( Here tile Learned gentleman
read over again a passage from Blackstone on the subject.)
The fact was, that the object of the law would he better ob-
tained by separate services than by making them simulta-

! Reliance had been plgced by the Learned Counsel
for the prisoner on Lord George Gin, o's case. The
procecdirgs, liol‘ ever, is that case had been merely a con-
muition of what had always been done, under the statute
of William. It had b2en there held sufficient to serve a
cell of the witnesses to be returned—that had beer, done,
and this trial took place at the expiration of ten days.
His Learnt:el Friends had also relied on the statute of
Ist of Victoria, chap. 26. RL-ferring to the 9th Section
of that Act of Parliament they ask if the signatures
of a testator would be legal, though made at different times.
He should reply most certainly not. They should be
made at the same point of time, because that is expressly
required by the Legislature. The Act of Parliament al-
luded to admitted of only one interpretation, and the Court
would of course be bound by it. His Learned Friend,
Mr. Kelly, had said that he (the Attorney-General) had
treated too lightly the cases cited by his Friend, Sir Fre-
derick Pollock. He should say that there was no inten-
tion on his part to undervalue the learning and ability ex-
hibited by all his Learned Friends on the occasion ; but
he did nut think on a former occasion that the cases they
had cited bore strongly on the point, and he did
not believe it was necessary for him to enter very
minutely into them. He thought so still, and he
would now follow the same course on the matter.
(The Learned Gertlmian here discussed the cases cited
by Sir Frederick Pollock, and again
.contended that they
were not applicable in the present instance.) With
respect to the several actions of the King against various
parties, he should only again remark that in these cases
the words ,of the Act of Parliament did not admit of a
second interpretation ; and that there the intentions of the
Legislature were not defeated. Now he, the Attcrney-
General, had cited cases in which the Court had altoge-
ther departed from the literal words of the Act, to carry
into effect what they considered the real kite' ed of the
Legislature. Both the statutes of William and Anne re-
ferred to trial. The strict meaning was the Jury being sworn.
Yet the Courts had held it open to arraignment. His
Learned, Friends had not weakened the force of Rookwood's
case, where though the words were that the prisoner should
be served with a copy of the list, " returned" two days before
trial, it was held sufficient that he should be so served with
a copy cf the lift to he returned. Why? Because the evi-
dent intention of the Legislature was answered. He now
would shortly advert to Peel's Act. If he were asked
if the intentions of the framers of the Act were to sever
the simultaneous service of the documents, he should
answer negatively ; because they would not have considered
that the statute of Anne did not require it—but however
that was under Peel's Act, it plainly was not necessary.
had it been considered beneficial to the prisoner it wou!d
have been carefully secured to him.

Mr. Baron ALDERS9N —That still requires that the list
of witnesses should be given with a copy of the indictment.
Mr. Baron PARKE said Peel's Act related to the list of
Jurors only.

The ATTORNEY-GENERAL—In the King's Bench that
Act effected a severance. The copy of the indictment must
be delivered ten days before arraignment, that was twenty
days before trial; and if the list of witnesses must be
delivered with the copy of indictment, that would be
twenty days before trial, and would effect a considerable
alteration in the statute of Anne. In trials in the King's
Bench a severence was made in one mode of trial, and it
could hardly be supposed that a severance would be made
in one species of trial and not in another. How then
could it be said that all these then were to be served si-
multaneously. 9r even admitting that at the same time
under Peel's Act meant simultaneous service, it could only
apply to the list of the jurors and the copy of the indict-
ment, which in these cases was done ten days before ar-
raignment, and the list of witnesses was served ten days
before trial, in conformity with the Act of Anne. So that
both statutes had been complied sNith. lie admitted that
when the words of the Legislature were clear and explicit,
the consequences must be disregarded.
Lord ABINGEK said, that suppose Peel's Act had been
more explicit. and had stated that the list of witnesses
should be delivered as requited by the statute of Anne,
would that be before arraignment or trial ?
The ATTORNEY-GBl,ll.ißAL—Before trial, certainly; be
cause Peel's Act made a distinction between trial and
arraignment.

Mr. Baron ALDARSON supposed the object of Peel's
Act was to get rid of the inconvenience which had been
felt in Lord George Gordon's case, and was merely a
legislative exposition of what had been held, that arraign-
ment meant trial.
The Arreaurty-GE4Endm hardly considered so, be-
cause the Act drew .a distinction between trial and
arraignment.

Lord Arnsov.it thought the intention was merely to re-
move sonic ambiguity with regard to the statute of Anne.
The ATTORNEY-GENERAL from the whole gathered
that the Legislature deemed simultaneous service unneces-
sary. Where an Act admitted of two constructions, and one
carried out the general intentions of the Act, and the other
did not, surely the argument of public convenience was a
very powerful one. Suppose a case in which the point was
exhausted, it had been said that the Court could quash the
indictment.

Air. Baron AI:DEFISON—What was to prevent the pre-
ferring a new indictment when the other was pending 1
The ATTORNEY- G lIINERAL-..JustiCe might be defeated;
and just consider the advantage to the Crown if, after
having served a fresh: copy of the indictment, an
amended list of witnesses might have been served
with it, it would be ea immense disadvantage to the
prisoner. Now, under, his construction of the- Act
the prisoner would have all ithe advantage of
the amended list of jurors, while the Crown would be
bound by its original list of witnesses. His Learned
Friends who were opposed to him were aware of the diffi-
culties by which they were surrounded, and had gone so
far as to contend that there could he no waiver whatever.
The, word waiver was not a good one; but the question
was, whether, having omitted.to objet at a particular time
to the irregularity, toe Court were not bound to pre3ume
that ever) thing had been done regularly. One of the most
important provisions of the Act was, that the prisoner
should have a copy of the indictment. According to his
Learned Friends, this was an advantage be could not
waive ; but in Rookwood's case that very point
had been decided, and it was decided that the ob-
jection of it was not made at the time ; the
prisoner was called on to plead • came too late.
Any objection that could not be made before pleading, of
course must be so made. But it would be a proper ana-
logy to ca 1 for pleading, that he had not been served with
lists ,f jury or copy of indictment. Was it not absurd to
say that any time before verdict the prisoner could claim
his acquittal on the ground of some before unnoticed flew
in the copy of indictment, or defect in the lists. Objec
tions to particular witnesses, or particular defects in the
list, could not be properly urgsd before pleading, or until
the witness was called. But objections which went to the
whole lists should be taken at the earliest stogie. There
was no force in the statement, whhieh was indeed quite
unfounded, but Counsel were not usually present at ar.

Mr. Just ce COLEitiDGE.--.SLIppOSC the Judge forcA hint
to plead?
The ATTORNNEY- GENERAL said he never could suppose
a 7ndge so ignorant of the law, but that would be no mis-
trial. The laws presumes that Judges acting on matters
within their jurisdicton, would act according to law.
Would it not be a perversion of justice for a prisoner, after
throwing himself ;upon h a Jury, to bring forward as a
substantive defence that the writs had not been properly
delivered from some slight technical irregularity. If the
objection were urged before pleading, no such public in-
convenience would arise, as to the result of his being per-
mitted thus to turn a shield into a sword. How could it
be said that any dangerous crnsequenee would result from
the Crown postponing trials unjustly, when on the habeas
corpus the prisoner might be &scharged after the first and
second assizes had past. And in the meantime the
Attorney-General, who should have so misconducted
himself, might justly be dismissed upon impeachment.
The Learned Attorney-General referred to Rix v. WP.rd
Sixth, Modern Reports, and Goddard and Smith, same
volume. He argued that the inference was, that things to
he done before trial, must be demanded before trial, and
the objection must not be kook till after the trial has com-
menced.
(To be continued in our Second Edition.)

HINTS TO EXPECTANTS.—It is rumoured
that certain officers, clerks, foremen, timber converters, mas-
ttrs, and inspectors of the Dock-yard, who hold the present
Government in great abhorrence, and have been actively can-
vassing for Mr. Dawson, intend to resign their situations. We
are happy to inform our readers that no fears need be antici-
pated for the public service, as at least fifty candidates of acknow-
ledged talent are expected to offer for each vacancy, even should
the salaries be reduced !! ! The ladies of Devonpart, out of
respect to their liege Lords and Conservative husbands, as-
semble this morning at Elliott's Royal Hotel, to consider the
best means of presenting a flag to the Right Hon. G. R. Daw-
son, which was painted in the confident expectation of that gen-
tleman's being returned for the borough. An early attendance
is requested, as in all probability it will be found necessary to
demand a poll before the flag can be hoisted.—Devonport In-
dependent.

DEATH FROM THE INCLEMENCY OF THE
WEATHER-On the 21st an inquest NN as held at Rothbury, on
the body of John Hedlev, shoemaker of Poncherry, near
Rothbury, who was found, on the morning of the preceding
day lying in a state of insensibility, and nearly lifeless, in a
stack-garth at the east end of Rothbury. The deceased had
been from home on business, and having been seen near the
stack. garth on the night before, he is supposed to have retired
to it for shelter, and incautiously fallen asleep. He has left a
widow and five helpless children. Verdict—" Died from the
inclemency of the weather."— Tyne Pilot.
CHURCH MEETINGS.—At the meeting of the
Town Council of Dundee on Thursday, a minute was pre-
sented from a meeting of the friends of the Church of Scotland,
remonstrating with the Council respecting their resolution in
refusing to grant the use of one of the city churches for a
non-intrusion meeting. After a long discussion, it was moved
that the Council should allow the Church meeting to be held
in the Steeple Church, which was negatived on a division by
nine to four. Another motion was made, to the effect that the
Council approve of the Magistrates giving the use of the
Church, provided they are satisfied that the meeting is of a
legal, religious, and constitutional character. On the vote
being taken, it was lost by a majority of six to four—one de-
clining to vote.

FIRE ON THE MANCHESTER EXCHANGE
PREMP.ES.—On Thursday evening last a fire broke out on
these premises, which was fortunately discovered before the
master and porter left at night, otherwise, in z,ll probability,
the fire would have made such progress before its discovery, as
to have endangered thew hole pile.
The Bishop of Exeter is calling on the Gov( rn-
ment to put down Socialism. Now Socialism (the Sheffield
Independent pertinently remarks) is but another name for infi-
delity ; and the adherents of the State Church tell us, that the
object of the Church is to maintain and extend religion—that is
to extinguish infidelity. How is it, then, that whenb infidelity
becomes somewhat. more vigorous than before, the Church calls
upon the secular arm to put it down? Simply because the
Church, with its vast income, its Lord Bishops. and its gentle-
men priests, does not answer its professed object. But the
Bishop of Exeter is not content that Socialism should spread
through the inefficiency of State religion, he would still further
extend it by means of persecution.
THE CHAPEL ROYAL, ST. JAMES'S.ehi—lb7ietel
s(
to have -
terday the Chapel Royal and its various approaches exhibited
the signs of busy preparation. The orders are_
paling
the in-
terior of the chanel completed as soon as possible. A
is erected en the outside, and every person but the individuals
actually engaged in the work are rigidly excluded.

B Il?Tli S.
On the 24th inst., Mrs. Frederick Heisch, jun., of a son.
On the '24th inst., at Chiselhurst, Mrs. G. W. Barnard, of
a daughter.
On the nth inst., at Woburn-place, Russell-square, and of
the Inner Temple, of a daughter.
On the 25th inst., at Brompton, Middlesex, the lady of
Ja(m)nes
the
t 7,
hEsiqn.s,t.e,f
atL iDn cuoslsne'lsd-oi nr
fn, - fi
thee l d si ,a
do;
moos, Esq., of a son. aosfonw.eorge Salo-

ARRID.
On the 23d inst., at Remenham,E
Berks, the Rev. Augustus
Fitzroy, Rector of Fakenham, Suffolk, third son of the late
Lord Henry Fitzroy, to Emma, sixth daughter of E. Fuller
Maitland, Esq., of Park-place, Heioley-on-Thames.
On the 12th of December, Mr. F. J. Bishop, surgeon, s°o
of the late William Bishop, Esq. of Basingstoke, Rants, to
Miss Betsey Darbee, of Florence, 'North America.
On the 25th inst., at St. John's, Hackney, John Besemerest
Esq., to Ilester Newby, eldest daughter of William Vat'',
Esq., of Hackney.
On the 25th inst., at St. Stephen's, Coleman-street, from the
.
residence of John Louis Lemme, Esq., Finsbury-circus, Jon?
Ansley Hingeston, Esq., of the same place, to Paulina,
daughter of the late John Stephen Barandon, Esq.

D D.
At his 8, at, Hornby Cos le,E near Lancaster, Rear-Admiral
San:}ford Tatham, aged 85.
(in the 23d inst., the daughter of H. P. Best, Esq., aged
14 days.
On the 22d inst., at Chelt, nham, Henry, the son of Captain
Henry P. Wulff, of the Royal Engineers, aged 6.
In August last, at Port Macquarie, New South Wales, Car
taro E. L. Adams, late Commander Hon. East India Colo'
pan N, 's ship Kellie Castle.
On the 24th inst., at Torquay, the Rev. Alfred Howell,
B. A., of Caius College, Cambridge, curate of Sedgley, Stafford'
shire, and fourth son of Thomas Howell, Esq., of Clapham,aged 24.
On the 23d inst., at Dover, Mrs. Elizabeth Fry, eldest
daughter of Robert Fry, Esq., late of Chancery-lane, aged 74"'
On the 11th inst., at Paris, Thomas Henry Hill, Esq., ooli
son of Thomas Finimore Hill, Esq., aged 19.
On the 20th inst., at Priory-road,
Wandsworth-road, Lie
tenant John Cameron, R.N., of Invermalie, Fort William,
aged 67.
On the 23d inst., Mr. Thomas Stunnell, of High-street,
Croydon.
On the 28th of August last, at Launceston, in Van pima'''.
Land, Joseph Oswald Lumley, Esq.
On the 24th inst., in Albemarle-strzet, Piccadilly, Mr. Evan
Macpherson, at an advanced age.

London: Printed and Published by MURDO YOUNG, f
No. 112, Strand, at The Sun Offlee, No. 112, Strand' in
county of Middlesex.—Tuesday, January 28, 1840.