The Sun.
London, England, 1824-07-14 00:00:00

SECRET ASSOC-lATIONS.

BERLIN, JULY I .—lf our Government his been
obliged to employ the severity of the laws against the Secret
As.sociations still subsisting in the University of Halle, it has
lately issued very wholesome and energetic ordinances against
that pernicious system of aSsoeiation, especiall called the Ilor-
chenschaft, to put an end to it in future in ally the Universities
of the kingdom. These A ssciations are in future to be consi.
tiered not merely as Assnciations among the Students, but as
belonging to the class of Secret Societies prohibited by the
'diets of 17911 and 1816, anti consequently punished by the cri-
minal law which inflicts the penalty of iconnsoninent in A for-
tress, for a term of "three to ten years, besides expulsion from
the University, and disqualification from 614ing any public
office, in which even the practice of the Medical Pretesston is:
included. .

. .
The investigation cornmenced against the Members of a
secret Tevoltitionary Society in Germany, is now confided to a
Special .CommiSsion, which is to make. its report to another
Court of ;Notice, probably the tribunal at Breslau. The num-
ber of persons contine;l in the Castle of .Copenick is very dif-
ferently stated, many, of them had already 'eft the University,
and several are of very distinguished families,, One of the
most important confessions is loud to have been obtained in the
following singular manner :—A young man, having taken the
oath of the Society, repented, and, feeling his honour inrpli-
cateils and unable to bear the pangs of remose, he resolved to
pug amend to hi's life, and attempted to cut his throat with a
blunt knife: failing in thiC he stabbed himoelf t however, he
did not wound himself mortally, and was happily eared. He
attributed • iris preservation to a special interposition of Provi-
dence, and confessed all he knew.—( Frankfort Journal.)

SURREY SESSIONS,
GUILDFORD, TUESDAY, JULY 13.

The Surrey Sessions, which were held yesterday, excited no
ordinary degree of interest from an expected discussion relative
to the tread-mill. The case of Captain O'Callaghan was also
expected to be introduced, and to these circumstances it is
owing that the attendance of Magistrates was more nuinetous
than usually takes place at a Quarter Sessions. At a few
minutes before eleven o'clock, Lord M trinurr ow took the
Chair. Amongst the numerous body of Magistrates present,
we observed—Lord Eastnor (Chairman), Mr. H. Sumner and
Mr. Denison (the County Members), Sir T. Turton, the Hon.
Grey Itennet, M.P. Mr. Druininond, Mr. Briscoe, &c. &c.—
After the usual proclamation was read, and the ordinary routine
of opening the Sessions were gone through, the Grand Jury
were sworn. _

Lord 3I innt.wrox, in charging the Grand Jury, said, he
would confine himself to a single observation, as all the cases
in the calendar, with the exception of one, related to ordinary
misdemeanors, and offences which were of common occurrence,
and did not call for any retnark from him. The case to which
he alluded, was an indictment preferred against three persons
for disturbing g dissenting congregation legally assembled.
IVhen this case came regularly before them, he requested their
particular and marked attention to it.
A presentment was put in for the repairs of Putney Bridge,
which ,was stated to be in a dangerous and dilapidated state.
After a short discussion, the estimate for its repair was rejected.
Several presentments fur various local improvements were
then laid before the Court, and obtained the sanction of the
Bench.
MR. O'CALLAGHAN.

Sir MOMAS TURToN, on the presentation of the report of
Mr. Dixon, the Surgeon of the Horsemonger-lane Prison, ex-
pressed a desire to propose a few quesions to this gentleman,
relative to a motion which it watt his intention to submit to the
Court in the course of the day. lie was anxious to do so now,
in order that he (Sir T. 'l'.) might not detain hint to as ad.
vanced part of the day when the motion might come on. The
-lion. Baronet then put the following questions
Do you see each prisoner on his first cotumittal to the ward
appointed for his reception ?"—Yes.
Do you recollect a person of the name of O'Callaghan hay.
ing been committed ?—i do.
%Vhere was he placed ?—Mr. Dixon described In a low tone
the ward in which M. O'Callaghan was placed, but referred to
the gaoler for a more accurate description of it.
Vas he in good health at the time of his imprisonment ?
Yes.

?h—o ant
ea
come lo remonstratef ort h complain
do ft thehoutgriel at timt
lei na
nit heh a Tned.
ceillveidd
unjustifiable that a better diet should be withheld from him.—
He (Mr. Dixon) had no power to comply with such a request,
unless the prisoner was affected by illness.
On any occasion that you visited Mr. O'Callaghan, did you
find him indisposed?--0p one occasion he complained of a
stomachic complaint. I accordingly ordered him proper diet '
and necessary medicine.
Is he not now discharged ?—Tes.
Sir T. TUrrOle was desirous of assuring-Mr. Dixon that he
did not put the questions he had proposed with a view of im-
puting to him blame, but for the purpose of shewing that the
public officers discharged their duty. He would put one more
question :—Was a month's diet by Mr. O'Callaghan on bread
' and water, inch a diet as in your opinion was likely to seriously
affset a person in his station in life ?—That would depend on a
variety of circumstances.
By. Mr. Cl, limn NNT—What was the size of the ward in
which Mr. O'Callaghan was confined?--Eight feet by five.
By Mr. II trio zu—Wera you sent for on any occasion by
him ?—Yes; on the second day ofhis confinement he complain-
ed of the diet he received, and wished to have it altered, and
that he might be allowed to take wine.
By Mr. H. Su xxxii—Do you ever order wine for prisoners
except in the event of sickness or disease ?—Certainly not.
A short conversation then took place relative to the education
of the younger class of prisoners.
Mr. COUILTIMAY here suggested the propriety of permit-
ting the regular business of the Court to take precedence of
public motions. lie threw out this suggestion with a view to
the accommodation of numerous parties who were in attendance.
It wits accordingly agreed upon that Sir Thomas Turton's
motion should come on when the rules of' prison-discipline were
under discussion; and that Mr. Briscoe's motion, relative to
the tread-mill, should be entertained when that engine was
before the consideration of the Court.
Mr. Walter (head.jailer) examined. •
Mr. Ilitiscot:—Waa there a glazed window in the ward
where Mr. O'Callaghan was confined?-.There was no glass in
the apartment, there was only a shutter.
I Then it was exposed to the admission of rain, and to the
humidity of the atmosphere ?--Yes; unless the shutter were
elo,letl.
.tr. Butseott—But than he would be deprived of light.
By Sir T. Towrow-...Wstre any other persons confined in
the same ward ?—Yes, two others convicted of misdemeanour'.
What was the size of the room in which Mr. O'Callaghan
was confined ?-11;ight feet by six, and eleven in height.
What were the dimensions of the airing-ground ?--Ten yards
long and six wide. .
'ho were the two other" prisoners who were in the same
ward with Mr. O'Callaghan, and of what were they convicted ?
—Timothy Harrigan was one.
Sir T. TuRTOS--:-He was an Irishman, and convicted I be-
lieve of a lark ?-0f something of that nature.
lie was .a day-labourer.?-1 es.
Who was the other prisoner in the ward, and of what was he
convicted ?.-Ells name was Morton : he was a journeyman
hair-dresser, and convicted of an assault.

Was it an aggravated assault P--Yes, a violent assault on his
wife--breaking-her jaw-hone.
By Mr. unsow—ilarrigan was convicted, was he not, for
running a murk and knocking down every person he met on a
Sunday morning ?—lie was—for obstructing the pathway.
Ity Sir T. I't: ox,--And was it with such persons that Mr.
O'Callaghan was obliged to associate ?-...Yes.
Aid lr. O'Callaghan make any complaint to you P--Ile
did ; he complained that he was not parmAted the use of wine
and better diet. '

Do you knoir of any power vested in you that permits you
to exercise a discretion to . the treatment and classification of
prisoners ?—I am not aware that I possess such a power.
What did you do' in consequence of such a complaint ? —I
advised ltitn to make application to the visiting Magistrates.
How inanydays was Alr..O'Callaghan restricted in his diet
to bread and water ?—Six days.
By Mr. HUDSON—As the difference of the rank of prisoners
had been introduced, and as the occupation of the other pri-
soners was spoken of, may I ask what was Mr. O'Callaghan ?
—lle is, 1 understand, a theatrical character. . .
By Mr. H. SU MNER—That is, in plain English, he lea
player.. Do you know where he played plain
the Coburg and
the Adelphi Theatres.
By the
.Ifon. G. BENNET—Have you heard that Mr. Gar.
rick and Mr. Kemble were players ?—Yes,
To a question from a Magistrate, relative W the precise time
in which Mr. O'Callaghan was limited to bread and water, he
replied, from the 16th to the 20th of June (both these days in.
elusive).
Sit T. Tun Torr was unwilling to take undue precedence of
any gentleman who may have a motion to bring forward, but
he was anxious to submit one, with .a view of determining
whether any and what improvements and alterations may he
made in the regulations of prison discipline, as affecting per-
arms convicted of misdemeanors ?

..... .
Mr. DENNISON suggested the expediency of postponing his
motion until the teport of the visiting JWlagistrates was read.
Lord IlAsTNott copr:urred, in the wish of his Hon. Friend,
that the report of the visiting Pagistratei be read previous to
the entertainment of the motion.

Sir T. TUItTOW assured the Noble Lord that he meant
to cast no imputation on him or on the conduct of the Ma-
gistrates who acted with him on a late occasion. On the con.
,
trary, he had the highest respect for the body of the Ma-
gistracy of the county she yielded to none in the kingdom
'hi the exemplary and consciencious efficient discharge of,
their duties. It must be' admitted, however, that public opi.
nion was strong against them on the late transaction to which
allusion had been made. This public prepossession was formed
against them from an ignorance, which he believed to be
prevalent relative to the Act of Parliament on which the Ma.
gistrates acted. The object of his motion wait to set the Ma-
gistrates right in the public mind, by sliewing that they were
not liable to blame, for they had only acted in conformity to
the directions of an Act of the Legislature.
After a few words from Mr. lltiosost,
The Report of the Visiting Magistrates was. read. It recom.
mended the reinovel of several restrictions on prisoners relative
to the hours of confinement, and the mode of diet. It pro..
posed that prisoners should be allowed to supply themselves
with nutritious food, beyond the gaol allowance—that the
hours of locking up and other internal arrangements of the
-prison, should be altered ao as to press less severely on the pri-
soners, and that they should be allowed fermented liquors in
moderate proportions.
Laid .EASTNOR expressed the satisfaction he felt at the report
which had been read, and his approval of the alterations it re.
commended. The former regulations certainly required revision
and chnnge. Many regulations, which in theory were right and
just, in practice were found otherwise. He had but lately in-
terfered in the business of the county ; but from his own obser.
vation, and from reading the report of the surgeon of the county
jail, he was satisfied that bread and water was not sufficiently
nutritious food for preserving the health of the prisoner. Ile
therefore entirely approved of the proposed alterations in the
arrangement with respect to diet. There were other points,

however, which demanded attention and required alteration.—
The seventeenth and nineteenth of the prison-regulations were
not, in his opinion, a fair interpretation of the Act of Parlia-
ment or fulfilment of its intentions. The rule of the jail-dis-
cipline prohibited the use of spirituous and fermented liquors,
whereas the part of the Act which corresponded to this rule,
only. prohibited spirituous liquors, and did not place a similar
restriction on fermented liquors. The same observation was
applicable to the nineteenth rule which exceeded the restric-
tion imposed by the Act-of Parliament, and which occasioned
the undue rigour which Mr. O'Callaghan experienced.--(Hear,
hear !)—lle regretted that he had been so dealt with ; he re.
petted that Mr. O'Callaghan had been so dealt with, because
it was owing to the misinterpretation of the (laol Act, by the
rules of the prison discipline that he bad been subjected to such
treatment. Ile could not help adverting to the many observa-
tions which had been publicly thrown out upon his conduct.
Those observations were made without a knowledge of the cir-
cumstances that were developed at the trial. In no newspaper
or publication did a correct account of what took place at the
trial appear, and undeserved obloquy always reflected back with
disgrace on the party from which it first came. He had heard
that a worthy 3lagistrate •( Mr. Allen) had made a statement
relative to the case of Mr. ()'Callaghan. It was supposed by
some persons that he had framed that information from his
(Lord Magner's) notes ; but he was desirous of assuring the
Court and the country, that since the trial, he has had no Com-
nutnication whatever with his worthy brother Magistrate. Ile
neither saw his notes, nor had any communication whatever
with him.

Mr. ALIA sr confirmed the statement of the Noble L0rd.....
He had called upon the Lord Mayor, in consequence of some
observation of his which were reported in the newspapers. The
Lord Mayor assured him the report was incorrect; and, highly
creditable to his Lordship, he (Mr. Allen) obtained a satisfac-
tory, explanation on what had fallen from him. He had pub-
lished a statement in the Times newspaper since. That state-
ment was drawn up from own observations on the trial ;
and he fully concurred with the Noble Lord and the whole
Beach of Magistrates as to the justice of the sentence awarded
to Mr. O'Callaghan. That gentleman had written a rejoinder,
which did not contain any dung that either materially differed
from his statement, or that in ply degree altered his original and
present impression of the case.
Mr. DE tso sr, as a visiting Magistrate of the gaol, and from
the part he had taken In this business, felt called upon to offer
a few observations. He had certainly interfered to mitigate the
severity of Mr. O'Callaghan's sentence; he interfered so as to
improve his diet, and to procure for him a less rigorous ob-
servance of the rules of prison discipine in this regard. He
thought he should be entitled to the comforts and accommoda.
done which persons in his station of life were accustomed to en-
joy. Perhaps, indeed, he exceeded the power he possessed as a
visiting Magistrate. If so—if ho erred—lie erred on the side of
humanity, and therefore hoped his brother Magistrates would
pass a bill of indemnity la his favour.—(Hear !)—He had or-
dered a newspaper, pen and ink, and free admission to the
friends of Mr. O'Callaghan ; and in doing so he was apprehen-
sive he had overstepped the limits of his " brief authority." As
to the conduct of the Magistrates of Surrey, he had stated in
his place in the House of Commons, and as he most conscien-
tiously believed, that there was not in the country a more
active, zealous, and diligent body of Magistrates. They were
like other men liable to error ; the Act of Parliament on which
the regulations were grounded had only lately passed the Le-
gislature, and if there was any error the Magistrates might fair.
ly be permitted to plead " re: jeers a regal novitas." It was n
matter of great satisfaction to him to find that some projected
improvements were to be introduced as to the diet of the pri-
soners—the hour of locking up—and the moderate permission
of fermented liquors. A gaol should not be made a place of
luxury, but at the same time they were bound to send the
pri-
soners out of the gaol in as good a state of health as they came
I into it: He was anxious to touch on one point more, namely
the treatment of persons in prison who moved in a sphere of
society, which entitled them to respect, and to the comforts
of life to which they had been habituated. He was therefore
anxious that persons of education and of station should be
separated from those to whom he meant no disrespect by calling
the lower orders. it was true that a rich and. a poor man
ialirsicihnanbiailnitywafsrotsithedis
were the same in he eye of the law; but then it must be ad.
wmasitteLtchhat
former habits to encounter "R.' To a man whose habits were
mthoreepusenyierslzecptiAlcc9.4l
uwnitiloclfi
those of daily labour entre:miss such a!' were those of a
labourer, the diffieulty was ioconsiderable; but to a person
wlabour
was Iten cou
Honourabler unacquaintedencourages.!'
Tft with the a
st hwae
at
fgroeramd-id
an
proceedingilb ll,e aenndg
itnthoge
oscproecmp
power.
[The
on the effects ofahe tread-mill, when he was called to order
by the Chair as being extraneous to the business of the Meeting.]
Ile then resumed and said, that he merely meant to say,
that what was punishment for an offence for one man, was
more than adequate punislunent for another, on account of
the different stations which they filled in society. He concluded
by giving notice of a motion for next October, that 'tench
prisoner be permitted to purchase provisions for himself—that a
classification of the prisoners should take place, and that fee.
mented liquors he permitted to the prisoners.
Sir T. TURTON said that the motion which he intended to
subject embraced nearly the same objects. He was anxious,
however, that he might not be considered as identifying him-
self with Mr. O'Callaghan, whom he had never known or
seen. He felt only for the Magistracy, who had certainly
sunk in public opinion by their conduct on that occasion. That
powerful engine of public opinion, the press—he meant the daily
press--was unanimous against them. This was of the more im-
portance, because it was a well-known fact that the press did not
direct public opinion, but that the press was led by it. With
the exception of a Sunday paper twe believe John Bull) the
public voice, as expressed through the public journals, was
loud and unanimous against tliis business..--(hear!)--He
would put it to any man of 'understanding, if any of those
persons around him, whose good countenances bespoke the
good cheer to which theywere accustomed (a laugh), could live
and enjoy health for a month on bread and water. Very few
were confined to the gaol allowance, but, latterly, in this county
it had bean most rigorously enforced. The circumstance of Mr.
O'Callaghan being a pltiyor had been adverted to, as if that were
discreditable to him. There was not one amongst us who, by
untoward circumstances, might not be obliged, by die exercise
of his talents, whether through the stage or otherwise, to make
an honest and independent livelihood for himself.—(Hear, hear !)
He coutended that, notwithstanding the evidence of the gaoler,
yet that there was a discretionary power vested in him to take
into consideration the rank of the prisoner, and classify him
accordingly. This, he maintained, was fully proved by the
10th Rule. He concluded by giving notice of a motion em-
bracing the objects contained in his speech.
Mr. G. 13EuierT seldom rose in favour of the House of
Common” but as to the Bill which passed in the July of
the foregoing year, he must say,. that Parliament bestowed
the most diligent and active attention to the subject. It
had been discussed by the. best and most honourable men
in the country, and their opinions upon the clauses were
made up after a protracted and animated discussion. The
Lords, or the House, rather, that used to be called .the
House of Lords, returned it with four hundred and odd amend-
ments, in the adoption of which many injuries were done,
amongst the least of which was the inconvenience arising
from the late transaction. He (Air. B.) believed that the Ma-
gistrates did their duty conscientiously;.. at the same time he
mint say, that the sentence was one to which lie could not
assent.. 'rite law was adopted after long anti painful inquiry,
and in his opinion no blame attached to the law, but to
those entrusted with its execution? for not having discharged
their duty with that minute inquiry which such a case -de.
mended. He had not himself either written or spoken be-
fore upon the subject of Mr. O'Callaghan's case, but he had
neither read in print any observations, or heard any thing in
conversation in his favour, in—Which he did not fully and en-
tirely concur.
snni Magistrateslllleiooscl:l
nfihtsrseoie of
necessity eihftltboaShchretlre Ivelrarlitmo Colleague,l he
would
r(yilnri
snovddlYsAnbneni.eawureo(ti regulationsltetayvih:s(wiuirusecohn.ibeatfadbliunhlilorethy,l nte' tbeil present
tlnseawboe.doteteloannevnsa)nlsattsaid(derrickacomparedhlyl advisable
elutterogivery
introducedtitanleoal virntrral lieheee(erbtadis)rie:tyiirweernaleesittleannhtnersytihbeeelofoeautinirl4elltens3i,ip. meeting
edidnoifoa)oitietilisrwrifropetel orders
hbnahorri
sonable
believedf
3rol
law as applicable to the rich and poor—he (Mr. Simper) re-
cognised no difference in its application. If a man of superior
education-tornmitted a fault, his moral guilt was the greater,
as his education and station in life amounted to a security
against the commission of crime byhim.—(llear, hear !)
Mr. :Ditumatorrn was of opinion that there should not be
one law for the rich and another for the poor. The same offence
should meet with the same punishment, be the guilty party
who he Illay. It' it were said that one person should be exempt
from punishment, had not another an equal right to immunity
also. He was at a loss to know what limit was to ,be assigned
to the rank of the persons who were thus to be exempted from
the ordinary operations of the law.
After A few words from Mr. Denison. and Sir T. Turton, in
explanation, Mr. Briscoe, Mr. Hedger, &c. the Report of the
Visiting Magistrates was received and adopted.
Sir 'l'. Tt7tve oN did not press his motion, which was in sub.
stance the s4m'e as that of which Mr. Denison gave notice at the
next Quarter Seasions.