The Sun.
London, England, 1841-03-23 00:00:00

WEST INDIbS.

Her Majesty's packet, Linnet, Lieut. Forrester, arrived a
Falmouth on F.iday afternoon, having., .*ailed from St.
Thonnts• Velo. 17th,. and Ow Henri, the .btth,-furuishing Ja-
maica letters.' broutht rby' tNe-Firefly' iteamer, to St. Do-
mingo, of Feb. 15. She had a biting- freight of about 5001..
l'a.,sengers, the Hon. Mr. Sinclair, Captain Courteney, and
:11esr,i. Bean, Martyn, and Stoney.
The accounts now furnished are of a much later date than
those we were before in possession of, principally owing to the
hortness of her voyage homewards, but are only of ordinary
interest. _ . _ _ - •

His Excellency Sir Charles Metcalf, by proclamation,
dated January 22, prorogued the House of Assembly from
Feb. I, to March 9.
'the ball given by his Excellency en the 10th of February,
in honour of the birth of the Princess Royal, was numerously
attended. His Excellency wore his uniform as Captain-Ge-
neral, and appeared in good health and spirits. The Members
of the Council were dressed in the Windsor uniform. Dancing
was kept up with animation until the period arrived for ad-
journ' ngto the supper-table, when Sir Charles proposed„ The
Health of the Royal infant and her August Parents ;" which
toast was drank with enthusiasm, and was loudly cheered, in
which the fair visitants joined. A royal salute was then fired,
and the band struck up the national anthem. After supper
dancing was resumed, and the party did not break up until past
two o'clock. The public buildings were illuminated, and
several tasty and apposite transparencies were placed in different
quarters.
The " Jamaica Silk Company" appears to be progressing.
A pound of beauf ful silk was transmitted to the Governor as a
present from the Directors, and a good. sized hank was exhi-
bited at Kingston as the first-fruits of the Company's produce.
It will scarcely be credited that the plants upon whose leaves
the wormswere fed only arrived there on Dec. 13, and that the
coeoons were ready for winding off on the 26th day.
A shock of earthquake had been experienced, with very con-
siderable rumbling, during the night of the 4th of February.
We regret. to find the following in the Royal Gazette, of
February- 6: —" 'I he ' signs of the times' in Jamaica are
decidedly of the most gloomy character ; nor do we exactly
',et, in chat manner they can be changed for the better.
Thicrighout the country generally, as well as in the towns,
the most deplorable stagnation and want of confidence
exist. 'the planters are to7ally despoiled of all hopes
for the ensuing year ; and in their consequent distress are
obliged to inconvenience the !!country traders, who, in their
turn, disappoint the merchant in town, whose resources being
thus impoverished, and whose accommodations being otherwise
drawn in, serious embarrassment, if not bankruptcy, is the
consequence. Nor can wo see that it is in the power of any
single party to remedy this serious evil. At one time, unques-
tionably, it might have been averted, or its effects very mate-
rially modified, by a greater frcility being allowed the public in
turning the island checks into money, and a judicious conti-
nuance of credits and discounts of the several banks. Now,
hoe ever, the disease is too radical in its nature : and nothing
but the most violent remedies need be attempted. In !troth,
it is like a fire which has gained too much ascendancy, and can
only be extinguished by suffering it to burn itself out ! Then,
and not till then, may we expect anything like security and
vigour in the mercantile world; and, although in the mean-
time public distress may assume an almost appalling form, yet
we are confident it is the only effectual means of establishing a
heraldry action in the long run !
The manner in which Sir Charles Metcalfe's speech, de-
livored on the occasion of his opening the House of Assembly
last session, was received in England, has much pleased the
islenders.
A general election of the representatives of the Assembly of
Berle-Arcs took place on the 4th, when the old members w, re
all returned with the exception of J.,hn Packer, Esq., in the
tootle of Sir R. llowcher Clarke, resigned, and John U. Grant,
Esq., for St. Thomas, vice Mr. Carrington.
On Tuesday, the 12th, the House met, and received a very
friendly and generally favourable speech from his Excellency
Sir Evan Al'Gregor. The following are the two principal
paragraphs, and 1,11 deserve attention anywhere :
" The unusually severe drought, at present seriously affect-
ing the agrieulteral prosperity of the country, is deeply to be
deplored, and prudence seems to recommend, for the purpose
of alleviating any temporary financial pressure thence arising,
that the erection of a town hall, a government house, and
other considerable edifices, of late contemplated, should be
postponed to a more convenient season ; but it would be in-
eensistent with sound economy to disturb *le works at the
Mole Head, in the satisfactory progress towards completion.
" In g-neral, the best understanding prevails between the
proprietary body and the peasantry ; and notwithstanding the
various deceitful allurements practised on the inexperience and
credulity of the latter (such as the assurance of their speedily
revering to a state of sla-ery, on the approaching abandon-
ment ofllarhadoes to a foreign power), the artificial migratory
propensity produced among them during the past year has ma-
terially deemed, hut not until the departure of 2,157 labourers
answerably demonstrated that the practical effect of the local
enactments did net in reality unduly impele the voluntary
exorcise of then• locomotive privileges."
The sum of 2OOO/. sterling has been granted as an annual
vary
to the resident Chief-Justice; and 500/. for the Ati.c.r.r-
ney- General.
The packets Ranger and Express put back on Friday, when
their moils were landed, and all letters thereby which arrived
at Falmouth to and on that day were despatched. The weather
having mo IFrated at night, the mails were reshipped, and the
packets again left port.

Their Lordships met at five o'clock.
A message from the Commons brought up the Lease
and Release Bill, the Manchester and Salford Wa.er-
works Bill, and several other Bills, which were read a
first time.

Lord STRAFFORD presented a petition from the
tea dealers of Liverpool, pra)ing for an rquAisation of
the sugar and coffee duties.

TUC, NOBLE LORD presented alto a number of peti-
tions from place; in the counties of Londonderry and
Deivgal, against ley pAtronage in the Church of Scot-
land. - •

The Mutiny Bill, and Marine Mutiny Bill, severally
went through Committee, and were ordered to be read
a third time to-mt.rrw.v.
CASE OF MR. CANDLEISH.
The Duke of ARGYLE having presented a petition
against Church patronage in Scotland, took the oppor-
tunity of defending the Rev. Mr. Candleish against the
charge mnde by the Noble Secretary for the Home De-
partmeat, that the Rev. Gentleman had violated the law.
The Marquis of NORMAN BY regretted that his
Noble Friend the Duke of Argyle had taken occasion
to justify the conduct of Mr. Candleish. Proceedings
had been instituted for the purpose of ascertaining, in
the Scotch Courts of Law, whether the conduct of that
gentleman had been illegal or not.
The Marquis of DOWNS H IRE presented petitions
from congregations of Presbyterians, in the Counties of
Down and Tyrone, against Church patronage iu Scot-
land. The Noble Marquis presented also .a petition
from B lfast, for the better observance of the Sabbath.
The Whitby Improvement Bill, the Sauth Western
Railway 13.11, and the Britannia Insurance Company
Bill were severally read a second time.
POOR LAWS (IRELAND).
ma Earl of GLENGALLeIhen rase to move that
Mr. Phelan, AssiA ant Poor-law .Commissiaser in Ire-
land, should be ceded to the bar and examined. The
Noble Eal said that ho thought it but justice to say
that be had that day received a letter from Mr. Bag-
well, whose name had been mentioned in that
investigation, denying that he was actuated by any im-
proper motive in the appointment as returning officer
of Mr. Butler, a relative of the Roman Catholic Arch-
bishop of Cashel, as stated by Mr Hawley in one of the
Difolin papers.
The Marquis of NORMANBY said, he also bad
received a similar letter from Mr. Bagwell, and that. he
hati written to that gentleman, stating that he (the
Marquis of Normanby) disbelieved the imputation.
The Earl of WICKLOW said, he thought they
ought to have Mr. Hawley there, for it appeared to
him that Mr. Hawley was the most culpable person
engaged in the transaction.

The Marquis of NOItMANBY was understood to
say that he thought it would be proper to have Mr.
Hawley examined at the bar. _ _

Lord ELLENBOROUGH said they should recol-
lect where they were going. He was anxious to have
Mr. Hawley examined, but it appeared to him that if
there were to make inquiry into the conduct of the
Poor-law Commissioners, they had better make it alto-
geif e; and not by helve.—(Hear, hear.)
The Marquis of NORMAN BY said the object of
their inquiry was to inquire on what grounds Mr.
tnade an alteration in the language of a letter
from what was originally intended, and by whose advice
and sanction that eLeration was male.
Tile Earl of WICKLOW said that was the most
important pelt of the inquiry, and he thought it would
he hest elicited by a private Cetnmittce.
Tee Earl of GLENGALL said his object was to
get at the point mentioned by his Nob e Friead, which
could only be done by a Committee up stairs.
Lord FITZGERALD and VESCI thought that
it was due to Mr. Hawley that he should be afforded
an opportunity of explanation.
Mr. Phelan was than called to the Bar and exa-
mined by the Earl of GLENGALL.—Witness is an
Assistaet Poor-Law Commissioner in Ireland. Is a
surgeon. Is not aware that Lord Morpeth gave direc-
tions to the Poor-law Commissioners of Ireland that the
High Constables of Baronies should he appointed re-
turning officers under the Poor-law Act wherever such
a proceelieg should he practicable ; but he knew that
the opinion of the Poor-law Commissioners was that
such ought to be the case. It was generally so under-
stood. Tne general directions given to the Assistant-
Commisioners were to appoint fit and proper per-
sons r turning dicers such as would he likely to
perform their duties efficiently. It was understood that
persons of strong political opinions should not be ap-
pointed. Witness had received a letter from John
Butler, dated Clonmel, 6th February 1839, in which he
requested witness to apply to the Attorney-General,
as he (Butler) had written three letters to him, to
which he had received no reply, and that the
Attorney- Ger e.tal had promised him very fair,
but, as yet, had done nothing for him. Party
spirit genre-Ay ran high in Colonel. Had known
M-. Butler for twenty-seven years very intimately. He
belongs to what is celled the Reform p wry. Unless
he did I don't think he would have written such a
letter as he did to the Attorney-Genera'. Witness has
resided for about thirty years in Clonmel, and knows all
the transactions connected with it. He was not aware
of Butler having made a composition with his creditors
about three years ago, nor had be ever heard of it until
it was mentioned to him in London about three weeks
ago. Ile had never heard of Mr. Butler asking his
landlord for tees years' rent before delivering up
the key of the premises. Had heard of a trial,
Burke v. Butler, but knew nothing of the facts of the
cases ; does not know whether it was proved at that
trial that a relative of Butler's, who went to America,
male over his property to him, to be handed
back on his return, or that Butler settled the pro-
perty on his own wife ; and, finally, that
he gave 5001. to settle the mater. Witness was in
Clonmel when the trial took place, but has no recmlec-
tion of these facts. Recollects a case in which
Butler was brought before the Magistrates for
an assault upon the police, but a most re-
spectable gentleman of Clonmel stated that Mr.
Butler had ac to I most properly on that occasion,
and bad prevenre I a great lose of hie.
He cannot tell why the Magistrates referred the
matter to the Government for its opinion. Wit-
ness voted for Bad at that eiectiou ; atteeded din-
ners an meetings to secure the return of that gentle-
men. Prosecuted the Constitutional newspaper for
libels on his professional character, not for any remarks
upon his speeches at the political dinners, or upon any
other part of his political conduct.
To the Marquis of LANSDOWNE—Swears most
solemnly that he did not prosecute the paper alluded
to for attacks upon his peleical conduct, but for at-
tacks upon his professional character.
To the Earl of GLENGALL—Ho did not
know win ther his solicitor, Mr. Green, made a
speech or a song the ground of the action. Mr.
Butler proposed Mr. Ball at an election in Clan-
tnel. He (Mr. Phelan) supported Mr. Ball on the
occasion, who he believed was returned withaut opposi-
tier). Ile was not aware that Mr. Bell had ever recom-
mended him for the ulnae of Assistant Commissioner.
Ile had oo knowleAgo of this fact, and he had no recollec-
tion of having seen it in the Returns. Ile expected
however, that Mr. Ball would have used his influence
in hisafaveur. He hail no recollection of the fact that
Mr. Butler had acted as agent to Mr. Roaayne at an
election in Clonmel in opposition to Mr. Bagwell. He
saw and heard of the evidence taken before the Clon-
mel Election Committee, but he did not remember the
circumstence. He suspected he had read Mr. Butler's
evidence on the occasion, but he had no distinct recol-
leceion on the matter. He had himself taken no share
in that election.
By the Earl of II ADDINGTON—He had soli-
cited Mr. Ball's interest in his favour for the office of
Assistant-Commissioner, and he had rece:ved from him
a fevourable answer.
By Lord FITZGERALD—You suspect that Mr.
Ball recommended you ?—1 have no doubt but he did.
By the Feul of GLENGALL—Haviog been aware
that Mr. Butler had taken so decided a part in the
election of Mr. Ball, and that he had also used his
influence in favour of Mr. Ranayne at the Clonmel
election, how could yort recommend him to the Poor-
law Commissioners as a person who had no political
connection in the town for the office of returning officer ?
—ln the first place I did not consider Mr. Butler sit the
time as an active canvasser, and in the next place I
did not recommend him—l merely introduced him to the
Assistant-Commissioners,leaving them to judge for them-
selves. Witness had never known, nor did he believe,
chat Mr. Butler had ever been a bankrupt,
or an insolvent, or that he had ever made a
coupo•ition with his creditors. Knows Butler has
preeerty, and does not believe that he is in insolvent
circumstances. Will not swear that he never
compounded with his creditors, but does not
believe that he ever did. When witness had heard a
report to that effect in the office he had written
down to Clonmel on the subject to Mr.
Butler, and to a gentleman of veracity, on whom
he could place reliance, and he would, with their Lord-
ships' permission, read those letters. (It was decided
that the letters could not he read, and the examination
was resumed.) Mr. Butler, in his letter,denied
that he had ever keen bankrup or insolvent
or hail ever made a composition with his creditors.
11,lieves Butler to be at this moment a 50/. free-
holder of the county of Tipperary. Is not aware
that the lease on the property for which he %s_ as
registered has expited. Always understood that Butler

possessed land, but will not swear to these things of
his own knowledge. Has been in the habit of attend-
ing Butler's fatally professionally, but never talked to
him about his private concerns. Buyer had told
him that he had retired from the woollen trade
because the trade was gradually declining. Had heard
and believed that Butler bad !nal.. property in that
business. It was possible that Mr. Butler might hrt•e
male a composition with his creditara without the kuow-
ledoe of the witness.
By Lord ItEDESDALE—\Vitness visited many
families in Clonmel, and he suppose] they were as
much in the habit of canvassing other people's affairs
as in other places—(A laugh)—but be had never heard
of the circumstance. He could not state what, any one
imagined, but he bad never heard any one say that they
supposed or expected. Mr. Butler would become a
bat krupt.
To Lord GLENGALL—He had been absent
from Clonmel eight months in 182-t. He had beard
of the verdict rgainst Mr. Butler, but he did not
think he had ever read any report of the trial. He
did n: t know that any fraud had been imputed to him,
nor had he ever spoken to Mr. Butler upon the subject.
To the Marquis of LANSDOWNE—He knew it
was a civil trial in which the verdict bad bean against
him—he was well aware that it was not a criminal pro-
cee.ling..

To Lard GLENGALL —Mr. Butler was not de-
serving of the character of a partizan—he was looked
upon by the Reformers as a very lukewarm friend for
u.aey years. Witness did not know of his having been
an election agent, and he was looked upon as a lake-
warm friend to the Reform cause notwithstanding his
vote for Mr. Bali. I don't think Mr. Butler was de-
serving the character of a parf eau— there are certainly
many who are less politicians and partizans than Mr.
Butler. The population of the union of Conrad is
about 3(3,000. I think it was possible to find a per-
son less of a partizan and eqnaly fitted for the office of
returning. officer. I knew a clerk of Mr. Butter's
named Denis Walsh, but I don't know how his salary
was paid after Mr. Butler retired from business. 1
believe Mr. Fennell was as strongly biassed towards
one party as Mr. Butler was on the other. I state that
from my long acquaintance wish him. I never heard
anything prejudicial to the character of Mr. Fennell.
Never heard that Mr. Fennell was in arrear in his re-
turns to the Grand Jury of the many thousands which
he had to collect for the county. Mr. Fennell had
never voted fur the county, because he had no vote.
L a not know that the father of that gentleman had
sufficient property to kive him a rent charge, which
would qualify him to vote.
To Lord FITZGERALD—Must almit that Mr.
Butler having attended public meetings, and voted for
one party at elections, was more of a Taxrtizan than
Mr. Fennell, who never attended such meetings, and
ne•.er had a vote. Admitted that Mr. Fennell was as
fit a person to he returning-officer as Mr. Butler. But
the latter had been recommended by Messrs. Hawley
and Hancock, before Mr. Fennell's application was
received.
To Lord REDESDALE—AIthough the written
recommendation from those gentlemen had not been
received at the office of the Commissioners before Mr.
Fennell's application, yet it was known to the Commis-
sioners through witness, that they did recommend him.
It was not a rule to make written records of such corn-
municetions as had passed upon the subject ; previous
to the letter, included in the returns before the House,
II was in Dublin on the 15th of February, 1839. I was
then Assistant Poor-law Ccermissioner. I might pos-
sibly have seen Mr. Fennell's letter, but I have no re-
cellection of it. lam certain I did not tell the clerks
in the office that Mr. Butler had been appointed re-
turning officer. I only knew at the time that Mr. But-
ler had been recommended, and I might have men-
tioned that fact. I was not the main instrument 'n ef-
fecting Mr. Butler's appointrceot. I wrote to Mr. Han-
cock, and that letter was partly a recommendation and
partly an introduction. I thought the letter was a mere
natter of course, and would have given a similar one to
Mr. Fennell had he asked me. If I had seen Mr. Fen-
nell's votes and the incliner in which the returns of the
cess were made, I should not have thought him a proper
person to be appointed returning officer. I was not sur-
prised at Mr. Butler seeking and obtaining so insignifi-
cant an appointment, as he was at the time unem-
ployed. Many persons in better circumstances applied
fur similar situations. I don't recollect Mr. Bianconi,

or any (stiller tarty, having spoken to me in Mr. But
ler's favour ;it might have occurred. Mr. Baler is a
Roman Catholic, and Mr. Fenmll either a Protestant or
a (hake% The office of returning offii.,er was looked
upon more as a situation of trust anti responsibitty
than from the pecuniary emoluments attael:el to it.
I never heard that Butler sought the appointment of
Master of the House of Industry. The salary of
Butler was 201. per annum. Wall (the nephew of
Butler) and his wife were anxious for the appointment
of master and matron of the workhouse. I solemnly
believe that Butler discharged his duty faithfully. which
was a vary difficult matter under t::e circumstances.
I have repeatedly stated that I thought Mr. Butler unfit
for the office of valuator. I thought it was better to
have professional valuator:. I heard at the office that
there were complaints against Mr. Butler, and in May
last the Commissioners called upon me to st t,.; what
I knew of his character. I made a report to them
accordingly. The lett,:r from the Mayor I understood
was directed to me more as a private individual than
as a Commissioner. I did not communicate it to the
Commissioners. There were many communications
made to me respecting other unions, which I considered
as of a strictly private nature, but if there was any-
thing in them of great importance I was accustomed to
communicate it to the Commissioners. I considered
in this case that the same information would come to
the Commissioners in a more regular way. Mr. Nicholls
desired me to state what I knew respecting Mr. Butler,
but I was never applied to respecting any specific
complaint that was made against him. I knew
there had been numerous complaints male against Mr.
Butler. I have heard of the trial of Davis for per-
jury. I have heard that he male an affidavit that he
had never seen a paper, which it was proved he had
signed, and that he was accordingly sentenced to three
months' imprisonment. Ido not know whether it was
sworn at the trial that Butler was the chief means of
making Davis commit that perjury. I did net make
many inquiries from Davis respecting it, from knowing
the character of some of the parties engaged in that
transaction. I knew men named Shanathon, Flinn,
and Creah. They were witnesses on the trial. No
communication was made to me that Mr. Nicholl's con-
fidence in Butler was greatly shaken after the trial of
Davis. I was in Dublin in the month of May, 1840.
1 must have had some communication with Mr. Stanley
respecting the returns to this House. I never expressed
any wish to him to have left out of the returns what I
had said respecting Butler in my Report of May,
1840. I did not recommend that he should be con-
tinued in office as returning officer in 1841, nor yet that
he should not—neither the one nor the other.
By the Marquis of NORMANBI—I attache('
little importance to the appeintintiv of Mr. Lktler. I
was much engkeed at the time vriAl my novel duties. I
may hale been appoin'.e'l Assistant Commissioner on
the ground that I might be found useful in the medical
depart ncnt, but I do not know tat such was the case.
I am the author of a work on medical charities.
The witness then withdrew, but was desired to hold
himself ready for further examination.
Mr. Pedilell was then callel on, and ermined by
Lord GLENGALL.—Hc resided in Cionme I since)
the year 1803. Knew the returning officer, Mr. John
Butler. It was wall known in the town that Butler
had failed in business and cempounded with his cre-
dit e•s, and that he never paid the composition. It
was a matter of public notoriety in Clontnel. Mr.
Bagwell was a gentleman of large property, owning
the largest part of the town of ammel. 'feat gentle.
man was reported to be of Liberal principles, but he
had made complaints against Butler's conduct as re-
' turning officer. In the case of Berke against Butler,
the conduct of the defendant was the common talk of
the town. Witness could not suppose it possible that
any medical man of considerable practice in the town
could be ignorant of the assertions against Butler to
which that trial gave rise. Witness was told that the
Government reprimanded Butler for his conduct to
the case in which the Magistrates condemned him
for assaulting the police. The general opinion of But-
ler in Clonmel was, that he was a most decided political
partisan, and witness heard it expressed amongst per-
sons of all partiez, Catholic w-id Prote,tant, that, on ac-
count of his extreme partisanship, he was a most unfit
man to he selected for the duties of a returning officer.
Mr. George Fennellwas not known
.as a political par-
tisan. He had no vote, and was not m the habit of at-
tending political meetings.
To the Marquis of N ORM ANDY:-.Wtness had a
correspondence with the Poor-law. Commissioners on
this subject. Could not say that it was a very warm
.) Had been in the House during the
i()%nicin.Tin(aAtionlauogfhte other wit iesses. Had also read the
reports of the evidence in the uea:spapers and in the
printed papers before their Lorthhips.
To Lord
REDESLA—
a LEHadnotmade
h`i‘rd in
Cloutnel, that gessrs. Hawley and Hancock 11
made inquiries respecting the character of But-
ler.'ad They had staled that they m
in-
quiries, and he must believe them ; but he thinks such
respectable. lo-
wa s,
strange that they did not inquire ofaT
proprietor, Mr.
in-
habitants Ten, tLs ofwh toh e
hadto 1;13. n:cenr
tofetilvjauli'i;r.ionreldipaci Butler. Mr.
ili•tueoni, who recommeneed
e was a most respected and proprietor of stage.eoaches in the tser,„wafs Ireland,
praiseworotuhylinhdivirdeuaanll.di,rgaensdt