The Sun.
London, England, 1848-03-20 00:00:00

dergo heavy and ruinous expenses in order
that his defence may be properly con-
ducted. Although the prosecution may be wholly
owing to the vindictive and malicious feelings of some
private individual, it is nominally carried on at the
suit of the Crown, and no costs can be given against
the Crown. The expenses of a prosecution may,
and generally are, provided for out of the county
rates ; but, although the prisoner may leave the court
without the slightest stain on his character, and may
have established the groundlessness of the charge to
the perfect satisfaction of the entire Court, no re-
muneration whatsoever can be given to him for his
heavy outlay. Many, too, will hear of the charge
who may not be informed of the triumphant
acquittal of the accused, and thus his repu-
tation will be blemished to a certain extent
amongst those who are not intimately acquainted
with him. We find, then, the victim suffering in purse,
in person, and character, and perhaps his whole
prospects in life blighted, because some worshipful
magistrate has taken a flippant and careless view of
his case, and committed the accused for trial, although
every circumstance rendered it a matter of certainty
that the proceedings would-terminate in an acquittal.
There is nothing of greater importance to the com-
munity in general than that magistrates should ex-
ercise the enormous powers conferred upon them with
judgment and discretion. They are, in fact, intended
not merely for bringing guilty parties to justice, but
also to prevent their fellow-subjects from being an-
noyed by unfounded accusations. As a grand jury
should not return a true bill against a party unless
there is such evidence against him as to justify a petty
jury in returning an adverse verdict, a mar.,is-
trate should not send a person to trial unless there is
a fair and reasonable prospect of a conviction.
He is to examine fully into all the cir-
cumstances of the case, he should maturely
consider the several facts, and if he feels
the slightest doubt he should dismiss the
party from the bar ; but if, on the contrary,
the testimony is sufficiently strong to warrant a com-
mittal, he should cautiously abstain from expressing
any opinion of the prisoner's guilt which could by
possibility prejudice the accused on his trial.
Magiitrates, however, too frequently forget them-
selves, and evince strange indiscretion in these
respects. We repeatedly hear of their telling the
prisoner that no jury could entertain a doubt upon
the case ! that a conviction is certain, &c., and also
find persons exposed to all the inconvenienoe we have
before alluded to, on the most trivial and insufficient
grounds.
The case of Colonel HARVEY, which was tried at
the Middlesex Sessions last week, was one of singular
hardship, and in which the magistrate might most
properly have exercised his discretion. That gentle-
man, who had ever maintained an unblemished repu-
tation, and who was looked upon by all who had the
pleasure of his acquaintance as a gentleman of the
highest honour and integrity, was charged with
having stolen a Bible and Prayer-book from a chapel
in Kentish-town. It appeared that some time previ-
ously he had lost a dearly loved wife in childbirth ;
that on the morning of the day in question he had
received intelligence of the serious illness of his eldest
daughter, and that in order to soothe his excited
feelings he had gone into the chapel to see
the several monuments contained therein. He came
at length to one which appeared singularly applicable
to his own case. It had been erected by a person
who had suffered a similar bereavement to the me-
mory of his partner, and referred to a text of Scrip-
ture which he became anxious to examine more
closely. It being nearly dark at the time, he took a
Bible from one of the pews near to the window in
order to do so, and wrote down the verse on a slip of
paper, which he put in his pocket. He then placed
the book upon a bench close to where he was standing
being so much affected at the time, as to omit return-
ing it to the exact place from which he
had taken it, and left the church, hav-
ing previously given a small silver coin
to the verger, by whom he had been accompanied.
After he had left the church, the verger missed the
book and pursued him, when he immediately returned.
The book was subsequently found lying on the floor,
close to the bench on which he had placed it, from
which it had probably been thrown by the skirt of
the verger's coat, when hurrying in pursuit. It was
not at any time seen in his possession ; the only fact
was, that he had taken the book in the presence of
the officer, and had omitted to return it to the exact
spot. He received the highest character from
several gentlemen who had known him for many
years, who explained the circumstances of the
loss of his wife, and the deep affliction he
had suffered ; his explanation was corroborated
by the paper on which he had copied the
verse of Scripture ; but notwithstanding all this
he was sent to trial, and bail to a very large amount
insisted upon. On the trial the evidence on his
behalf was stopped by the Court ; the jury, without
hesitation, returned a verdict of not guilty. The
presiding Judge declared that he left the court
without the slightest stain or blemish on his charac-
ter, a statement in which the attending justices, the
jury, and the crowded auditory fully concurred.
What now can compensate this injured gentleman
for what he has suffered while detained away from
his family and friends with so degrading a charge
impending over him? All which would have been
avoided if the magistrate had used a little more cau-
tion, and evinced some greater regard for that which
it is his especial duty to respect—the liberty of the
subject.

Intelligence up to the 13th has been received from
Lisbon.

A modification of the Ministry, which would give
to RODERIGO DA FONSECA MAGALHAES and to
Avii.A. seats in the Cabinet, was considered not im-
probable.
The Duc D'AUMALE and the Prince and Princess
DE JOIN viLLE (the latter the sister of the Queen of
PORTUGAL) had arrived in Lisbon from Algiers.
They only remained in Lisbon two days, and left for
England on the same day the packet sailed.

Madrid papers to the 12th have arrived.
It was said that the Duchess of MONTPENSIER was
expected to arrive at Bilboa.
The Carlists under the command of the nephews
of TRISTANY have appeared in force in Catalonia

The Duke D'ATJMALE and the Prince DE JOINTILLE:
after visiting Malaga, had proceeded to Gibraltar.

ELECTION COMMITTEES.
(THIS DAY.)
AYLESBURY.

The Aylesbury Election Committee re-assembled this
morning, Mr. R. Palmer in the chair.
llumphery Bull, general agent to Lord Chandos, and
occasionally for the Duke of Buckingham, proved that
the instructions he gave for treating the voters who were
tenants of the Duke, were to fulfil a promise ho long
before made to them. The tenants had once or twice
complained to him of their having to go all the way to
Stow to pay their rents, and in order to quiet them he
promised that they should have a wine feast. That wino
feast he gave them at one of the Aylesbury inns. He
had no directions whatever from Mr. Deering or any of
his agents as to this treating.

DERBY.
The Derby Election Committee reassembled this
morning,llr. Childers in the chair.
At the sitting of the Committee,
The CHAIRMAN intimated, after hearing counsel, that
it was the wish of the Committee that the petitioners
should confine themselves to five specific cases of bribery,
but if, during the enquiry, the parties found themselves
in a situation to prove other instances of bribery, the
Committee reserved to themselves the power of going
into them.
Samuel llolmes, a freeman of Derby was then called
to prove that at the last election nearly the whole of the
freemen of the borough were placed upon a fictitious
committee, and paid so much a day for their imagi-
nary services. The consideration for placing names
upon the Committee was that the parties should
vote for Mr. Strutt.

Mrs. Bray's new novel, " Trials of Domestic Life,"
in 3 vols., is published this day by Mr. Colburn, and may
now be had at all the libraries. The following popular
novels are also just published :-2. Angels, by the author
of "Emilia Wyndham," 3 vols.-3. Adventures of a
Medical Student, by the late R. Douglas, surgeon, R.N.,
3 vols.— 4. Leonora, a Love Story, 3 vols.-5. James
the Second, an Historical Romance, edited by W. 11.
Ainsworth, Esq., 3 vols.-6. Town and Country; or the
Days of the Regency, by Mrs. Trollopo, 3, vols.-7. The
Hall and the Hamlet, by William Ilowitt, 2 vols. Also
just ready, Mrs. Armytage, or Female Domination, by
Mrs. Gore, forming the new volume of " Colburn's
Standard Novels," price 53. bound, with portrait.
BRISTOL SUGAR• MARKET, MARCH 17.—The mar-
ket has been very dull this week; and in the absence :,f
supplies, the transactions have been unimportant. The
refined market is quiet.—Bristol Mercury.