The Sun.
London, England, 1848-05-25 00:00:00

CIRENCESTER ELECTION•

CIRENCESTER, WEDNESDAYI;;;;TNG, MAY 24:
The polling for this borough commenced this morning
at eight o'clock, but it was a remarkable fact that at
that period none of Mr. Ponsonby's voters wore at the
hustings, thus allowing his opponent to commence by
leading the poll, which lead was kept throughout the
day. The circumstance of a contested election here is
a rare one, there having been nothing like a contest
since 1812. The number of registered electors is,
478 ; of which, of course, some were double votes
and deaths, &c., reduce that number to 458, while 392
actual votes have been polled, so that it may be said
that the constituency has been nearly polled out. Thu
state of the poll at the close wa5......

Ponsonby
Majority

262
130
-132

YORK CITY ELECTION.
(FROM OUR CORRESPONDENT.)
On Wednesday morning, at ten o'clock, the Sheriff
proceeded to the hustings, and there declared officially
that William Edward Mordaunt Milner, Esq., was elected
the representative of the city of York.
The numbers were—
Mr. Milner ............... 1,505
Mr. Vincent ............860
Mr. Wilkins ..... . ...... 57
Mr. MILNER briefly returned thanks to the electors,
assuring them he would use his utmost endeavours to
serve their best interests in Parliament.
Mr. Vincent and Mr. Sergeant Wilkins also addressed
the electors, and subsequently Mr. George Leeman in a
speech which was loudly cheered.
The several candidates then walked from tho hust-
ings. Much excitement prevailed amongst the Chartists,
and special constables were called out during the after,
noon and evening to preserve the public peace.

DOMESTIC
TTRAALNEs r. AOTPE D BY MARY
Swedish novelist are all
IriIOFIEv., BROTHERST
TB.I TFhReAE
worksDN
RD i
KSAI SBoTfRE
ERO
iul3l,rE
itA,
land's pictures. Like all original minds she has in-
delightful—pure, natural, and life-like, as one of mor_
vented a new school of novels, which has obtained the
adhesion of many excellent writers. " The Neigh-
bours " and " The Home" by this lady have enchanted
every one by the truth and beauty of the domestic life
' they paint; and "Brothers and Sisters" will also share
in the popularity those have acquired, as it
possesses
the like qualities, and at the same time embraces that
social element which is so characteristic of the present
The Bishop of
time. Those who love that most beautiful of all sight',
a united family, will read with delight this work. '
L iteretry Chronicle.
made to
THE LINNEAN SOCIETY.—Yesterday, at one o'clock,
the members of the Linnean Society held their aonfnua
&Sc'eh., from the
tmoereeteineigvientitlleterceopuorrict Soho-square,
Norwich, the President, in the chair. Mr. T. S. Ben-
nett, the secretary, read the report, from which it ap-
peared tmheopfatshteys.eoacrie.ty'r,
paelearceodllethetaitona
ocofutshuleesteety,adbdyititohne
phraedsetlon
Royal Acadamy of Science at Munich, and from other
va-
rious learned and philosophical documents,
associations on the Continent of Europe and of England.
The receipts amounted to 7981. 19s. 4d., including 167/
16i. Bd., last year's balance, 1081. admission fees, and
383/. contributions. The balance this year in favour of
the society was only 981. 11s., while the debt had
in-
creased from. 350 L B.i. 4d. to 956/. Ss. 4t3. The officers
of the society were elected, when thAnks were voted to
the Right Rev. prelate, and the meeting separated.

IRELAND.
HEAD POLICE-OFFICE—DUBLIN, MAY 23.
At the sitting of the magistrates this morning, the
case of Mr. Devin Reilly (who was arrested yesterday
afternoon, at Newgate, whilst visiting Mr. Mitchel),
charged with violating the provisions of the Actn.f.the
drilling,
&c.,,, George 111., which prohibits " training,
&e.," was gone into.
The first witness called was Inspector Walpole, who
deposed to the general facts of the case.
The second witness (Constable Perry) was examined
by Mr. Porter, the magistrate, and stated that he heard
Mr. Reilly make use
of the words with which he was
charged in the informations. He further stated that he
heard the chairman of the meeting declare that " he was
the open enemy of the British power in this country—
that he was prepared for the flash of the sabre, Lut not
for the dagger of the assassin."
The constable was cross-examined at some length by
Mr. Reilly, who defended himself, as to the construction
of those words.
Cross-examination continued—l saw you at the head
of the club: it was necessary, of course, that the club
should march down the street leading to the meeting,
but they turned as orderly as any body of the metropo-
litan police, and perhaps more so; whatever the purpose
of the club was in going to the meeting, it was improved
by this military order; I could not undertake to say
whether you were present when the chairman's speech
was delivered.
Mr. PORTER-4 have evidence to prove that you were
seen
termination. into the meeting, and coming away after its
Mr. DEinf REILLY--I wish to ask your Worship what
course you intend to pursue? How can Mr. Dillon's
speech affect me?
Mr. POUTER-4 do not say that Mr. Dillon's speech
is the principal ingredient in this case; but so far as I
understand the transactions of the meeting in question,
it would be evidence either for you or against you.
Mr. REILLY-If it made no alteration in the crime
with which I am charged, I would make no objection to
what Mr. Dillon said; but if it did, that would alter the
case.

r
yourPORTER—I think it has some connexion with
case.
Mr. RErtax, to witness—Did you see any other clubs
but mine?
Constable—No; I was attached to yours alone.—
(Laugh ter. )
Mr. PORTER—Oh, you were an attache, then.—(Loud
laughter.)
Inspector Little was then examined, for the purpose
of proving that the words alleged to be used by Mr.
Reilly were military phrases. Witness stated that he
had been twenty years in the army, and was, conse-
quently, competent to give an opinion on the matter;
but, at the same time, he did not consider her Majesty's
troops had an exclusive right to all the words in the
English language. The phrases, " right shoulders--
forward," and " left wheel," were military terms at pre-
sent in use in the British army. '
The witness was cross-examined at considerable length
by Mr. Reilly, but the interrogation was purely of a
technical character.
Mr. REILLY—If you saw a number of men marching
to a funeral, as is common with Tontine Societies, &c.,
and if you saw them marching two and two, would you
consider it a military movement?
Witness—l would not.

Mr. REILLY—Do you consider the fact of attending a
meeting held for the purpose of denouncing jury-
packing to be a military movement?
Witness—lt would depend on the course of proceed-
ing adopted.

A discussion subsequently took place between Mr.
Reilly and Mr. Porter, as to the construction of the Act,
in which Mr. Dillon (barrister) took a part. His Wor-
ship having read the preamble and several sections of the
statute, and commented upon them, concluded by saying
that he conceived there had been a prima facia case
made out against the prisoner, and that, consequently,
he was obliged to send the case for investigation else-
where.

Mr. REILLY—I have bail here, your Worship.
Mr. PORTER—With regard to that, I believe the
practice to be this, that when the Court to which these
informations will be returned is actually sitting, to refer
the whole matter to it at once. I will return you at
once to the Clerk of the Crown, and send you for trial
at the present commission.
Mr. REILLY—You refuse bail?
Mr. DILLox—I believe the case cannot be tried at this
commission.
Mr. PORTER—There is nothing at all to hinder it. It
can be tried, if Mr. Reilly choose.
Mr. REILLY—Oh, I will not choose.—(Laughter,)
Mr. PORTER—You have the power to traverse in prox.
Mr. Diu.okz—Do you not think bail ought to be taken?
Mr. PORTER—That is a question for the Court.
Mr. REILLY—Where am Ito go to—is it to Newgate?
Mr. PORTER—Yes.
A committal was then made out, and Mr. Reilly was
conveyed to prison.

ME. MITCHEL'S CASE.
This day, at half-past ten o'clock, at the sitting of the
Commission Court, the Clerk of the Crown called upon
the keeper of Newgate Prison to put forward the person
of John Mitchel, upon which Mr. Mitchel advanced to
the front of the dock, where he remained standing for a
few minutes, and then took the seat provided for him.
Sir COLMAN O'LoGHLEN rose and said, he moved
that the indictment should be quashed, upon the
grounds he had stated yesterday, which were,
that two distinct felonies could not be charged
in the same indictment, and he submitted that
upon a rule of law it was quite clear the prose-
cutor was not at liberty to charge two separate and dis-
tinct felonies in the same indictment. He did not allege
that there was anything illegal in charging two felonies
in the same indictment, because it might not be an ob-
jection in the case of an arrest of judgment or a writ of
error. It was not usual to quash an indictment in cases
of high treason, except when error had arisen, or upon
motion before the Court. The Learned Baronet at some
length contented that the prosecutor should be put upon
his election, and cited several cases in support of his
argument.
_ _ _

Mr. O'HAGAN followed on the same side, and cited a
case in which Chief Justice Maule had decided a case
similar to the present in favour of the accused, and con-
cluded by contending that Mr. Mitchel was entitled to
forty challenges on the array, twenty challenges on each
of the felonies charged.
Baron LZFROY, in giving judgment, said he did not
think it necessary to call upon the Attorney-General to
reply. There did not exist any inconsistency or repug-
nancy in the two felonies charged in the indictment. The
two felonies charged only varied the offence but did
not vitiate the indictment. The Learned Baron re-
ferred to cases in support of his judgment, and to the
long experience had in the administration of the White-
boy Acts, under which a variety of the same offences
might be charged in the same indictment—such as
assembling together in arms by day or night—malicious
assault on habitation—going into a house, and although
not committing an assault, to carry away property with-
out the consent of the owner—by administering unlawful
oaths—and by various other offences for which the
Whiteboy Acts provide, might be all included in
the
same indictment, by which a variety of the
same offences,
and not separate and distinct offences, might be charged.
On those grounds, the Learned Baron refused to quash
the indictment.
Judge MOORE fully concurred in the decision pro-
nounced by his Learned Brother, Lef
Sir COLMAN O'LOGEILEN then applied. for liberty to
demur to the indictment, and lead over to the felony.
The grounds on which he appliPed for t
le demurrer were,
that in the indictment the time and p ace at which the
alleged offences had been committed were not sufficiently
stated and set forth. He was perfectly aware that the
day was not material in every case ; but still the day
should be stated in every indictment on which the alleged
offence had been committed.e merely submitted that
the demurrer should be receiver pro forma, and the
prisoner would plead over to the felony.
The ATTORNEY-GENERAL said
that,ily if Sir Colman
O'Loghlen would persist in the demurrer, he would ask
the Court for formal judgment in the event of the de-
murrer not being well founded ;e
or if it were the
Learned Baronet's intention to try
th general issue, the
Crown was ready to thatjorininet,
issuefit once.
argument, After a desultoryin which Mr. Henn and
the Attorney-General, on the part of the Crown, and
Sir Colman O'Loghlen, on the part of the prisoner,
took part,
The COURT decided that if the demurrer were to be
argued, judgment of either guilty or not guilty should
follow.
Sir C. O'LOGHLEN asked leave for till to-morrow
morning to plead or to demur.
The ATTORNEY-GENERAL opposed the application for
further delay.
Baron Lantsm suggested that if the prisoner would
now plead, and be at liberty to withdraw that plea and
demur on the general grounds, he thought there would
be no objection at either side.
Counsel at both sides having assented to the sugges-
tion of the Learned Baron,
The Clerk of the Crown called upon Mr. Mitchel,
saying, " You have heard the indictment read yester-
day ; what say you—guilty or not guilty ?"
Mr. Mitchel—Not guilty.
The COURT then decided that the prisoner should have
until four o'clock this day to withdraw his plea of not
guilty, or proceed with the demurrer.
Four o'clock—ln accordance with the arrangement
entered into this morning,
Sir COLMAN O'LOGHLEN stated that, on the:part of
the prisoner, he would, with the permission of the
Court, request that the plea of not guilty should stand,
and that he and his Learned Friends Messrs. Holmes,
O'Hagan, and Pigott would be ready to conduct the
defence of his client on whatever day the Court would
appoint for his trial.
The ATTORNEY-GENERAL said considerable interrup-
tion might be given to the proceedings by challenges to
the array, and the arguments that might arise on that
question, and as term would sit on Friday, it would be
desirable to have that case disposed of as soon as possi-
ble. It was not his intention to deny a reasonable time
to counsel for the prisoner to prepare his defence, and
he thought, under all the circumstances, the Court
would not consider him precipitate in applying for a
trial to-morrow.
It was ultimately decided by the Court that the trial
should take place on Thursday morning next, at ten
o'clock.

SURPLUS FUNDS FROM INSOLVENT ESTATES.—It
is the intention of Government to authorise the payment
of 21,300/. out of the surplus funds in the hands of
the Commissioners of the Insolvent Debtors' Court,
arising from insolvent estates, in the purchase of the
freehold house, No. 34, Lincol's Inn-fields (the resi-
dence of the late Mr. Baron Gurney), for the in-
creased duties of the court, in consequence of the re-
cent Act of Parliament, including the cost of fitting
,up and furnishing the same as courts and offices.