The Sun.
London, England, 1841-01-05 00:00:00

KIELLEY V. CARSON AND OTHERS.

Mr. PEMBERTON appeared for the plaintiff and said
it was an appeal from a decision of the Supreme Court
of Newfoundland under these circumstances. On the
6th of August, 1838, the plaintiff met with a Mr. Kent,
who was a Member of the House of Assembly, in the
streets of St. John, they had some disagreement, and the
plaintiff was induced to apply some very harsh and se-
vere language to Mr. Kent. The plaintiff denied that
the language applied at all to the House of Assembly or
its proceedings, but Mr. Kent went on the same day and
made a complaint to that body that Mr. Kidley had
been guilty of contempt of the House. On the motion
of Mr. Kent the House resolved itself into a Committee
of Privileges, and without summoning or hearing any
defence from him, they proceeded to examine witnesses,
and then resolved that he had been guilty of a breach of
their privileges, and he was ordered to be taken into
custody. On the 7th the appellant was brought up to
the Bar of the House, and he was ordered to make an
apology dictated by the House, or to remain in custody
till he did so. He declined to make the required apo-
logy, and he was again guilty of using some hasty words
to Mr. Kent before the Assembly. He was remanded
into custody. He applied for, and having obtained a writ
of Habeas Corpus, he was discharged on the lath. In
the following term he commenced his action for false
imprisonment, assault, and battery. The defendant
pleaded the resolution of the House of Assembly as a
justification, and after hearing the facts argued upon
demurrer, the Court, by a majority of 3 to 1, held the
justification to be good, and in that shape the case now
came before their Lordships. He bad to contend that
the appeal ought to be allowed-Ist, Because the House
of Assembly did not possess by law the power of ar-
resting and imprisoning, as for breach of privilege. 2d,
That supposing the power to exist, it can, at any rate,
only be exercised as against its own members, and not
as against strangers, for alleged contempt committed
out of doors. 3d, That no breach of privilege was in
fact committed, or alleged to have been committed by
the appellant before the first warrant was issued ; on
the contrary, it is presumeable, from the tenor of the
warrant itself, set forth in the pleas, that the appellant's
conduct had no relation to the House, and could not
amount to a breach of privilege ; and the Court below
was not by law precluded from examining into the al-
leged contempt, to ascertain whether it were or were
not a breach of privilege. 4th, That supposing the
power of commitment to exist, the manner of exercis-
ing it in the present instance was illegal, the Assembly
having resolved itself into Committee upon the com-
plaint of the aggrieved party, and having examined
witnesses against the appellant in his absence, and
finally arrested and imprisoned him as a criminal,
without first summoning him to appear, or call-
ing upon him for his defence, which, as the
appellant submits, is contrary to every principle of
justice, and cannot be vindicated on any .pretence of
privilege. sth. That the proceeding was also illegal,
because the warrant did not purport to be found upon
the offence of which complaint was made, and of which
the appellant was declared guilty, but described the
supposed offence in a different manner. 6th. Because
the. appellant was ordered to be imprisoned until he
should make such an apology as the House should dic-
tate ; an order clearly beyond the power of the Assembly
to make, even supposing it to possess the right of com-
mitment ; and, lastly, because, in point of pleading,
several of the pleas are bad, as they purport to justify
without confessing the battery. The Learned Gentle-
man slid there was a very great difference between the
colony of Newfoundland and the other provinces in
America. The fog met was a settled colony—the
others were conquered. It had always been
held as good law, that all settlers took
the common law of England, and the very first principle
' of it was security to the subject ag dust &A butpower ut
'1 the law. The L earned Counsel contended that any
power or authority possessed by the House of Assembly
of Newfoundland moil have existed from its coustitu-
ti,ni in ISA and that the Proclamation by which it was
constituted recognised no such power. The House of
Assembly was incorporated by the Crown for the pur-
poses of local legislation, precisely in the same manner
as-corporations were conferred upon the city of Lon-
don, Liverpool, 'Manchester, and other large towns.
1 The House of Assembly grounded its authority upon
ifs analogy to the House of Commons of that country,
but no one would assert that the House of Commons,
' as such, hail the power of commitment for contempt. ;
' nor could it be supposed that the Crown would dole-
' give so monstrous a power to a merely legislative body.
The power of commitment possessed by the House of
' Commons was enjoyed by it in virtue of its being a
part of Parliament, and in accordance with the law and
custom of Parliament. Tire House of Assembly could
not arrogate to itself the title of a high Court of Par-
liament for any such purpose. He was at a loss to
know, therefore, upon what grouuds the analogy rested.
' The House of Commons was an ancient, immemorial
' Court ; while the House of Assembly WAS a body con-
stituted by the Crown for particular specific purposes.
It never was contemplated, and indeed would be at-
tended with the moot dangerous consequences, to en
trust so large a power to a remote colonial legislative
Assembly.
At four o'clock the Committee rose, and the further
hearing of the case was adjourned till this day.

CENTRAL CRIMINAL COURT.

OLD COURT.

The usual formalities having been gone through, and
the several pannels of Petty Jurors having been sworn,
the Court proceeded to business.
John Baxter Peace, 24, was indicted for stealing a
watch, value 31., the property of James Baird.
Mr. PAYNE defended the prisoner.

It appeared from the evidence that the prosecutor
was a labouring man, and that in the month of No-
vember he was lodging at the Welsh Harp public-
house, Essex-street, of which house the prisoner
was the potman. On the 15th of that month,
the prisoner being the worse for liquor, the landlord, Mr.
Eason, directed the prisoner to see him to hts bed. At
this time the watch was safe, but the next morning
it was missed. Some suspicion was subsequently
created, and the prisoner's box was searched, and
among a number of other duplicates one for the stolen
watch was found, and it appeared that it had been
pledged at the shop of Messrs. Tarrant, the pawn-
brokers of Charlotte-street, Blackfriars-read, for 21.

The Jury found the prisoner Guilty, and he was sen-
tenced to be transported for ten years.
Sarah Roach, 24, was indicted for stealing eleven
pinbefores, thirteen napkins, forty socks, and other
articles, the property of Mr. Robert Snow, the banker.
Mr. PHILLIPS appe tred for the prosecution ; Mr.
CLARKSON defended the prisoner.
Mrs. Georjana Snow, the wife of the prosecutor,
deposed that the prisoner had been in her service at the
private residence of herself and husband, 72, Portland-
place. Having missed some articles, witness asked the
prisoner if she had taken them, and she said she had
not, and that she knew nothing about them. Witness
in particular questioned her about some Irish linen,
and told her she would forgive her if she told her about
it. She was questioned about some other things, and
ultimately her boxes were searched by a policeman,
and several articles were found in them, which witness
identified as her property. Among the things found
were some children's frocks, a pair of silver child's
sugar-tongs, and other articles. The prisoner was pre-
sent when the boxes were searched, and when witness
recognised the property she began to cry, but did not
make any remark.
Cross-examined—The prisoner acted as under nurse
in the family, and had filled that situation for two years.
Tile prisoner came into her service with a very good
character from the Rev. Mr. Towers, of Essex. Some
of the things that were found had been worn, but they
were not old. Did not know that the box in which
some of the things were found belonged to the pri-
soner, but she did not deny it. The prisoner said that
things had been given to her by the head nurse, and she
repeated that statement in her presence. The prisoner
readily consented to have her boxes searched. The
whole of the articles alleged to have been stolen ware
not of any great value.
Re-examined—The prisoner said that the children
had given her some of the things that were found.
Allen Horatio Garland, a police-sergeant, proved that
he searched the prisoner's boxes, and before he di 1 so
he asked the prisoner whether she had any obj ction to
his examining them, and she said she had.not, for there
was nothing in them but what belonged to her. W hen
the articles were found the prisoner cried and begged
for forgiveness. _

Cross-examined—Mrs. Snow was present when this
occurred, and must have heard it.

Susan Beard, a servant in the employ of the pros-cu-
tor, proved that she was present when some of the arti-
cles were found, and she heard the prisoner cry and beg
her mistress to forgive her.

Mr. CLARKSONaddressed the Jury at some length,
and remarked upon the absence of the head nurse,
whose evidence he said would have been most material
to the present inquiry.
S2veral highly respectable witnesses were called, who
gave the prisoner an excellent character, and it also ap-
peared that she had lived for several years in the ser-
vice of the Rev. Mr. Tower, of South Weald, &lex,
by whose family sho was held in the highest estimation.
The RECORDER. summed up the evidence, and the
Jury returned a verdict of Not guilty.
The Learned JUDGE told the prisoner that the Jury
had taken a most merciful view of her case, and he
hoped it would prove a warning to her for the rest of
her life.

Susan Nunn, 25, was indicted for stealing three
handkerchiefs, value 15s. 6c1., the property of Messrs.
White and Greentyell, her employers.
Mr. Phillips conducted the prosecution, and Mr.
Clarkson &fended the prisoner.
The prisoner was engaged as shopwornan to the pro-
sceWors ; she was seen by another servant to take
the handkerchiefs from a hax and put them in her

pocket, who gave information ; the prisoner was charged
with the robbery, and the articles taken from her person.
She was found•guilty, and sentenced to six months'
imprisonment and hard labour in the House of Cor-
rection.

The recognizanees of the Earl of Card.gan and
Captain Douglas were again respited until the next
session.

POLICE INTELLIGENCE.

MANSION-HO USE.

A little girl named Margaret Davis, who was stated
to be no more than 14 years of age, was brought before
the Lord Mayor, charged by a policeman with having
attempted to drown herself.
_ . _

The policeman stated that the girl jumped from the
pier at Queenhithe into the river, on Sunday morning,
and that she must have perished if it had not been for
some bargemen who saw her floating, and picked her up.
She said, upon being questioned, that she did not wish
to go back to her master and mistress.
A person named Jones said that the girl, who, he was
given to understand, was older than had been stated to
him, was put apprentice to him by the parish on which
her mother and she had been dependent, that she was
exceedingly lazy and sleepy, and that in fact her mistress
was obliged to look over her regularly on her work, and
even then it was not done properly. In consequence of
the impropriety of her conduct, for she committed every
impropriety with the exception of sauciness, he boxed
her ears.

The LORD MAYOR—You ought not to have beaten
her.

Jones said that she had been sent out for some meat,
and that she brought home less change than she ought
to have brought, and told falsehoods about it. She
had also thought proper to lie upon a bag in the kitchen
with a few shavings in it, rather than go to her com-
fortable bed. Indeed he could not manage her at all,
and he was desirous to have her indentures cancelled.
The LORD MAYOR said that the conduct which the
man had described appeared to him to proceed rather
from imbecility than vice. His Lordship feared that
she was not likely to be benefited by remaining at her
master's house, and asked her whether she wished to say
any thing ?—The girl said No.
The officer stated that the girl told him she would be
thankful not to be sent back to her master's house.

The LORD MAYOR—I do not think it is the place
for her. The little girl appears to be weak in her
mind, And her master does not seem to be qualified to
treat that sart of infirmity with skill.
Jones said that the girl was treated with aniform
kindness, but she was always disposed to go to sleep
instead of work.

The LORD MAYOR ordered that the girl should be
taken back to the Compter for a few days, and be
visited by the Chaplain of that prison.
An Irish girl, named Eliza Macready, was imme-
diately afterwards brought up, charged with having at-
tempted to drown herself, by throwing herself from a
boat into the river.

The policeman who had the girl in custody, stated
that a waterman brought her to him, and said that she
had just escaped drowning, She had engaged him to
row her towards a steamer, which was going off, and
when they got close to the vessel, she asked a man on
board some qaestion, to which the man replitd " No."
At that instant she threw herself into the river from
the boat. It was with difficulty her life was saved
and then she expressed regret that she had not been
allowed to go to the bottom.
The unfortunate creature, who appeared to he about
eighteen years of age, stated, upon being questioned in
a soothing manner by the LORD MAYOR, that she had
come to Londo❑ with a recruiting sergeant from Cork,
and that she wished to return to her friends, not having
a friend in this country or the means of support. The
sergeant, however, abandoned her, and refused to take
her back to Cork, to which place he was at that moment
on his voyage. She could not bear the thought of being
left desolate in London, and in despair had made up
her mind, if he refused her last request, to destroy
herself.

The policeman said there was no doubt as to the
destitute condition of the poor girl. He had found
ceveral duplicates in her pocket.
The LORD MAYOR asked her whether she was not
anxious to go home to her friends.

She replied that she wished for nothing else.
ilk LORDSHIP then sent her, in the custody of a
policeman, to Mr. Thwaitf.,s, the relieving officer of the
City of London Union, with a particular request that
she should be sent to Cnrk as soon as possible.