The Sun.
London, England, 1848-02-02 00:00:00

THE SUN, LONDON,

NIEETING OF PA RI lAMENT

WEATHER.—Surt 011FICE, FEB. 2.
ruEnxostETErt, Lowest, 29 ; highest, 34 ; Noon, 40.
BAROMETER, 30 26.—WIND W.S.W.; fine.

it I, Al WATER AT LONDON-BRIDGE Tins DAY.
Mornloc.. 0 minutes after 0. J Evening .. 13 andnutes ..str 12.

though copies of the informations had been taken out
ten days previously, and a brief had been regularly
prepared, it had never been sent to him. The objec-
tion, however, was overruled, and the trial proceeded
after a delay of a few minutes, to enable Mr.
ROLLaSTON to read the depositions. The Chief
Justice severely censured Mr. HUGHES for his aban-
donment of the prisoners in the time of their peril; but
that gentleman still most positively refused to act un-
less assigned by the Crown, or paid for his services ;
and all his professional brethren having followed his
example, the Learned Counsel was obliged to con-
duct the defence on that brief notice, and without
any assistance whatsoever. The result was, that the
wretched men were convicted, and are now lying
under sentence of death.

We do not desire to impeach the correctness of this
verdict ; most probably the result would have been
the same under any circumstances. But can it be said
that the convicts had a fair trial? The ability of Mr.
ROLLESTON is too well known to render it doubtful
that everything which legal skill and ingenuity could
effect under the circumstances was exerted in their
behalf ; but he was certainly placed under very great
disadvantages in being obliged to enter on such a case
at a moment's notice.
In the trial of the murderers of Mr. Bzu.cuast-
BERS a serious risk was incurred of a failure of jus-
tice, in consequence of the want of proper instructions,
and a sufficient time for preparation being allowed to
the counsel for the prosecution. That was, however,
the consequence of neglect, and nothing else. There
was nothing to prevent the employment of such
counsel had the parties desired it; or had they even
informed the authorities of their intention not to do
so, there is no doubt but the want would have been
immediately supplied. But in the present instance
the case was muck worse. Two persons who might
have been, and by law were presumed to be, innocent,
were placed in a situation of the greatest danger.
Their lives were at stake, and depended on the issue.
We may presume that they had not the means of on-
taining professional assistance, or else it is impossible
to suppose that they would have remained until
the last moment without having done so. The
risk here was that innocent persons might have been
unjustly condemned, and, according to the well known
principle of the law, such a contingency was more
to be avoided than the escape of many guilty men.
Neither was it owing to any lathes on their part; they
had no power to help themselves, and for that reason
also the occurrence was the more to be regretted.
It is hard to understand on what grounds the
practice has been adopted to which the Chief Justice
alluded. Surely, if any assistance is to be afforded
to the parties on their trial, that assistance should be
of the most efficient description. A counsel is for-
bidden to accept a brief in an ordinary case except
through an attorney. It must be supposed that such
services are essential, or the rule would not be esta-
blished. Why then should it be dispensed with
in a case involving the life of the party
concerned, and where the expenses are to be provided
for from the public purse? Is the life or death of a
human being a matter of less consequence than a
question of pounds, shillings, and pence ? or is the
Crown to condact its business in a more niggardly
manner than would be tolerated in a private indi-
vidual ? No expense is spared for the prosecution.
The Attorney-General, the Solicitor-General, the
Crown prosecutors for the circuit, the Crown
solicitors, are all arrayed against the prisoner, but an
attorney cannot be provided for his assistance. Such
an expense would be inconsistent with the teononty
that should be observed.

Mr. Hucuss may be blamed by the public, as he
was censured by the Learned Judge, for withhold-
ing his services at such an hour. We cannot,
however, be surprised that the profession generally
should revolt against a system which sets their
humanity in direct opposition to their interests. It
is not astonishing that persons who have had to
incur serious expenses in acquiring their professional
skill, and who are heavily taxed before they are per-
mitted to exercise that skill—every practitioner being
obliged to pay a heavy stamp duty on his certificate,
which must be renewed every year—should object to
give their services gratuitously, when they see
members of the other branch of the legal profession
paid by the Crown for their exertions in the very
same case. Surely a similar rule should be observed
towards both parties. It is no more to be expected
that an attorney should work for nothing than that a
barrister should do so. If one is feed to defend a pri-
soner the other should not be deprived of that fair
remuneration for his services to which he is justly
entitled.

What rule, then, it may be asked, would we desire
to see adopted ? Simply this, that in every serious
case where a prisoner made application to be al-
lowed professional assistance, supported by an affi-
davit to the effect that he was unable to pay the
expense thereof from his own private resources, if
the authorities should be satisfied of the truth of
his statement, a barrister and attorney should be as-
signed for his defence, and that a reasonable sum
should be paid by the Crown for that purpose. The
amount that would be required would not be con-
siderable ; but, even if it were so, we are satisfied
that no Englishman would object to such an item
in the national expenditure, and the outlay would
be fully compensated if it preserved a single British
subject, even of the humblest rank, from the conse-
quences of an unmerited conviction. It would also
give additional confidence in the fair and impartial
administration of the law. At present the presiding
Judge is supposed to act as counsel for an undefended
prisoner. He should never be placed in such a situa-
don, or his position in any respect altered. His duty
is to hold the scales of justice with an even hand, and
it is impossible :to do so unless both sides are fairly
represented before him.

We have received intelligence from Palermo to the
21st, and from Naples to the 24th. ult.
On the night of the 18th the garrison of Castilla-
mare commenced bombarding Palermo. No notice,
no signal was given to the inoffensive part of the
population of the danger which threatened
time was allowed to the different Consuls to enable
the residents •f their different nations to retire to
places of safety. The next day the commandant of
the English steamer the Bulldog endeavoured to ob-
tain a suspension of the bombardment from the
K use's lieutenant, but in vain. On the 15th, whilst
shttlls were still showering on the city, M. Boessom,
the Consul of France, thought right to make an ap-
paid to his colleagues, for the sake of the French and
othr foreign residents. In company with the Con-
suls of Sardinia, Switzerland, the United States,
Pru ssia, and Russia, he went to the palace of the
Dulce DB MAJO, to beg of him to cause the bombard-
met t to cease. The Consul of England, deprived of
the use of his legs, and the Consul of Austria, who
res; sled at too great a distance to be informed in time,
rati 'fed the proceeding of the Consular Body, though
una E,le to take part in it. It was not without danger.
Nee r the palace the deputation was received by firing
frorn ,the troops, but fortunately no one was hurt. On
being .introduced to the Duke, the Consuls charged
M. Baxssorr, the French Consul, to be spokesman.
After a. long discussion, the Duke DS MAJO gave
a promise in writing that a suspension of arms
should t tke place for four-and-twenty hours.
The Conk iuls next proceeded to the palace
of the Senate, which is established in
the centre of the city, and in which the
committees were permanently established. In doing
so they ha Li to traverse numerous barricades.
The proposition is which they presented, in order to
arrive at a suspension of hostilities, had not all the
result which vet s hoped for. Profiting by the short
respite which ha d been obtained from the authorities,
the French Cons ul, as we have before stated, freighted
a three-masted A
merican vessel which was not en-
gaged in the port, and after extraordinary difficulties
embarked, on the rkith, all the French who had been
enabled to reach t port. Several foreigners also
received hospitality an board the vessel. The follow-
ing days the situat ion did not essentially change;
but it will be easily empeived that every hour the
forces and confidence the insurgents increased,
whilst the royal tk enops, confined in narrow
Places, saw their l'ok )d and their resources
diminish. The intell .nce from the interior
of the island raised Ors ' hopes of the people
by the manouncement of an important rising
in all the parts of the co, 'entry
Palermo. :Tlacards appeared at every instant, and
kept alive the popular agitAtt, which surround
I
ion. The threat of a

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