The Sun.
London, England, 1851-04-15 00:00:00

arming atm

LONDON, TUESDAY, APRIL 15, 1851.

In the House of Lords, last night,
The Church Building Act Amendment Bill was read a
second time.

The presentation of a petition from some Irish railway
company, by Lord MONTEAGLE, praying that the coun-
ties through which the railway passed might be autho-
rised to advance money from the county-rates for the
completion of the works, gave rise to a conversation on
the subject of advances to Irish wilways, in which Lord
REDESDALE, Earl GRANVILLE, Lord BEAUMONT, Earl
GREY, and Lord STANLEY took part.
Lord STANLEY, in presenting a petition from British
Guiana, made several observations on the subject of
colonial policy, which were replied to by Earl GREY.
Thsir Lordships then adjourned to the Ist of May.
In the House of Commons,

The St. Alban's Election Committee reported that Mr.
JACOB BELL was duly elected, but recommended that a
Commission should be appointed to inquire into the
corrupt practices alleged to prevail in the borough. A
motiun was made by Mr. AGLIONBT for the d'scharge
ot EDwARDB. but after some discussion the debate was
adjourned to this day. The motion for adjournment was
carried by 168 to 87.
The CHANCELLOR of the EXCHEQUER fixed the second
reading ot the Income-tax Bill for the first Thursday
after Easter.

The House then went into Committee on the Assessed
Taxes Act, and after some little discussion the resolutions
of the CHANCELLOR of the EXCHEQUER fur the abolition of
the window-tax and the imposition of the house-tax were
agreed to.

-The House then resumed, and again went into Com-
mittee on the Coffee and Timber Duties Act.
Mr. T. BARING, Mr. PRIMP, and Mr. STANLEY op-
posed the repeal of the diffirential duties on coffee.
The CHANCELLOR of the EXCHEQUER said the only
effect of tha oifferential duty was to exclude the moat
valuable kind of coffee from the market.

Mr. LAB:ATCHERE supported the repeal of the diffe-
rential duty.
Mr. WsKLEY called the attention of the Government
to the adulteration of coffee with chicory and other sub-
stances, and contended that chicory was unwholesome,
and that its use was pernicious to health. He urged the
Government to withdraw the minute of 1840.

Several other Members urged the withdrawal of the
minute as an act of justice to the fair trader.
The CHANCELLOR of the EXCHECTER refused to with-
draw the minute.

The resolutionsyere agreed to, and the House resumed,

On the motion for going into Committee of Supply,
Sir DE LACY Everts drew the attention of the House
to tho conduct of dr. BARRY, who bad persisted in
gilding and ornamenting the interior of the new House
of Commons in opposition to the declared wish of the
House.

Mr. GREENE said that Mr. BARRY had stated that he
was not aware that the House had declared any such
wish.

The CHANCELLOR of the EXCHEVER had been much
surprised at the conduct of Mr. BARRY, and had ordered
the discontinuance of any fresh decorations.
Mr. BANSLS c,,mplained that by having paint,,cl glass
in the windows, the House had been rendered so dark
hat even in midday it would be necessary to have arti-
ficial light to read.
Sir D. NORREYS defended Mr. BARRY.

Colonel RAWDON read a letter from Mr. BARRY de-
nying that he eau knowing)) disob,yed the wishes of the
Home, and declaring that all the decorations he had in-
troduced were absolutely necessary.
Various oiher Members addressed the House, several
of whom complained of the enormous sums which Mr.
BARRY bad expended beyond his original estimate, and
of the delay which had taken place in the completion of
the building ; eventually the subjt et dropped. The
House then went into Committee of Supply, and voted
the army estimates for non-effective services.
The Expenses of Prosecutions Bill was read a third
time and passed.
The Stamp Duties Assimilation Bill and the Exche-
quer-bills Bill passed through Committee.
The Sale of Arsenic Regulation Bill was read a second
time.

The o►her business having been gone through, the
House adjourned at One o'clock.

The fearful scene this morning enacted ill front of
Horsemonger-lane Gaol would appear a fitting ter-
mination of the Frimley tragedy. A pious and
amiable clergy man, respected and beloved by all who
had the happiness of his acquaintance, was first laud.
denly cut off in the prime of manhood ; his bereaved
family were deprived of an exemplary husband and
father, the poor of the neighbourhood of a hind and libe-
ral benefactor, and his more wealthy parishioners of a
discreet friend and pastor, who faithfully discharged
the important duties confided to his hands.
He was followed to the grave by many
mourners, whose sorrows were increased by the na-
ture of the catastrophe that occasioned his lamented
death. Oa the very night of the outrage he was in
the enjoyment of every
.earthly blessing ; when
retiring to rest he was surrounded by a faithful,
affectionate, and devoted wife, and several well-dis-
posed and promising children. There was no draw-
back to his felicity, and he might reasonably have
looked forward to a long continuance in the sphere
of his utility and tranquil and happy existence. But
the ways of PROVIDENCE are inscrutable : in
the dead of night his peaceful dwelling was
invaded by a gang of armed ruffians. The
experienced burglars soon removed the defences.
Having forced admission, without any alarm being
excited, and coolly regaled themselves with such pro-
visions as were within reach, three of the party pro-
ceeded to the apartment of the head of the family,
who was unconscious of the formidable danger with
which he was threatened. They did not, however,
obtain an easy booty. Mr. HOLLEST was too well
aware of his duty to his country to surrender his
property to the robbers without a struggle. In this
he Was well seconded by his courageous partner. It,
however, led to fatal consequences : one of the villains,
exasperated at the firm and unexpected resistance
offered, and in order perhaps to ensure his escape
from the pursuit that would probably be commenced,
fired at his victim with too sure an aim, and Mr.
floLLesr received his death wound. Such was the
first act of the horrible drama.
g
It is unnecessary to state the extraordinary excite-
ment occasioned throughoutanlesftthe, whent
anThedlbter.ea
breadth
of the land by this deplorable transaction.
greatest activity was manifested,
the life of Mr. HoLLEsT could not be pre-
served, every exertion was made to avenge
his death. The country was scoured in all
directions. The real perpetrators of the san.,
guinary outrage fell under almost immediate
suspicion, and HIRAM SMITH, LEVI HARWOOD, and
JAMES JONES were arrested, and ultimately com-
mitted to steed their trial for the offence. A fourth
person, SAMUEL HARWOOD, was also indicted, but, as
the jury did not consider the evidence against him
sufficient to warrant a conviction, and as he is now
detained under another charge, we oball wake no

further allusion to him in the matter. HIRAM
SMITH, after some time, made a full confession, and
applied to be admitted as an approver against
his associates. The Royal mercy had been
offered to any person except the one who
fired the fatal shot, and he sought the benefit
of that proposal, declaring that it was LEVI HAR-
WOOD who had discharged his pistol at Mr. HoLLEsT.
For some time it was doubtful whether his evi-
dence would be received and laid before the jury, or
whether he would be arraigned along with his com-
panions, and we believe it was not until after the
men were placed in the dock, and called upon to
plead to the indictment, that it was distinctly known
that HIRAM SMITH would appear as an approver, and
not as a criminal on trial for the offence.
Many persons regretted the determination ar-
rived at by the Counsel for the prosecu-
tion, which would enable the most guilty
of the party, if there were any gradations in the
crime, and the man against whom the independent
and trustworthy evidence was clearest, to escape, not
only with impunity, but reward. And this feeling
was necessarily greatly increased when Mrs. Hor.
LEST declared her earnest belief that it was by his
hand her husband perished, an opinion which was par-
ticipated by the jury, who, in returning a verdict of
" guilty" against JONES and LEVI HARWOOD, and
an acquittal of SAMUEL HARWOOD, respecting whom
the testimony of the accomplice was not sufficiently
corroborated, found that it was SMITH who fired at and
shot Mr. HOLLEST. The convicts were then sentenced
to suffer the extreme penalty of the law. The
Learned LORD CHIEF JUSTICE, while he held out no
hope to the prisoners, did not caution them as em-
phatically against indulging in any vain expectations
of mercy as is usually the case when it is determined
that the law should take its course ; and thus termi-
nated the second stage of the proceedings.
While the condemned prisoners were awaiting
the execution of their sentences strenuous exer-
tions were made to obtain a commutation
of punishment. Not oniy were those who
conscientiously object to capital punishments in any
case whatsoever actively engaged on behalf of the
condemned, but they were joined by many who
thought that the absence of any deliberate and pre-
meditated purpose to commit the murder, should be
taken into account. The jury who tried the prisoners,
while they faithfully discharged the painful
functions of their office, unanimously signed a re-
commendation to mercy, on the clear and intelligible
ground that they believed that the approver was the
man actually guilty of the offence, while the
others were only responsible as aiding and
abetting him, under that principle of law
which declares, that if several persons are associated
together for the purpose of committing an unlawful
action, and that they have resolved to resist any in-
terference, each and every one of them will be re-
sponsible for any act that may be committed in pur-
suance of that reckless determination. The HOME
SECRETARY, on whom devolved the duty of finally
deciding on the fate of the prisoners, was, however,
firm. After mature consideration, he was of opi-
nion that the law should be permitted to take
its course, and this day the convicts, two young
men, in the full possession of health- and
strength, surrendered their lives, which had been
justly forfeited to the offended laws of their country,
as expiations for the atrocious crime of which they
had been most properly convicted.
We do not see, on calm reflection, bow Sir GEORGE
GREY could have arrived at any other conclusion
than that which led to the execution of the culprits.
Even allowing that the offence was committed with-
out premeditation, that is to say, that it had not pre-
viously been determined to murder the unfortunate
gentleman whom they were endeavouring to plunder,
it is manifest that they were prepared for any
alternative, and willing to resort, if occasion arose,
to the deadly weapons with which they armed
themselves, and which they had carefully ;primed and
loaded before entering the premises. They were well
aware of not merely the possible, but the too probable,
results of their proceedings. They were not con-
tented with bludgeons, which might have severely,
injured without destroying their victims. They de-
liberately resorted to fire-arms, and could not feel
surprised at the fatal issue. Besides, burglary
is an offence of the moat serious character,
ranking next to wilful and deliberate murder.
It is one which, if attended with any description
of violence, still subjects the offenders to the extreme
penalty of the law. An Englishman's house
is invested with peculiar sanctity ; it is said to be
his castle, and he may proceed to almost any extre-
mity in its defence. The crime of burglary, too,
had become so common that it became a serious
question whether it would not be necessary to make
an example, even in a case of much less atrocity than
that under notice. All disinterested and impartial
men will, therefore, say that Sir GEORGE GREY exer-
cised a wise discretion in following the course which
he no doubt reluctantly adopted, and resisting the
earnest solicitations that were proffered to him.
One point only remains to be determined. What
is to be done withiltailat SMITH ? He was, no doubt,
the party who led his companions into the outrage,
who went to reconnoitre the premises in the first in-
stance, and sketched out the plan of the proceedings.
In his case the old adage was verified, which declares
that " the greatest scoundrel generally becomes
the approver." The other evidence was clear against
him. He could not have escaped conviction under
any circumstances. His testimony, too, was ,of no
practical utility. It was totally discredited by the
jury, who set it aside as utterly unworthy of belie

Joys and Lain Heuwoon would have been convicted
without it, and it had no effect against SAMUEL
HARWOOD, who was acquitted in direct opposition
thereto. All must, therefore, regret the escape of the
chief offender, and the failure of justice, so far as
he was concerned. But what is to be
done ? Although the bargain might have been
improvidently entered into, yet must the national
faith be preserved towards even the deepest criminal.

The whole question depends on this : was his part of
the contract faithfully performed—was he a witness
of truth and, above all, was he the person who fired the
fatal shot, or not? That is the point on which the matter
turns. On one side we have the belief of Mrs. HoL-

LEST and the unanimous decision of the jury. On
the other side, the tale of the approver is confirmed
by the separate confession of his associates, given when
they were about to meet their fate. Those wretched
culprits had no reason why they then should en-
deavour to screen the actual offender ; on the con-
trary, they were almost to the last moment influenced
by feelings of animosity against him. There will,
then, we trust, be a full investigation into the case, and

if the dying confessions of JONES and LEVI HAI-
WOOD be credited, and if it is considered that Mrs.

HOLLEST and the jury were mistaken, Ihßem SMITH

must be exonerated from any further responsibility ;
but if, on the other hand, it appears that
he was the actual murderer, and that his
guilty associates aggravated their offence by going
out of the world with a deliberate falsehood on their
lips, then let him be placed on his trial at the next
assizes, and if a second jury find that he committed
the offence, let him suffer the condign punishment he
has so richly merited.

" I WISH THOU WERT NOT GOING."

'Tie what I have said to the summer,
When the last sweet buds were blowing,
And the bee was a wearied hummer—
" I wish thou wert not going."

'Tis what I have said to the tide,
When it ebbed in its musical flowing,
Leaving pebble and weed by my side—
" I wish thou wart not going."
'Tis what I have said to the sun,
When the shadows of night were growing,
And the sands of Mirth had run—
" I wish thou wert not going."

'Tis what I have said to my vision,
When the scythe of Truth was mowing
The poppies of Fancy's Eli sion—
" I wish thou wert not going.!'
'Tis what I have said to the bird,
When its gush of song was flowing
In strains to be soon unheard—
" I wish thou wert not going."

And when thou haat turned away,
And thy form is dimly showing,
I know that my spirit will say—
" I wish thou wart not going."

AQUATICS.__The London Model Yacht Club in-
tend having their first match 911 AlohclAY, the 21st jug', "
the Sorpelatihe, Hide-park.

'TILE SHARE MARKETS

BRITISH Zan:WAYS.

Ealways.

Aberdeen.. .. • • • •
Ambergate, Nottingham,
Boston, & E. Juncion ,
Belfast and County Down I
Birming., Worverhamp.,l
and Stoar Valley
Birkenh., Lan., & Chesh
June., late 331. 6s. Bd..
Do. Chest. Sc Birkenkd.,
501. & 951. Consolidated

Do., d0.,201. • .
Bristol and Exeter.. .•
Caledonian •• •• ••
Chester and Holyhead ..
Direct Lond. and Portam.
Dublin and Belfast Junct.
Dublin and Kingstown..
Dundalk and Enniskillen
East Anglian (251. L. &
E. and L. & D.) ..
Do. (181. E. & H.) ..
Eastern Counties ..
Eastern Union, claim A,
late E. U. shame ..
Do. do. do. ..

Do. do., B & C shares'
East Lancashire ..

Do. New quarters
Edinburgh and Glasgow
Edin., Perth, and Dundee
Do. Newport ..
Exeter and Exmouth ~
Glasgow and South-West,
De. do. G. D. & C stock
Great Northern • .
Do. halves, A, deferred
Do. halves, B, 6 per ct.
Great Southern and
Western, Ireland ..
Great Western ..
Do. Now, 171. .. • .
Lancaster and Carlisle ..

Do. thirds . • .. ..
Lancaster and Preston ..
Lancashire and Yorkshire
Do. quarter shares ..

Do. fifths .. • ••
Do. West Riding Union
Leeds and Think ••
Liverpool, Crosby, and
Southport
__.. .. • •
. ..

London and Blackwall ..

Do., Tilbury Ext. Scrip
London, Brighton, and
South Coast .. ..
London and N.-Western
Do. do. new quarters .
Do. fifths .. .. • .
Do. 101. sh., M.& B (c)
London and S.-Western .

Do. new 501. .. ..
Do. new 401. .. ..
Londonderry & Coleraine

Do. halt shares .. ..
Londonderry and Einio-

Manchester, Buxton, and
Matlock ..
Manchester, Sheffield, $
Lincolnshire
Do. Manchester and
Lincoln Union
Midland ..
Do. consolidated pref.

Do. 501. shares .:

Do. Birming & Derby
Midland Gt. West. (Ire.)
Newcastle and Carlisle .•

De. quarter shares ..
Newmarket .. .. ..

Newport, Abergavenny,

. ,
and lleretbrd
Newry and Enniskillen
Jewry, Warrenpoint, Ez,

. .
Restrevor
Norfolk ..
Do. New 201. shares..
Northern Counties Union
North British..
North Staffordshire ..
North-Western ..
North & Sth .-West. June.
Oxford, Worcester and
Wolverhampton.. ..
Scottish Central

deettish Midland .. ..
Do. new .. .. ..
Blvewsb!uy & Binning,

Clasi A.:

Do. Class 8.. .. ..
Shrews. & Hereford., Old
Do., do., New ••
Shrewsbury and Cheater
(Nor. W. Kin.) .. ..
Do. Halves .. • • • •

Do. Oswestry .. .

Do. New.. :. .. • •
Shropshire Union • •
Do., A, B, C, & D, Italy
paid up at per cent ..
South Deven • • ..
South-Eastern
South Wales.. ..
south Yerk.sh. ancl.Rlver

Dun • • . • • • •
Shen., Roth., and Goole,

Sou'th Division ..
Stockton and Hartlepool
awansea & LoKnhor, &c.
raw Vale Extension ..
Thames Haven Deck and
Railway .. • •
Vale of Neath .. •
Waterford and Kilkenny
Waterford and Limerick,
Waterford,.Wex., Wick.

Nominal Prices.

and Dublin
West Cornwall ..
West London ..
Whitenaven and Farness
York, Newcastle, & Ber-

wick .
Ditto and Newcastle
Extension .
Ditto G.N.E. purchase.

or preference .. ..
York and North Midland