The Sun.
London, England, 1860-02-02 00:00:00

THE NEWMARKET
ICAP.

ing being Set 71b, it has been
sere in proportion.

Age st lb
Simple Simon .... 3 6 0
Jason .. 3 5 IS
Man at Arius .... 3 5 13
Actress
Colleen Bawn filly 3 5 12
Athos 3 5 I'2
Confectioner
Glenluce colt 3 5 11
Polly Taft 4 6 10
Gibraltar
Lord Milton
Chance Shot 3 5 7
Narcissus
Wallace 3 5 7
Concertina colt 3 6 6
Elcot's dam fly 3 6 5
Optimist
Tirailleur
Treacherous colt 3 5 5
Her Highness 3 5 5
The Monk (h..b).. 3 5 5
Brown Bess illy 3 5 4
Be Quick
Bee'. .wax filly 3 5 1
Philomel
It

THE LIVERPOOL
-CHASE.

Telegram
Nicholas
Maria Agnes
Miss Harkaway
The Brewer ..
Lottery ..
Roscommon • . • .
The Curate ..
Westminster
Macßennie .. •..
Gala Horse ..
Shylock
Sepoy • . • • . •
Congreve
Venison
Diamant
Linkboy
Bing William ..
Atblet • • .. • .

FEARFUL COLLISION BETWEEN Two STEAM-
VESSELS ON TIER RlVER.—Yesterday morning, between the
hours of 11 and 12 o'clock, a serious collision took place in
the river, off Greenwich, between the iron screw stearnves-
el Gertrude and the General Steam Navigation Company's
paddle steamer Holland, bound to London from Ostend,
with passengers and general cargo. It appears that the
Gertrude was proceeding down the river, under full steam,
and when nearly abreast of the Dreadnought floating hos-
pital, she dashed her stem into the starboard bow of the
Holland, which, being a timber-built vessel, was cut down
to the water's edge. As both ve-sselsvieyinder full steam,
the force of the collision was terrific ; 1 e stem of the Ger-
trude wont completely into the forecastle of the Holland,
and one of the crew, named Wormly, was severely injured,
and convoyed to the Dreadnought Hospital. As might be
expected, the utmost alarm prevailed amongst the passen-
gers, and, considering the nature of the accident, it is an
extraordinary fact that no lives were lost. As a result of
the collision, the two vessels became entangled, the liol.
land dragging the anchors of the Gertrude, and both vessels
thus proceeded to the opposite shore of the Isle of Dogs. A
large number of craft were quickly in attendance, and the
whole of the cargo was removed from the Holland, the pas.
stingers, several of whom were ladies, being removed to the
Greenwich-pier, whence they proceeded to London. Mr.
Beardmore, superintendent of the General Steam Naviga-
tion Company's Works at Deptford, with a gang of ship-
wrights, subsequently proceeded to the Isle of Dogs, and
at five o'clock the Holland was conveyed to the Docks to
repair her damages, which are very extensive. The weather
was hazy at the time of the accident; after which, the
Gertrude rendered every assistance to the Holland, or she
must have gone down. After seeing the passengers con-
veyed on shore, the. captain of the Gertrude proceeded on
the voyage to Ireland,

HOUSE OF COMMONS—(YESTERDAY.)
The SPEIXER. took the chair at twelve o'clock.
PRIVATE BUSINESS.
The following bills were read a second time :—Andover
and Redbridge, and Bagenalstown and Wexford Railway;
Banbridge, Lisburn, and Belfast, and Ulster Railway
Campanies ; Belper Water ; Central Wales Railway ;
Hinckley and Leicester Railway; London, Brighton, and
South Coast Railway (Croydon to Balham Hill) ; London,
Brighton, and South Coast Railway (Deviations and New
Lines, &c.) ; Metropolitan Railway ; Norwich and Spald-
ing ailway ; Trnro Pert and Navigation; Ulster Rail-
way ; Upsall, Normanby, and Ormesby Railway ; Wave-
ney Valley Railway.

- PETITIONS.
Petitions were presented from the merchants of Calcutta,
in favour of improved government in India; against the
abolition of church rates ; and from the shipowners of Liver-
pool, praying for the appointment of a committee to inquire
into the burdens affecting the shipping interest.

CORRUPT PRACTICES AT ELECTIONS

Mr. E. JAMES gave notice that, on the motion for the
second reading of this bill, he would move an amendment,
to the effect that a committee be appointed to inquire into
the defects of the bill introduced last evening, as well as
the Petitions Inquiry Act.

APPEAL IN CRIMINAL CASES BILL.
Mr. M'MAHON, in moving the second reading of this
bill, said the measure was entirely free from those provisions
which were considered objectionable in the measure which
he introduced last session; therefore he trusted it would
not encounter any opposition. His bill was intended to
remedy an anomaly in the existinc, state of the law. In
civil actions a suitor in a matter where perhaps only £lO or
£2O formed the subject of the action might have a new trial,a
but in cases where greater stakes, even life itself, were at
issue there was no appeal from the finding of a jury.
The consequence was that a man who was tried for an
offence of the gravest character had no protection whatever
against the caprice of a judge or the ignorance of a jury,
but an appeal to the Herne Secretary. Every one who had
paid attention to the subject and was competent to express
an opinion had decided that that was an anomaly that should
not be suffered to exist any longer. Having cited the autho-
rity of Lord Campbell and the late Lord Denman, he said
it had been proved that one-sixth of the whole cases in
civil actions there was an appeal, and the verdicts were set
aside on the ground of the wrong finding of the jury or the
misdirection of the judge. Chief Baron Pollock was exa-
mined before the committee on criminal law in 1835, and
expressed his opinion that a motion for a new trial was
as essential in criminal, as well as in civil cases. In France,
when the judge considered that the finding of a jury was at
variance with evidence, he had the power to order a new
trial before a new jury, and in America the right of ap-
peal also existed. The commission which inquired into
this subject had also considered that the right
of appeal was one that should be exercised, and he
was: acquainted with a case that had recently occurred at
Hereford, in which a learned judge refused to receive the
verdict of a jury. In former times, the right of appeal
existed in this country, and when they were rendering the
criminal law more humane every day, was Rd* they should
retain a practice that was unjust towards a criminal and
opposed to the opinion of some of the most eminent jurists of
every country. His bill, therefore, merely proposed to as-
similate the law with that of France and America, and to
revive the former usage which prevailed in this country.
Mr. W. EWART seconded the motion but suggested,
with a view to prevent opposition, that the bill should be
referred to a select committee.
Sir G. C. LEWIS said that the bill would not
materially alter the prerogative of the Crown, and if
carried in its present form would not effect any practical
benefit. He contended all authority was against the hon.
and learned gentleman, and referred to the committee of
the House of Lords in 1848 in support of his opinion. Loris
Brougham, Denman, and Lyndhurst were in favour of the
view taken by Baron Parke and Baron Alderson, namely,
that there should be no alteration in the law in this coun-
try with respect to criminal appeal. Several other distin-
guished judges held the same opinion, and he believed that
only two witnesses, including Sir F. Kelly differed &ern their
views. In very few countries was there any trial by jary,
and referring to those States of Europe in which the right
of appeal existed, he said that in Belgium that right was
allowed only in three cases, where a person had been con-
victed twice of the same offence, where perjury was committed,
or when the party who was supposed to have been mur-
dered was found to be alive. (Laughter.) There was
nothing in the case of Dr. Smethurst—there was nothing
whatever that justified an alteration in the present law.
He had paid careful attention to the facts connected
with that person's trial, and his recommendation to her
Majesty to exercise the royal prerogative in his be-
kalf was not founded upon facts, but selely in
consequence of the medical testimony adduced at
that trial. Unfortunately, medical science was in that
state with reference to poisons, that it led to a difference of
opinion with regard to the deductions that were to be made
from the medical testimony at that trial. He believed the
bill would produce several evils of a very serious
character. In the first place, there would be delay
and nneertainty in the administration of the law, and
punishment to be effective must be speedy and certain, and
it would be productive of considerable expense to the coun-
try. In proof of the last evil, he thought hon. members
mast at once perceive its force, because, if they granted a
right of appeal in every case of conviction, they must sup-
ply the party convicted with the means of making an ap-
peal, which must be imposed on the county rates, or on
some branch of revenue in that house. It should also be
borne in mind that the appeal to the Home-office was direct,
rapid, inexpensive, and unincumbered with official forms.
He concluded by moving that the bill be read a second time
that day six months.
Mr. DEN MAN bore his testimony, as a session barrister,
to the general correctness of verdicts of juries in ciiminal
11.6 had considerable experience, and only in one it...-
stance did he feel justified in questioning the justice of a
verdict, which, however, from an observation of the
prisoner afterwards he was satisfied was perfectly correct.
He thought the provision of the bill, by which the expense
of an appeal was to be borne by the prisoner, was fatal to
it, and rendered it, in fact, only a measure for the rich, not
for the poor. On the other hand, if the country
were to defray that expense, it would place the
person convicted in a better position than the
person acquitted, which he maintained was clearly unjust.
However, he was by no means satisfied with the present
state of the law, and would have supported a motion for a
committee to inquire into the subject if the auestion had
been brought before the house in tbat form.
Mr. PHILIPS supported the amendment.
Mr. E. JAMES followed on the same side, and contended
that the machinery of the bill would not effect the object
contemplated. It would also impose on the Court of
Queen's Bench an amount of business that it could not
discharge ; and he complained of the present Court
of Criminal Appeal being entirely ignored by the measure.
He thought perhaps that they might commence with ex-
tending the right of appeal to cases of capital conviction.
The subject should be dealt with in a comprehensive spirit,
and an ill-considered measure would do more injury than
benefit.

Mr. GEORGE supported the amendment.
After some further discussion, in which Mr. Mellor, Mr.
Henley, and the Solicitor-General opposed the bill,
_ Mr. DIGBY SEYMOUR expressed his regret he did
not agree with all the provisions of the bill, but ho thought
the Government should have given some promise that a
measure on the subject would be introduced. (Hear,
hear.) Speaking from his own experience, and
from all he had heard, he had the greatest confidence in
the mode in which the Homo-office exercised its preroga-
tive of mercy.
Mr. LONGFIELD suggested that the bill should be re-
ferred to a select committee, and advocated the formation
of a tribunal to revise verdicts involving forfeiture of pro-
perty or life. He concluded by calling on the hon. member
to withdraw the measure, considering the opposition with
which it had been received.

Mr. M'MAHON replied, and said he would not press
the house to di ride.

The motion for the second reading of the bill was nega-
tived without a division.

QUALIFICATION FOR OFFICES ABOLITION

BILL.
After a short discussion, the debate on the second read-
ing of this bill was adjourned till the 29th inst.
SUPPLY.
The house then went into committee of supply.
Mr. LAING moved that a sum not exceeding £13,230,000
be granted to her Majesty, to pay off and discharge Ex-
chequer Bills charged on the aids of 1860, unprovided fur.
The vote was agreed to, and the house resumed.

ST. MARY RYDAL ARRIAGES VALIDITY)
BILL.
This bill was read a third time and passed.
CALAIS NIGHT MAIL.
Mr. LYGON moved for a copy of the contract recently
entered into for the acceleration of the night mail to Calais.
—Ordered.

The houso adjourned at half past five o'clock.

THIS DA Y'S SHIPPING.

LONDON', Feb. 2.—Windthis day at noon, North;
moderate breeze, and fine clear weather, with sharp frost.
FALMOUTH, Feb. 2 —British Queen (schr), of Scilly,
from Rio Grande to this port, sprung a leak and foundered
Jan. 31, off the Start ; crew landed hero by the Rising Sun
of Sunderland, for Bordeaux.

PonTsmouTir, Feb. I.—Wind, N.—Sailed----Jack Frost,
ror Melbourne.

(Inr ELECTRIC TELEGRAPH.)
S•LITSIAMTTON,Ursday Morning.
Arrived, Feb. I—Lady Constance, from Sunderland ;
Wonder, steamer, from Jersey ; Aurora. steamer, from Dub-
lin ; Florence, from Newport.
Arrived, Feb. 2—Havre, steamer, from Havre.
Sailed, Feb. I—Arago, steamer, for New York ; Aurora,
steamer, for London ; Alliance, steamer, for Havre ; Vestal,
fur Newport; Hero, for Sunderlani.
Find N.N.E.

LIVERPOOL, Thursday Morning.

Arrived, Feb. I—Contest, from St, Michael's ; Petrel,
E'rom Patras.

(BY 8111111ARINE AND BRITIBII TILMORAPII.)
GRAVESEND, Thursday Morning.
Wind,,N.W.; tide, two hours' el ; weather fine.
Arrived, Feb. 1.-Eliza and Mary, and City of Perth,
from Calcutta.

Arrived, Feb. 2.—Gleaner, from St. Michael's ; Vibilia
and Two Friends, from Guernsey ; Albemarle, from Colum-
bia ; John Clemens*, from Manitlzan.
Sailed.—Warrior, steamer, for Mogadore.
DEAL, Thursday Morning.
Wind N.N.W., strong.
Passed, Feb. I—Sultan, from China, for London.
Passed, Feb. 2—Mary Ann Webb, from London, for
Cardiff.
Anchored—Enmore, from Demerara ;aliFfooarntofurdoonni
.Pe-
nang ; City of Benares, from Calcutta

------
FLOATING A WHALE AT VANCJEVER'S.—The
canoes now pull towards shore, the lines become taut, illii
gut:1(10111y the monster feels himself moving slowly but stea-
dily towards the land. His struggles are tremendous, but
fruitless. lie is literally a fish out of water, and hopelessly
in the power of his Lilliputian foes, who laugh at his
a drludelnyrys hate
madepv of
which
strength and utter ridiculous imitations of his attempts to
spout, while the inhabitants, for miles round, crowd to the
scene of triumph, singing and beating large
the hollowed bole of a tree, over the ends of h,;
stretched the skin of a sea lion. As soon as the whale re
beyond low water mark the work is doni,,ohntdi
,
as
oen.nitbYe
to wait till tko tide leaves their prize h
beach, where the heat of the sun soon
puts ansufferings. The favourite blubber is then dug end to his
away in calabashes fur the future, after out and put
as much as he can possibly hold. Hevery one has eaten
ward with more anxiety tothe feasts owever, they look for-
easts
their favourite dish in a state d to come, as they prefer
Week. decidedly "gamey,"—Once a

It is with much pleasure we direct attention to
the report, which appears in our column; of the
annual meeting of this most deserving Institntion.

Mr. John Abel Smith, the much-estiemed trea-
surer, occupied the chair, supported by Mr. T. Han-
key, M.P., one of the trustee*, and their remarks
evinced their warm sympathy with, the body for
whose benefit the fund was originated. We are
glad to see that six more annuitants are to be placed
on the fund during the present year, and we 'trust
that, among the supporters of our numerous bene-
volent associations, many will spare a portion of
their liberality for this excellent fund.

ELECTION INTILLIGEN CE.

SCARBOROUGII.
CLOSE OF THE POLL.
WEDNESDAY, 4. CCLoCK.
. 472
340

Dent
Caulfield
Great excitement, but no outrage.

STATE OF 114 DE.

LEICESTER, Feb. I.—The hosiery trade continua
in a healthy and satisfactory state. There are
plenty of orders in the market, and the operatives
are generally well employed. In the country dis-
tricts also the same satisfactory state of things
exists. Wools are firm, and superior qualities are
realising high rates. Yarns are firm, and spinners
continue well engaged.