The Sun.
London, England, 1860-11-08 00:00:00

INDEPENDENCE OF THE FRENCH

BAR.

The recorder of passing events has no more me-
lancholy task to perform than to take notice from
time to time of the advancing stages of decline and
decrepitude. Society is not all progress. If we
see in some places a notable improvement, that im-
provement is counteracted in others by as notable
a retrogression; as the sea presses on the land in
one part of the coast of Lincolnshire and retires
from it in another, so we may see nations and in-
stitutions wane and decay in the midst of what we
justly consider substantial improvement. But per-
haps of all melancholy spectacles there is none sadder
than to contemplate the gradual destruction of free
institutions as they perish one by one under the
withering influence of despotism. It is like
watching the struggles of a bird in an air pump,
unassailed by any visible or tangible force, but
perishing from the very worst of all privations
—the withholding of the breath of life. When
despotism is once established, the institutions
which it inherits from a state of freedom are like
flowers that have been gathered—they do not
perish immediately, they retain their colour and
form a while, but the nutriment on which they live
has been cut off, and the change has begun which
will surely annihilate them. Sometimes they have
a harder fate, and, instead of perishing with the
liberty which was their parent, are distorted to the
uses of the servitude which is their mortal enemy.
Thus the Caesars found the power of the Tribune
and the Censor their readiest pretext, and the Senate
of Rome, once the bulwark of freedom, their most
obsequious instrument. France has given herself
over to a master, and it is vain to deny that in doing
so she has increased her influence over Europe.
Her councils are more enterprising and aggressive,
her armies are better organized and commanded,
and her name is more constantly in the mouths of
men. Let France make the most of these advantages,
for she has bought them dearly. The voice of her
Legislature, in the debates of which Europe used to
look for and find instruction, is silent. Her press
is reduced to a state that often makes those who
have any regard for the dignity of their calling in-
clined to wish that it was silent also. Her litera-
ture is in a gradual state of decadence, and the
barrenness which was the curse of the First Empire
is descending on the Second. In the admirable
letter of M. Berryer which appeared in our columns
two days ago, our readers will see another symptom
of this benumbing and paralyzing influence. In the
history of French civilization her courts of justice
have ever played a distinguished part. Among
her judges have sat men whose names every
Frenchman must recall with pride and admiration ;
and her advocates, from the days of Le Maistre and
Patru to the present time, have held a place sin-
gularly honourable and distinguished.
It has been M. Berryer's fate to witness, in the
course of a life not yet extended to the ordinary age
of man, a vast number of politicil changes. He has
been on the side least favourable to what has been
called the popular cause, and if he now breaks
silence it can be from no overstrained love for a

licentious use of the right of speech. But M.
Berryer, though a Legitimist, is not an Absolutist,
and in the evening of his life he is preparing
to bequeath to his profession the sacred legacy of
his counsel and his protest. He states that "au
attempt is made to introduce new principles, to have
them predominate in criminal or correctional pro.
cedure, in order to regulate the conditions of the
contest, and in some sort even the forms of lan-
guage, between the accusers and defenders. The
extreme deference and the attitude of subordina-

tion whiCh it is pretended to impose on Advocates
with respect to their adversaries, and the as•
cendancy of authority attributed to these, would
gravely affect the rights of defence, the inde-
pendence and dignity of the Bar, the indispen-
sable guarantees of an honest administration of
justice. To enslave speech is to violate the
liberty of thought, to stifle just complaints,
the cry of conscience, the life of memories. Advo-
cates, said the First Napoleon, arc factious. They
are the artisans of crimes and of treasons. I wish
we could cut out the tongue of an advocate who
used it against the Government." M. Berryer gives
this picture of the state of France " at a moment
when Parliament is mute or its voice only caught
in imperfect echoes. When the censorship of the
press, ill-disguised, is practised by means of warn-
ings, official or unofficial ; when journals are edited
under the constant dread of suspension or suppres-
sion without trial ; when the exercise of the right
of petition is put under protection of the Senate ;
when Ministerial responsibility no longer exists,

and criticism on the acts of Government is exposed
to the risk of being travestied into an outrage or an
attack on the Chief of the State, from whom all
emanates and to whom all goes ; when the favours
of advancement corrupt the principle of the irre-
movable character of the magistracy ; when, in the
impatience for the success of prosecutions, the
moderation or the indulgence of judges is accused
of enervating the power of repression and accom-
plishing moral destruction ;—when all this exists,
then it is that the independence of the Bar is for
every citizen a rampart against the rage and usur-
pations of authority."
We have transcribed this noble protest, not only
as a tribute to its intrinsic merits as a composition
which we rate very high, but as the last unavailing
utterance on behalf of the last institution in France
which has preserved even the semblance of former
liberty. We learn thus, on authority which we can-
not for a moment question, that the independence
of the French advocates is sapped and undermined;
that they are called upon to exercise their duty in
defence with a degree of deference towards the pro-
secuting counsel which seriously interferes with
their efficiency; and they are exposed to be over-
ruled and oppressed by officers of the Government
removable at pleasure, determined to succeed in their
prosecutions at whatever cost. No one can read
this sad picture, drawn by the hand of so great a
master, without agreeing with M. Berryer that in
such a state of society the only rampart behind
which a private citizen can defend his life or his pro-
perty is an independent bar; but every one must
also feel what M. Berryer does not so clearly perceive
—that under conditions so unfavourable the exist-
ence of an independent bar is sure to become impos-
sible.
Men committed to a profession like that of
advocacy have often discharged their duty in evil
times with courage and constancy, but few men
bring their children up to the profession of a martyr;
and, when it once comes to be understood that the
only condition under which an advocate can prac-
tise his profession with safety is the delivering
over his clients bound hand and foot to the
mercy of an incensed Government, the profession
of an advocate will cease to be resorted to by men
of honour and independence. M. Berryer has,
no doubt, proved his case when he asserts that in
the present state of France an advocate is the only
refuge left to the victims of power; but he has also
proved that the profession of advocates cannot hope
alone to stand erect in the midst of a community
perpetually on its knees, and that the overpower-
ing will of the central authority will crush this
slight obstacle to its irresistible march with the
same ruthless ease with which it has already crushed
every other. Burke might dream of institutions
which kept alive in the midst of servitude itself a
spirit of the most exalted freedom, but the sober
good sense of history repudiates such anomalies,
and teaches us that, if freedom cannot extinguish
despotism, despotism will inevitably extinguish the
last lingering vestige of freedom.—Times.

THE ROAD CHILD MURDER.

ROAD, Nov. 7.
Mr. T.:B. Saunders resumed his inquiry at Road
this morning, at the Temperance-hall in this village.
The proceedings were adjourned from yesterday till
half-past 11 this day, but it was more than an hour
after that time before Mr. Saunders arrived. The
public interest had manifestly decreased, as at the
commencement of the proceedings there were
scarcely two dozen persons (exclusive of the re-
porters) present, and the majority of them were
women.
Mr. Saunders having apologized for not having
reached Road:by the time appointed, and stated that
he was detained by important communications, in-
quired if the man Quance was present.
Mr. Wilkins, of Tellisford-mill, near Road, the
employer of Quance, to whom reference was made
in the course of yesterday's proceedings, and who
was supposed to have made some statement as to
having seen Mr. Kent at 5 o'clock on the morning
of the 30th of June, stated that Quance declined to
attend unless he was properly summoned.
Mr. Saunders stated that he was not sitting as a
magistrate at present, and therefore should not issue
any summons for Quance's attendance. At the
same time he regretted that that person had not
thought proper to come forward voluntarily.
Inspector Pitney stated that Captain Meredith
was engaged at Salisbury, and was not able to be
present, and that Mr. Superintendent Foley was
specially occupied at Trowbridge sessions.
It was stated by one of the reporters that Mr.
Superintendent Wolfe had gone to Bath that morn-
ing, with several of the jurymen, who were about
to make affidavits in support of the intended appli-
cation to the Court of Queen's Bench for a writ of
melius inquirendum.
Mr. Saunders explained that, with reference to
the young lady mentioned on Saturday as having
been seen by himself and Inspector Pitney going in
the direction of Road-hill-house, he was now satis-
fied that she was not the same person that had been
subsequently observed at one of the windows of Mr.
Kent's house, and he was exceedingly sorry if the
',observations which had been made had given that
young lady any pain. He (Mr. Saunders) had re-
ceived several letters on the subject of the present
inquiry, and among others one from a gentleman
who resided at Frome, containing information which
he deemed to be of vital importance. The writer,
however, was not in a state of health to make his
statement publicly, and he (Mr. Saunders) there-
fore, proposed going to Frome to have an interview
with him. Under these circumstances he asked the
reporters what would suit their convenience.
Mr. E. Austin took the liberty of suggesting that,
as an application was about to be made to th© Court
of Queen's Bench for a writ of ad melius inquiren-
dam to re-open the inquest, with powers, of course,
to examine anybody and everybody whom it might
be thought could give any information on the sub-
ject of the murder upon oath, it would further the
ends of public justice if the present inquiry were
adjourned to await the result of that application ;
and in the event of the application not being acceded
to by the Court of Queen's Bench, then Mr. Saun-
ders could resume the inquiry he had hitherto been
conducting.
Mr. Saunders was extremely obliged for the
suggestion. Something of the sort had passed
through his mind, and he had fully considered it ;
but until he saw the newspapers that morning he
was not aware of what had taken place yesterday
at Trowbridge, or that there was any intention of
such proceedings. He had, however, the best means
of knowing that no application had yet been made
to the Lord Chief Justice of England for a writ of
melius inquirendum. Such an application could have
been made on the 2d, the first day of term, and
this was the 7th. There were certain other things
which he knew, but which he felt it would not be
prudent orproper to mention, but not having re-
ceived any special communication on the subject
from London, he was of opinion that it would not
be conducive to the ends of public justice if he
were to cease in going on in the course he had de-
fined for himself. It must be quite clear to every
one that the proceedings which had taken place
in that hall since Saturday morning last must have
been brought to the knowledge of those who had
the power, perhaps, to put a stop to the course he
was taking; but, not having received any such
intimation, he thought it best for the interests of
public justice that he should proceed. If a tele-
graphic message should come for him he should,
no doubt, receive it there without delay, and
should be prepared to act on that message, what-
ever it might be. While therefore he was extremely
obliged for the suggestion which had been made,
he begged leave to follow out his own course, be-
cause he saw it stated in some of the papers that it
was not likely this application would be made to
the Court of Queen's Bench under 10 days, and
that the affidavits upon which it was to be supported
were to be submitted for the concurrence of the
Attorney-General. If he should not acquiesce then
he (Mr. Saunders) apprehended that the application
could not be made except upon the personal respon-
sibility of some private persons, and they would
then be answerable for the consequences both in
person and purse. Now, his object was to avoid
what he considered unnecessary cost to the public
or to private persons. He did not, however, see how
any ad melius inquirendum writ could in the slight-
est degree improve the position of affairs as left by
the constituted authorities. "Wilful murder against
some person or persons unknown" was the highest
verdict which could have been brought in, except a
verdict of wilful murder against some particular
individual or individuals. On this, however, he
would give no positive opinion. He understood the
suggestion which had been made to be in the alter-
native, and that in the event of the application to
the Court of Queen's Bench not being granted, he
should resume his inquiry ; but as it seemed likely
that the application would not be made and dis-
posed of for ten days, and as in ten days a great
deal might be done to defeat the ends of public jus-
tice, he thought it best to proceed, though he would
say that an immediate decision on the point of re-
opening the inquest might alter his opinion. In
reply to inquiries from Mr. Saunders,
Mrs. Edward Truman came forward and stated
that she believed Mr. West and Morgan, the parish
constable, with some others who were on the jury,
were gone to Bath to attend at Mr. Slack's office,
for the purpose of swearing affidavits in reference
to the manner in which the inquest was conducted.
Mr. Saunders then inquired if any person
wisaaed to come forward and state anything
with reference to the events at Road-hill-house
on the 29th and 30th at June last, but no
one volunteered. Having asked one or two persons
whether they wished to Butte anything, and
having declined, the inquiry
was adjournedtilleatche
following day.

ANOT4ER MURDER 1N DURHAM.

--4-

NEWCASTLE ON-TYNE, Nov. 6.
A considerable amount of excitement has been
caused in this town and neighbourhood to day by
the intelligence that another murder had been per-
petrated in the county of Durham. This morning,
about five o'clock, the body of John Baty, a slater,
belonging to Blaydon, was found on the road be-
tween that village and Winlaton. Baty had been
at Winlaton yesterday at a shooting match, and had
regaled himself in a public house in the village
afterwards. He left the public-house before mid-
night to return home, and he appears to have been
intercepted by some villains and murdered shortly
after he left Winlaton, as there is a mark upon his
forehead as if he had been struck with a heavy
blunt instrument. A quantity of blood lay near
where the body was found. The body of the de-
ceased was removed to the New Inn, Winlaton, and
is in charge of the county constabulary. Baty was
formerly a master slater at Wickham, but he has
recently been employed as a journeyman.
WEDNESDAY.
The following more detailed particulars of the
murder of John Baty between Winlaton and Blay-
don yesterday morning came to hand. Baty on
Monday evening went to Blaydon Burn to see some
pigeon shooting that was to take place there, and
when he left home he was dressed in a nearly
new suit of clothes, consisting of a checked coat
and waistcoat and cord trousers. He had some
money in his possession, from £2 to £3 it is sup-
posed, and he was seen with some silver in his
hand during the time the shooting was going on.
Between 8 and 9 o'clock in the evening he went
into the Crown and Cannon Inn, Winlaton, kept by
Mrs. Sane. Parker, and remained there along with
a number of other people until a quarter-past
12 o'clock, when the house was closed. The
unfortunate man at that time was rather tipsy,
and the parties who left the house with him being
the last who were seen in his company, will no
doubt be examined at the coroner's inquest, which
it is expected will take place to-day. His leaving
the Crown and Cannon was the last account of his
being seen alive. At a quarter to 3 o'clock on
Tuesday morning, Mr. George Oakley Nixon, a
respectable manufacturer, of Winlaton, was return-
ing home from Newcastle when he found the body
of the deceased lying 'where we have described,
apparently dead, and with no clothes upon him but
a red shirt and necktie, a body flannel shirt, and
drawers, and stockings. Mr. Nixon immediately
went and brought the Winlaton policeman and Mr.
Callandar, surgeon. Upon examination it was found
that Baty was quite dead, and had been so for some
time. There were no marks of violence about him
except a jagged wound about an inch and a half
long, and of a triangular shape, over the left half of
the frontal bone, and extending right down to the
bone, having the appearance of a hole on the left
side of the forehead. The skull did not appear to
be fractured. The hair was matted with blood, but
there were few abrasions about the head or face,
except the wound mentioned, which was about the
size of a halfpenny, and from its appearance seemed
to have been made by some narrow blunt instru-
ment, such as a stonebreaker's hammer. A cart was
procured from the residence of Mr. Alderman Lay-
cock, and the body of the deceased conveyed to the
Commercial Inn, Winlaton, where it now awaits
the coroner's inquest. The clothes of the deceased
have not yet been found, although Mr. Superinten-
dent squires, of the Durham Constabulary, was
upon they spot in the early part of the day with
several of his men. The examination of the clothes
shows that robbery was intended, and we are in-
formed the stocking soles of the deceased were quite
dry and clean just as they would have been left had
-his boots been taken off after he had been dead.
However, the post-mortem examination which is to
be made will soon remove all doubts as to the
manner in which the unfortunate man was de-
prived of life. The marks upon the wall just
opposite where the body was found lead to
the supposition that some persons had climbed
over into the field in great haste, and we are in-
clined to think that Baty had been struck from
behind, and immediately upon receiving the blow
had fallen heavily against the wall, leaving the
bloody marks that were plainly visible when we
visited the place. Should the medical evidence
bear out the supposition, the blow must have been
struck by a person in the habit of using his left
hand. The exact time at which the deceased met
with his death cannot be at present precisely fixed,
but there is evidence that he was alive at a quarter-
past twelve o'clock, and that he was dead at a
quarter before three when found by Mr. Nixon. It
is a singular coincidence that this murder was com-
mitted on the very day of the month of November
that the body of young Stirling, the Burnopfield
surgeon, who was cruelly murdered within a few
miles from Winlaton five years ago, was discovered.
The Newcastle Chronicle of this morning says :
"We may state as a curious fact, that when
examining the place where the body had been
found a gentleman near us found a piece of paper
close to the spot, which appeared to have been worn
for a considerable period in some person's pocket,
as it was dirty and creased. Upon it was written,
in red ink, a copy of the local song called Cappy,
or the Pitman's Dog,' the concluding verse being
as follows :
" He haddent gat farther than foot o' the side
" ' Before he fell in with the dog-killing tribe.
" When a highwayman fellow slipped round in a crack,
" ' And a thump on the skull laid him flat on his back.
" Down went Cappy.'
" There was no possibility of this having been
manufactured and laid down after the news of the
supposed murder had been spread, as, from the
appearance of the ink, it had been written for some
months, and the paper had been well thumbed,
leading to the inference that its owner had been
committing the lines to memory. It will be
handed over to the police on application, and may
possibly be the means of leading to some clue to
this mysterious and shocking affair."

DESPERATE AFFRAY WITII

POACILERS.

Between 2 and 3 o'clock on Monday morning a
desperate encounter with poachers took place at
Barton Park, 10 miles from Derby, on the pre-
serves of Mr. F. Bradshaw. It appear that three
keepers were out watching in the preserves on the
morning in question, and between 2 and 3 o'clock
they observed nine or ten poachers in the act of
planting their nets and beating for game. The
keepers went up to two or three of them, who were
separated from the rest, and after some conversation
the poachrs attacked them, and a desperate en-
counter ensued. The keepers knocked down two
or three of the poachers, one saying they had
broken his arm, and were evidently getting the
mastery over them, when they cried out to their
companions, " Come on lads, close in ;" using
threatening language to the keepers. Five or six
more poachers then came up, who commenced
stoning the keepers, compelling them to beat a re-
treat, leaving the poachers in possession of the
field. The head keepers dog, a very fine one, which
was muzzled, was killed by the poachers who cut
its throat, and inflicted injuries on various parts of
its body. The keepers were much bruised from
the stones that were thrown at them. Humpston,
the headkeeper, rode off to Derby, arriving there
soon after 4 o'clock, and proceeded to the police-
station, and orders were given to call up Inspector i
Fearne to whom Humpston gave information of
what had taken place, and also that two of the
poachers' names were Bacon and Bentley.
Inspector Fearn then proceeded along with
Sergeants Green and Thorpe and. other
constables to search for the marauders:
They went to the residence of several poachers.
some of whom were at home and some out of town.
During the morning warrants were taken out
against James Bacon, James Simpson, and William
Bentley, three notorious poachers, and placed in the
hands of Inspector Fearn, Police- copstable Vessey,
&c., for execution. Simpson was apprehended at
his lodgings, and Bacon was taken on the London-
road. Mr. Mr. Hilton, head-constable, Inspector Fearn,
and Humpston were standing in Bag-lane, Derby,
about three o'clock on Monday afternoon, when the
keeper pointed out Bentley, who was going into
house of a notorious poacher, as one of those who
was at the affray. The constables went up to the
door. Humpston identified all the prisoners as
taking part in the affray. Several poachers left the
town on Monday, and are not to be found. About
1,000 yards of netting were taken from the poachers,
besides several other implements used in taking
game. Thep oachers left a cap and coat, with a
great deal of blood besmeared on them, on the
ground whore the affray took place, and several
sticks. Bacon has been convicted of poaching no
less than five times, four times he had a sentence of
three months', and afterwards, at the assizes, he
was sentenced to nine months' imprisonment. He
aistahinesstarnesppeocatocrheFrowarhn of o,has commenced an action
g
Derby, for taking from
him a few weeks ago a net and two hares. Simp
son has also been convicted several times.

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SPORTING INTELLIGEWCE.

LIVERPOOL AUTUMN RACES.—WEDNESDAY.
The Aintree Plate (Handicap) of 50 sovs. Winners extra.

One mile. 24 subs.
Mr. Charles' Gibraltar, 3 yrs, 6st 71b (Daley) 1
Mr. Barber's Ellen, 3 yrs, sst lllb (G. Noble) Z
Mr. A. Williams' Rara vis, 4 yrs, 7st 21b.... (Bottom) 3
The following also ran :—Maid of Chesterfield, Cumber-
land, Glenbuck, North Lancashire, Ancient Andrew, and
Corona.

Betting-6 to 4 agst Gibraltar, sto 1 agst Glenbuck, 6to
1 agst Ancient Andrew. Won by two lengths; the same
between the second and third ; a good fourth.
The All-aged Selling Stakes of 5 sous each, with 25 added.
Optional selling weights, &c. T.Y.C. (5 subs.)
Mr. T. Hughes' Ladylike, 2 yrs (£2O), sst 121 b (Mitchell) 1
Mr. Phillips Corona, 2 yrs (£4O), sst 81b .... (Thomas) 2
Mr. C. Winteringham's Edendale, 2 yrs (£4O), sst 101 b 3
Yafa filly and Ancient Andrew also ran.

Betting-2 to lon Ladylike, who made all the running,
winning in a canter by four lengths ; two lengths between
the second and third. The winner was bought in for 160

guineas.

The Knowsley Nursery Handicap Stakes of 6 sovs each,
2 ft, with 70 added for 2-yr olds. Half-a-mile. 37 subs.
Mr. T. Cliff's Nutbush, 7st 81b (in. 51b ex.) (Challoner) 1
Mr. Harrison's Lady Ripon, 7st 61b (car. 7st 71b) (Bullock) 2
Mr. Hunt's Sister to Aston, 6st (Thomas) 3

The following also ran : —Ladylike, Termagant filly, and
Gipsy Girl.

Betting-7 to 4on Nutbush, 7to 2 agst Ladylike, 7to I
agst Lady Ripon. Nutbitsh made play, followed by Lady
Ripon, the former increasing her lead before reaching the
stand, and winning easily by two lengths ; a bad third. On.
taking the preliminary canter Gipsey Girl ran against the
rails and fell, throwing Grimshaw, who was, however,
unhurt.

The Croxteth Welter Cup (in specie) of 30 sovs, added to a
handicap sweepstakes of 5 80V8 each ; winners extra;
gentlemen riders; professionals, 51b extra; second to
save his stake. About a mile and a half, starting oppo-
site the stables. 16 subs.
Mr. Whittaker's First Lord, 3 yrs, 10st 41b (inc. 51b en.)
(Mr. G. S. Thompson) 1
Mr. Pearce's Irish Emigrant, 4 yrs, 9st 81h (Mr. Gaman) 2
Mr. Saxon's Jenny Longlegs, 3 yrs, 9st 51b (inc. 51b ex.
(Mr. W. Bevil')) 3
Killigrew, Prince of Orange, Sheffield, Rosebud colt, and
Malpas also ran.

Betting-6 to 4 agst First Lord, 3to 1 agst Jenny Long-
legs, sto 1 agst any other offered. Irish Emigrant made
the running to the half distance, where first Lord came out,
and won by half a length; a length between the second
and third ; the Prince of Orange was fourth ; the Rosebud
colt last throughout.

BETTING ON THE COURSE.
LIVERPOOL CUP.
100 to 30 on the field (offered)
Bto 1 agst Brewer (taken)

BETTING AT LIVERPOOL LAST NIGHT.
LIVERPOOL CUP.
3to 1 agst Light (taken)
sto 1 agst Brewer (taken)
100 to 8 agst Moorcock (taken)
14 to 1 agst Alderman (taken)
15 to 1 agst Gladiolus (taken)
20 to 1 agst Ariadne (taken) ,y
20 to 1 agst Ben Webster (taken)

LIVERPOOL CUP, SHREWSBURY RACES....
Youatt Wm. Gray will issue advice on the Liverpool Cup
up to six p.m. on Thursday (to-morrow) evening. There
is plenty of time to win £lOO. A horse at 30 to Ito win,
and 8 to 1 for a place is sure to be first, second, or third.
Eight races will be advised on at Shrewsbury. Terms for
Liverpool, 2s 6d ; to the end of the season, ss, and per
tentage. Address-15, Charing-cross, London.

COUNTRY MARKETS.