The Sun.
London, England, 1867-07-08 00:00:00

toou h the spots, even upon the second occasion...
without producing pain, although I tried to draw-

his attention from what I was doing.
At the close of the case for the prosecution,
Mr. Gunner submitted that there was no evidence
to go to the jury except on the count for a common,
assault.

After some discussion, the Recorder thought there'
was evidence on all the counts but the second—for

`also imprisonment.
Mr. Gunner then addressed the jury for the do-
fendant. lie was not instructed to deny that the

assault had been committed, but he did deny the

severity of the flogging. Ile presumed the jury
would believe the boy was a skulker. It was clear
he came on board and intended to remain there,
that he had been on board ships before, and though

he said he did not feel the ship get under weigh, he

- -
Mr. Gunner) should show that the ship stopped

mice—when the staff-commander came on board,

and when he got off—and that it was impossible

'or him not to have felt the stopping between

Plymouth and the breakwater. The boy himself
admitted that he took his boots off. The conclu-
sion, therefore, irresistibly was that the boy took
his boots off for the very purpose of concealing
himself till the ship had got outside the break-
water and well to sea. As to the flogging itself
he (Mr. Gunner) had no doubt it hurt the boy ;
but, although he said he could not sit down
for several days, it was evident he got over the side
of the vessel, and sat down in the boat directly. It

was said the boy was left without food or money on
the beach, but what could the captain do? He was
bound to put the lad on shore at the first port, and
_ _

had he allowed him to remain he would probably
have received a severe reprimand from the Admi-

ralty. He thought that if the jury did not give
him a verdict of entire acquittal, they would at all
events not convict him on any other count but that
of a common assault.
Witnesses were then called for the defence. Most
of them were sailors on board defendant's vessel.
Two were magistrates who had seen the back of
the boy when the case was first heard before
them.

Sir Lewis Tobias Jones, K.C.8., Vice-Admiral,
said he had known Captain Simpson since 1838.
He was first lieutenant and doing duty as comman-
der in the Black Sea, and he was then of an ex-
tremely considerate disposition and kind to all
people under him, and his character had been so
ever since.
Captain Beckford said Captain Simpson was
senior lieutenant of the Princess Royal, of which
witness was the commander when in the Black
Sea, and there was nothing like harshness in his
conduct.

Mr. Gunner summed up his evidence, again con
tending that there was no reason why the boy
should not have been landed had he been so dis-
posed, that the flogging had not been unnecessarily
severe, and that the defendant could not be con-
victed of a more serious offence than a common
assault.
Mr. Besley having addressed the jury in reply,
The Recorder, in summing up, said although some
of the facts were disputed, when the evidence came
to be considered there could be no difficulty in
coming to a conclusion. He (the Recorder) had
suggested an arrangement of the case, because the
lad only had sustained the injury, and he thought
he should be compensated for it ; but the case had
gone to the jury, and whatever punishment was in-
flicted, the boy would receive no benefit from it.
There could be no doubt that an assault had been
committed, but the question was whether the flog-
ging was so much in excess of what he had deserved ;
although the defendant had by law no right to beat
him at all. It appeared to him that it was a mis-
take to have used a rope's end at all. Had a cane
been used, it would have been better ; but a rope's
end had been used—the only thing at hand—and
he thought there could be no doubt that such a
chastisement could not be otherwise than severe.
There was no justification for the assault ; but he
thought there was a total absence of malice, although
he would leave the point to the jury. If there was
no more than a severe flogging, he thought a verdict
for a common assault was that which would best
suit the circumstances. 'Were the marks more than
the ordinary consequences of a flogging, or were
they those of something more than an ordinary
chastisement? Beyond the heedlessness, the thought-
lessness, and carelessness with which Captain Simp-
son had acted, it appeared to him that nothing
serious could be imputed to him.
Mr. Besley asked the Recorder to put it to the
jury whether they believed malice had been proved.
The Recorder said he would do so, explaining to
them that malice was, in law, either express or im-
plied. No express malice had been proved in this
case, and, so far as his opinion was concerned, there
were no circumstances from which malice could be
inferred. -
The jury retired at a quarter to four to consider
their verdict, and after an absence of half an hour
they returned into court.
On being asked by the Clerk of the Peace if they
had agreed on their verdict, they said they had.
The Clerk of the Peace—Do you find the defen-
dant guilty or not guilty ?—The Foreman : We
find him guilty of malice, but not of malice afore-
thought.
A verdict of guilty was taken in the whole of the
counts, and
After much deliberation, the Recorder addressed
the defendant, stating that he disagreed with the
verdict ; that while he did not think it necessary to
inflict a degrading sentence, he was bound to pass a
severe pecuniary punishment. The sentence was
that the defendant pay a fine of £lOO, and that he
be imprisoned until the same be paid.
Mr. Bullen applied for the costs of the prosecution,
but a long discussion on the point took place, which
ended in the 'Recorder refusing the application.

ception of Burke, were closely shaven. Six constable
,cif the C division and an acting sergeant and prison
-warders'accompanied the convicts to Holyhead.

- The Poor Law Commissioners have declined to
appoint a Presbyterian chaplain to the South Dub-
lin Union, on the ground that there are only three
Presbyterian paupers in the house, and they are at
liberty to go out to worship on Sundays.
The half-yearly meeting of the Mining Company
of Ireland was held yesterday, Mr. Thomas Bewley
in the chair. The report, which referred in favour-
able terms to the proceedings of the past year, and
which recommended a dividend of 10 per cent., was
unanimously adopted. At an extraordinary meet-
ing, subsequently held, the board of directors were
empowered to reduce their number from 15 to 11.
A meeting was held last evening at Kingstown
to support the Clerical Vestments Bill. The meet-
condemned ritualistic practices, and expressed its
cordial sympathy with the Earl of Shaftesbury for
his zeal and perseverance in conducting the bill

through the House of Lords. The attendance was
large, and the feeling against ritualism was very
strong.

EVENING.

The Fenian General Halpin and a Fenian agent
named Breslin were brought in this morning from
Cork and lodged in Kilmainham Gaol. They were
identified on board the outward bound American
steamer et Queenstown by Corydon and Devany.
Captain Condon, retained in custody since his
acquittal, has been released at the request of the
American Minister, and sailed for the United States
yesterday, bound not to return.

Vaughan and a good many English intend to
make their way to cooler regions as soon as to-
morrow's function is over. The function is expected
to last six hours. Grand processions have been
going on every day during the octave of Corpus
Domini, from various churches in different parts of
Rome, all numerously followed. I was not able
to attend that at St. Peter's yesterday, but I was
told the Holy Father carried or followed the
Blessed Sacrament on foot, which he has never
done before to my knowledge. In the evening,
there was a prova (rehearsal) of 300 singers, in
the gallery of the dome, with beautiful effect.
To-night, the Vigil of the Centenary festa, we are
to have the unique spectacle of the illumination of
the dome of St. Peter's. All the other festivities, I
find by the official programme, will be just what I
announced in a former letter. This evening,
after Vespers, the Holy Father blesses the bishops'
pallia, ready for distribution in the course of the
year. The pallium is a narrow strip of woollen
stuff, marked with six crosses in black silk.
Borne on the shoulders, it symbolizes the type of
the Pastor bonus bearing the erring sheep back to
the fold, and the crosses represent that on which
suffered the Lamb who taketh away the sins of the
world. Every year, on St. Agnes's day (21st
January), there is a very pretty ceremony at St.
Agnese fuor' le mum ; the Pope assists at the
Mass, and, while the choir is singing the Agnus
Dei, the Chapter of St. John Lateran present him
with two young lambs bound on a satin cushion
and covered with flowers, which, after being laid
on the altar and blessed, are consigned to two
sub-deacons, who afterwards give them into the
care of a community of nuns. Some of their
wool is interwoven with the material of which the
pallia are made, and which are always consecrated
after the first Vespers on SS. Peter and Paul's
day by the Pope, or whoever assists in his stead
on the occasion, at St. Peter's. The pallia are
afterwards kept in a gold urn in the Confession,
under the High Altar of St. Peter's. The use of
the pallium is of very ancient observance in the
Church. We read that in 335 Pope St. Mark con-
ferred it on the Bishop of Ostia : whose successors
have always worn it. For many centuries, however,
it has been considered to belong to the peculiar
insignia of archbishops, who, indeed, have no right
to the title till they have received it, and under
normal circumstances must come to Rome within
three months of their con secration to be invested
with it at the hands of the Sovereign Pontiff. It
has, however, at various times been granted to sim-
ple bishops besides the Bishops of Ostia : thus the
present Pontiff gave:it, in 1847, to the Bishop of
Valence, in acknowledgment of his care of part
of the mortal remains of Pius VII., who died in
exile in his episcopal city.
After the blessing of the pallia, the chair of St.
Peter was borne in procession from its ordinary
position to the altar of the Madonna del Soccorso,
where it will remain exposed to the veneration of
the faithful during the Octave, by order of his
Holiness. The Pontifical Zouaves have applied
for the honour of guarding it in turns, night and
day.

The proclamation of the Revolutionary Commit-
tee, of the 31st of May, speaks of the happiness
enjoyed by the people of Italy, which the Roman
population " sees, hears, and reads of, but may not
taste as yet." A Roman paper commenting on this,
points out as a curious evidence of how little truth
there can be as to this boasted happiness, seeing
that from all points of the new kingdom the
scanty population is driven to emigration. The
Calabrese and Sicilians have for months past been
seeking refuge by thousands in Tunis and Egypt ;
and the Florence official journal has lately been
publishing a warning that the labour market of
Switzerland is overstocked with Italian emigrants,
in spite of which the flood continues to set in that
direction. It would seem they had rather be ,
any-
where than in the midst of the new " happiness"
of Italy.
A priest, who accompanies Mgr. Hassoun,
Patriarch of Constantinople, has just been giving
me an interesting account of the consecration of
his new cathedral of the Catholic-Armenian rite
which, though it took place some few months
ago, may not be known to some in England.
The function was solemnized with a pomp long
unknown in Catholic ceremonies in this locality.
There were eleven bishops present. Mgr. Hassoun
wore some splendid vestments which, I believe,
were presented to him by the Empress of the
French. At the same time he went through the
ceremony of inaugurating the palace at Pera, built
for him at the expense of Bogos-Messili-Bey and
his two sisters.
Liszt has been on a mission to Buda from the
Holy Father, to present the Emperor of Austria
with a very precious reliquary, on the occasion of
his Coronation. He has returned to superintend
the rendering of his new oratorio of " Christ."

June 29

I am just returned from to-day's great and glo
rious ceremony. We had to take our places before
unetionbefore we got away.
was concluded by
osenveeno,,calonct,thiotuwgh pastthase f two
There are always many friends to be met on such
occasions, and, with me, it is always a favourite
part of the Roman ceremonies to watch the melt-
ing away of the immense multitudes they collect.
The good humour, politeness, and order with which
they break up and literally depart in peace, is more
like a military evolution than the spontaneous
dispersion of a promiscuous crowd, in which the
lowest and poorest orders muster in large propor-
tion. It gives one an impression of a greater dif-
fusion of civilization than .one can witness in any
other capital of Europe. The heat was intense,
but I don't believe anyone thought of it ; and yet,
after some nine or ten hours' exertion under it,
one does not feel adequate to give you anything
like a worthy account in the haste which to-day's
post would render necessary. M. Veuillot is here,'
and from his ready pen you will have the fullest
account that could be rendered to-day. There
was, however, an accident of an alarming nature,
which threatened to have defeated the whole cere-
mony, which I must tell you of. The lighting of
the vast multitude of tapers was nearly completed,
when the draperies before one of the high windows
of the transept caught fire—draperies of such thick
silk that one would not have thought it could have
burnt. A murmur rose through the crowded
church, which was more alarming than sight of the
fire, which, for a moment, we thought might burn
itself out without damage. A minute after, how-
ever, it communicated itself to the central and
larger window, and most unaccountably, for the
distance between them is not less than fifteen or
twenty feet. This was a more serious affair, and
large flakes of burning
matter floating about soon
set fire to the woodwork scrolls, from which the
candle sconces start, -, while the candles, guttering
down and melting in
the heat, stimulated the
flames. Apparently, it was quite unperceived by
anyone in authority, and people began to whisper
reminiscences of the catastrophe of Lima, and
some turned to force
their way out of the throng.
The quickly communicating impulses of a large
body of people have
something in them very
moving. We seemed to be living through a long
danger,
and ideas of personal suffering, and of the
mocking exultation of the enemies of the Church,
mingled themselves strangely—the ladies in the
palchi, bereft of the support of the masculine ele-
ment, were turning pale, and the snore
ore courageous
were gallantly preventing the outburst of a panic
among their sisters. And yet so admirable is the
forethought and order with which everything here
is managed that, before three minutes by my
watch had elapsed, a band of pompieri had made
their way in through the windows, one body set-
ting themselves to remove the rows of candles
which twisted round their arms like snakes, and
all decorations in any danger of ignition, while
another body slung
down buckets of water from
the upper part of the roof, where a perpetual
fountain plays, and directed them on to the burn-
ing mass with all the precision of a daily-repeated
manoeuvre rather than the haste to be expected on
so trying an occasion. Within the lapse of a quar-
ter of an hour all was safe again, and outer cur-
tains supplied to the windows where the accident
had happened,
to prevent any further mischief from
the draught ; and meantime the great procemitna