The Sun.
London, England, 1858-07-09 00:00:00

auri sacra fc rims will attract adventurers from every
nation—man who will recognise no law but that
of the strong hand, and set order and regularity at
defiance. If there be not properly-constituted
tribunals, those of Judge " Lynch" will be brought
into operation, and evils may arise which it would
take years Ito remedy.
The measure just brought forward by Sir E. B.
LYTTON seems' well calculated to attain the objects
for which it his been prepared. It may require
amendment Latex a few years' experience of its
working, bnt it is certainly as good as could be
framed on the spar of the moment. It professes
to be but for a limited period, until 1862, so
that whatever may be the result, it may be either
confirmed or amended, after full experience of its

operation.
One thing is quite dear. The Company that
has so greatly misapplied what were lit—rally golden,
opportunities, must submit to the termination of
its rule. The Hudson Bay's territories
must be brought under the direct influ-
ence of the Crown, and colonies established
for which we venture to predict "a good time
coming." The new Secretary for the Colonies
has already displayed a degree of zeal, energy, and
judgment, for which he is entitled to the thanks
and gratitude of the community, and which give
earnest of future well-doing in', the important de-
partment over which he now presides. We may
add that we emphatically protested against the
grant of Vancouver's Island to the Company
when it was made, and we rejoice to perceive that
an adequate remedy will at last be provided for
that gravo mistake.

REGINA V. BARBER promises to become a
" leading case among the causes celebres that have
arisen under the criminal code. It proves that
even the much vaunted trial by jury does not
afford full and complete protection to inno-
cent persons, and that 12 impartial men,
desirous of returning a true verdict according to
the evidence, may occasionally fall into a fatal
mistake, ruinous to the interests and destructive
to the happiness of one of their fellow subjects.
As we long since earnestly advocated the cause
of Mr. BARBER, and demanded for him some rc-
compence so far as mere pecuniary matters were
concerned, we may be permitted to advert to the
soundness of the opinions we then put forward,
which have since been so fully and completely
verified and established. _ _

Mr. BARBER was a solicitor of established cha-
racter and reputation. By a sound knowledge of
his profession, combined with great talent, inde-
fatigable industry, and unblemished rectitude, he
had realised considerable profits, his income previous
to 1844 averaging more than 2,0001. per annum.
He gave employment to nine clerks, and there was
nothing in his office that had not the advantage of
the master's eye and the master's attention.
There was nothing, therefore, surprising in the
prosperity that attended his efforts. But a terrible
calamity was impending, which showed the utter
uncertainty of sublunary affairs. Amongst his
clients he numbered a certain Mr. FLETCHER, a
surgeon, who had on several occasions discovered
parties entitled to Government Stock of which
they were ignorant. Mr. BARBER had been en-
gaged in several bona fide cases for this man, in
whom he reposed unbounded confidence. FLET-
CHER, unfortunately, conceived the design of
turning his information to a dishonest Purpose,
and forged certain wills and certificates of death,
in order to obtain unclaimed money for hims:ilf.
A discovery ensued, and FLETCHER and BARBER
were tried, in 1844, at the Central Criminal
Court, and both were convicted, and sentenced to
transportation for life. Possession was taken of
all Mr. BARBER'S property, as that of a convicted
felon, and his prospects in life were apparently
for ever blasted, and he himself consigned
to slavery of the worst and most hopeless cha-
racter.

Even at the very time serious doubts were en-
tertained respecting the propriety of the verdict.
There was unquestionably ground for suspicion,
but not that clear and convincing evidence that
brought guilt home to the accused. Every act
was consistent with his perfect innocence. He had
confided too much in a client whom he believed
to be an honest man, received very moderate costs,
and not a farthing more, and must have been
mad to have risked his well-established position
for so trivial an object. All these points were
ably and clearly urged, but in vain. The jury
returned an adverse verdict, the judge acted on
it, and pronounced the heaviest sentence which
the law permitted. Mr. BARBER was sent out to
Tan Dieman's Land with a batch of convicts of
the worst description, and the main object of the
criminal code, the protection and security of the
innocent, was grossly violated in his person.
We are not amongst those who believe that a
consciousness of innocence can enable a man to
sustain the heaviest trials with equanimity.
There is a burning sense of injustice, a deep feel-
ing of wrong, that causes greater agony than can
be endured by one who recognises the justice of
his punishment. We are bound, however, to
admit that Mr. BARBER'S case was opposed to this
rule. Although the iron must have entered
deeply into his soul—although he endured the
most horrible torments that the refinement of
cruelty could suggest, he always displayed unpar-
ralleled patience and meekness. On his outward
' voyage he averted a mutiny that might have
endangered the ship and crew, and given freedom
to the miserable convicts. And. when arrived,
although subjected to the worst treatment, and
refused every indulgence that was bestowed even
on the most atrocious offenders, he endured it in
such a manner a 3 to elicit the following testimonial
from the amiable and excellent chaplain of that
hell upon earth, Norfolk Island :—" I have never
known a prisoner of the Crown who has been
subjected to greater wretchedness. I rejoice to
be able to add that I have never seen an instance
of more dignified suffering, acconapanied by inva-
riably consistent conduct."
We shall not pollute our columns by stating
the nature of the trials which he was compelled
to endure, and under which his health was rapidly
breaking down. Suffice it to say that his inno-
cence was at length clearly established. FLETCHER,
when dying, had confessed his innocence, and vari-
ous circumstances corroborated that confession,
and rendered it strong as " proof of holy writ."
And what was then the course adopted towards
this deeply-injured man ? he received a conditional
pardon, and was turned out naked—his convict
clothes having been taken away, and penniless,
might have perished before ho could have reached
a civilised settlement, but for the kindness of
some good Samaritans in that den of atrocity.
He had literally to beg his way home. The
term may be strong—for there were many who
sympathized with his unmerited sufferings, and
earnestly endeavoured to smooth the rugged path
before him—but we mean by it that nothing was
provided by the Government that had confiscated
all his property. He received no public assistance
of any kind to bring him back. The conditional
was changed for an absolute pardon when the
proofs of his innocence were made still
clearer, so that no disinterested or unpre-
judiced person could entertain the slightest