The Sun.
London, England, 1859-11-23 00:00:00

.S.N.S. ...•.•••••••,...
Regiment are removed from the citadel to
Mount Wise, and the Fife Alilitiahave taken charge
of the batteries of Picklecombe and §,taddon.

THE REPRESENTATION OF TVIZITEY.
—a--
The death of Mr. R. Stephenson having caused a
vacancy in the representation of the borough of
Whitby, the nomination of candidates took place on
Monday last. The candidates were Mr. H. S.
Thompson, chairman of the North-Eastern Railway
Company, andiMr. Mr. T. Chapman, London, chairman
of Lloyd's; Mr. G. Hudson having previously re-
tired. One of the occupants of the hustings, which
were erected not far from the railway station, was
his Highness Maharajah Dhuleep Singh, and.he
seemed to take much interest in the proceedings.
Mr. BUCIIANNAN, the returning officer, after
alluding to the fame and lamented death of Mr.
Stephenson, desired for the several speakers a fair
and impartial hearing.
Dr. TAYLERSON said he had the pleasure of pro-
posing Mr. H. S. Thompson, of Kirby-hall, as a fit
and proper person to represent.them in Parliament.
Mr. T. TURNBULL seconded the . nomination,
stating that Mr. Thompson was a gentleman o 1
wealth, education, talent, influence, and a friend of
progress.
Mr. C. RICHARDSON then proposed Mr. Chap-
man as a fit and proper person to represent the
borough, which he said was the place of the lion.
candidate's . birth, and he was sure, if .elected, he
would use his anxious endeavour:, to promote the
prosperity and interests of Whitby. Mr. Chap-
man, he observed, was a Conservative in politics,
though not opposed to any well-considered measure
that might tend to the improvement of our institu-
tions. (Applause.)
The nomination was seconded by Mr. SCI ALES,
who said that the shipping interest of this country
was exposed to a most ruinous and unfair competi-
tion, and that without some redress it must fall, in-
stead of rise, in the scale of nations, as it has always
hitherto done: . • (Applause.)
Mr. H. S. TIIO3IPSON said, before entering upon
any more important matters they would allow him
to give them a cordial and Marty welcome to the
railway. station. Though only a trifle, it would, he
hoped, serve to remind them that whenever they
Wel
uired any accommodation which was .a little
more than ordinary, they might immediately turn
to the railway company for it. (Cheers.) He would
ask them, at the same time, a personal favour—viz.,
that they would give to his worthy opponent a fair
and impartial hearing. (Cheers.). Mr. Chapman
and himself had been on their trial before them,
which had been going on for several weeks. They
had had a great array of legal talent on each side,
saying everything tfiey could on behalf of one and the
other prisoner. (Laughter.) Their friends on each
side had been using the best arguments that they
possibly could, and now they were assembled there
that day to give their verdict. His antagonist had
a great advantage over him, as he was surrounded
by his relations and friends. They had used, natu-
rally-, arguments which could not be used by those
who were comparatively strangers, and he confessed
he was very much alarmed as tetheir verdict, lest
it should be that they acquitted Mr. Chapman of
all concern in this matter, and allow him to return
to his high and honorable occupations in the city of
London, but condemned him to serve them to the
end of the present Parliament in the House of Com-
mons. (Cheers.) But there was one chance more.
The prisoners had each to be heard in their own de-
fence, and he was now going to tell them what kind
of service they would have from him. One of the
• most important questions upon which • he - should
have to address them—a question deeply interesting
to all the men of Whitby, and one upon which he
had been, he was going to say, misrepresented, but
he would only say misunderstood—was the great
shipping question. In the first instance, what is
there at stake in this question ? Is it a question
really of great importance or not ? Looking at the
amount of British shipping in active employment
in the last two years, he found on an average that
if amounted to above 13,000,000 tons, and on a rea-
sonable estimate of the value of that shipping, they
could not put it at less than £100,000,000 sterling.
That is the magnitude of it. It is stated by the
shipowners that one thing they have to complain of
is the.want of a remunerative price, and that that is
caused by the great increase of foreign shipping ;
that it is caused by a want of reciprocity on the part
of many foreign Governments; and caused also liy a
great number of unnecessary restrictions adopted
here at home: He would give his opinioni as to these
several points. Though not a shipowner, he had been
very deeply interested in this question as a large
owner in the North-Eastern Railway. Being
deeply interested in the question, he had read with
great interest and care the, memorial which was pre-
sented last December by the deputation of ship-
_owners from various parts of the country then in
London. The had read with eipir...l interest the an-
swer made by the Board of Trade, and the rejoinder
by the Shipowners' Association. Haying read these
carefully through, -he would say that not one'
of them had stated the progress of foreign shipping
as compared with British shipping, to the full ex-
tent he should do if he had to make the statement.
(Applause.) He said so, because, in making that
statement, they compared the first year of free trade
in shipping in 1850, with the last year, 1553;
whereas, if ho had a retaining fee to.argue the case,
he should have compared the last year of the old
system with the last year of the new, and that
would have made a difference. By the returns of
the Board of Trade the progress of shipping was
made nearly equil:o the progress of foreign ship-
ping ; but if they compared the old with the last
year of the new, they would have found that the
tonnage of British shipping had increased 2,961,000
and the foreign 4,907,000. What answer was given
to the appeal of the shipowners assembled in Lon•
don by a Government, the members of which were
represented to be the great friends. of the shipping
interest? 'At the end of three months there came
an elaborate document from them, which proved
;hat there was nothing to be done, but it proposed
that the differential duties on timber should be con-
sidered. (A laugh.) What did the Whig Govern-
ments do ? As they had nothing substantial to pro-
pose. they were wise enough to hold their tongue.
With reference to the question of the increase of
foreign shipping, lie could not give them any help
if they sent him to ' Parliament. There
was no Government that ever wiel, because
it implies a reversal of the principles of
free-trade, which has been deliberately adopted by
this country, and until the sea retired and left
Whitby an inland town they would never find the
country going back on the question of free trade.
(Cheers.) On the question of reciprocity, any mea-
sure that was proposed to accomplish that end short
of going to war with a foreign nation to get it, he
would support with all his might. A certain mea-
sure of relief might be obtained by the shipping in-
terest in other ways, such as building harbours of
refuge, and he admitted that there are duties raised
on shipping which require alteration to adapt them
to present circumstances. He could, go with them
heartily for abolishing improper restrictions, and in
trying to obtain reciprocity, in order to place them
on a fair footing with the foreigner; but he could
not go with them to put an end to the foreign trade
—that was, foreign shipping ; for could they be-
lieve that if the British shipowner only had fair
play and there was the absence of all unnecessary
restriction, that he would be afraid of the world,
and that he would not have his fair share of the
enormous and rapidly increasing trade of the coun-
try ? (Cheers.) Mr. Thompson stated that if they
returned him to the House of Commons he should
take his scat on the Liberal side of the house, though
he would be pledged to no party or measure, for if
a good measure Was proposed from any side or by
any person he would cordially support it. (Cheers.)
He glanced at the failure of the measures of the
Conservative Government, remarking that the
Conservative policy had been of late years too much
to oppose measures session after session, and ulti-
mately,when they could no longer be withheld, to
adopt them. Ile felt that the working classes were
entitled to a fair share of the franchise, and after a
few other observations, he thanked the electors for
their promises of support.
Mr. CHAPMAN tacit addressed the electors, and
observed in tliecourse of his speech that, experienced
as he had long been in taking a prominent part in
those large metropolitan associations immediately
connected with shipping, it had been thought by
many that experience qualified him for a scat in
Parliament. (f fear, hear.) It was with a little de-
gree of pride that he offered himself to be the re-
presentative of his native town, and his occupation
and constant residence in London would enable
him, he believed, to be of essential service not only
to time shipping, but every interest connected with
the borough. Though a Conservative, he held him-
self to be second to none in 2.11 earnest desire to
prove to his fellow-countrymen the glories of civil
and religious libel ty, and he would give to every
man whfi had intelligence enough the privilege of
a vote; but he would pledge himself to the support
of no particular measure with regard to Reform.
Considering the ballot as un-EngliSh, he would op-
pose it to the utmost. There seemed to be a feeling
that we are menaced with an Evasion. lie did not
believe such a thing was probable, but we must be
prepared, especially as all the European nations
are armed to the teeth. He believed the best security
for the independence of Europe is the freedom of
England. (Applause.)
On a show of hands being taken, there was an
overwhelming majority in favour of Mr. Thomp-
son. A poll was demanded for Mr. Chapman, and
it was appointed to take place on the following day.
CLOSE OF TIIE POLL.

Thompson
Chapman

229
190

,STRIKE IN T.

!I .VG TIZADES;

MIDDLESEX SESSIONS, Nov. 22.

(Before Mr: Bodkin, Assistant-Judge, and a full
Bench of Magistrates.)
The Court sat specially to-day at the Guildhall,
Westminster, to hear an appeal by Wm. Perham, a
mason, against a conviction by Mr. Corrie, the
police magistrate, under the 6 Geo. IV., c. 129,
entitled, "An Act to repeal the Laws reating to
the Combination of Workmen, and to make provi-
sion in lieu thereof." The adjudication was a term
of two months' imprisonment.
Mr. Edwin James, Q C., Dr. Wheeler, and Mr.
Gordon Allan appeared cn behalf of the appellant,
instructed by Mr. Roberts, of Manchester; Mr.
Lush, Q.C., and Mr. Poland, instructed by Mr.
Mullens, appeared in support of the conviction.
The conviction was read. It set forth, in the
terms of the statute, that the defendant had endea-
voured by threats to intimidate one Wm. Jocelyn,
and to deter him from continuing in the employ-
ment of Messrs. Thomas and Wilson Piper.
Mr. E. James said he had to make an objection
to the conviction, which he submitted was bad on
the face of it. The conviction did not disclose any
offence as having been committed by the defen-
dant, but merely followed the words of the form
I of the statute ; it did not set out the overt acts or
threats in question, and in a conviction of this
highly penal character, the offence must be
clearly and conclusively defined. The learned
counsel cited several authorities, and said a
second point he had to submit was, that the
conviction was bad inasmuch as it did not
set forth that the threats or intimidation were
made directly to the person, which was really the
gist of the offence, there was no allegation of any
such threats in this conviction, and it was not suffi-
cient that the general terms of the act of Parlia-
ment should be simply adhered to, for in the form
it was stated in a space, " here state the offence,"
and in this case no offence was- stated. If it was
not absolutely necessary that the offence should be
stated, why should the act give a particular form
and contain the words, " here state the offence ?"
Dr. Wheeler and Mr. Gordon Allan followed on
the same side, and contended, quoting various de-
cisions of the Court, that it was an indispensable
condition of the conviction, which was summary
and a highly penal one, that the nature of the par-
ticular offence should be clearly defined, so that the
person convicted, on availing himself of his right
of appeal which the law gave him, might know
what he had to meet and answer.
Mr. Lush, in reply to these arguments, said he
confessed that he thought if his friends had any
confidence in the points they had suggested, they
would have advised the defendant to be taken on
the warrant or conviction, and then tested its
validity in the highest court of the country. He
argued that under the Police Act it was not neces-
sary that the offence should be set forth, as Mr.
James contended, and that the conviction, even
though confined to the words and form of the
statute, was good and valid..
The Assistant-Judge said he did not think the
points of sufficient importance to stop fie ease,
though he was inclined to concede that the offence
should be stated, but he had the less difficulty in
deciding thus, inasmuch as the decision could be
reviewed elsewhere.
Mr. Lush then stated the case. It was in
reality a prosecution by Messrs. Piper, the
builders, against the defendant, who was one of a
class of operatives of a most useful, industrious, and
meritorious description, the masons, who had taken
an active part in the strike between the master
builders and the workmen in the metropolis.
Messrs, Piper were actuated by no vindictive feel-
ing in the matter, they had no ill-Will against the
defendant, who had been in their employment, but
it was necessary for the masters, while freely and
willingly conceding to the men the right of com-
bining together to regulate matters relating to their
trade, also to combine if the men exceeded the
proper and legitimate action of their combination
so as to take away and destroy the free agency of
any of their fellow men, and also to unite to pro-
tect themselves. Those who violated the law must
take the consequences, and be liable to criminal pro-
ceedings. The offence imputed to the defendant
was, that he hal violated the law by threatening
and endeavouring to coerce men whom Messrs.
Piper had procured from the country to work for
them in consequence of the strike in London ; and
if that were so, he had committed a breach of the
law, and must submit to the penalty. On the strike
taking place, Messrs. Piper sent one of their fore-
men, named Robjohn, into Devonshire to procure
men, and he engaged 18 and brought them to Lon-
don. They arrived on the 18th of October at Pad-
din gton ; they were watched by persons evidently
on the look out to see what men came up from the
country, and were followed, to a public-house in
Little Uritain, where the defendant Pvrhatn ,nude
his appearance. Having been in Messrs. Piper's
service, the defendant knew Ralsjohn, and he in-
terfered with the men, and tried to persuade them
not to go to work, and stood at the dsor to prevent
them going out of the public-house; but they did
get out, and as Robjohn was conducting his ma,
to provide them with lodging for the night, Per-
ham followed and told the men they had done very
wrong in coming up to.town to take the place of
fellow-workmen en the strike, and that they had
been deluded by a trick; but the men said they had
agreed to work, and work they would aecordidg to
the agreement they had made, which was six months'
certain work, and pay at the rate of ss. 6d. a day. The
men went on, Perham still following, and hearnade use
of these words, " If you go to work we shall call you
'blacks,' and when we have won the strike and
gone in to work, we will strike against you all over
London, until you are turned out." The conse-
quence of this was that 14 out of the 18 returned,
or at least did not go to work at Messrs. Piper's, as
they were to do on the following Monday. That,
he, Mr. Lush, submitted was neither fair reason-
ing, exhortation, or admonition, but a direct threat,
in violation of the law, to coerce workmen not to
go into emplo3 meet, and, therefore, that the con-
viction was good, and ought to be confirmed by the
Court.
Charles Itobjohn was then called, and he deposed
that he lived in Luard-strcet, Caledonian-road. He
was in the service of Messrs. Piper, and in conse-
quence of the strike he went by their direction into
Devonshire to engage workmen. At Tavistock he

,
engaged some, and at Plymouth others, at ss. Gd.
a day and six months' work guaranteed. He en-
gaged Jocelyn, one of the witnesses in this case, at
Plymouth. Jocelyn came up to him as he was in
the train and said he was willing to be engaged on
the same terms as some others who had gone up to
London a day or two before, and he engaged him.
They esmnto London, and were watched from the
Great Western Railway station to Little Britain,
to a public-house. The defendant came there with
another man, and said the men were his, and should
go back, that he would take them to the Sun at
Lambeth, find them beds and refreshment, and pay
their expenses bank to the country. Witness said
the men had been engaged by him to work for a
builder in London, and were not to be interfered
• with. Perham placed himself at the door to pre-
vent hi4going out with the men ; he told witness
he might go, but the men must go:with him.:
Jocelyn said' he would soon see if he was not to go
out, and came in front; they all then passed out.
Perham followed them, and said he would pay all
the expenses of their going back to tho country.
Witness said, "Do you mean going this way?"
He said, " Yes ' whereupon witness said he should
go another. Defendant still followed, and on
Jocelyn saying that he should go to work as he had
agreed, the deendapt said, "Well, you know the
consequences ; you will all be blacks, and we'll
strike against you all over London, until you are
turned out."
The witness was cross-examined by Mr. James,
and there seemed a good deal of what the learned
counsel termed open equivocation in his answers.
He said he mentioned nothing to the men about
the document when he engaged them, but they had
to accept the declaration before they were allowed
to begin work. If the men took the paper that
was enough. It was offered to them, and one-half
was retained by the master. It was agreed that
Joctlyn was to be employed if the work suited him,
and he the work. He was engaged on a Saturday,
and was to begin work on the following Monday.
The defendant drank with them at the public-
house in Little Britain. Jocelyn was paid for the
day he was engaged.
Jocelyn was then called. He said when Robjohn
engaged him he asked if there was any document
to be signed, and he said there was not, and said
nothing about the declaration. He was to bo paid
53. Gd. a-day, but when he went to work they gave
him Gs. 6d. n-day. Ile did not like strikes; lie had
been in too many to suit his •pocket, and was at
work now.. The witness bore out Robjohn's evi-
dence, which was not disputed on the other side;
and another witness was called to de pose to the
same state of facts, but they were admitted.
Mr. James then submitted that the evidence
proved no offence. It must be shown that the de-
fend-ant, by threats, ett-eavoured to coerce Jocelyn
not to go to work for Messrs. Piper, according to
his hiring. The hit ing must be a legal one, and he
contended that when this threat was used, if it
were a threat, the hiring was not complete, because
Jocelyn was to go to work on the following. Mon-
day " on condition " that he suited the work, and •
the work him, so that the agreement made with
Robjohn at Plymouth was not in fact an absolute •
hiring on the part. of Messrs. Piper, through their
agent. To test this by analogy, supposa a gentle- •
man were to send a letter to a person in the coun-
try, saying " Come up to me next Monday, and if
I find you suit me, I will engage you as my foots