The Sun.
London, England, 1866-02-14 00:00:00

SPORTING INTELLIGIINCE.

BIRMINGHAM STEEPLECHASES —TUESDAY.
These:chases were continued yesterday amdd fine weather,
though a fall of snow overnight caused smile doubts about
the morning whether it would be found practicable to run
over the ground, which was still at noon covered with
snow, despite the sun which shone brightly during the
morning. One o'clock was the time eet for the commence-
ment of the sport, but the stewards, after due consultation,
resolved that the first race should be delayed one hour
later. Full particulars of the sport are appended.

The Licensed Victuallers' Plate of 5 sov,3 each, with 20

added ; winners extra. About two mil( .1s and a half.

Lord Poulett's Benazet, 6 yrs, list 31b, inc 71b extra
(J. Pago) 1

Banbury and Oscar also ran.

Betting-4 to lon Benazet.

Oscar took a strong lead soon after starting, Banbury
and the favourite going on in close company ; the former,
however, refused at the second fence, and dropped far
astern. Oscar retained the lead for the first mile and a half,
when he bolted out of the course, and Benazet was left to
canter home alone.

The Farmers' Steeplechase of 3 sous each, with 24 added ;
for 4-yr-olds and upwards ; weight for age ; gentlemen
riders ; those who have ridden a winner, 71b ex. Three
miles.
Mr. Yates's Spiteful, 5 yrs, 12st 21b, inc 71b extra

_ .
(Capt. Tempest) 1
Mr. Audinwood's Soda Water, aged, 12st 101 b (Owner) 2
Mr. Bancroft's King Tom, 5 yrs, 12st (Mr. Calcraft) 3
Mr. Arthur's Black-eyed Susan, 5 yrs, list 91b (Owner) 4
Betting-11 to 8 agst Spiteful, sto 2 each agst King Tom
and Soda Water.

Spiteful led for the first 200 yards, when he was pulled
back, and Black-eyed Susan went on in advance. At the
second fence King Tom overjumped himself and fell, un-
seating Mr. Calcraft, who, however soon righted himself,
and went on in pursuit and again took close order. For
the next mile and a half each alternatively led till after
entering the park enclosure, when Black-eyed Susan dropped
some distance astern, and the other three remained
in close company to the second fence from home, which
they charged simultaneously, and raced head and head
to the next obstacle, after clearing which Captain Tem-
pest got his horse's head in front, and after an exciting
race, won a fine finish by a length; a similar distance sepa-
rated the second and third ; Black-eyed Susan abad fourth.
The Craven Cup, value 100 soya, by subscription of 10 soya
each, 5 ft; for four-yr-olds and upwards; weights for

age, with penalties and allowances. About three miles

and a half.
Mr. W. Sanders's Turnham Green, 5 yrs, 10st 51b (Knott) 1
Lord Poulett's Reporter, 6 yrs, 12st (Mr. Edwards) 2
Jack and Plover also ran.

Betting-3 to lon Reporter, sto 1 bar 1.
Jack cut out the work, followed by Reporter, and the
other two at wide intervals till proceeding up the hill,
when the favourite assumed the command, but soon after-
wards, upon coming out of the Park, ran the wrong side of
the post, and thereby lost his advantage. Jack now took
a lead of at least a dozen lengths of Turnham Green, who,
at a wider interval, was succeeded by Reporter. The latter,
however, got on terms with his horses, and showed the
way when half amile from home. Turnham Green, how-
ever, went on in close pursuit till within two fences of the
winning field, when Reporter hung out signals of distress,
and Turnham Green at once joined him, had the lead
at the last fence, and, retaining it to the end, won a good
race by a length. Nothing else passed the post.
The Birmingham Annual Steeplechase Handicap of 15 sovs
each, 5 ft, with 100 added ; certain penalties ; the second
horse to save his stake; gentlemen riders allowed 5Th.

About four miles. -
Mr. T. Wadlow's Roadster, aged, llstlllb...(W. White) 1
Lord Poulett's Ace of Hearts, 6 yrs, lOst 91b ...(J. Page) 2
Mr. George's Sprite, aged, lOst 111 b (Mr. Thomas) 3

The following also ran :—Church Militant, Jerry, Lord
George, Ivanhoff, and The Scrub.
Botting--6 to 4 agst Ace of Hearts, 3 to 1 agst Church
Militant, 5 to 1 agst Roadster, 10 to 1 agst Jerry, 100 to 8
agst Sprite. _

Mr J. Dunlop's bk d Marshall Forward, by Picton—
Coquette agst Mr Stocker ns r d Heroic, by Drum Major
—bitch by David.
Mr I. Campbell ns (Mr Hyslop's) bk d Naworth, by Car-
dinal York—High Idea agst Mr G. E. Gorton ns (Mr
Foulke's) bk w d Brigadier, by Borees—Wee Nell.
The Waterloo Purse, for thirty-two dogs beaten in the first
course for the Waterloo Cup, amounting to £260, to be
divided as under;:—The winner, £100; runner-up, £5O;
two dogs, £l5 ; four dogs, £lO ; and eight dogs, £5 each.
The winner to give one dozen of champagne to the

dinner.
The Waterloo Plate, for sixteen dogs beaten in the second
ties for the Cup, amounting to £lOO, to be divided as
under:—The winner, £45 ; second, £2O ; two dogs, £7
10s. ; and four dogs, £5 each.

Aquatics.

UNIVERSITY BOAT RACE.

We are glad to find that two crews—although in the
rough—equalling those of last year, are about to commence
active training for this great aquatic contest, and we are
also glad to see that one of the best of Cambridge oarsmen
(Mr. D. F. Steavenson, Trinity Hall) has, to the great
great gratification of all Cambridge supporters, taken his
last year's seat, No. 6, where he will doubtless continue up
to the day of the race.
From Oxford accounts of the crew are most satisfactory ;
spite of the raw weather and heaviness of the stream, the
men are all well, and, under the care of Mr. C. R. Carr
(Wadham) and G. Morrison, two of last year's crew, they
improve vastly, so that they give the greatest amount of
satisfaction to their follow-collegians and the Oxford
public who witness their daily trips. They are alternately
stroked by Messrs. Brown and Senhouse, and both will
probably row on that day.
The crew, by the latest advices, were :—R. T. Raikes
Merton ; F. Crowder, Brasenose ; G. H. Morrell, Exeter ;
F. Wiliam, Exeter ; W. L. Freeman, Merton ; W. W. Wood,
University ; G. F. Henley, Oriel ; M. Brown, Trinity.
They will almost immediately go into active training,
and should any train off or go amiss there are plenty of
good men to put in their places.
From Cambridge the news is good. Mr. Kinglake's
task is by no means a thankful one. He has lost the ser-
vices of four or five tried men through " private," or, per-
chance, "parental" reasons, and is, therefore, confined to
seledion from a limited number. Mr. Steavenson has
joined him, and when ono of the men retires for Mr. King-
lake shortly, there will be five of the old crew in the boat.
They have a splendid eight, newly built by Mat Taylor,
of Newcastle, and will shortly use her. The wind is very
high, and the labour home excessive ; but the men are
cheerful and promise to be a very fine crew.
The following aro the names of the crow that rowed
from Searle's to Baitebite and back on Monday, and there
will probably be but one other change : —T. F. Jerwood,
Trinity Hall ; J. R. Selwyn, Trinity ; J. W. Bourke,
Trinity ; Fortescue, Magdalen ; D. F. Steavenson,
Trinity Hall ; J. Still, Calus ; H. Watney, St. John's ; W.
R. Griffiths, Trinity.

EARLY SPRING.—The severe storm of wind and
rain have been succeeded in Devonshire by weather as mild
and spring-like as any that can bo expected in April.
Everything is in keeping with the weather, the birds are
singing blithely, the buds are unfolding rapidly, and the
primrose, and other spring flowers are already very for-
ward.—Tiverton Gazette. _ _ _

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TIMES.—The prospect of a Government bill, to be
founded on the Report of the Capital Punishment
Commission, will probably secure for this great ques-
tion more attention than it has hitherto received in
this country. In Italy and other parts of the Con-
tinent, as well as in the United States, it has long
been recognised as one of national importance, and
certainly no other touches more nearly the interests
of society. Measured by the degree of alarm which
they produce, a few crimes like that of Muller, or
the agrarian murders peculiar to Ireland, amount to
an evil which it is difficult to over-estimate. Any
proposal which might tend to double their number
or to reduce it by half deserves the most careful ex-
amination on that ground alone, apart from all the
moral and philanthropical sentiments which may
attach to it. Not that we can or ought to exclude
altogether the influence of sentimental considera-
tions. The actual state of public sentiment is here
a material element in such a case, since upon this
depends to a great extent the efficiency of all penal
laws. We cannot but regret that after collecting
such ample materials on this branch of the inquiry
the Commissioners should have foreborne to enter
into what they call " the abstract question of the
expediency of abolishing or maintaining Capital
Punishment." That question was fairly within the
scope of their instructions, and, if not ripe for a
final solution, at least called for some deliberate ex-
pression of their opinion. Instead of this, a declara-
tion, signed by four members only of the Com-
mission, is appended to the general Report, now
published in full, with the evidence and some
valuable statistical tables. It is to the effect that,
in the opinion of the undersigned, Capital Punish-
ment might safely, and with advantage to the com-
munity, be at once abolished. The subscribers
are Dr. Lushington, Mr. Bright, Mr. Neate, and
Mr. Ewart, all of whom, if we mistake not, were
already pledged to a total abolition of the death
penalty. Mr. Justice O'Hagan declined to add his
name, doubting whether public opinion is yet ad-
vanced enough to make such a change desirable,
but he has recorded his conviction that the weight
of evidence and reason is in its favour. Now, the
weight of reason hardly admits of being tested by
any objective standard, but the weight of evidence
may be ascertained by an ordinary process of ba-
lancing. Happily, the commissioners have prefixed
to their report a compendious and well-digested
summary of the evidence taken before them, by the
aid of which our readers may form their own con-
clusions on this point. The first witnesses examined
were the Lord Chancellor, Lord Wensleydale,
Baron Bramwell, and Baron Martin. All testified
in the most emphatic way to the deterrent effects
of capital punishment, and deprecated its abolition
in cases of murder. Turning to the written answers
of eleven other English and Irish Judges contained
in the Appendix, we find that all, with the qualified
exception of Mr. Justice Shee, concurred in the
same view, and that Mr. Justice Shee based his
opinion, not on his own experience at the bar or on
the bench, but on the arguments adduced in the
work of Mittermaier. Though no one can have a
stronger motive than a Home Secretary for dis-
pensing with capital punishment, Sir George Grey
and Mr. Walpole declared themselves unable to
recommend the substitution of any secondary punish-
ment for "real" murders. Mr. Davis, the chaplain
of Newgate ; Colonel Henderson, who has been in
the West Australian convict service for the last
fifteen years; two Inspectors of Police, Messrs. Kittle
and Tanner ; Mr. Avory, the Clerk of Arraigns at
the Central Criminal Court; Mr. Fitzjames Stephen,
and Sir Mordaunt Wells, were all ranged on
the same side, though differing, of course, .on
many collateral questions. The opposite theory
was maintained by Sir Fitzroy Kelly, Mr. Denman,
Sergeant Parry' the Attorney-General for Ireland,
Lord Hobart, Lord S. G. Osborne, Mr. Tallack
(Secretary to the Society for the Abolition of Capi-
tal Punishment), Mr. Nissen, Professor Levi, the
Rev. J. Jessop, r. Beggs, apt. Cartwright, and
the Rev. W. C. Osborn. Without, for a moment,
intending to disparage the cogency of the reasoning
employed by these gentlemen, many of whom are
known to have devoted much time and thought to
the subject, we are not prepared to allow that the
" weight of evidence" preponderates in their scale.-
Indeed, if we add to the judicial opinions above
mentioned those elicited by a Select Committee of
the House of Lords in 1847, and recorded on pages
640-43 of this Report, we cannot help marvelling
how so many great authorities can ever have arrived
at the same conclusion, inevitable though it may
be. The example of foreign countries, to which
the Abolitionists appeal, does not appear to throw
much light on the matter. The truth is that few
experiments have as yet been registered, and
these have been tried but for a short time in coun-
tries of limited population. We do not gather
from Mr. Tallack's statements and the volumi-
nous papers contained in the Appendix that im-
prisonment or penal servitude for life has any-
where proved more deterrent than death. The
utmost that can be said is that as few throats are
cut under that system as under our own, but, as the
yearly rate of murders fluctuates very much under
any system, this result, unless obtained by a much
broader induction, can be worth very little. For a
similar reason the alleged increase of murders in
some years preceded by numerous executions proves
no more, even after the application of the proper
correction for growth of population, than a casual
rise in the rate of mortality after a period of sanitary
improvement. As for the presumption that because
the penalty of death failed to check sheep-stealing
it is ineffectual in checking murder, we can only say
that it is quite as absurd as the contrary presump-
tion on which our old criminal law was founded.
There are, we freely admit, many a priori and some
a posteriori arguments for the abolition of capital
punishment ; but there is one argument for its main-
tenance which, until confuted, will outweigh them
all in the judgment of most men. That argument
is that as death is known to be the greatest of
terrors, it must surely be the most powerful of
deterrents. To deny the former proposition is to
contradict the universal experience of mankind in
all ages and countries. To deny the inference is, to
say the least, a startling paradox, throwing an over-
whelming onus probandi on those who advance it.
Not the least among the inconsistencies into which
these so often fall is that of attributing to juries an
intense horror of inflicting death, while they assert
that criminals have no great horror of suffering it.
This fatal inconsistency betrays itself frequently in
the pages before us, if it be not inseparable from the
abolitionist doctrine. We have adverted on a former
occasion to the main recommendation of the report
—the division of murders into two classes, the one
capital, the other not capital. Such a distinction is
far preferable to the French plan of leaving to the
jury a power of finding a verdict of " Murder under
extenuating circumstances." The unanimity of the
witnesses against leaving this discretion to a jury
is very remarkable, but the reasons which they
assign are almost equally applicable to the alterna-
tive adopted by the Commissioners. It is proposed
that no murder, unless committed in connexion
with some other atrocious crime or " with express
malice aforethought," shall, hereafter be punish-
able with death, but in the latter case " such
malice is to be found as a fact by the jury.".
Will juries be less reluctant to find express malice
as a fact than to abstain from finding extenuat-
inglcircumstances ? If they are too prone to go
out of their way in favorem vita, will they reso-
lutely go out of their way to condemn a fellow-crea-
ture to death ? This is a question which Sir G.
Grey must answer if the Government Bill is to
embody the suggestion of the Commission. Very
serious objections are also likely to be urged against
the paragraphs recommending that the power of re-
cording sentences of death should be restored, and
that executions should take place before select wit-
nesses within the prison walls. At the same time,
many are naturally disappointed that several prob-
lems of great practical interest, and legitimately
arising out of that immediately before them, should
have been shelved by the Commissioners. It is
quite true that the policy of establishing a Court of
Criminal Appeal, of leaving the Reyal prorogative
of mercy in the hands of the Home Secretary, or of
amending the legal definition of insanity, affects the
whole administration of our criminal law. Still
these subjects, though intrinsically independent, are
intimately connected, for purposes of legislation,
with that of capital punishment. It does seem a
pity that,_having taken copious evidence upon them,
and having obtained on the two former a very deci-
sive, if not unanimous, expression of opinion, they
should have shrunk from the responsibility of giving
a verdict. No commission of inquiry need be afraid
of exceeding its functions, and no greater service
• can be rendered to the public than to relieve us, if
possible, from the necessity of "further investiga-
tion."

HERALD.—After a stormy and perilious passage
across the Atlantic, the Atrato reached Jamaica at
the close of the third week of January. We have
received by the return mail the first impressions of
a correspondent,who endeavours, an d will endeavour,
to transmit to us from time to time a faithful ac-
count of the progress of events and the state of
feeling in the island at this critical period. Our
correspondent was startled on landing in Kingston
by the luxurious manner affected by the black popu-
lation and the showy dresses in which they disported
themselves in the streets. He had been told that the
negroes were starving, and that very few had a rag
left to cover them. His experience corrected this, as
well as other false impressions derived from preju-
diced reports. He had heard in England that the
people in the island were inclined to make light of
the Morant Bay affair as a mere local riot. "If
Kingston represents the prevailing sentiment on
this point, the statement in question is wholly and

WORTHING, Monday Night.

During a very heavy gale from S.S.W. yesterday
afternoon, the lifeboat of the National Lifeboat In-
stitution was taken along the coast and launched to
the assistance of a brig which was ashore at King-
ston Cove. On arriving alongside, however, the
vessel was found to be abandoned, and the lifeboat
therefore returned to the station after an absence of
12 hours.

COUNTRY MARKETS.

BRISTOL—TuzernA Y.
At our market to-day there was a thin attendance, but
rather more business passing in wheat. Prices about the
same as last week. Barley and oats more inquired for'
Beans and peas inactive.

NEWCASTLE-TUESDAY.

Wheat trade steady. Both old and dry parcels of new
command fully Saturday's rates ; damp samples meet little
attention. Barley, beans, peas, and oats firm. Flour in
retail demand at late quotations.

LEEDS-TUESDAY.

More doing in wheat at advancing prices. Heavy bar,-
lays again rather dearer ; light qualities unchangeu•
Beans, oats, and other articles steady.
The average prices for the week ending;Yeb. 12 were
Wheat, 47s 61d per qr. ; barley, 888 71c1; and oatB,
26s Bd.

MELTON MOWBRAY.—TIIESDIY.
White wheat, 52s to 56s ; red, 45s to 52s per 36 stone•
Barley for malting, 33s to 37s per qr ; feed, 28s to 30s por
30 stone. Oats 22s to 89s. Beans, old, 48s to 52s ; new
40s to 44s per qr.

LIVERPOOL-TUESDAY.

To-day's market was fairly attended by buyers, and the
general tone was more cheerful than for some time past'
Wheat was in good demand at the full rates of this Of
week. Flour inactive, and steadier than on Friday. In"
dian corn 3d per qr. advance. Oatmeal, beans, and peas
all unchanged. Oats steady.

MARKET HARBOROUGH.-TIIESDAY.

Scarcely so much wheat as usual ; best sorts made late
rates, but runs were rather lower. Barley sold at advanced
rates. Oats maintained their -value.
Old white wheat, 50s to 55s ; new red 44s to 50s per 36
stone. Barley, fine, 38s ; other kinds, 29s to 32s per 30 old,
Oats, new, 22s to 275; old, 28s to 34s per qr. Beans,_
49s to 525; new, 42s to 45s per qr.

GAINSBOROUGH—TUESDAY.
A tolerable supply of wheat and good qualities `pare
fully as dear. Barley a small show and the trade firm s
more money for fine qualities.

A SHAM PASSENGER OF THE LONDON. —A Mall
calling himself George Main has been imposing on the in-
habitants of Glasgow by stating that he is a surviving Pas:
senger of the London, and he has in consequence received
a considerable sum of money. His accounts of the disaster
are represented to be of the most minute and harrowing,
description. The impostor, no doubt, seeks to represent
Mr. David Gavin Main, one of the three surviving Passen-
gers.
1

Births.
AINSLIE.—On the 12th inst., at 4, Heron Court, Richmond'
Surrey, the wife of Wm. G. Ainslie, Esq., of a son.
.4
CORBETT.—On the 12th inst., at Aston Hall, Newr„"
Shropshire, the wife of H. Corbett, Esq., of a darighlt.
limnput---On the 9th inst., at Lyme Regis, Dorset,

- wife of Captain Nichol], R.N., of -a
son.
TINLEY.—On the 11th inst., at Parkside, Princes-Park'
Liverpool, the wife of R. J. Tinley, Esq., of a son.

Marriages.
BUNBURY—DTYNCOURT.—On the 13th inst., at St. Georgl
Hanover-square, Henry Mill Bunbury, Esq., of Alarlstc:_
House, Berkshire, to Ellen Elizabeth, youngest daugtif
ter of the late Right Hon. C. Tennyson crEyncourt" °

Bayous Manor, Lincolnshire. at
FANSHAWE—HOPE-JOUNSTONE.— On the 10th ins'', rg,
Alderstoke, Colonel Charles Fanshawe,RoyalEngint%,"ii
to Anne Williamina, eldest daughter of the late ettlw—
Charles Hope-Johnstone, R.N.

Deaths.
BRAND.—On the 11th inst., at Tunbridge-wens,
Thomas Braude, Esq., DAIL R S &c., of the ItoYs'
Mint, aged 81.
Harrison,
HARRisox.—On the 12th inst., at Worthing, C.
of 39, Sackville str t, - eeLondon, aged 68. of
SFILLER.—On the 11th inst., Wm. Henry Spiller
scif
Grosvenor House, Highbury New-park, forrner: Col
lege House, Upper Holloway, aged 65. II 01
Simpsorsr.—On the 10th inst., at 11, Henrietta Villas,
John Simpson, Esq., aged 80.
TATHAM.—On the 10th inst., at Highgate, Thos. Tathasil
Esq., of 11, Staple-inn, aged 87.

. g f`4.
London : Printed and Pubifshed by WILLIAM AN •••-- 12,
of No. 112, Strand, Punter, at Trig. Surf Office, 14°;.. of
Strand, in the. Precinct of the Savoy. in the Counv
Middleim—Wednesday, February 14, 1866.