The Sun.
London, England, 1835-06-25 00:00:00

him, that he might TialWstifficient time and
opportunity to prepare for his detenee, and a more just or rea-
sonable request could scarcely be made. He (Mr. Hawes)
should now bring up the petition, hoping that the last request
would at least be granted, and, as a matter of form, he gave
notice that he should to-morrow move that Pilgrim should be
discharged.
Mr. GROTE rose to support the petition.
Mr. HUME suggested to the Hon. Member for the City
of London that the petition should be first read. He said so,
because from what had taken place since the commence-
ment of this business, it appeared that men of respectable charac-
ter had been concerned in defeat the purposes of public justice.
The question then.would arise, whether a Special Committee
should not be appointed to ascertain the truth of those facts.
—( Hear, hear.) Not only did these individuals appear to
be implicated, but men holding. the rank of magistrates in the
county of Norfolk had becothe involved very much in this mat-
ter, and a thorough investigation was therefore necessary.
lie hoped that the petition would be allowed to be read now,
is order that to-morrow the question might be brought fully
before the House. .

Mr. Neele that she had tint cuff'-red enough to prevent her
ti.orn committing a like offence. He called a _witness on one
side, and asked him particularly whether he thought she meant
to drown her Self, or it was only Pretence.
Cross-examined by Sir F. Pou.ocx.—Mr. Neele came
alone about six or seven o'clock. Mr. Birch and Mrs. Birch's
sister came in about an hour afterwards. Could not say how
they went away, as he had gone to bed. , His servant and
daughter attended Mrs. Birch.
Several letters were put in and read, and this closed the
case on the part of the plaintiff:
Sir F. Pot.i.ocx then addressed the Jury on behalf of the
defendant. It was no question for the Jury whether Mr. and
Mrs. Birch lived happily together, or whether Mr. Birch
was a fond and indulgent husband. Not a syllable had been
said against that ; indecd the defendant himself admitted it.
Mr. Necle had p.eae.ed not guilty, and he, as his advocate, un-
dertook to satisfy the Jury, that under the circumstances of the
case, it would be against all justice to find him guilty. If, as
had been stated, the union of Hr. and Mrs. Birch was
blessed with the approbation of both families, was it not singu-
lar that no witness had been called who was a relation to any
of the parties ? He was at a loss to know why, when Mr. and
Mrs. Birch separated in November, their household was divided ;
in common one firing with Mi. Birch fora certain period,
and then going to reside with Mrs. Birch, one :child residing
with its mother, and after a certain period going to live with
its father; and strange to say the two servants, theone residing
with Mrs. Birch, and the other vvith Mr. Birch, were the only
two witnesses to prove this singular case. It was singular
also, if Mrs. Birch had been guilty of that with which she was
charged, that Mr. Birch allowed their children alternately to re-
side with their degraded mother. Allthat was important to Mr.
Neele was whether the verdict was for the plaintiff or the de-
fendant, as it would drive him from the honourable profession
of which he was a member, and -would send him forth a vaga-
bond without friends on the face of the earth. The amount of
damages was not what Mr. Neele dreaded—he feared the loss
of that which was more valuable, namely, the Joss of his cha-
racter and station in life.
The Learned Counsel having concluded his address to the
jury on behalf of the defendant, the Lord Chief Justice
summed up the case, and the jury had not returned their ver-
dict when we went to press.

Mr. WARBURTON thought with the Hon. Member for
Middlesex, that the appointment of a Committee would be
by far the most convenient course. If these prisoners
were brought to the bar of that House to be examined,
lie would suggest that the House should meet at twelve
o'clock to examine them, in order that they might not inter-
fere with the important public business then before them.
Mr. GISB 0 RNE— If the House examined those prisoners
at the bar, they would adopt a course that had never been
adopted before. In every case they were heard by petition and
not by a vivi voce examination, and they that should be,l.ought
to the bar simply to be reprimanded and discharge He
agreed with the Hon. Member for Middlesex, that a committee
ought to be appointed to investigate the circumstances of the
case, and he thought that this would be a much superior course
to examining the parties at the bar of the House, even if there
was a precedent for that purpose.--(Hear, hear.) He would
not throw any impediments in the way of this motion—
indeed, he would be very sorry if the motion were not
adopted, as otherwise to-morrow being Friday Mr. Pilgrim
would necessarily be detained till Monday ; and under the cir-
cumstances of there being an action pending against him he
would be glad when the petition was read if the petitioner
were discharged.
Mr. "WA SON concurred in the prayer of the petition,
under the circumstances stated by the Hon. Member for Lam-
beth.

- _
IMPERIAL PARLIAMENT.

HOUSE OF COMMONS, JrNa 24
AFFAIRS OF SPAIN. •
( Concluded from our Second Edition of last night.)
Lord MAHON He really, count not but
wish that the Noble Lord had on this occasion allowed him-
self to be.guided by the opinion of the. Noble Duke who pre-
ceded him in office. If there was one opinion which the Duke
of Wellington had expressed in those official dispatches which
were under the cognizanse of the Noble Lord—if there was
one feeling which more than another the Noble Duke had ex-
pressed, it was his aversion to all foreign intervention in the
affairs of Spain. He wished now to call the attention of Hon.
Members to an authority which he was sure would have great
weight with them ; and he had the greater pleasure in refer-
ring to it because it consisted of a passage which was expressed
in such beautiful language as would, he was sure, excite the
admiration of the House. The passage in question he should
quote from a speech delivered in this House by Lord
Palmerston on the 30th of April, 1e23, upon the occasion
of a motion made by Mr. MacDonald respecting the negotia-
tions relative to Spain. The Noble Lord said—" But an
objection had also been taken to the chaneel through which
this advice was tendered. He differed entirely from those
who urged such an objection ; and he could not but think
that the choice of the Duke of Wellington as the person by
whom this advice was to be given, was most delicate towards
Spanish feelings, and most consistent with regard to Spanish
honour. if there was any man in Europe from whom advice to
Spain would flow free from the remotest taint of suspicion,
and might be taken by all Spaniards as dictated by the sin-
cerest regard for Spain, it was the Duke of Wellington. It
is often said, that nothing creates so strong an affection as the
consciousness of benefits conferred. If ever there was a
man who conferred upon any nation benefits which should call
down blessings on his head from every voice, from the
lisping accents of infancy to the tremulous benedictions of
age, that man was the Duke of Wellington—that nation
the Spanish people. It is also true in the principles of
human nature, that man loves the theatre of his glory and
the companions of his triumphs. The proudest laurels
which encircled the brow of the Duke of Wellington were
gathered in the sterile and unfruitful field of Spain ; it was
in the provinces of the Peninsula and surrounded by its co-ope-
rating population that he displayed those various qualities
which form the character of the unconquernd general and
the consummate statesman—characters which, rare in their
separate existence, are uncommon indeed in their union in the
same individual ; it was there that he established that imperish-
able fame that will last while history endures.. Was it in
human nature that the Duke of Wellington should not take
the warmest interest in all that concerns Spain and the Spanish
people ? Was it possible that they should not feel, that advice
from him came as free from suspicion as from the best pa-
triot in Spain • and could they suppose that the man who
had rescued Spain from subjection, and washed out from
her soil the pollution of invading footsteps in the blood of
the defeated invader could counsel Spain to dishonour ?"
eRIM. CON.—BIRCH V. NEELE.
1 The Noble Lord went on with some remarks most strictly ap-
(Concluded from our First Edition.) plicable to present circumstances. " Had we engaged in the
Cross-examined by Sir F. Pou.oce.—Told Mr. Birch at war, it is by an army alone that we could have given effectual
the first meeting that she believed Mr. Neele was in her mis-
assistance ; and from the first moment that an English soldier
tress's room. Her master would not believe it. Witness said
set foot on the Peninsula, we should by necessity have become
that she was sure that she had heard her mistress's door shut, principals in the war, and upon us would have fallen the
but did not recollect that she had said it was bolted. Did not whole burthen of the contest ; for we must have sent a
say that clean sheets had been put on the bed, as herself and large army or none at all. To have sent a force so small
fellow servant wished to say -as little as possible. Had as to depend upon Spanish co-operation and support, and
said that she had seen a kindness on the part of Mr. Neele not large enough to act independently, and to stand
which was not right. That he came often when Mr. Birch upon its own resources, would have been to expose us
was not at home. Had never said that she had seen Mr. Neele to the certainty of defeat and disgrace, and wilfully to
cross over to her mistress's room. Had said that she was sure drag in the dirt the laurels -we gained in the lest war."
Mr. Neele was in her mistress's room, though her mistress po- He admitted that this passage applied to regular, and
sitively denied it. Had no reason for saying she was sure of not to mercenary armies ; but unless the Noble Lord would
that, except the door being shut. Mr. Birch asked witness say that the proposed expedition was not undertaken with the
why she -was sure her mistress was with Mr. Nude, but did sanction of the Government, he could not conceive that there
not recollect -what answer she gave. Did not recollect was any great difference in effect. The Noble Lord concluded
any thing else that passed between them. Her mis-
with a motion to the effect that there. be laid before the House
tress and the witness had had a few words. "Witness a copy of the Order in Council exempting his Majesty's sub-
said that she was uncomfortable. Her mistress asked her what jects who may enter the service of the Queen of Spain from
she was uncomfortable about ? The same night her mistress the provisions of the Foreign Enlistmeno_Aet ;. and also copies
told the circumstance to Mr. Birch, and witness and her fel- of all communications on that subject which may have passed
low-servant were called into the parlour before her and Mr. between his Majesty's Ministers and the Minister at this Court
Birch, to explain the reason of her being uncomfortable. of the Queen of Spain.
Another meeting took place either in December or Ja- Viscount PALMERSTON should willingly give his sup-
nuary. Mr. Neele then said that she had told the port to any motion, such as that of the Noble Lord, which
master that he had been in their mistress' room, which tended to lay more fully before the House and the public the
he most positively denied,—and, upon witness attempting nature of the transaction to which those papers referred—the
to speak, she was prevented from doing so. Mr. Neele gene- grounds on which' it rested. He was glad that-the Noble Lord,
sally dined at her masters' on Sunday, and leuehed generally in the beginning of his speech, bad • cleared away in some re-
once or twice a week. Her master was sometimes at home spects those points on which a difference of opinion might have
on those occasions, and sometimes not e but he was not aware been supposed to exist between them, -and that he had
how long he stopped. Mr. Neele had slept at the house since stated it not to be his intention to question either the le-
July, when her master and mistress were absent. Mrs. Birch gality of the Order in Council, or the poliey- of the treaty
left the Rectory in November. , Mr. Neel was very popular, of the Quadruple •Alliance. At the same time, he (Lord Pal-
very regular in his attendance upon the Church, very attentive merston) must be permitted to remark, • that holding. as he
to the poor, and was, thought very highly of. did, that the measure under discussion greW out of that
Re-examined by Mr. PLATT—Witness told her mistress she treaty as its natural consequence, and , was conceived
was uncomfortable. Her master, who was present, asked the purely in the spirit of it, he could ' not but express his
reason, when witness said her mistress knew the reason. surprise that the Noble Lord should ' abstain from ques-
To which her mistress replied, she might tell her master all tioning the policy of the treaty, when he. had so strongly
about it, ,as she could fight her own battles. Witness condemned the policy of that measure which he ( Lord
said she would not, as she did not wish to make them Palmerston) looked on as its corollary.—( Hear, • hear, hear.)
uncomfortable; the mistress insisted that she would tell all He was glad to have then an opportunity, which circum-
she knew before she left the room. Witness said she would stances had deprived him of on Friday evening, of giving his
not, unless her fellow-servant was present. Both Mr. Birch testimony to the policy of the convention signed by Lord
and Mr. Neele assisted in administering the Sacrament. Eliot and Colonel Gurwood, and of saying that he thought
Mary Blowes, who was examined by Mr. BROWN, corrobo- it redounded highly to the credit of ' the Government by whose
rated the statements of last witness. Had left the Rectory instructions it had been proposed, and regarded it as an act
about seven months, and had been living with Mrs. Birch at of which they might be proud, as one•• advantageous to all
Holloway. parties concerned.—(Hear; hear.) He •was .equally ready to
On cross-examination by Sir F. Poeeocn, the witness stated bear testimony to the fair, sincere, and honourable manner in
that one of the children was sometimes with Mr. Birch, and which the late Government conducted the foreign relations of
at other times with Mrs. Birch. Had told Mr. Birch that this country in reference to the contest in Spain, and the exe-
she had suspicions with respect to her mistress and Mr. Neele. cution of the Quadruple Treaty. The Noble Lord had quoted
Re-examined by Mr. PLATT—Had conversed with Mr. from a speech which he (Lord Prlmerston) had made on a
Birch upon the subject only once, when Mr. Neele was not former occasion, a passage in which he had stated the opinion
present. Had always stated the same account. which he entertained, to the effect that the Duke of Wel-
Mr. John Williams resided at Hackney. Was a clerk in lington was, from the services which he hed'rendered to Spain,
the Bank. of England. Knew Mr. and Mrs. Birch before peculiarly entitled to be the counsellor of Spain in the hour
they were married. Before residing at the Rectory Mr. of difficulty, and must be looked upon as one who had the
Birch lived at Mr. Lushington's. Mr. Birch was married interest of Spain at heart. He (Lord Palmerston) had not
to Mrs. B. in about fifteen months afterwards. They appeared altered in one iota the opinions expressed in that speech,
to live on terms of affection with each other up. to 1833, when and what he had seen of the records of the Office over which
Mr. Birch appeared in a distressed state of mind, and requested lie had the honour to preside, relative to the manner in which
witness to call upon Mr.- Neele ;he did so, when that gentleman the Duke of .Wellington had acted in the - execution of the
stated he was guiltless of any criminality, for Mrs. Birch had engagements of the • treaty of the Quadruple Alliance had
come to his bed-room,, and he felt surprised at ending a person in only tended to: convince hint the more that the Duke of
bed; when,he found it waseMes. Birch be clasped her to his Wellington had the interest of Spain at heart, because
bosom, but recollecting hirneghejumped out ef bed, and begged they. he'd shown him that that INoble Dukes had acted with
of her to leave the room. 'Witness urged him to leave the pa- the strictest good faith, sincerity, and honour in • the execu-
rish immediately. He afterwards called at witness's house, tion of that treaty,- whatever might have been his opinion on
where he was received coolly, and stayed only a few minutes- the policy of originally framing it. That testimony he felt
Upon leaving, witness accompanied him to the door, when lie bound to hear, not only because be had been appealed to by
stated that he felt hurt at being received coldly by Mrs. the Noble Lard, but because he conceived it to be his duty so
Williams. Witness said he could not be surprised at that, to do from the situation which be had the honour to hold._
for Mrs. Williams had only that day heard of the reports ( Hear, hear.) Knowing, then, from these records what were
in circulation.; .He asked witness what he would advise him the opinions of the late Government on the present question,
to do, when witness said he could give him no other advice it was not without some surprise that he had heard opinions of
than to leave the parish, to which he , made no reply. so different a nature implied, if not expressed, by the Noble
"Cross-examined by Sir F. POLLOCK--7Witness called upon Mr. Lord who had then belonged to that Government. ' For an
geele, in consequence of the ill feelings that seemedto exist be- though the . Noble Lord had expressed ea tender anxiety lest
tween him and Mr. Birch. Witness did not know the cause of the number of troops should • be' insufficient, lest their pay
the difference,. but he advised him, if he could not agree with should not be adequate, and lest officers should be discouraged
Mr. Birch, to leave.the parish. At another time, whims witness from entering into the service of the Queen of Spain by ap_
erged Mr. Neeie to leave thnparish,,hte said he could not do prehensions that they would -not ,be included within the limas
so without having the whole matter enquired into, or it would of the convention, and although he seemed to tremble with
be a confession of guilt on his part. Witness had no commis- alarm lest.hii• Hort. and Gallant Frien-tr(tOl. Evans) should
sion from Mr. Bit cli to endeavour to persuade him to leave the not possess rank through to give-bin the authority necessary
parish. Believed• Mr. Neele made it apoint of honour to stay in to enable him to carry the undertaking in which he was about
the parish. . to embark to a successful issue,-and although any one who had
George Holland, examined by Mr. Beowe—was a butcher, heard the expressions of the Noble Lord might suppose him to
residing at Lower-road, Islington. In August last assisted in be really noxious fOr the success •ef the cause of the Queen of
getting a female out of the New River. His father was with Spain, yet the impression on his (Lora P.'s) mind was this, that
him. Took her to Mr. Smith's, the nurseryman. if the results should be adverse to her cause, the Noble Lord
George . Smith, a nurseryman,,, . saw . Mrs. Birch after would not be found amongst the greatest mourners on that
she was taken out . of the water, inquired who she occasion.__( Laughter and cheers.) The Noble Lord indeed
was, and whom she wished sent for e She gave witness had been not merely expounding his own opinions, but had un-
tbseen et eof Mr. Neeleeter.-All} sent- to - Shof-Wm tdesnekAin -say-what 'menthe impiniimplPf thri'D`*6-'61.13W1e1-t,
vaout i , , .11V licakiebtoA II . flitki6dl,Hfintilo44itnu4lo rOgitpq gpd en t titikTeektee enieeeti ill SR tO titd!iflattistb
. d recor( gof perso.n wouldthink h '
. a cliarge
I:4°l*C ThAr illee' 1st:: diliatitKiltinga"Zesieaiirrstiettiligrovailiditkklcon,co, iittiltirrt Titpoei:aiibett,nbrd•V4Pol44Y/611 i'aYl:trf:44:ll:l:::::tetkG3Mrnllotbasirrhve:ll:lon''
m ul -them, an, res),r,oacli
001.14_ 0
i4ste
Intieffat.Au)TtaityneLdri;trtrse
'44liehtllatlFtiti.,€.l:t i''i44lllll:foillirilttnnnothtrribWl6ll:::lll!Saidosl:74ll4::Riga46#l4l49"644lPried.v a3411k81
toht WAfrrPit t
con --A ;nab( -
in
of the Duke of NeVelall '4
" constilted ti,e s.lit'ltlWcll:iudll4l tal-d""64t4tlll4we i----
-wash
Intile:atti:e(4l-1.1
Oetfeep gissit gle, I kiritiotittika itovt, plea Yti*Aslogbt qt.Xorreitt *iiins(illpf4 kriliptrt )fi,st thgvechliik(ofe
mil a Alkali; hVrialuditof wiliggird,rtal tkewpret theseep i4e, 'mei ,(0,-q& in. bottliwiti9p„fa P- 'dtiflrill4rfshnichdt
s ewe te „re
t7e6l e,
It th 3
Inalliclie itt:t LalieW 43i ieeleeoeeitAl. &ill of7elP6authltyUPeistirbeklol ptnettlifilifil ;let!
,
readfully affected.?—S- Hear. )
ngtoni as in some instances'recorded knew 0.. f no s '
that h part of the Deice (f W • g
onourahle to him than ' Pilln
t()
a h i n that we' • leh he held
:111:13.e•
yria•:v4ttiehi'lh:oltiitsiqq4-Tieflitleiortie,c,tistleti,4ll.

The question, that the petition be printed with the Votes,
was then agreed to.
On the question being put, that Mr. Pilgrim be brought to
the bar of the House to-moi.row, _ _

Lord JOHN RUSSELL was understood to object to the
p,:titioner being brought up to-morrow, as there so much pub-
lic business.

Mr. HAWES thought that if the Noble Lord had been in
the House, and had heard the circumstance of there being an
action against the petitioner, he would not object to the motion.
Mr. WILES reminded the House that even supposing Mr.
Pilgrim was detained till Monday, he would still have five
vr.:,,,ks to prepare his defence against this action.
AQLIONBY—Wien other persons were in prison,
they were Ha u.,uatly kt out so easily. The simple grout
stated by the Hon. Member 'did not, in his opinion, weigh
much.

Mr. HUME recommended the Hon. Member to postpone
h.s motion till Tuesday.
Mr. STUART presented u similar petition from Mr.
Dacent professing his readiness to appear at the Bar of
t. ,e House to answer any questions, and praying for
his discharge. The Hon. Member thought the best course to
adopt would be that. which was taken in the Cainelford
case in 1819, in which a chemist, who had been
summoned to attend the.., bar of the House, had
absconded. In that case, upon the parties giving an under-
taking to appear when called on to be examined, the House
discharged him.
Sir GEORGE CLERK was inclined to concur ih the
course proposed by the Honourable Member for Lan-
caster.—( Hear, hear.) The question was, whether these
rallies had not already suffered sufficient imprisonment
for the offence of which they had been guilty. Generally in these
sort of cases the course had been that the person offending
should be called to the bar next day, reprimanded and discharged
Mr. KEARSLEY then moved as an amendment, that all
the persons now confined in Newgate, in consequence of the
Report of the Ipswich Committee, should be brought to-wor-
row to the bar of the House, reprimanded, and discharged.
The SPEAKER put the question, when--
An Hon. AIEMBIR gave notice that to-morrow he should
present a petition from Messrs. Sewell and Blake, denying all
the statements that had been made with respect to them.
Mr. WYNNE suggested that the motion and amendment
should be withdrawn, in order to afford an opportunity of pre-
senting any other petitions on the subject.
Mr. STEWART thought that the petitioners had already
suffered sufficient imprisonment to assert the dignity of the
House. He should therefore make the same motion on behalf
of Mr. Decant as the Hon. Member for Lambeth , had done
with respect to Pilgrim.

.(LEFT SITTING.)

COMMON PLEAS.-THIS DAY.