The Sun.
London, England, 1835-07-25 00:00:00

THE SUN, LONDON, SATURDAY, JULY 25, 1835

Maria Miller, her daughter. Maria Miller was included in the
indictment, but the Grand Jury ignored the bill against her.
She was also indicted on the Coroner's inquisition, but there
having been some informality in taking the depositions, the
Learned Judge held that she could not legally be placed ou
her trial, and therefore directed that she should not be placed
at the Bar. Sarah Miller, the grandmother of the child,
pleaded not guilty.
The Learned Judge summed up, and the Jury, having con-
sulted together for a short time, returned a verdict of Not
Guilty.

MIDLAND CIRCUIT.—NOTTINGHAM, JULY 16.
The Judges arrived in this town as early as eleven o'clock
this day, the assizes for Lincoln having finished yesterday af-
ternoon, not a single case of the least public interest having
been tried in either Court. The calendar here is light, and
the cause paper expected to be unusually so.
The only case of any interest that occurred to-day was the
following one of manslaughter:—
J. Calah, aged 29, was charged with having been aiding
and assisting in the slaying of Joseph Lapton.
The Jury found the prisoner Guilty, but recommended him
to mercy ; and—
The Learned JUDGE, in consideration of his having been in
prison since the 7th May, ordered him to pay a fine of is. and
be discharged.

NORTHERN CIRCUIT.—YORK, THUI?Sadr.
TITLEY AND OTHERS, V. HURST.

The plaintiffs in this cause arc Messrs. Titley, Tatham, and
Walker, extensive flax spinners at Leeds. The defendant is
Mr. William Hurst, the celebrated cloth manufacturer of the
same place. The declaration charged the defendant with
having erected a high wall so close to the mill of the plaintiff,
as to exclude both the light and the air from a great number of
the windows. The defendant pleaded, first, that no light or
air ought to enter by those windows ; and, secondly, that
what he had done, was by the leave, and licence of the
plaintiffs.
Verdict for the plaintiffs, subject to referees.
HUDSON V. SHAW.

This was an action brought by the cashiers of a joint-stock
bank, to recover the sum of 2661. against the defendant, Mr.
Isaac Shaw, being the balance upon a bill of exchange of
which he was the acceptor. -
His LORDSHIP thought the plaintiff was entitled to recover
the balance upon the acceptance, and the Jury found a verdict
for the plaintiff—Damages 1971.

BEDFORD.—M the case of the Ampthill rioters, who were
found guilty of remaining in a state of tumult for an hour after
the Riot Act had been read, judgment of death was ordered
to be recorded.

POLICE INTELLIGENCE.

GUILDHALL.

Yesterday a young man, named Henry Sergeant, formerly
a clerk in the employ of Mr. Houghton, wholesale oilman,
Bartholomew-close, was charged with stealing Bank notes,
gold, and checks to the amount of 4491.
. .

Several witnesses were examined in support of the charge.
The prisoner wished to be remanded, to obtain professional
aid.

Mr. Alderman LAIN-SOY, however, said such adiice must be
useless where the case was so clear. He had committed a
grievous offence, and he must send him to take his trial for it.
The tears fell from the prisoner's eyes when he was removed
from the bar, and he was committed to Newgate.

HA TTON- GARDEN.
Robert Goldsmith, who stands fully committed to Newgate
for trial, on a charge of stealing a silver table-spoon, the pro-
perty of the Right Hon. E. Ellice, M. P. for Coventry, was
again brought before the Magistrates, charged by Mr. Carden,
of No. 32, York-terrace, Regent's Park, with having stolen a
silver table and dessert spoon.
Mr. ROGERS should remand the prisoner on this charge until
Wednesday next, and ordered the butler to bring forward the
whole of the servants on that day, to ascertain if they could
identify the prisoner. He also directed that Mr. Keyzer, the
silversmith to whom the spoons were offered for sale, should
be in attendance.

The prisoner was much affected while at the bar, and con-
cealed his face from public view.
Sarah Waite, a girl about IS 01'19 years of age, was finally
examined, charged by John Boddy, Esq., of No. 12, Cole-
brook-terrace, Islington, with stealing six bottles of wine.
Mr. Flower, solicitor, of Hattoa-garden, attended for the
prisoner, and Henry Fry, her paramour, was also in attendance.
Mr. Boddy, on Tuesday last, left home, and on his return
about nine o'clock in the evening, he found it impossible to
get in, although he knocked at the door several times. At
length he climbed over the garden-wall, and on opening the
door he called in an officer, and they found a gentleman in
the prisoner's bed-room. He had missed six bottles of wine
from the cellar, and on proceeding to search the house, under
the impression that thieves were in it, they found a bottle and
a half of wine in the kitchen. She informed witness that she
had found the key, and that the bottle and a half was taken
out of the cellar, and the other part was in the back kitchen.
Mr. Flower—Did you not promise to forgive her if she
would tell you the whole truth ? Mr. Boddy--I did not.
Mr. Flower—Was not the gentleman who was found in
your house in the habit of visiting there ?
Clerk—Will an answer to that question do any service ?

Mr. Flower—l only wish to know.
Mr. ROGERS—You may have it answered, if you wish to
implicate him. (To Mr. Boddy)—Was he there on Tuesday
night by your authority ? Mr. Boddy (emphatically)—Most
certainly not.

Mr. Plower—Did she not say that Mrs. Harvey took the
wine from the cellar ? Mr. Boddy—She did.
Mr. Flower—Who is Mrs. Harvey ?
Mr. ROGERS-Why, the charwoman. The prisoner said
here that Mrs. Harvey took the wine from the cellar.
The prisoner was then committed for trial.

WORSHIP-STREET.
A communication was made to the sitting Magistrate, Mr.
TWYFORD, of an attempt on the part of Jentima Francis a
young woman about twenty-three years of age, servant of Mr.
Oakley, at 28, Haberdasher-street, Holton New Town, to
murder her newly-delivered offspring, the fruit of an illegiti-
mate intercourse, by throwing the poor infant into a water-
closet, where its cries, prolonged for some time, were at
length heard, and it was providentially saved, and is now doing
well in the workhouse. The wretched mother is now con-
fined to bed by illness in her master's house, and will be re-
moved to prison as soon as her health will permit.

SPIRIT OF THE PUBLIC JOURNALS

We could do no more yesterday than announce that after
protracted debate, in which every possible argument that
could be brought forward on either side of the question,
would seem to have been urged ; yes, in spite of the " fer-
tility of objection to popular measures," as the Times has
it, of Sir Robert Peel—in spite of the chicanery of Goul-
burn, poorly attempting to follow in the track of the skilful
leader of " His Majesty's Opposition"—in spite of the win-
ning ways and convincing demonstrations of the ever-to-be-
lauded and consistent Walter—in spite of the alarmist
warnings of the Cumberland Baronet, and the unparliamen-
tary menace of the Lancashire Lord, and would-be leader
of a Government in futuro—in short, in spite of the oppo-
sition of ultra and moderate Tories, Tory-Whigs and
Renegades both Whig and Radical, the Ministerial mea-
sure, which affords one more chance for the preserva-
tion of a Church Establishment in Ireland, has
again received the deliberate sanction of the repre-
sentatives of the people. Let any one carefully
investigate the provisions of Lord Morpeth's Bill
and peruse the masterly and argumentative speeches
in support of it by the members of the Government, by
Mr. Spring Rice and Lord Howick, by Lords Morpeth
and John Russell ; and let him calmly ponder on the actual
state of things in Ireland, and the future prospects of the
Ministers of the Church in that country, if no conciliatory
measure be adopted ; and then let him honestly declare
whether or no this be a measure brought forward in a spirit
of enmity to the Established Church. It is as Mr. Pusey
acknowledged, a measure of security, a boon to the Church ;
and those- persons are the real enemies of the Church,
who now make .a stalking-horse of her claims to procure
their own return to power, and, with a reckless disregard to
her real and permanent interests, would peril her exist-
ence upon the maintenance of exaggerated pretensions
—pretensions resting on an unsound and delusive basis,
and adhered to only for factious ends and narrow

party purposes. The real interests of the Church
and its ministers are involved in the speedy -set•
tlement of this delicate and complicated question. The
selfish interest of Tory Lords and Commoners are served
by procrastination and postponement. The country asks
for peace, and is willing to make a large sacrifice to secure
its blessings to that distracted country, where Tory machi-
nations and Tory misrule have ever been the real agitators.
All parties, Catholics, Dissenters, Liberal Protestants, are
willing to accept a measure of mutual concession and me-
diation from the hands of an honest and a liberal Govern-
ment. But these aristocratic agitators cannot bear to see
the game of power taken out of their hands—the Church
question settled, and Ireland reposing in tranquillity, and
their whole occupation is gone. No more bugbears of
" No Popery," " Church in danger," in town and in coun-
try—in Exeter Hall and in Westminster Palace. _ Re-

form—hated Reform, pursues its measured step, and the
choice and favoured places of corruption yield before its
cautious, but resistless career. Hence it is that heaven
and earth are to be moved against a liberal and reforming
Government, and the timid and pious are to be alarmed and
gained over by professions of devotion to religion, and de-
nunciations of imaginary dangers with which it is threatened.
Were these parties attached to the Christian religion in-
stead of a mere political Church (which is the light in
which they always regard these matters) they would be
most anxious and earnest in devising a conciliatory settle-
ment of this Irish question, and would try to soften down
and meet the difficulties' which necessarily arise from the
attempt to maintain a Protestant establishment among
a people, the immense majority of whom are devotedly
attached to another form of Christianity. They would
look upon the question as it really stands, and
not make it the perpetual arena for displays of
unchristian bigotry, and rancorous party hostility.
However, the Bill may be now said to be secure, as
far as the Commons are concerned, if liberal members are
but firm to their purpose, and constant in their attendance ;
and we may contemplate its going up sound and unmuti-
i lilted to the House of Lords. But we are told and taunted
by my Lord Stanley that the Bill shall not pass—hence we
must infer that it is to be discarded and rejected by the
Temporal and Spiritital Peers ; but however Lord Stanley
may think proper, in the exercise of that rare discretion
with which lie is gifted, to give utterance to this very states-
man-like and :constitutional menace, we think that we have
no right to presume that the Peers will do so very foolish
a thing as that suggested to them by this Tory-Whig re-
presentative of the liberal house of Derby. The Peers
must know upon what a precarious footing they would
stand, when it came to be known that their privileges were
an insurmountable bar to the passing of liberal measures,
however necessary to the public safety. They ought not,
in times like these, to put forward those privileges
as a barrier to conciliation or improvement, and to repre-
sent these privileges, however abused, as being irrevocably
entwined with the prerogatives of the Crown, forming to-
gether a gordian knot, which all the skill and the patience
of a united people cannot untie. Is there danger to the
parties themselves from such a course ? People will ask,
why should a Tory majority in the House of Lords be suf-
fered to have the exclusive government of the country in
its hands ? Why should a number of individuals—the
majority of whom were raised to the Peerage under suc-
cessive Tory Governments, be allowed to remain unaieu-
tralized by any accession of Liberal Members to their
Lordships' House, and existing as a partial and prejudiced
body—alien to the interests of the people, and hostile
to their improvement. We hope, however, that the
Peers have more prudence than some would as-
sign to them. But we rely upon the discretion, the
firmness, and the wisdom of his Majesty's Govern-
ment ; and we trust that, supported as they are
by the people, they will not allow taunts, or menaces, or
stratagems of any kind, to turn them from that plain and
straightforward course in which it is both their interest and
their duty to move. The Tories must find some other party
stake than one on which the immediate peace of Ireland
and the ultimate security of the whole empire depends ;
for the welfare and prosperity of the kingdom is not to be
sacrificed to the pretensions of individuals, whose exclusive
privileges are only to be defended by showing that they work
well for the public good. In vain have we a Reformed
Parliament, and a liberal majority returned by the people
in the Lower House, in spite of the enormous amount of
undue influence which still exists, if a constant Tory
majority in the Upper House, owing their scats to
Tory Ministers, responsible to no one, and imbued
with all the partialities and prejudices of Toryism, is
to be suffered at its own will to mutilate or reject
every liberal measure which is thrown in its way. This
is the language of plain common sense, which no legal so-
phistry or constitutional quibbles can explain away ; and
the Members of the Upper House of Parliament ought to
weigh well the consequences of the course which imprudent
zealots would rashly assign to them. By the way we may
remark, that the threat of my Lord Stonley is somewhat in
contrast with his former notions of constitutional policy.
The House of Lords was held out as a bugbear to the
Commons, in 1828 ; and the Wellington and Peel Admi-
nistration of that period were recommended then, as now,
because they were to carry the Peers along with them ; but
what said Mr. E. G. Stanley on the subject ? Mr. Stan-
ley is reported to have said, on one occasion (April 22,
1828), " He had heard much in the course of the debate
not only of the expediency of Gentlemen yielding up their
opinions to their colleagues, but also of the House
yielding up its deliberate vote to the other House
of Parliament. The argument might be very well for official
personages, but ought to have no weight with a British
House of Commons. The House of Commons ought to
send every measure up to the House of Lords in the shape
which it deemed most advantageous to the public. It was
for the House of Lords to suggest any amendments which
it deemed expedient upon such measures, and then it was
for the House of Commons to decide whether they should
deviate from the line on which they had at first proceeded,
in order to pass a particular measure, rather than no mea-
sure at all upon any particular subject. That he appre-
hended was the course for the House of Commons to adopt,
anodmtmhaotns will,
was the course which he himself would rigidly ad-
here to." That is the course which the reformed House of
Commons
no doubt, rigidly adhere to, and it will then
be seen whether the other House will take upon itself the
tremendous responsibility implied in the rejection of this
great and important measure of safety to the Church, and
good-will to the people of Ireland.—Morning Chronicle.
With no disposition to screen any of the parties engaged
in the Ipswich election, we are decidedly adverse to seeing
the House of Commons hand over the whole of its power
to Committees, or coming to the absurd conclusion of the
Honourable Member for Middlesex, that the House is
bound to adopt the recommendation of a Committee,
without first so much as reading the evidence ; " or else,"
asks the Honourable Member, " what can be the use of
appointing a Committee ?" There is one very obvious
Parliamentary answer to this, viz., that they are only the
decisions of Committees. Those on contested elections,
which can or ought to be final, are made so by law. Com-
mittees are evidently resorted to as an easier and more
effectual way of getting at facts than can be accomplished
by the House in its collective capacity ; but even Com-
mittees of the whole House, though constituting a stage
through which every Bill must pass, have no ultimate ef-
fect beyond reporting to the House, which confirms, alters,
or re-commits such reports as it may see fit ; and were the
_time ever to come when Mr. Hume's doctrine of the infal-
libity of a Committee were to be admitted, adieu to those
high privileges of the House of Commons, with which the
liberties of its constituents are so closely interwoven. But
this conies of losing sight of great landmarks and princi-
ples, when the mind allows itself to be influenced by party
feelings, by strong resentments, or temporary expedients.
The grand maxim of Strike, but hear," which has been
handed down for aces, cannot be too often brought to the

minds of those whose duty it is to inflict either punishment
or disgrace. It is the hasty vindictive sentence which takes
from justice its most powerful influence—its hold upon the
respect and awe of mankind.—Morning Herald.
The debate upon Sir R. Peel's motion having been
brought to a close on Friday morning, and negatived, it
may be expected that we should say a few words upon the
result. That it has surpriSed or disappointed us we cannot
with truth affirm,- because we well knew the nature, though
not precisely the number, of the reasons which the Minis-
terialists would be able to adduce against the motion. We
published them all yesterday—" Tellers included." We did
not, however, classify them. It appears that there were
64 Irish in the majority and 35 in the minority, so that the
majority of Irish was 29. Of the Scotch there were 32 in
the majority and 16 in the minority, so that the majority of
the Scotch was 16. There were, therefore, in the majority
against Sir R. Peel's motion 45 Scotch and Irish members.
The gross numbers, it will be recollected, were 319 and
282—majority 27. But these reasons will go forth to the
Protestant inhabitants of the kingdom, accompanied by
the speech of Sir Robert Peel,—that speech in which
the Right Hon. Baronet most truly declared, that if ar-
gument and justice could prevail with the House of Com-
mons, it would not refuse to accede to his notion,—that
speech in which he expressed his well-founded apprehen-
sion, that false pride and false delicacy would prevent a
majority of-the House from retracing the false steps it had
made in passing resolutions, founded upon erroneous con-
clusions, and got up for party purposes—although the error
of those conclusions had been demonstrated, and the selfish
ends of the faction who framed the resolutions—place and
power—had been attained. That speech, unanswered in
the House of Commons, unanswerable everywhere, may
be safely left to make its own way with the public, who,
whatever the representative body may think of the matter,
will assuredly give their voices unanimously in favour of
the Right Hon. Baronet upon this point at least—namely,
that there exists No surplus fund in the Protestant esta-
blishment of Ireland. We must be permitted, however,
once more to impress upon our readers the history of this
business, and call upon them to look carefully on the pros-
pects
now laid plainly and distinctly open to the eyes of
the Government. This Irish Church measure, it will be
recollected, arose out of resolutions moved by Levi John
Russell in April last, and which ran thus ;
" what any surplus revenue of the present Church' Esta-
blishment in Ireland, not required for the spiritual care of its,
members, be applied to the moral and religious education of
all classes of the people, without distinction of religious per-
suasion, providing for the resumption of such surplus, or of any
such part of it as may be required by an increase in the number
of the members of the Established Church."

" Resolved, that it is the opinion of this Hoitse that no
measure upon the subject of tithes in Ireland can lead to a
satisfactory and final adjustment which does not embody the
principle contained in the foregoing resolution."
Will this measure lead to a final adjustment ? We asked
this question when the resolution was moved ; we warned
the Ministers that they could devise no such measure. We
reminded them that Mr. O'Connell had declared in the House
of Commons that the Irish Romanists would pay no tithes ;
and that if it were attempted to convert tithes into a rent-
charge, the only effect would be to add Whiteboyism to resist-
ance to tithes,—that payment of rent as well as of tithes would
then be refused. We referred to similar language from
minor mis-leaders of the Irish. The measure is introduced,
and what do the same parties tell the Ministers to their
very teeth,—what has Mr. Hume told them frankly and
without reserve? VVhy, that the measure is an instalment
only,—that it cannot be a final measure. Such are the
prospects of the Government, and yet they gravely insist,
and their supporters re-echo them, that it will be afinal mea-
sure. We are bound to suppose these parties conscientious,
but, making that supposition, the case becomes ten thou-
sand times more lamentable ; for the moralist may eradi-
cate ill principles and propensities, and the mechanic can
furnish a substitute for a lost limb ; but there is a condi-
tion of the understanding which is beyond the reach of
human power : it has been described in more emphatic
words than ours :—" Eyes have they, but they see nit :
they have ears, but they hear not."—Times.