The Sun.
London, England, 1861-07-10 00:00:00

THE SUN,' LONDON, WEDNESDAY EVENING, JULY VI, 1861.-

retired officers was now under the consideration of the COER-
mittee—the case of these officers was under the considera-
tion of that committee, and he would not therefore make
any observation as to the justice of their claims.

The house then divided. The numbers were :
For the motion
Against it 6O
Majority .. —27

Sir G. C. LEWIS obtained leave to bring in a bill for
the amendment of the acts relating to the payment of the
expenses of prosecutions ; also a bill to continue an act of
the 11 and 12 of her Majesty relating to the collection of
county cess in Ireland.
On the motion of Sir G. C. Lmwis, Mr. Buxton and Mr.
Cubitt were added to the select committee on the Courts of
Justice Building Act (Money) Bill.

THE DEALERS IN OLD METALS BILL.
This bill passed through committee with 'verbal amend-
ments.

THE COUNTY VOTERS (SCOTLAND) BILL.

The house went again into committee on this bill.
On clause 23, having reference to the time of holding
the registration courts.
Mr. BLACKBURN suggested that as the list of claims
would be made up to and published on the 14th October.
no list should be revised earlier than the 15th October, but
after some discussion the clause was, without amendment
agreed to.

Clauses 24 to 32 were agreed to.
On clause 33,
Sir J. FERGUSSON moved an addition to the clause,
to the effect that no person whose name should appear on
the register of any county should be entitled to vote in the
election of members if he should have become divested of
and ceased to hold that qualification in respect of which he
was registered.
The LORD ADVOCATE objected to the proviso, be-
lieving that it would be wholly unnecessary. The person
whose name would be on the roll would vote in respect of
the rates which he would have to pay.
Sir J. FERGUSSON submitted that the voter ought to
be entitled to the franchise in respect of the possession, and

not because he paid rates and taxes.
Sir E. COLEBROOKE said the principle of this bill had
been in force in Scotland for several years in boroughs, and
he saw no reason why it should not be applied to the
counties.
Mr. WIRE urged the adnt,tto,n of tho anirmdment.
After some conversation the hon. baronet withdrew his
amendment.

Clauses to 40 inclusive was agreed to.
Clause 42.
Sir J. FERGUSSON moved the omission of the clause.
The committee divided—
Ayes
Noes l6
Majority
The clause was then agreed to, as were the remaining
clauses, and the bill was reported to the house.
QUEENSLAND GOVERNMENT BILL.

The house went into committee on this bill.
On clause 2.
Mr. MARSH said the bill proposed to give the magis-
trates by order in council the right to alter the boundaries
of the existing colony of New South Wales, and to make
roads. He proposed to enlarge those powers, leaving them
unrestricted by any Act of Parliament. Under the present
system there was no local government, but all matters
usually dealt with by local governments were under the
control of the central authorities at Sydney. He thought
that by separating these colonies, and making them into
smaller communities, would have the effect of doing away
with many of the existing evils. He hoped the amend
ment would be agreed to.
Mr. FORTESCUE said the issue raised by his hon.
friend was an important, though a simple one. The pro-
position of his hon. friend was, that the Crown should dis-
tribute amongst the existing colonies the unoccupied terri-
tories lying to the south of a certain line. There was a good
deal to be said in giving such a power to the Crown ; but
the fact was, no such demand was made by any Australian
governor or legislature, or by any body of the population.
Under these circumstances it was thought better to leave
well alone. The only difference between the proposal in
the bill and that of his hon. friend was this, that if his hon.
friend's amendment were adopted the Secretary for the
Colonies would have power to detach any portions of these
territories from one colony for the purpose of attaching
them to another, whereas as the bill stood he would be
obliged to ask Parliament for any such power. He thought
it better not to make divorce in this matter, as in unions of
another kind, too easy.
Mr. CHILDERS was of opinion that the colonies should
be left to govern themselves, and if there was to be any ex-
ception to that rule it was in defining the size of the several
colonies, and the extent of their territories. For this reason
he hoped the committee would agree to the amendment of
his hon. friend.
The amendment was negatived and the clause was agreed
to, as were the remaining clauses.
SUP PLY.

The report on supply was brought up and agreed to, after
which the house went into committee of supply.
The following votes were agreed to :—£72,357 for the
expenses of the Mint ; £21,305 inspectors of factories ;
£ti,2tsl queen's and Lord Treasurer's Remembrancer in the
Exchequer and offices of Scotland.
On the vote of £6,431 for the household of the Lord
Lieutenant of Ireland,
Mr. WILLIAMS complqined of some of the offices as
useless. There was a sum of £257 17s, for " two gentlemen

at large." (Laughter.)
Mr. VANCE defended the vote, and submitted that none
of the offices of which the expenses were defrayed by it were
unnecessary, and that the amount was extremely moderate.

Mr. W. WILLIAMS said there was no such office as that
of gentleman at large in the Queen's household, and there
were many others in the Lord-Lieutenant's household
equally unnecessary aad inexplicable.

Mr. WHITE said that if the office of the Lord-Lieutenant
was to be maintained it was useless to squabble about the
items in the vote. He stated that he had been told that the
duty of a gentleman at large was to water the camelias of
the Lady-Lieutenant. (Laughter.)
The vote was agreed to.
The votes of £10,339 for the expenses of the office of the
Chief Secretary; of £2,585 for the office of the Inspector of
Lunatic Asylums in Ireland; of £24,570 for the Board of
Public Works, Ireland ; of £33,091 for the Commissioners
of Audit; of £20,022 for the Copyhold Enclosure and Tithe
Commission ; of £12,190 for the expenses of the Enclosure
and Drainage Acts; of £47,163 for the General Register
offices ; of £14,482 for the National Debt-office ; of £4,120
for the Public Works Loan Commission and West India
Islands Relief Commission; and of £1,222 for the General
Superintendent of County Roads in South Wales were
agreed to.
The following votes were also agreed to :
£2,275 for office of Registrar of Friendly Societies.
£17,398 for Charity Commission.
£7,055 for Local Government Act office and inspection of
burial grounds.

£1,192 for agricultural and emigration statistics (Ireland).
02,113 for General Regietersofilees.
£1,644 for Quarantine.
On the vote of £33,000 for secret service money.
Mr. A. SMITH moved that it be reduced by £lO,OOO, the
balance remaining from the vote of last year.

.

After a short discussion the amendment was negatived
without a division, and the vote agreed to.

A vote of £266,218 was then proposed for the Stationery-
office, making, together with the sum already voted on ac-
count, a total of £416,218._

Mr. PEASE complained of the great waste of money upon
the printing of the house, and inquired whether any attempt
had been made to reduce the amount. (Hear, hear.)
Sir G. C. LEWIS said the comptroller of the Stationery..
office was very attentive to the reduction of the expenditure
in all branches of that department. The chief expense arose
from the printing for both Houses of Parliament, and any
reduction in it depended more on the discretion of members
than on the Stationery-office. (Hear, hear.) It was oc-
casionally the duty of members of the executive Government
to remonstrate against very voluminous returns which were
moved for to meet the tastes or wishes of individual mem-
bers rather than for the general use of the house, to which
they were uninteresting. But that was a matter on which
the house was quite competent to form a judgment, and it
was only by the discretion of the house that this item could
be brought within moderate limits. During the last session
on the suggestion of the Stationery-office, the practice had
been introduced of printing the evidence taken before corn -
mittees in double columns and in smaller type, and it had
been attended by considerable economy. The Government
had endeavoured to diminish the bulk of appendices to re-
ports of commissions, but it often happened thatafter reports
had been presented, some supplemental papers which the
commissioners in their discretion had omitted were moved
for. There was consequently very great difficulty in keep-
ing the expenditure for printing within moderate bounds.
.P PEELhiDepartment.
Mr. A. SMITH denied that the great bulk of the vote
was for the printing of the Houses of Parliament, and ad-
verted to the largeness of the item for the printing of the
War
tfice,
said that Mr. M'Culloch, the comptroller
of the Stationery-o
Mr. M'Culloch said that t;lenexerciseditemate ftohre tmheo appendedsmrt
traairg theiDde
peconomy
in that department. Inaestimatest
was less than might have been expected,nt considering the
had
torecentlyrel rely
u?ni
adte h re-
great extension which that department
gone.
Sir J. TRELAWNY said the house ought
executive government reducing the charge for
printing.
Mr. FREELAND said that if hon. members who moved
for returns communicated, in the first instance, with the
departments which prepared them, they could materially
diminish their bulk, and consequently the expense.
Mr. W. 'WILLIAMS thought there was a great deal of
unnecessay printing for the house. The charge of £1,550
for the ecclesiastical department was objectionable, and un-
less he received some satisfactory explanation on the subject
he should move that the vote be reduced by that amount.
Mr. M'MAHON believed that if there was only one uni-
form edition of acts of Parliament, instead of three as at
present, much expense might be saved.
Mr. BLACK bore testimony to the valuable services of
Mr. M'Culloch in reducing the expenditure of the Sta-
tionery-office.
Sir F. SMITH suggested as a remedy that the UoYeril"

with the name of the memb.-
Mr. A. SMITH said 41° cost of
ment should prepare a retum of the pach return,
moved for it.
printing for the Houses
of Parliament was ,gally small compared with the other

items.
Mr.W. WIL:SIAMS moved that the sum of £1,550, being
the amount yequired for the ecclesiastical department,
should be omitted from the vote.
The motion was negatived without a division.
On the question that the vote be reduced by £2lB, on the
motion of the hon. member for Edinburgh, _ _

Sir J. TRE LAWNY and Mr. BARROW complained
of the great and -unnecessary amount of printing done in
the shape of blue books that were never read, and in pur-
suance of forms oi! the house, which might be dispensed
with advantageously.

Mr. F. PEEL explained that printing forpublic purposes
was executed at ordinary rates, but what was termed Par-
liamentary printing was done at higher rates, though they
had been greatly reduced a year or two ago. He could not
concur in the statement of the hon. member for Edinburgh
with regard to the item for pens.
Sir H. WILLOT GH BY said that nothing could be more
clear than that there was no c ontrol over that expenditure.
The expenditure iu the War-office was £70,000, in the Ad-
miralty £24,000, arid in the Patent-office as much. The
estimates were increasing too, and the whole was £BO,OOO
more than in the previous year. The amount of unneces-
sary printing was most extravagant, in illustration of which
he might only mention that no waggon could carry the
number of Parliamentary publications on the slave trade.
The motion to reduce the vote by £2lB was then put and
negatived.
Lord PALMERSTON said it was impossible to control
the expenditure for stationery in the departments, except
through the hads of them. It was true, for instance, that
there was a large increase for the War-office, but the com-
mittee should remember that, great as was the increase,
there was a large economy in printing the forms and docu-
ments of the department, instead of having them written.
As regarded the share of the house in the reproach due to
the increased expenditure, the proportion was stated on au-
thority, and did not depend upon the assertion of his hon.
friend ; but every one must be struck with the number of
unnecessary returns which were ordered, and he thought
many hon. gentlemen would do well to imitate the example
of the hon, member for Lambeth, and avoid motions for re-
turns when they had the opportunity of doing so.
Sir H. Iv ILLU 1.) (IRBY complained that the right hon.
gentleman the Secretary of the Treasury had not answered
his question. If the heads of departments could have as
much printing and stationery as they liked, he was only
surprised that the vote was not £600,000 instead of
£416,000.
Mr. NEWDEGATE said he thought in this matter they
might take a useful lesson from the practice of the House
of Representatives at Washington. (Oh, and laughter.) It
was well known that lie was no admirer of the institutions
of the United States—(hear, hear)—but in this instance
they offered them an example which they might do well to
copy. He did not admire the institutions of the United
States in many respects, but he thought they might be imi-
tated usefully on this point. At the very commencement
of the sessions full returns were presented with regard to
taxation and other matters, and that prevented the neces•
sity for moving for returns. The absence of that informa-
tion greatly enhanced the expenses under that head.
Mr. BLACK said that the cost of the blue books was
greatly increased by having them printed upon large paper
with lines running across the whole page, whereas if smaller
paper was used, and a smaller type with double columns,
the cost would be reduced nearly one-half,
The vote was then agreed to.
Votes of sums to defray the salaries and expenses of the
Metropolitan Police, the Queen's Prison, the Revising Bar-
risters of England and Wales, the Lord AdvOcate and Soli-
citor-General of Scotland, the Courts of Session, the Judi-
ciary Courts, Criminal Prosecutions in Scotland, and other
legal and administrative establishments, were agreed to
without discussion.
Votes for the legal and administratives charges in Ireland
wero next proceeded with and agreed to up to
£696,947 for the constabulary force in Ireland, upon
which
Mr. CHILDERS moved that the item of £3,400 for
stationery and postage be omitted.
The committee then divided, when the numbers were—
For the amendment 44
Against
Majority —32
On the vote being then put,
Mr. AUGUSTUS SMITH said the identical sums for
stationery and postage had been already voted, and he
should therefore move that the Chairman should report
progress.
Mr. CARDWELL said before the report was brought
up inquiry should be made whether the hon, member was
right, and if it appeared that any mistake had been com-
mitted the error should be rectified.

Mr. W. WILLIAMS hoped the hon. member would
persist in his motion to report progress.
The vote was, however, put and agreed to, the motion to
report progress not being pressed.
The following votes were also agreed t0:—£2,217 to de-
fray the expenses of the Four Courts, Marskalsea Prison,
_

On the vote for £17,695 to defray the expense and super-
vision over all the prisons in the United Kingdom,
An Hon. Member said, owing to the report of the Com-
mittee on Transportation, and the decrease of the number
of persons sentenced to penal servitude, he proposed to re-
duce the vote by £15,000. (Hear, hear.)
Mr. CHILDERS expressed his approval of the course
taken by the Government, and rejoiced to see such a spirit
of economy prevailing.
Sir G. C. LEWIS said that it was not economy. The
expenses would be the same—this was only a reduction of
the margin.
The vote was then agreed to.
The next vote was £191,976 for the maintenance of the
prisoners in county gaols, reformatory institutions, and
lunatic asylums, which was agreed to.
On the vote of £15,776 to defray the charges and expenses
connected with the transportation of prisoners,

Mr. CHILDERS moved a reduction in this vote to the
extent of £6,000. He referred to the committee which had
sat on the subject, who found that, in the last three years
the numbers received into the convict prisons had been less
by 1,300 than the number of those discharged. The result
was, it had been, and would be impossible to continue
transportation unless they altered the length of the sen-
tences, and the arrangements in the convict colonies. He
thought they had better abandon transportation altogether;
but. the majority of the committee thought that, out of 500
or 600 long-sentenced men, one ship load, say from 200 to
300, might be sent out annually to Western Australia, Ber-
muda, or Gibraltar. The number of convicts decreasing,
they could not keep up all three of these establishments
unless they altered their whole system. If transportation
should be continued, it should be to Western Australia, as
the colonists did not object to it, with sufficient safeguards
as respects the neighbouring colonies. The number tran-
sported being thus reduced, he proposed a reduction in the
the vote. This was quite consistent with the report of the
committee; and he. believed- that this proposition would
receive the support of all the member's of that'tommittee,
who had gone minutely into thq'questitin.'_ _

Mr. F. PEEL said the Govermitent had had under their
consideration the propriety of discontinuing the transpor-
tation of convicts to Bermuda this 3 ear. He had been as•
cured in the course of that day that the full number of con-
victs would be transported this year, so that whether to
Bermuda, Gibraltar, or Western Australia, would not, as
there would be no diminution of numbers, lessen the ex-
pense. It would be impossible therefore to reduce the vote.
Lord ALFRED CHURCHILL would, with very great
pleasure, second the motion. They had it on authority
that there was, and would be, a very great diminution of
convicts. The report of the committee as to transporta-
tion to Bermuda or Gibraltar was not to be considered in
the same light as transportation to Western Australia.
Looking at all the circumstances, it appeared monstrous
that so costly an establishment should be carried on.

The committee divided and the numbers were—

For the reduction of the vote
Against it
Majority -76
The vote was then agreed.
The CHAIRMAN was then ordered to report progress, and
the house resumed.
Lord PALMERSTON stated that the education esti-
mates would be brought forward on Thursday.
EAST INDIA CIVIL SERVICE BILL.
This bill was read a third time and passed.

COUNTY SURVEYORS (IRELAND) BILL.
This bill, after a few words from Mr. CARDWELL, was
read a third time and passed.
COPYRIGHT OF DESIGNS BILL.
This bill was read a third time and passed.
LANDED ESTATES (IRELAND) ACT (1848)
AMENDMENT BILL.

The house went into committee on this bill, which, as
amended, passed through that stage.
LANDLORD AND TENANT LAW AMENDMENT

(IRELAND) BILL.
This bill also passed through committee.
• DRUNKENNESS (IRELAND) BILL.
This bill passed through committee.
The other orders having been disposed of, the house ad•
journed at 20 minutes past one o'clock.

LA IV lIVTELLIGENCE.-July 9.

COURT OF COMMON PLEAS.

(Sittings at Nisi Prius, in London, before Lord
Chief-Justice Erie and a Special Jury.)

TURNBULL V. BIRD.-MR. TURNBULL AND THE
PROTESTANT ALLIANCE.

The hearing of this case was resumed this
morning.
Mr. Karslake, Mr. Prideaux, and Mr. Folkard,
appeared for the plaintiff, and Mr. Bovill, Mr.
Lush, Mr. C. Evans, and Mr. White for the de-
fendant.
Mr. Turnbull was examined in reference to the
letter from the Queen Dowager to M. d'Oyzell,
which had been calendercd by Mr. Thorpe in 1858,
and which he stated he had not been able to find.
All he knew was that it was not to be found in the
volume in which it shotilld be.
Mr. Bovill then addressed the jury for the de-
fence. stating that he had the honour to appear for
Mr. Bird, the secretary of the Protestant Alliance,
who stood charged upon the record with having
circulated a libel imputing to Mr. Turnbull most
unworthy and improper conduct, and with having
done this from a system of bigotry, intolerance,
and persecution, which influenced Mr. Bird and
the Protestant Alliance. Until yesterday
Mr. Turnbull and Mr. Bird were unknown
to each other personally, therefore there was
no personal feeling ; and indeed, according to
his instructions, he now stated that he be-
lieved that Mr. Turnbull was a gentleman of the
highest honour and character, of great :literary
attainments, and possessing an amount of learning
that was an honour to himself and a credit to his
country ; but that learning might have taken a
direction which had warped his mind in reference
to certain subjects. He had not, in any shape or
way, attempted to insinuate anything against Mr.
Turnbull's character or attainments, and, indeed,
one was rejoiced to hear the progress which he had
made, and the distinction which he had attained;
and could only regret that no more substantial
reward was to be obtained by a gentleman in his
position than the pittance awarded by the Govern-
ment of £2lB for 18 months' work. Mr. Turnbull,
however, it must be borne in mind, had published
his opinions to the world. He had held a position
in the pay of the public, and every public servant,
from the highest to the lowest, was amenable to
the expression of opinion, and indeed it was only by
the practice of such expression that confidence was
maintained. It must be borne in mind that Mr.
Turnbull had commenced the correspondence in the
_Daily News ; he had chosen the tribunal of public
opinion ; the public had read, and formed an opinion
upon hearing all that could be said on both sides;
and yet, after this, Mr. Turnbull selected two let-
ters from the series and brought them into court,
asserting that they were libels. He (Mr. Bovill)
submitted that the whole matter was a fair discus-
sion of a public question : and that so far from there
being any malice on the part of Mr. Bird, he had
only done what it was his duty to do, occupying
the position which he did. It was said that Mr.
Turnbull had resigned his situation in consequence
of these letters of Mr. Bird ; but it was clear that
he had offered to resign long before these letters
were published, and that because he found public
opinion was against him, and because he was
unwilling to imperil confidence in these pub-
lic records. Mr. Bovill then proceeded to read
extracts from the " Legenda3 Catholics, a lytle
boke of Seyntlie testes," which was published by
Mr. Turnbull, as he said, as a mere jeu d'esprit,
and which was said to be "Imprinted at Edin-
burgh, in the year of the Incarnation 1840." The
author said, " And these legends were fabricated
for the promotion of fanaticism.' Is fanaticism ex-
tinct now that monachism seems no more ? Look
at the vile and pestilently rampant heresies from
Calvinism downwards, and are any redeeming
qualities to be found in all their vagaries ? Are
not the fabrications issued by the evangelical can-
ters of the tract societids most fulsome and im-
pertinently profane ? Is not the stuff which they
put into the mouths of the 'subjects of these
memoirs,' making the creature cry, as it were,
Hail, good fellow, well met !' to its Creator, not
merely devoid of grace and merit, but brimfull of
hypocrisy and intolerant familiarity ?" " Although
I advocate the revival of monastic institutions and
apologise for the pious fictions of the early ages, I
am not pleading for the growth of Romanism. I
am a firm adherent of the Anglican section of the
Catholic Church—that beautiful structure whose
banner is so richly blazoned with the names of the
mighty dead, and which yet can boast of such or-
naments as a Philpotts, a Pusey, a Newman, a
Palmer, a Hook, and by that Church I shall stand
or fall." "I am no Romanist. I object to the
Pope; he has been the curse of the Church
Catholic." Within two years, however, from

this time Mr. Turnbull became a Catholic.

1854, also, Mr. Turnbull published a transla-
tion of a " Life of Luther," in which
he alluded to the " so-called Reformation," which
he designated " that most mischievous event ;" and
in 1856 he edited the poetical works of Father
Southwell, a Jesuit priest. In the preface he ex-
pressed his regret that no complete edition of the
works of Southwell had been published, and said
" and these sentiments have been induced not by a
mere national bias or respect towards the illustrious
society of which he was a member, and which I hold
in the highest veneration, honour, and esteem," but
by an appreciation of the poems. In the memoir of
Southwell he said " the same dauntless devotion to
duty is expressed in another letter to his spiritual
superior," when Southwell was on the way to per-
form certain functions, " together with Father
Henry Garnett, the well-known subsequent martyr,"
Garnett having suffered martyrdom for his part in
the Gunpowder Plot. He talked of the "Advent
of these distinguished men" to England during a
" reign of terror" over the Catholics, 70 priests hav-
ing been banished and two executed, whilst " that
gallant conspiracy of Babington and his friends was
rapidly leading Item to a similar fate," Babington
and his friends being engaged in a plot to assassi-
nate .Queen Eliiabeth, to seat Mary or Scotland
upon the thronerand to establish the Roman Catho-
lic religion, and destroy the Protestants. These
being the antecedents of Mr. Turnbull, which were
well known, he was no sooner appointed to his posi-
tion at the Record Office than the Athenaeum drew
attention to the matter, saying that they could not
believe the statement of his appointment, and added
that the papers " describe the wars of the Armada
the War of Independence in Holland, the Thirty'
Years' War, in all which events Mr. Turnbull be-
lieves the action of this country to have been de-
lorable, undutiful, and false. They abound in par-
ticulars of those writings and treasons of the Jesuits,
which made them formidable to the peace of the
family and that of the State. They preserve for us
multifarious information relative to those priestly
plots which the Government of Elizabeth crushed
with a strong hand. Mr. Turnbull thinks the
Queen, Council, Parliament, and people of England
barbarous and malignant in the use they made of
this preservative power. They contain many allu-
sions to the miracle impostures by which the Roman
priests preserved their ascendancy over ignorant and
fanatical minds." Under these circumstances, no
matter how impartial Mr. Turnbull might have
been in preparing his calender, it would still have
been said that it was prepared by a violent Romian
Catholic, and the book would never have a reputa-
tion for impartiality. The learned gentleman pro-
ceeded to read extracts from some books reform d to
in the alleged libels to show that the principles of
the Jesuits were to mutilate books and documents
in the interests of their Church, and that this prin-
ciple had been acted on, and he was about to refer
to other books not mentioned in the alleged libels,
and which had not been before referred to in the
course of the trial, but his lordship, upon objection
by the plaintiff's counsel, held that the books could
not be put in evidence. It was also proposed to
read copies of several newspapers to show that ar-
ticles had appeared in reference to Mr. Turnbull's
appointment before the date of Mr. Bird's letters,
but his lordship expressed his opinion against their
admissibility. The learned gentleman also com-
mented at great length upon the correspondence
which had been published, and concluded a speech,
which occupied four hours, by submitting to the
jury that the appointment of Mr. Turnbull to the
office of calender was a public event which Mr.
Bird had a right to comment upon, that he had not
exceeded the fair limits of discussion, and that
therefore he was entitled to a verdict.

Mr. Bird, the defendant, said—l am a member
of the Chancery bar. I have never seen Mr. Turn-
bull until yesterday. I know nothing of him ex-
cept from his writings. My attention was first
called to the appointment of Mr. Turnbull by a
paragraph in the Athenceuna of the 24th September,
1859. I had nothing to do with that paragraPh)
or any of the articles which appeared in the publio
journals. The Protestant Alliance first noticed.
the matter by printing the paragraph from the
"Vhcnouna in Octobers 18591 and the memoritli t 9

Lord Palmerston was drawn up with great delibe-
ration, and was approved in May, 1860. The wit-
ness then gave a detail of what took place when the
deputation went up to Lord Palmerston, and a long
letter from the Master of the Rolls to Lord Pal-
merston, dated Nov. 1, 1859, was also read, it having
been read in the presence of the deputation. It was
in answer to a letter from Lord Palmerston, and de-
tailed the duties of Mr. Turnbull, discussed the
question of the safety of the State papers in his
hands, and defended his appointment. The witness
continued—Previous to this matter I was aware of
the constitution of the Jesuits, and that they were
bound to render implicit and unquestioning obe-
dience to the orders of the superior. The extracts
from various works in my letters are correct, and it,
is true, as stated there, that I have in my posses-
sion " a long list of papers in the Record-office re-
ferring to various plots by the Jesuits."
Cross-examined—l had made no inquiries about
Mr. Turnbull when I sent out a circular saying of
him, " It is more than probable that he is a Jesuit ;"
but I had read his!' Legendm" and his" Southwell ;"
and his excessive admiration of Garnet, Southwell,
and Babington led me to this conclusion. Ido not
know as a matter of history that on a man being
charged before Lord Mansfield with being a Catho-
lic priest and saying mass and acquitted, the zealous
Protestants were much scandalised, and his lord-
ship was charged by many with being" a Jacobite,
and some even supposed he was a Jesuit." (A
laugh.)
Karslake—That statement is made in the
" Lives of the Chief Justices," by Lord Campbell.
(Laughter.)
Witness—l have many books in reference to the
Jesuits, but I do not know that I have any in praise
of them. (Laughter.) Before I prepared the me-
morial to Lord Palmerston, Mr. Nugent, a very able
record scholar, who had frequented the Record-
office for 20 years, had made statements to me; but
nobody had been sent on behalf of the Protestant
Alliance to examine the foreign records.
Re-examined—l circulated the memorial by order
of the committee of the Protestant Alliance, and
previous to this I had read articles in the Morning
Advertiser of the 7th October, 1859, and in the St.
,Tanzes's Chronicle of the 13th October, strongly
condemning the appointment of Mr. Turnbull, on
account of his bias in favour of the Jesuits.

Mr. Bovill summed up on behalf of the defen-
dant, and Mr. Karslake replied upon the whole of
the case.

The further hearing was then postponed until
to-morrow.

CENTRAL CRIMINAL COURT, July 9.

OLD COURT.

David Basset, who surrendered to take his trial,
was charged with unlawfully obtaining goods three
months before he was adjudicated a bankrupt, under
the false colour and pretence of carrying on bis busi-
ness, and with intent to defraud his creditors of the
property that was so obtained. The indictment also
contained counts charging the prisoner with'obtain-
ing money by false pretences.
Mr. Metcalfe and Mr. Carter conducted the pro-
secution. Mr. Ribton and Mr. Hume Williams
appeared for the prisoner.
Mr. Metcalfe, in opening the case to the jury,
said that the prosecution was instituted by the direc-
tion of Mr. Goulburn, one of the commissioners of
the Court of Bankruptcy, in consequence of certain
disclosures that were made in that court in refer-
ence to the bankruptcy of the prisoner, and the
offence that was imputed to him was that he had
obtained a large quantity of property, and also
money to a very considerable amount, under the
pretence that he was carrying out a legitimate trans.
action in trade, whereas, in point of fact, the pro-
perty was not obtained for that purpose, and the
real object of the prisoner was to defraud his credi-
tors of their property. The learned ;counsel then
proceeded to give a narrative of the circumstances
under which the charge was preferred, and it ap-
peared that the prisoner resided at Uxbridge, and
for many years carried on an extensive business as a
corn merchant at that place and at Mark-lane, and
the greatest confidence appeared to have been re-
posed on him. The prisoner signed a declaration
of insolvency in the month of November last year,
and the amount of his debts was £15,000, upon
which a dividend of 3s. 6d. in the pound only has
been paid. It appeared that in the months of
August, September, and October the prisoner sold
a large 'quantity of corn, by samples, to a miller
named Dives, who gave him cheques for more than
£4,000 for the wheat so purchased. The prisoner
had represented to Mr. Dives that the whole of the
wheat he so sold to Mr. Dives" was in his possession,
or in his control; but it turned out that this was not
the case, and, shortly before his bankruptcy, the
prisoner, who had only sent a portion of the wheat,
admitted to Mr. Dives that he could not send him
any more, and at this time it appeared Mr. Dives
was entitled to receive twelve hundred more quar-
ters of wheat, for which the money had been paid.
It also appeared that the prisoner had purchased
large quantities of wheat of Mr. Nash, a farmer
living near Uxbridge, and also of a gentleman
named Way, residing in the same neighbourhood,
for some of which he agreed to pay 68s. per quarter,
and for other portions 725. per quarter, and that
the moment the wheat came into his possession he
sent it to Mr. Dives, in order to supply the con-
tracts he had entered into with him, each transac-
tion being attended with very serious loss, as the
price at which the prisoner was to have supplied
the wheat to this gentleman, under his contract,
was only 595. per quarter. The prisoner, when
under examination in the Bankruptcy Court, ap-
peared to have admitted nearly the whole of the
above facts ; and, as already stated, directions were
given by the Court that the present prosecution
should be preferred against him.
A good deal of formal and documentary evidence
was gone into in support of the charge, and the
case occupied a great many hours. It was elicited
in the course of the inquiry that the prisoner had
carried on a very extensive and respectable business
for a number of years, and that he was regarded as
an honourable and respectable man. It also appeared
that the official assignee had reported that the pri-
soner's books were well kept, and that there did not
appear to be any evidence of concealment of stock
or anything irregular in the mode in which the pri-
soner had conducted his business, and it was also
admitted that during the last year, owing to the
unfavourable season that prevailed, there was a
great rise in the price of wheat, and that it had gone
up from 525., the price at which it stood in April, to
78s. in November.

P •-•••••
Mr. Justice Wightman, at the close of the case
for the prosecution, expressed his opinion that the
counts in the indictment charging the prisoner with
obtaining money from Mr. Dives by false pretences
were not supported by the evidence, and they were
ideration of the
therefore withdrawn from the eons
jury.
Mr. Ribton.raade a long and able address to the
jury on behalf of the prisoner, and he contended
that the case was one that had never been contem-
plated by the act of Parliament under which the in-
dictments had been preferred, and that there was
not a title of evidence to show that the prisoner had
been actuated by any intention to defraud his cre-
ditors or any one else. He said there could be no
doubt that the prisoner had carried on a most ex-
tensive business until last year, when in consequence
of the bad season it appeared that he had got into
difficulties, and all that he seemed to have done was
to make a desperate struggle to retrieve his position.
This might have been an imprudent act on his part,
but the question was whether, by acting in the man-
ner he had done, he had brought himself within the
scope of the law; and he submitted to the jury with
great confidence that he had not done so. The
learned counsel then urged upon the attention of
the jury the facts that the official assignee had re-
ported that the prisoner's books were well kept, that
his expenditure had been moderate, and that at the
end of the year 1859 he was solvent; and he also
said that there was nothing to show that the pri-
soner had personally gained the slightest benefit
from these transactions.

A great number of highly-respectable witnesses,
some of whom had known the prisoner for more
than 20 years, were called to speak to his character
and they stated that he was always looked upon as
a man of the strictest honour and integrity.
Mr. Justice Wightman having summed up, the
jury retired to consider their verdict, and in about
three-quarters of an hour they returned into court,
and found the prisoner not guilty.
There was some applause when the verdict was
given.
Mr. Metcalfe said there were several other indict-
ments against the prisoner, but as they involved the
same facts he did not think, after the decision the
jury had arrived at, that he ought to proceed with
them.
Verdicts of not guilty were consequently taken
upon all these charges, and the prisoner was dis-
charged from custody.
Thomas John Smith, 19, a Post-office letter car-
rier, was charged with stealing two letters, one of
which contained a bill of exchange for £22.
a cheque for £2 4s. 4d and
~ another for £l5, and
the other a cheque for £32 155., the property of the
Postmaster-General.
t t
ros
e
Mr. Clark and Mr. Metcalfe conducted the pro-
secution.
y
appeared that on the 19th ofei
June
addressed the
letters
in Iqtues by the clerks
of two mercantile firms in that t
Mr. John Paterson, 104, Wood-street, Chea 'd
4nd in due course they would have , Pm 0)
arrived at the
General Post-office, St. Martin' 1 G
a- e- rand, about 5
o'clock on the morning of the 20th.
was a letter-carrier in the Woo The prisoner
d-street district, and
it would live been his duty to h
aye delivered Owe .