The Sun.
London, England, 1850-07-11 00:00:00

PUNISHMENT OF DEATH.

Mr. EWART after presenting petititions in favour of
the abolition of the punishment of death from
Liverpool, Brighton, Shrewsbury, Sunderland, Glas
goer, Colchester, Edinburgh, King's Lynn, the
Liverpool Peace Society, and other places, proceeded to
bring on his motion for leave to abolish the
punishment of death. He said he assuredly should
net again have brought forward that motion, if it were
not for the increasing conviction in his own mind of
the justice and expediency of the measure he advo-
cated, and unless he had been convinced that there was
an increasing public opinion on this subject through-
out the country, and that that public opinion cou-
tinued to receive accessions from day to day.
Ou former occasions this question had been
argued by figures, which had been triumphantly ap-
pealed to on both sides. He believed that on both sides of
this question it was a drawn battle; but he thought,
on the whole, the weight of statistics was on the side
of the abolitionists, and that the mitigation of the
punishm+ et of death wherever it had taken place had
been attended not only without danger but also with
security to society. On this occasion he should
to be no statistical view of the subject. He should endea-
vour to show that the present system of retaining the pu-
ni,hreent of death was inconsistent with that great object
of all punishment, namely, the certainty of punishment
which was laid down by Blackstone as being the proper
principle of all punishment, and with which no punish-
ment could be said to be effectual for ins object.
He believed if any gentleman would consult the returns
which were laid upon the table of the House he
would find many cases of murder in which prisoners
had been acquitted, not because juries entertained a
doubt et the crime, but a dread of the punishment. Lie
would refer to the case of Jane Mitchell, tried at
Newcastle on the 20.11 of February, 1819; that of Re•
becca Smith, tried at Devizes on the 9th of August, in
the same year; and Sarah White, tried at the Central
Criminal Court on the 10th of January, 1850. In the
two great cases the jury recommended the prisoner
to mercy in consequence of their antipathy to the
punishment. In the last case the same feeling in-
duced the jury to return a verdict of not guilty.
When we have such cases of the law becoming powerless
through its own severity, he thought the time was come
fur some interference. They had the testimony of Jus-
tices Coltman and Alderson that juries often gave their
verdicts in the teeth of law and evidence in consequence
of their great dislike to the punishment ; and
beyond this the prisoners were oftentimes more desirous
of bring tried for murder rather than for a smaller offence,
because they had a feeling that juries would acquit them.
They had the opinion of Chief Justice Wild, Justices
Wightman and Colman, besides several members of the
Irish bar against the punishment of death.
If there was one thing on which he was more convinced
than another, it was the purity of the motives which
influenced the Right Hon. Gentleman the Seen tery for
the Home Department, but it did happen that the public
were very much perplexed to know, for what
reason one criminal was reprieved by him and
another criminal punished. He was at a loss to know
on what ground the Right Honourable Gentleman
would oppose the motion which he now proposed.
On a firmer occasion the Right Hon. Baronet supported
capital punishment ought on the ground of a certain de-
finite ie.ee, which he supposed existed in the minds of the
population on the subject. That, however, was not now
the case. Another opinion which he formed was, that the
public were in favour of capital punishment, but if he
were to call public meetings all over the country, and
take the it opinion on the subject, he would find that they
s ere decidedly opposed to retaining this species of
punishment. The Hon. Member concluded by moving
for leave to bring in a Bill to abolish the punishment of I
death.

Mr. HUME rose to second the motion, and was

(LEFT SPEAKING,)

SHERIFFS' COURT.—(THIS DAY.]
(Before Mr. Under-Sheriff BURCHELL and a Specie:
Jury.)

RAILWAY COLLISION.-PHILLIPS It. THE LONDON AND

BLACKWALL RAILWAY COMPANY.

This was an action brought to recover compensation
for injuries received by the plaintiff in consequence of
the negligence cf the defendants' servants.

Mr. BEAVAN stated the case for the plaintiff, who is
a commercial traveller, in the service of Messrs. Foster,
of Friday-street. It appeared that on the 7th of No-
vember last, about five o'clock in the evening, the
plaintiff was coming up from Blackwell to London by
railway, and when near the junction line at Bow, a col-
lision took place through the negligence of the railway
officers, and the plaintiff and several other gentlemen
were severely injured.
Mr. Craexsosr, on behalf of the plaintiff, objected to
any statement being made as to accident to others, for
the company had settled with them.
Mr. BEAVAN then called witnesses, who proved the
accident, and that the plaintiff had been laid up from the
7th November to the 31st December, and was still suffer-
ing from a thickening of the skin over one of his legs;
his expenses for medicine, &c.. was 10/.
Mr. CLARKSON, for the defendants, said it had been
claimed on behalf of the plaintiff, that he should be
paid for his loss of time, but it had been stated, end he
would prove, that us to the loss of time, the plaintiff had
been paid as usual by the respectable firm by whom he
was employed.
Mr. Prince Hoare, ono of the firm, was called and
proved this fact, and that they had paid another person
ter doing his work.
Mr. BEAVAN replied, and contended that Messrs. Foster
and Co. ought to be reimbursed.
The Learned UNDER -SHERIFF said that it was
matter of difficulty to say what amount of da-
mages ought to be given fur bodily pain and
injuries, but in such a case it ought to be taken
into consideration whether the injuries were caused by
wiliulness or wantonness, or whether by sheer accident.
The jury, after retiring, gave a verdict for 70/.

MARLBRO'-STREET.-(THIS DAY.)
A RUFFIAN.—Joseph Wheeler was placed before Mr.
Bingham charged with cruelly ill-treating a donkey.
Mr. Wm. Fitchew, silversmith, 400, Oxford-street,
stated that about nine o'clock this morning, he was
standing at his first floor window, when his attention
was called to the prisoner and two other men, who were
riding on a truck drawn by a miserable little donkey,
not much larger than a Newfoundland dog. Besides
the men the truck contained three large bags of oysters,
and the poor animal bad the greatest difficulty in draw-
ing its burden. Witness, observing the state of the
d9r:key, went out and remonstrated with the men,
,y hereupon the prisoner abused him with the foulest
language, which he follor, ed up by belabouring the
donkey m' re unnv-rcifully wirli the butt end of the whip
~%er the head. Wiftess then coll,rcd the prisoner and
give him in charge to a constable who at that moment
came up.

Mr. Diticuam, after saverely lecturing the prisoner

on his cruelty, fined him 103., and in default committed
him for too days.

FRANCE.

In the Assembly yesterday, the discussion of the
Law on the Press was resumed. The whole of the
first article was adopted.
The President then read the second article, which
was similarly voted. It was as follows :
The proprietors cf journals and periodical publica-
tions, at present existing, are allowing a del•iy of one
month, from the date of the promulgation of this law, to
accomplish the above formalities."
" Art. 3. When the editor of a journal or periodical
publication shall have been sent for trial before a Court
of Assizes by a decision of the Court of Inquiry, for a
crime or offence committed by the press, if a new desi-
sion of the same kind should intervene against the edi-
tors of raid publication before the decision of the Court
f Assizes, a sum equal to one half of tho maximum of
the fines he may have incurred for the new off,nce must
be lodged, within the three days of the notification of
each decision, even were the Court of Cessation apps sled
to against the sentence.

de Tnguy moved the following amendment :
" Every article on political, philosophical,:or religious
questions inserted in a journal, must be signed by its
atrhor, under the penalty of a fine ( f 500 r for the first
offence, and of I,ooof. for the second." _ _

In order to prevent all false signature, M. de Tin-
guy asked that the author convicted !of that fraud
should be sentenced to a :fine of I,ooof. and an im-
prisonm€nt of six months.
M. L2vergue supported the amendment, but on the
condition that the cautionnement and stamp be sup-
pressed. its principle, he said, was eminently re-
publican, and he claimed for his political friends the
initiative of a measure which must tend to moralize
the press.
M. Heurtier combated the amendment, which was
supported by M. Laboulie, who contended that if
journalism was a rostrum, as it was generally de-
scribed, the writer should boldly ascend that rostrum
and fearlessly present his breast to the man he at-
tacked. If he was obliged to sign his article, the vile
pamphleteer, who insulted the National Assembly,
would consider before he dared to do so.

Messrs. (Janet, Larochejacqueleir, and Chasseloup
Lautat were next heard, after which a division having
been called for there appeared for the amendment,
313; against it, 281.

The —amendment was accordingly declared to be
adopted.
This decision occasioned great agitation in the As-
sembly, and the proceedings were for a moment sus-
pended. _ _ _

When the sitting was resumed, M. Charancey, in
the name of the committee, proposed the following
additional paragraph
. „ .

" The slit-mulu., the author shall be affixed to the
original manuscript of the article, the communication of
which can only be r(quircd by the Attorne-General
within the month following publication."

The Assembly being consulted, took the paragraph
into consideration, and referred it to the committee.

SPAIN.

Madrid journals of the sth have been received.
The accouchment of the Queen was hourly ex-
pected.
MADRID BOLSA, JULY s.—The Three per Cents.
were done at 33,ZT for paper; the Four per Cents., at
123; for cash ; the Five per Cents. 12 13-16 ; the
Debt without Interest, at 3i ; and the C.mpons, at 7e.