The Sun.
London, England, 1868-07-06 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

In the appendix to the 29th Report on Public Peti- ,
tions, just issued, there appears "the humble petition
of John Parsons, a convict, No. 3,942, under sentence in
Pentonville Prison," which was presented in the House
by Mr. Denman. When 19 years old, on the 20th
day of October, 1854, he was sentenced at the
Birmingham Quarter Sessions to fifteen years'
transportation for housebreaking. He served the
first portion of the term in gaol in England, and in
March 1867 was transported to the convict settlement in
Western Australia, where he served four years and a half
in the convict prison. He then received a ticket of leave,
and worked as servant to the brother of Colonel
Henderson, the commandant of the prison, for two
rears and a half, and then left with a certificate
for good conduct, and obtained a pardon for the
remainder of his term. Afterwards he lost the docu-
ment 'granting his pardon, but he believed that it
contained a condition that he might go to any part of her
Majesty's dominions, except to the United Kingdom of
Great Britain and Ireland, until the expiration of the
term of his sentence. Being desirous of remaining in
Australia, he went to Adelaide, where he was, imme-
diately on his arrival, recognised by the police as a
pardoned convict, and taken before a bench of
magistrates, who told him that he must leave Ade-
laide in seven days, or they would send him to prison
for three years. He produced to them his pardon, and
was told by one of the magistrates that it was of no use
to him there ; that he must go back to England ; and
that if he wanted the *leans to do so he should be sup-
plied with them. Not wishing to infringe the
terms of his pardon, hp applied to a captain to be car-
ried to Melbourne, but the captain declined, on
the ground that if he toJk the prisoner he would
be liable to a penalty of £lOO. Before the seven
days had elapsed, and to avoid the threatened imprison-
ment , he embarked in a vessel bound for Singapore.
with which our law abounds—the utter absence of all
There, on landing, he was told by the police that, being a
provision to enable a man who is convicted of a criminal
discharged convict, be had no right to come. He pro-
offence to insist on the validity of that conviction, either
duced his pardon, but was told they did not care for that,
in point of fact or of law, being solemnly determined by
and that he could not remain. Thereupon he hired him-
another tribunal. The verdict of the jury is considered
self to a Dutch vessel, called the Valvish, bound for
conclusive of the guilt or innocence of the ac-
London, at which port he arrived in March 1863. He
cused, and, however overwhelming may be the
returned to Birmingham, where he resided about nine
evidence forthcoming to demonstrate the innocence
months, was recognised ly the police, who knew that the
of on© who has been declared guilty, there
term of his sentence had not expired, but that he had re-
can be no new trial, and the sole expedient to which
ceived a conditional pardon. Then he went from Dir.
the Crown can resort to prevent a manifest act of injustice
mingham to reside in Worcester with his wife, and
is to grant a pardon for an offence which, ex hypothesi,
on the 3rd of February, 1866, was arrested there
has not been committed. In cases, on the other band,
on a charge of being illegally at large. He was
where a convict has reason to complain that he has not
committed for trial without bail, found guilty before
been tried in due form of law, his position is nearly as
the Hon. Baron Pigott, at the ensuing 'Worcester Lent
bad. It is true, error in law may be assigned, or, if the
Assizes, and at the following assizes was brought up for
judge so pleases, he may in the course of the trial reserve
judgment before the Hon. Mr. Justice Keating, and was
disputed points for the consideration of a superior
sentenced to five years' penal servitude. His solicitor had
court ; but, extraordinary though it may appear, error
2ince
memorialised Mr. Secretary 11„ alpoie without success,
cannot be assigned as a matter of right, but simply by
and he now prayed the House to take the case of the un-
the favour of the Crown. If a convict or his counsel
fortunate convict into consideration.
has reason to believe that the conviction is bad in

A CONVICT'S STORY.

The Tima remarks that it is sometimes a very great
assistance to a jury when a party in a suit will insist on
making an appearance in court. Of course, he comes in his
usual form ; his looks, his dress, his interruptions, his
glances, and his evident proclivity to adventures of one sort
or another, all combining to add the best possible comment
to speeches of counsel and the evidence of witnesses. The
Irish Orangemen have made this mistake. Had they con-
sulted any friend of sober judgment, be would have
advised them by all means not to shew themselves for the
present. The advice, if given, has been set alt naught, and
there has been the usual "demonstration"—that is, a
public exhibition of the manner of men who claim to be
the paramount masters of Ireland, its conquerors and
lAwful possessors, its proper leaven and salt, its authorised
models of religion, duty, and manners, and the special
objects of British industry and favour. There had been
no hypocrisy on the part of their advocates. They have
not been described as lambs, unless of a breed well known
in our boroughs ; nor has their roar been described as
that of sucking doves. Their pretension to the exclu-
sive possession and government of Ireland, with com-
plete civil and religions ascendancy, has been fairly and
unreservedly stated and honestly defended. All that
remained was that the claimants of this proud position— I
the persons who claim to lord it over, not merely the
remaining seven-eighths of their own countrymen, but the
entire people, Government, Constitution, and State to
which they belong—should bo brought before us. They
do not hide their light under a bushel. At the first chal-
longe they spring out into the glare of noonday. The
Times feels bound to thank them for this, but also
takes the liberty to tell them that they had better have
lain quiet for a while, and let themselves be described as
it might suit the convenience of their parliamentary
spokesmen.

law, a petition is addressed to the Attorney-General
praying him to issue a fiat, in order that the
question of law thus raised may be solemnly argued and
determined. It is in the power of the Attorney-General
to grant or withhold the fiat, and, in doing the one or the SINGULAR CASE.—In the Court of Queen's Bench the
other, he exercises a judicial function, being practically case of Richardson v. Du Bois was heard. It seemed that
the representative of the Crown, with whom this singular Mr. Du Bois was formerly an eminent proctor in Doctors'
prerogative rests. In fact, it is held as law that a writ of Commons, and when the Probate Court was established
error in cases of treason-felony and misdemeanour can only the defendant obtained £350 per annum compensa-
te obtained, however manifest the error, by the favour of tion. At the latter end of 1865 Mr. Du Bois, in
the sovereign, and that against the decision of the consequence of overwork, had to be sent to a
Attorney-General there is no appeal. lunatic asylum. At that period he had purchased and
occupied a house in Thurloe.square, and after his removal
The Herald advises a watching of the policy of Russia
his wife and three chitirm remained in the house,
just now. Our contemporary does not advocate an armed
and in the year 1867 Mrs. Du Bois called the
interference, but it remarks that when a European power
begins to make encroachments in Asia the difficulty is not plaintiff in to paint slid repair the house, which
so much to proceed as to stop ; and Russia has avowedly
he accordingly did, and was paid money on account.
found out a fact of which it can scarcely be supposed that At that time he was not aware that the plaintiff was
insane ;but on the death of Mrs. Du Bois the present
she was ever ignorant. Her mission is one of peace and
love, but unfortunately it cannot be accomplished without action was brought. For the defendant it was first urged
war and hatred. She is very sorry, but savage nations that the wife was not the agent for her husband ; that in
will not always see their own interests ; they two years she had received a sum of £2,219, consisting of
the allowance in respect of the Probate Court, and sums
prefer a bad government which is their own, to a
kindly and voluntarily allowed by Mr. Du Bois's partner ;
good government which is somebody else's ; and
when they mistrust their chance of fair fighting and it was contended that this sum was sufficient for the
they try treachery as an equally legitimate resource. The necessary expenses of the wife and family of Mr. Du Bois, and
work of civilisation is not to be impeded on account of for all necessary repairs to the house. The jury found for the
barbarian prejudices, so the invader puts forth his strength, plaintiff, believing that the wife was the agent of the
and takes a material guarantee for maintaining it. Such husband.
has been the course of Russia in Central Asia—a course ACTION AGAINST THE METROPOLITAN RAILWAT.—In
which is bringing her nearer and nearer to our frontiers, at the Court of Common Pleas judgment was given in the
which, aided by an alliance with Cabul, she might in a very case of the Metropolitan Board of Works v. the Metro-
short time arrive. That she has as much right to that politan Railway Company, which involved an important
postion as we have to our own must of course be conceded. question of law. The defendants, by their Act of Par-
But the position would be too powerful to be regard& liament, were to submit the plans of their works to the
without uneasiness in this country. i plaintiffs for their approval. This they had done, and the
plaintiffs had approved the plans. In the course of work-
ing according to their plans the defendants came within
15ft. of a large sewer belonging to the plaintiffs. The con-
sequence was that there was not sufficient earth to support
the sewer, and it gave way, in consequence of which the
Metropolitan Board of Works had to expend £lB,OOO in
reconstructing the sewer, and they now sought to uphold
a judgment for that sum against the railway company.
The Lord Chief Justice:and Mr.-Justice Byles held that the
board had no right to the lateral support of adjacent
ground for their sewers unless they had purchased the
ground through which they ran, and that as they had not
done so in the present instance there was no duty cast
upon the railway company to carry on their works in such
a way as to leave sufficient soil to support any such
sewers as might be ne:r. Mr. Justice Willes was of a
contrary opinion, but the verdict was that of the majority
of the court.

In concluding some comments on the Social Science
meeting at which Mr. Gladstone presided, the Daily News
observes that at this meeting, as on like occasions, the
case of the working man was forcibly and ably put ; but
hardly a thought was given to the general condition of the
employers. Judging from the tone of the speakers, we .
might infer that the possessor of capital is unburdened
with cares, while the possessor of labour is continually
buffeting with misfortune. The actual state of
the case is forgotten. The fact that the man who
is able to employ thousands of men may have com-
paratively as little ready money at his disposal as one of
his workmen never receives a moment's attention.
But the existence of inequalities on both sides is the most
striking argument for something being done in the
common interest of labour and capital. It is this, and not
the prevalence of trade unionism, which justifies the
appointment of an influential committee for the purpose
of joint action with a view to discover defects and devise
remed:es. Happily, the time is ripe for the enterprise. It
is no longer possible, as it was never justifiable, to attempt
to repress unionism by sheer denunciation. The mischiefs
engendered by the uncompromising attitude of both parties
are gradually dying out. The injustice of condemning
every union because one or two merited unsparing rebuke,
will not again be repeated with even a show of plausi-
bility. It is the determination to criticise in a hostile
spirit, rather than to inquire in a kindly tone, which has
embittered the working man against a portion of the
press and a section of our public men. To this let there
now be an end. We believe that all the working men
desire may be attained without continuing certain arrange-
ments on which they have set their hearts.

LAW AND POLICE.

The Standard declares that there is no doubt that the
anticipations of the public in regard to the elevation of Sir
Robert Napier to the peerage will be speedily realised,
and that Parliament will shortly be asked for a grant to
the general who has added so brilliant a chapter to the
military annals of the nation. The question to be con,
sidercd, however, will be whether the grant should take
the form of a pension, with remainder to the General's
h&r, or a sum of the value of the pension capitalised and
voted in a lump. There are considerable advantages
in • the latter plan. In the first place, the House .
of Commons dislikes pensions ; in the second, the
element of chance enters too strongly into their
dispensation. It is possible that Sir Robert Napier and his
heir might live many years to enjoy the pension ; on the
other hand, the legal recipients might be cut off in very
few years, and the family might lose the benefit of the
nation's gift at the moment when it was most required.
But the sum, say of £50,000, might be invested toproduce an
equivalent to the pension, and secured to the family
under all circumstances. We are inclined to hope, there.
fore, that the nation's tribute to the distinguished soldier
will take that form. About the unanimity of the vote
there can be no uncertainty, Men of all political creeds
vic with one another in eagerness to do honour to the
General and his army, and the severest critics of our
military administration can only praise.

ACTION AGAINST THE SHERIFFS OF MIDDLESEX.—In
the Court of Common Pleas an action was brought against
the Sheriffs of London for allowing a prisoner to escape
from their custody. Mr. Chalmers, a stationer, had
advanced one Dolby the sum of £225 upon a bill of
exchange. The bill not having been met, the plaintiff
caused Dolby, who he understood was about to leave the
country, to be arrested. After Dolby was arrested his
father undertook to pay the plaintiff the sum of £l5O on
account within a week, and to give security for the
remainder of the debt. Before the week had expired,
however, the defendants allowed Dolby to escape, and in
consequence Dolby's father refused to pay the money.
Dolby was afterwards prosecuted and sentenced to penal
servitude for forgery. The jury awarded the plaintiff £255

What, the Telegraph asks, shall be done with the House
of Lords ? No one who considers what the new House of
Commons is likely to be—not only in the next Parliament,
but in after years, when the people shall have gradually
possessed themselves of :the franchise—can doubt that it
will be most desirable to make the House of Lords work in
fuller harmony with the Chamber which more directly
represents the nation as a whole. The remedy for the
present want of accord would be to make the Upper
Douse the indirect representative of the selected worth,
manliness, and mental power of the whole nation. Even
the inn- ending change in the Irish Church will make a
reform more needful. Whatever other causes may compel
us t ) exclude them, we must regret being obliged
to send away from the House of Lords the only Irishmen
—the Protestant bishops—who sit there because of personal
merit ; for the Irish representative peers, like the Scotch,
are merely the nominees of Lord Derby, or the Tory
leader for the time being. With a life peerage properly
organised, distinguished Irishmen and Scotchmen, as well
as Englishmen, would bring to the House of Lords a rich.
ness, a strength, a variety, and an influence that are now
wanting to i`s debates and decisions, and that would
enable it to represent with fidelity the most thoughtful
classes of the United Kingdom.

Mr. Disraeli's first peer, Viscount Briclport,
enjoys a somewhat exceptional honour. He exchanges a
barony in the peerage of Ireland (an honour which
confers no right to a seat in the House of Lords) f( r
a visamntcy. As a rule an Irish earl or viscount is content
with the lowest order in the English peerage—a barony.
For instance, the Earl of Dunraven sits as Baron Kenry.
Viscount Monck as Baron Monck, and Viscount Boyne as
Baron Brancepeth. During a little over 35 years 24 Irish and
16 Scotch pee!s have been created lords of the United
Kingdom.