The Sun.
London, England, 1844-02-06 00:00:00

PROM THE EVENING PAPERS OF YESTERDAY.

GLOBE.—Those conversant with the proceedings of
courts of criminal jurisprudence Bare remarked, that
when the evidence against a prisoner at the bar has shown
itself too strong to be shaken by direct testimony, the
counsel for the defence adopt one of two modes to afford
their client a chance of escaping conviction. The first,
and that most frequently adopted, is to argue upon the
extreme improbability of his being betrayed into
the corrueiqsion of the particular crime of which
he stands accused. His habits--his disposition, so
opposite to the tendency of heart and life tending to
such an offence, would justify a doubt—heavily as the
evidence may seem to press against him—that some
mistake exists ; which, though not capable of deten-
tion by his counsel, nor of being explained by the ac-
cused, will justify the jury in acquitting him of the
charge. Of course, a host of witnesses will be ready to
swear that the gentleman at the bar is all his counsel
has said respecting the correctness of his morals and tha
kindness of his heart. In many cases, this line of de-
fence succeeds, and the prisoner is acquitted. The other
mode is to rest his defence upon the previous excel-
lence of his character ; to fill the Court with wit-
nesses—all of whom have known the prisoner a very
considerable time, and never knew anything against his
character until the present charge, which placed him in
his now unhappy situation. The design is to raise a
presumption in the mind of the jury, notwithstanding
the facts in proof, that he has not been really guilty of
the offence with which he is charged. A course some-
what resembling this seems to have been adopted in the
House of Commons on Friday evening, by the members
of the Government who undertook the defence of the Irish
Attorney-General. The charge brought against this
functionary was, that he, while engaged in
conducting a State prosecution, of the deepest
importance to the parties he accused, and to
the country at large, was so far regardless
of the respect he owed to the Court; of his duty as the
principal law-officer of the Crown in the country ; and
of the temperate and impartial administration of justice
toward the indicted parties, who then stood on their
deliverance, as to challenge to personal combat one of
the counsel for the defence, who was then in
course of addressing the jury in behalf of his client !
There were other counts, charging him with unfair-
ness in his general mode of conducting the
prosecution. The proofs establishing the case against
this officer of the Government were so strong, that even
the leading counsel for the defence of the culprit, though
he muttered something of " the House being imper-
fectly acquainted with the full particulars of the case,"
did not attempt to rebut the facts as they had been stated.
Still it was necessary to frame something in the nature
of a defence—seeing a defence was to be set up. And
how was this done ? After the most approved Old
Bailey fashion ! By drawing the attention of the jury
from the facts, and pronouncing an eulogium upon the
private virtues of the accused party. First it was at-
tempted to be shown that he was not a person at all
likely to be guilty of the particular piece of miscon-
duct imputed to him. "He had displayed remarkable
coolness of temper and moderation of judgment in
conducting these proceedings"—and these, it was further
urged, are the qualities by which he is, and always has
been, distinguished. Another witness stated, " the At-
torney-General conducted himself with the greatest po-
liteness and kindness of demeanour during these trials."
Now, all this testimony was brought forward to show
that from his previous habits the party accused was
not at all likely to be guilty of the offence charged
against him (and especially of those in the other
counts); it was, therefore, peculiarly unfortunate for
him, and those who undertook his defence, that it was
met by the stubborn fact, that he had been guilty of
them ! It was evidently felt that mere presumption,
where the proofs of criminality were so strong, would
do little by way of rebutting the charge. This diffi-
culty was met by calling witnesses to general
character. These (as in Old Bailey practice)
were easily found. One, who had known him for up-
wards of twelve months, could safely say, that " a more
honourable, right-minded man does not exist." Another,
that "he is an honour to hisprofession"—that " no man
is more remarkable for high-minded conduct, both in
public and private life." A third, that "in private life
he was a man of most exemplary character." Now,
this is exactly what is seen at every session of the Cen-
tral Criminal Court. It resembles it in another parti-
cular ; viz., its utter inapplicability. It is just as if a man
charged with forgery should receive a good character for
temperance ; or one of the swell-mob, accused of picking
pockets, for his humanity to animals. The forger and
the member of the swell-mob, when acquitted by
juries, upon the strength of the good character given
of them by their friends and associates, sometimes take
their departure from the Court with an expressive com-
pliment from the Judge—that " they leave the bar
without a blemish upon their reputation !" So it has
been with Mr. Attorney-General Smith. That he
is guilty of the monstrous outrage of which he was
accused there exists not the smallest doubt. But his
general character (whether true or false) for the time
served him. He was not only saved from merited pu-
nishment, but his employers informed the Court that
" they had taken no steps toward his dismissal, and do
not contemplate taking any." In short, they intend to
retain him in their service I Mr. Attorney-General
Smith is, therefore—at least for the present—a
free man. Whether he will be equally fortunate
on a future occasion, and before another jury, re-
mains to be seen. What may, however, be the fate
of this unhappy subordinate official is not a mat-
ter of much moment. The day is not distant when
his masters, who are the principal delinquents, and have
adopted his guilt by screening him from punishment,
will themselves stand, with him, at the same bar, from
which, by their means, he has just escaped. The
charge which will be preferred against them is one
serious in its character ; and of its truth the proofs are
abundant and irresistible. They have conspired against
the peace of one portion of the empire, and against the
prosperity of the whole. Their speeches and their acts
attest a mutual purpose. In fact, they are guilty of
originating the very measures in carrying out which
Mr. T. B. C. Smith has been only an agent—their hired
tool; instructed, paid, and protected by them. If the
jur' which is to try these criminals perform their duty
their career of crime will be stopped.

DEATH OF GENERAL CuNNINGHAME.—This Gallant
Officer, whose decease has been officially reported at the
India House, has been in the service half a century, and was
promoted to the rank of Lieutenasit-General 28th June, 1838
((the Coronation brevet).
CAUTION TO LICENSED VICTUALLERS.—..On Friday
evening, about eleven o'clock, a man, having the appearance
of a gentleman, wrapped up in a large brown Chesterfield
coat, and who stated he had arrived from Reading, per rail-
way, inquired at the bar of the Bull and Anchor, 92, High-
Holborn, if he was too late for a bed, and being told he was
not, walked into the parlour, and after partaking of refresh-
ment retired to rest. In the morning, between nine and ten
o'clock, the landlord met him on the stairs, when he stated
he should return to dinner, and left a brown paper parcel to
be taken care of. Previous to his leaving the house the
chambermaid, on examining the room in which he had slept,
found everything correct. Within an hour after his departure
the landlord's wife, on going to a drawer in her bed-room,
was surprised to find it in disorder, and the under-mentioned
articles stolen :—a new velvet vest, a satin vest, and a pair
of doeskin trousers. On making a further search the whole
of the upper part of the house had been ransacked, and a
new gown-piece stolen from one of the servants' boxes. It
appears the fellow mast have been disturbed, or he would
Lave taken more. He is about thirty-five years of age, five
feet nine and a half inches high, fair complexion, straight
light hair, very fresh coloured; his boots were remarkable,
being leather half-boots to button inside, one without but-
tons, and the other with only three on. Information was
immediately given to the police, who are on the look-out for
the fellow. On examining the parcel he had left it was found
to contain a striped cotton shirt and two pamphlets.
" An immediate vacancy in the' representation of
the borough of Dudley in Parliament" is not " likely to
occur." Thomas Hawkes, Esq., the present Member who
paired off with Captain Vivian, and who is now on a visit to
the south of France till the approaching Easter, declares it
his intention to resume his parliamentary -duties at that
period. This communication has been made to the gentle-
man's own friends at Dudley, who are now much enjoying
the vain bustle of the self-important League, with Mr. i
Acland in their rear.—Ten Tozoss Messenger.
PoRTER.I—The first person who brought the making
of porter to perfection was Mr. James Harwood, an eminent
brewer in Shoreditch ; he died in October, 1762.
PEDESTRIANISM EXTRAORDINARY.—Betijamin Rid-
ing, alias the " Morning Star," has now completed the un-
paralleled feat of walking 1,500 miles in 1,500 successive
Hours; and his committee beg to state that during the time
of his performing this unprecedented feat, he haewalked over
and above the task 180 miles, making in the whole 1,680
mile. in 1,500 consecutive houre.—Leeds Times.
DREADFUL ACCIDENT AT LIVERPOOL.—The wea-
ther at Liverpool for tl last few days has been most tesuptestu-
ous, and such as to render the navigation of the river to the Che•
shire slips not only inconvenient, but extremely dangerous. On
the arrival of the Woodside steamer on Wednesday morning,a
gentleman in the Custom-house, of the name of Mackerel, being
eager to land, unfortunately jumped short of the pier, and from
the oscillation of the steamer then moored to the side of It, he
stumbled, when his thigh was absolutely amputated, the seveigi
limb being retained only by a portion of the outer skin, Prompt
assistance was rendered, and the sulker was conveyed to the Nor.
them Hospital. The unfortunate gentleman has only been
married nine months, and his wife is now far advanced in prep.
nancy. There is hardly a hope that he can survive the aarident.
THE WILL OF EARL FERRERS.—The will and
three codicils of the Right Hon. Washington Earl Ferrers
and Viscount Tamworth has recently been proved. In his
will, he appoints W. Matthews, Esq., sole executor; but, in
a codicil, revokes that appointment, and names his Royal
Highness the Duke of Sussex (since dead) and P. S. Shir-
ley, Esq., executors, to whom he bequeaths 100/. each to
purchase a ring; to his grandson he gives 500/. ; to another
a full length portrait of himself; and directs his executors
to offer his library to his grandsons, at a fair valuation, and,
in case they should not become purchasers, to sell the same
by auction. His conservatory is to be pulled down and dis-
posed of in the same manner. To his late wife's sister 1004 ;
to his adopted child, Eliza Davey, 1,000/. ; to two of his
servants legacies of 200/., free of legaey duty. The property
is sworn under 30,000/. From the effects of a paralytic
stroke, the deceased was unable to sign his will, and made
his mark instead; but he appears to have recovered from
its effects, for the codicils are signed "Ferrers" in a firm
bold hand.

THE WEATHER.—Winter, now that February has
arrived, has set in in right good earnest. The weather was
comparatively mild up to Tuesday night, accompanied by
high wind, but early on Wednesday morning we were sur-
prised by a sudden storm of thunder and lightning, which
was succeeded by snow. This was followed by fine clear
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Leicester Mercury. been falling fast for several hours..—
KNACE.ERS' YARDS.—On Friday night a petition
from the Committee of the Royal Society for the Prevention
of Cruelty to Animals, and complaining of the inadequacy of
the law relating to those places, and praying for relief, wai
presented to the House of Commons by the Honourable J. S.
Wortley, and we are informed that a Bill for consolidating
and amending the laws now in force has been prepared
under the direction of the Committee of the Society, and will
Lie iatroducetlia he early part of the stiliQU.