The Sun.
London, England, 1844-07-26 00:00:00

IRY.T of the MR JOURNALS.

mom VIE EVENISCI PAPERS OF TflnthDAY.
STANDARD.—Mr. Fitzroy Kelly last night, in con-
sideration of the advanced period of the session, with-
'drew his Bill for providing an appeal in criminal,
cases. Sir James Graham, on the part of the
Government, gave a pledge that the subject
shall be seriously considered during the re-
aals We are willing to believe that by the
rangement thus come to, -the valuable reform
eontemplated by Mr. Kelly is not likely to suffer, in fact,
tiny delay ; if pressed forward a month ago, the Bill
-would have raised an opposition, sure to render impos-
eible its passing this session ; whereas, introduced ;as it
may be after mature consideration by the Government, it
is almost certain to succeed upon an early introduction
izext year. We have observed, and if our readers take
the trouble to look back to the progress of legislation
Taring the last few years, they will find that rnee-
suree, postpened under circumstances similar to that
Fes which Mr. Kelly has postponed his Bill, pretty
s:enerally arrive at harbour more easily, and in
effect
.nore promptly than others. The writer of an ungra-
ious, if not ill-natured notice of Lord Ashley's motion
ee this morning's Times, would have done better
'lad he taken into account this /important truth.
'The writer in question complains that Lord
Ashley delayed his propoiition to the close of
;he session. It was not from want of zeal or foresight, all the pub's,,e will easily believe, but, as we are
,evinced, in the 'exercise of a sound discretion, and with
view to ensuee its success at the earliest period possi-
!de. Beeioses that such a proposition could not be pro-
: erly- eseivassed until after the passing of the New
Poor 'saw Amendment Bill, still in progress, what
eeeann is there to suppose that the Queen's Mi-
risters would or (indeed amid the countless occu-
pations of the session) could give,* "the attention
which the importance of the subject merits? Or was it
ro be supposed that Ministers could adopt-the measess
enexamined? By proposing his measure in that mag-
nificent and affecting speech in which he did prs:,pese it.,
Lord Ashley has secured to the subject or it the at-
tention of the country and of the
. "Government
for the ensuing half year, end e 4 government
the pass-
ing of a remedial law. But the writer in the
Times says that Lord Aslfiey is not a states-
man, alleging in proof that the Itoble Lord will mount
Ile hobby but his own (ths.st he will not get behind the
Times upon its hobbs:, and that he will not press even
his own hobby to P. gallop. In our opinion the very best
proofs of the roCatestuanlike qualifications of the Noble
Member for. Dorsetshire can hardly be more clearly
seen thPea in this very complaint of the Times.
By concentrating his energies upon one object
BL
tt time, his Lordship always secures the
.no.ral victory, sometimes the practical victory too, as in
tar cases of the Mines and Collieries Bill, and as in
the case of the Factory Bill, upon which he had
the practical victory, though he was deprived
of it by a coup d'etot—perhaps a necessary
coup detat—but one which certainly acknowledged
defeat ; while by early provision and patient waiting
he obtains results which he could not other :se
obtain. The best general is he who organises and
secures his victories before he opens the °lmpair,.
and surely be is not the worst stistesman "who
long beforehand organises and eseeures vic-
tories, as Lord Ashley has unifortedy done. Doubt-
less Lord Ashley might have evade', the sneers
of the Times, had he postkoned his motion un-
til next February, and then, introduced it with an
almost certainty of betsg defeateduis after having
contributed his share to the waste a the session.
This, however, does not suit Lord Ashley's notions of
This, ; he. wants bis Bill to be carried, and
carried with 'at little waste of the public time as
possible, an'.l therefore he introduces it for consider-
ation, hough at the risk of the disapprobation
of a journal which has, indeed, not been
mutiti in the habit of encouraging his Lordship's
exertions for the good of our fellow-subjects,
Lord Ashley will, however, in the end beat the
Times and his other opponents and detractors. There
,'sins ground rapidly in the country an opinion that the
Noble Lord has struck out the true road of statesman-
ship, and though his Lordship may not have, and we
suspect he would disdain to have, a party--a deficiency
with which the Times reproaches him ; he has the people
of all parties.
GLOBE.—It will be seen by reference to our Parlia-
inentary report, that Mr. Kelly's Bill for providing a
Court of Appeal in Criminal Cases, was last evening
postponed to next session. The Hon. and Learned Gen tleraan who introduced the measure was driven, with
manifest reluomnee, to consent to the postponement, in
consequence of the threat with which Sir James Graham
concluded his request, that if the Bill were pressed, he
(end Of course those who perform his bidding) would
ee against it. We regret the fate of this very un-
fit]. measure. It was received on its introduction,
saath cordial approval both by the House of Commons
, and the public ; for it seemed calculated to supply an
acknowledged deficiency in the criminal code of this
country, which does not exist in the criminal juris-
udence of any other civilised nation"; the necessity
ibr supplying which, in some such way as that pro-
vided by Mr. Kelly's Bill, had become increasingly
evident, to obviate inconveesience to the Judges, and
to prevent injustice in the administration of the law.
To provide an appeal jet civil eases, from, the decisions
of Judges and the VP:diets of the juries, to the united
wisdom of the Jus:sges sitting in banco, who revise the
law of the Judge and the evidence in the cause, and
who may re;eerse the judgment of the Court below, and
to refuse. such an appeal where liberty and life are at
etake, is really so monstrous an inconsistency as may
'well excite astonishment that it has been so long suffered
to exist. The Hon. and Learned Member for Cambridge,
in the speech with which he introduced his Bill, adduced
several instances in which, there was every reason to fear
innocent persons had been executed for alleged offences
s f which they had been convicted, but whose non-
participation in the commission of those offences was
subsequently shown ; and whose lives, had their cases
been revised by a competent tribunal. would
have been saved. Other instances—equally con-
firmatory of the necessity for establishieg a court
of appeal in criminal cases, were, also adduced ;
some of them having occurred within the profes•
sional experience of the Hon. and Learned
Gentleman,
and others with which he had been furnished from the
testimony of credible witnesses who were acquainted
with the facts—in which circumstances were brought to
light, at the eleventh hour, thee showed the innocence of
parties convicted upon mistaken or perjured testimony,
persons who were wailing, in all the agony of antici-
pated death by the executioner, the doom to which
they had been consigned, and who were only pre-
served front execution by the most strenuous
exertions. The memories, if not the actual per-
sonal knowledge, of most persons who have watched
the sednsinistration of justice with attention, and have
examined the grounds on which the convictions-of persons
for grave offences have rested, will supply many instances
in which doubts have arisen as to the correctness of ver-
dicts, in which the revision of the cases,- by a tribunal
constituted for the purpose, empowered to investigate any
additional facts which had been elicited, would have
tended to satisfy the public aneiety as to the justice of
the sentence. On the other hand, it may be reasonably
as lumed that the result of such a revision in some cases
would be, that the Convicted party would have escaped
Vie infliction of the sentence which followed conviction
(.-t• corrupt evidence. It is no satisfactory answer
te the well-established facts and arguments in fa-
s eir of providing such a tribunal, to say, that
t;) e cases of persons whose convictions are Hot
tes eifestly justified by the evidence, undsrgo a care-
and anx;ous revision at the Horne-ollice before
tee sentence of the Court is executed. The public have
e- equal right to know the grounds on which a sen-
tence is reversed, as they have to be present at the trial
the individual. It is quite as possible for a Home
sretary, or those to whom he entrusts the duty of
wising such' cases, to be actuated by improper moe
si els, or to be imposed upon by specious 'evidence, as
fi the court and jury, which were conducted to an
c. soneous ceeclusion, to have been mistaken or, imposed
Lion on the trial. The English people- have an inr
scolerate and well-foureled objection to seeresy in judicial
eeatters. Publicity—both with respect to the proceed-
fees and their results—is, in their view, essential to the
in.partial administration of the laws ; and they are not
,aiseed to waive that objection, even though the duty
revising the cases of convicted parties devolve on
f r ham. Sir James Graham is not satisfied with " the
teineiple" of Mr. Kelly's Bill. The " principle of the
Ei:l is," we admit, " everything." But that principle
r r mei y simple. It possesses a lucidity so perfect, that,
f,S the great luminary of heaven, it is seen by its own
et, and approves itself to the understanding and the heart
very man to whom it is propounded. That principle
that patient, searching investigation should precede
eve'shment. To hang first, and inquire afterwards, is
>ming the order of justice. In order to pre-,
7, ,t the perpetration of judicial—the worst of all—
:eerclers, and to preserve the innocent people from
:ng subjected to ignominious punishments, in-
Iving irremediable ruin, inflicted in -the- name of
4., i, an appeal should lie from the court which has
t.eenounced a doubtful judgment, to a tribunal which
‘,y reverse the decision, and avert the injustice, of an
iers;tist conviction. To this " principle" Sir James Gra-
ham objects. We hope reflection will remove the Right
lion. Baronet's doubts. At all events, we hope that
Mr. Kelly will persevere with his Bill ; and, by renew-
ing it early in the next Parliamentary year, prevent its
being thrown overboard among the " postponed" mea-
sures of another do-little session.

The complainant stated, that about eight o'clock on Wed-
nesday evening, she was standing about three feet within her
door with her apron to her face, when the defendant crossed
the street and without uttering a word committed an assault,
the particulars of which were of too indecent a nature to de-
scribe. She immediately collared him, and the circumstance
having drawn the attention of a neighbour, he called a cone
stable to whom the defendant was given into custody. He
then made a laugh of the matter, and said he never was in
the habit of assaulting women.
In answer to the defendant, the complainant said she
struck him on the head, feeling indignant at his conduct,
and she might have trod upon his hat which fell off in the
scuffle.
The constable proved, that when he arrived the defendant
was much excited, but quite sober ; and he did not deny
having touched the complainant, though accidentally, with
the stick he carried at the time.
The complainant being recalled, said the act was corn-,
witted by the defendant in the most deliberate manner with
his hand, and she was standing at the time inside the
threshold of her door.
In answer to the charge, the defendant said, in his hurry
he could not say whether he touched the complainant
with his hand or his cane, and as the act was purely unin-'
tentional, he had only to express his regret at having given,
any offence.
Mr. Ilere, said it was not to be tolerated that a respectable
married woman should suffer such a gross indignity while
standing at her door, and the defendant should pay a penalty
of 31., er be sent to prison for 21 days. The defendant was,
then removed from the bar, and in the course of the day hay-1
' in, paid the fine, he was dischar ed.
Gwrge. Gat.lr, a constable of the F division, who was
brought up on Tuesday last, charged with having without
lawful cause taken Mrs. Hogg, the wife of a hosier and glover
in Fleet-street, into custody, she having merely drawn his
attention to the condition Of a child apparently deserted in
the public streets, attended before Mr. Twvford to receive the
judgment of the Court, which had been deferred for the pur-
pose of taking the opinion of Mr. Hall, the chief magistrate,
upon the subject.
Mr. llogg, who was present, had the whole of the evidence
read over, and was complimented by the magistrate for the
steps he had taken in bringing a subject of such importance
before the public.
The defendant said, that there were a great number of re-
spectable persons present who were willing to come forward
in his behalf; but he did not think it necessary to call them,
DUTCH MAIL.-`- expecting that Mr. Hogg would tell nothing but the truth.
AII3TERDaer, JULY 20.—1 t appears from the annual re- Mr. TWYFORD—He has told the truth, that you impro-
perly persisted, contrary to all remonstrance, in taking his
port of the affairs of the several provinces of the kingdom wife into custody, and, as you seem so obtuse, it is very right
!hat the population on the lever January,lB44, was 2,953,618
en the Ist of January, 1843, 2,927,343 ; increaee, 26 you should be made to know your duty.
,275.
There were in 1843 21,212 marriages and 36 divorces. Of the CLOSE OF TILE SESSION.—It is expected that the re-
,;aThe-defendant said the child was dressed in black, and so
Mrs. Hogg, and, on his telling her she should go to the
livorces 29 were in North and South Holland. The popula- gular business of Parliament will have been disposed of
.1
station;
sI she said it was not her business. He then addressed
tion of which is about a million. by the end of the (kit week in Anguet.. The Parliament
THE llmauF„ JUL'! 23.—The negotiations for the exchange Will not, however, be then prerogued ; but the session, her in respectful terms, saying it was her business; and upon
I her husband coming up, he said she should not go to the ste-
m sale of the inscriptions in the great book of Belgium to will be continued by adjournment to the 25th of August. thin, unless it was distinctly stated she was in custody. He
:he amount of 80 millions of florins took place at Amsterdam The. purpose of this arr2rifeernent is to afford time for re •• said,
if the child was left in his care she should consider her-
on the 19th, in the presence of Mr. Van Hall, Minister of (Tieing the •reports of the Judges, and making up the self in custody, and she was then conveyed away in a cab.
Finance, and of Messrs. Reael and Fock, Commissioners i,e,,geneet of the lleuse of Lunt upon the writ of' error He never heard the lady was in the family way, nor did he
appointed by the King. brought by Mr. O'Connell and his fellow-prisoners.— observe that such was the case.
The Minister of Finance laid on the table a sealed note Herald.
:entwining the minimum at which his Excellency had
ould in future interfere with a child
EXTRAOEDI— ' C' would b'e that no person w
decided that the tenders should be accepted. ,_There were
rinetiorgzilicnsebbrull, the property of Mr: Hough-
-I.ATZT AND o ITOC 11 LNG ACCIpE',YT.— Mr. reeve-Pow) said the consequence of such an argument
Oa Tuesday me ^1
to situated, and he considered it quite sufficient to point out
160 tenders, part of which offered to exchange Belgian in-
ton, of Upton,
Aylesbury, was
seven o'clock, when about the circumstance to a police-officer without the fear of being
ecriptions for the equivalent of Netherlands inscriptions, at train, which leaVee tlizi:t was proceeding by the first
s from Trieeceha pan.si flew from the engine; and fell made a prisoner. He had consulted several persons upon the
2e: per cent. The sealed note having been opened, it ap-
-11 was;eieetxetnhuer,i-sotif-a ‘tyb
e immediatelycarriage
t u
pea red that the minimilm fixed by his Excellency was 61 into the truck in whi subject,ht and their impression was
oug to be IL, 1e ; ,wevuesuldthniatitigthaetehtihgehesfiteepetnual37.,
eer cent.
ignited, and completely t,
enbau or imprisonment for three weeks.
't he Minister having retired for some time with the Corn- ignited,
a
charcoal, singeing the poor animal The defendant immediately paid the fine, and he was dis-
niesionere, to deliberate, it was declared, in the name of his bacon hog, large pieces of his flesh we•reacluyrnasedoonf; charged.
Aeie 1 ncv t C 320 lots were disposed of, to the amount
114 1: r. Me 'each, making in
dto
h X 6- were for
all 6,420,000 florins.
payment in money at 61 per' I,,ee
..„..-- e.tu:
~ti'se:eope ange for inscriptions at 2i per cent.
( of his eyes completely destroyed The poor d one
creature eves
brought back' o AyleelefrY hr the ten o'cloele train, aud 1-•
taken to Mr. Lepper's, the , • , las. Mr. Hogg repeated that .
e veterina-v surgeon, wheni-lre re- a .' • he
_,came forward on public
"to 'brin groqade ; and, as it would not be worth his while . g
n actienlieeditet the COminiesioners, he wished to know if
mains without any chance of his re&wery. Wh - the defendant would be allowed to remain in the force after at melees it
such cemeuct?
e. ee
..
~ hail hein.g opened, it seems that there were
0. 4See.-e7 , 0tV,....,_..j Ol" which 385 were rejected as being belowdistressing '',, ti•at he w^l a animal
more i, ~ . noble proceeding - , i .. •, 1
"1 dr?
(..
=kre i.;,•• : to the Royal Agricultural Society's show at Southampton
and was the only specimen sent from the Vale of Aylesbury 17111 r. rum! sem helead no control over such matters,
' hich resod entirely with the authorities at Scotland-yard.
... ...
_.,4'S
AN a s

INSOLVENT D F,II TO RS' COURT, July 25.

IN RE CITA:ILES' ALEXANDER COOPER.
The insolvent's petition was opposed by YI r. • Nicholls,
on behalf of Messrs. Jarvis and Baring, for having been
guilty of a breach of trust. It appeared that the insol-
vent had been appointed a trustee over certain property,
and in that capacity had appropriated a suns of 162 L to
his.own use and bfinefit.

Mr. Cornm;ssioner LAW considered that the charge
of a breach of trust had been fully established against
the insolvent, and ordered him to be remanded for six
months from the data'-of his vesting order.
The Court was again thronged this day by petitioners,
who vainly waited for the operation of the new Bill for the
abolition of imprisonment f-ir debt.

31AYOR'S COURT, GUILDHALL„TuIy 24.
wiLLum ARTAcut MICE, CLAIMANT V. THE MAYOR, &C.
„.. _ .

O. LONDON.
This was s.ease. for compensation, in consequence of
the premises, .No. 17, Ma;:lei-lane, in the City of Lon-,
don, of,whieh the•eleimant was the freeholder and occu-
pier, being req&reJ by the City, for the purposes rf im-.
proving. the appr,)aCties to L')n.lon-bridge, under the
autlioiityof.attAct of Parliament of the third year of her
present Majesty."

mr.Keliy; with Mr. R.-olden and Mr.Lanrie, supported:
the claimant; and S'r is Wilde, with Mr. Ryland,
appeared for the City of London.

It is understood that the claimant demanded 4,9034
as the total amount of compensation for his premise:.
It scar stated in Court that the Corporation of London
made an offer, previously to going to trial, of 2,0001., and
that the claimant refuied to taktt less than 2,1001.
SeVeral witnesses werzt called in supp.wt of the claim,
but it was not considered necessary to call any on the
part of the Corporation.
The RECORDER summed up the case with great mi-
nuteness ; and, after a short dclib.Tation, the jury re•
turned a verdict, awarding to the claimant the sum of
1,9.504, being 5u4 less than had peen offered before the
trial. The vahte of 'the fixtures had been agreed upon,
between the respe.,:tive valuers, at the sum of 794 2s.