The Sun.
London, England, 1844-06-03 00:00:00

DATlnovs ROYAL SURREY THEATRE

The three New Pieces, and Mr G. Wieland's inimitable perform.
ance having been approved of by brilliant audiences, the same
Entertainments will be continued.
THIS EVENING, JUNE 9,
will be repeated a New Drama in Three Acts, entitled THE
lIiiTRUM ENT OF TORTURE. in which Aram. Saville, Hughes,
&km:4, Honnor, Vale, Lewis, and Johnson; Mrs. H. Vining, Mrs.
Itugiws, and Mrs Hicks, will perform.
After which e New Burlesque entitled GEORGEY BARNWELL.
iip9orted by Messrs. Vale, Neville, Heslop, Mrs. Daly, and Miss
errey.
To conclude with a Grand Fairy Spectacle c filled THE SPRITE
W THE SNOW DRIFT. Zimmeir. the Sprite, by Mr. G.
Atieland. Superb Sceneryand Dresses. Extraordinary effects, and
'wonderful feats.

aces glut Private Boxes to be had of Mr. Kerschner, at the Box-
fto-i Eleven to Four.

THEATRE ROYAL, ADELPHL
OPEN EVERY EVENING.. •

l'lse greatest triumph ever known in England ! Mdlle. Rossini, the
Wonder of the Musical World!! ! .
Millie. Rossini is a pretty young Lady, who has acquired a per-
fee mastery ever the Violin, using her bow with c nfidence, exe-
cuting rapid passages with facility, and producing a tene both sweet
and powertni In fact, she is a very clever young Lady."—Times
...wile. Rossini played two grand Fantasias on the Violin with
Ldinirahle execution and effect, and with a skill and command that
di ew from the audience repeated bursts of applause "—Post.
" •ri.is young Lady execc dad some very difficult music, with the
readiness and finish of a perfect artiste, and displayed her nruttery
.over the somewhat novel instrument in a Lady's hands, the Violin,
.41 giving the modern effects,' the pizzicate. the It :rrnonie?, and
sother embellishments of the Paganini school, in a style which called
fortis repeated plaudits."—Herald.
We had the pleasure Of being pr,sent at the private rehearsal
Concert of Mdlle. Rossini, the Lady Violinist, at the Adelphi
Theatre, arid were highly delighted and equally astonished at her
Perfn. mances. There is about her playing a firmness and precision
of touch, and a freedom of bowing, which we should not have ex-
pected from a Lady. Her purity and correctness of tone are truly
wonderful. In a Grand Scotch Fantasia, she introduced the beau-
tiful Air of Auld Robin Gray,' and gave it with an expressive
pathos, a thrilling tenderness of tone, that reminded us strongly of the
pathetic style of bliss Stephens' voice in the same Ballad. She was
:admiral): y supported by the members of the Collini Family."—Sun.
;lever was trium .h so brilliant. he Adelphi is nightly crowded
by audiences most fashionable, classic, scientific. and the musical
elite, who pronounce Mdlle. ROSSINI to be the Paganini of the day.
The Great Wiz ird of the North begs to refer the Public to the cri-
tiques in the Times, Post, Herald, Sun, aid all the leading Weekly
Journals, on Mdlle. ROSSINI'S extraordinary powers outthe Violin •
't licse are the best credentials he can offer. To his own unparelleled
Entertainment he is nightly adaing NEW, WONDERS. He will
:nightly appear with the above highly gifted La iy, and prove, by
'ocular demonstration, that he is the Great Professor of.NATURAL
:MAGIC and EXPRIMENTAL PHILOSOPHY.
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Doors open at Hall-past Seve,n, performance commence, at Eight.
lees, 4s. • Orcbestra Stalls, 35.; Pit. 25.; Gallery, Is. Second Price
:Gt o,lne o'clock. Private Boxes can be engaged at a;1 the Libraries,
arkti,at the BoK.offlce. Carriages at a Quarter before Eleven.

ROYAL SURREY ZOOLOGICAL GARDENS
LONDON in the OLDEN TIME—GREAT FIRE. of LONDON

PRONfENADE CONCERTS—SUPERB
The Proprietor has the utmost p6le in contemplating the results
et the Hirsch our Nights of the Season. The thousands who, in de
liance of the weather, have crowded the Gardens each Evening, have
isonou need the General Arrangements to surpass all former effort,,,
and decides him to continue the Exhibition Four Nights each Week
—viz., Monday, Tues.lay, Wednesday, and Thursday: The Day.
Light View of the Matchless Picture is attractive beyond all former.
precedent—it is a perfect Gem.
st Nine—Feeding of the Carnivora at Five—Concert at Six—
Conflagration at Dusk.

EGYPTIAN _HALL, PICCADILLY.
• IMPORTANT NOTICE. .; I
ONE SHILLING Admission to THE NAPOLEON MU-
:-.Elllf, the most magnificent and extensive Collection' of 'llisto-
-teal Curiosities and Works of Art ever known to have open formed
One Person, during Twenty-five years of elaborate research, at a
,^ost of 60,0004,,0bica5; and to' completely illustrate, in the, most In-
-....ructire and interesting manier, the most Important part of Euro-
history, viz.—CHARLES 1., OLIVER CRO3I WF,I,L, sand
to`ttre deaths of GEORGE 111., and the t3II'EROR
:NAPOLEON, 1'21.. This unique Museum has been visited often,
ciuring'ilai last' vresent year, by the Royal Faintly, the Duke os
'Wellington, the Fpreign Princes,' Ambassadors,; surd t'.4eir Ladies,
testi many thoilsands sf the,Nobility find Public;. and the Pro-
} rletor has recently been able to Increase, by several very flue
Nit:tures, PfeVlous almost... Incredible 'number variety o.
Works of Art, and a multitude of valuable Relics, and other
curiosities, in this most inuglictive•andoa.s,itundreds have said it
ought to be, a NationaF•3ltisentd.--Many-thol.and have inspected it,
nd THIRTY', L'ILINCIPAL EDITORS of the PUBLIO-YRESS
;lave stated that it ought to be sifen by every ose. The price of admis •
i*.-in is reduced to ONE SHILLING..
e
aTA P' OI EON MUSEUM is to be seen only at the " Egyptian
*-‘411.-! Piccadilly, dal y from Ten till Dusk.

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WEATIIEH.—SuN OFFICE, JUNE 1.
fflutuouiri<m, Lowcst, 43, ; Highest, 64; Noon, 62.
Ea.„.•O3II:TER, 30.05.—Wmn, E..
20 rE.—The ninn:‘er a on the-Therniometet denotes the
fikiaint: point, • and• 51 temperate. In Baroriigrelti fair it)
tarly opposite 3p,
.a.ni.l rain at 29.

•
lef;tl WA.TEI;." Al' ,LO:SMOIsiThIUDitiE TLHS'DAT.
tvorrtng 15 minuto auer .3 I Eveping 38 minutes after 3.

,~ -.:.

We had then just brought to a triumphant conclusion
the long and sanguinary war against the despotism
of France, impersonated by NAPOLEON, and in this
, war the Russian EMPEROR took a most conspicuous
part; he was, in fact, our trustiest and most in-
fluential ally, and maintained with equal zeal arid
perseverance the great struggle for the deliverance
of Europe. As a matter of course, his successes
were our successes—his defeats were our defeats ;
the interests that for the time bound us to-
gether were essentially the same ; we were
led to believe, too, that he was a Mo-
Inarch exceedingly tolerant and enlightened in
his views, and willing, and even anxious, to
ameliorate the political and social condition of un-
happy Poland—in whose fate Englishmen, from the
days of KOSCIUSKO, have always taken a deep in-
terest ; and consequently when he made his appear-
ance among us, we received him with general
enthusiasm, for we felt that he had every claim on
the admiration and good will of a brave, indepen-
dent, and civilised people. But this is certainly not
the case in the present instance. The Emperor
NICHOLAS is not known to us as a lover of free
institutions ; we cannot forget that he was the
very last of the European. Sovereigns to recog-
nise the right of France to choose her own
ruler in the person of Louis PHILIPPE ; and still less
can we forget—would that we were able to do so ?
the ruthless severity with which he put down the late
Polish insurrection ; the unscrupulous manner in
which he destroyed the last remaining vestiges of
constitutional liberty yet existing in that ill-starred
country ; and the vindictiveness of his conduct to-
wards the bravest and most patriotic Pole 3, the ma-
jority of whom are now wearing away their lives,
without the faintest hope of release, in the mines and
deserts of Siberia. Neither are the EMPEROR'S recent
proceedings towards the Jews to be "washed in Lethe
and forgotten," whom—for some mysterious reason or
other, which no one has yet been able fully to ex-
plain—he has banished by thousands from the Rus-
sian dominions. We do not recur to these things,
from any wish to excite a popular feeling against the
Emperor NICHOLAS; far otherwise, for we do confi-
dently hope and believe that he will be everywhere
treated with that grave, calm courtesy and considera-
tion; which best become the dignity and self-respect
of a great nation like England ; but we mention them
because we think it right that our countrymen should
be made aware of the exact claims—" neither exte-
nuated nor set down in malice"—that the Emperor
of Russia has upon their admiration and their enthu-
siasm.

Perhaps the greatest anomaly existing in the whole
administrative system of our law is—that denial of
the benefit of an appeal from the sentence of the
judge, in criminal cases, which the jurisprudence
of the most enlightened continental States so care-
fully reserves to the convicted offender. It is a bar-
barous deficiency—the more striking and deplorable
because of the general perfection, the combined huma-
nity and wisdom, of that scheme of administrative
justice which is one of our proudest titles to superior
civilisation. We give the accused criminal, indeed,
every advantage which he can derive fr,-an
being guaranteed a dispassionate and unprejudiced
demeanour, and statement of the charge, on the
part of the prosecuting counsel ; and a merciful
readiness, on the part of the presiding judge, to
suggest to the jury any topics for favourable con-
struction of motives and actions, where these
although arising out of circumstances in evidence—
might otherwise be overlooked or undervalued by
minds less logically disciplined, or technically acute,
than his (the judge's) own. We have (very
recently, " however,) at length got rid of another
anomaly, which had for centuries disgraced the same
branch of our jurisprudence—by allowing counsel to
be heard for the accused in criminal, as for the de-
fendant in civil, cases;—" a great and mighty im-
provement," Mr. KELLY justly styled it. Let us'
add that, with it, the names of the Hon. Member for
Dumfries (Mr. EwAnT), of the Hon. and Learned.
Member for Ipswich himself (Mr. KELLY), and of
a distinguished law Lord in the House of Peers,
will always be most honourably associated; But that,.
for so many hundreds of years, we should Lye denied
this right of appeal to a superior tribunal, in criminal
cases—whilst in all cases and proceedings of a civil
character, " where lands, houses, merchandise, money,
or property of any kind, or the rights of succession,"
are in question, we have always conceded it to that
party, to such suits, "who has felt himself aggrieved
by the verdict of a jury, or the decision of a judge ;"
—this distinction does seem to be as unaccountable
and capricious as it is certainly inequitable. We
cannot remember to have read a speech in which the
invidious and dangerous character of this distinction
has been so ably handled, or so powerfully enforced, as
in that of Mr. KELLY on Thursday evening. It ex-
hausted the subject of the hardship, the cruelty, the
judicial murders (may we not call it ?), to which the
deficiency of such an appeal has not merely a ten-
dency to work, but which, alas, it has actually and
very lately perpetrated ! It refused the expediency,
the humanity, the justice of supplying such a defi-
ciency upon arguments absolutely unassailable. We
are reminded upon a careful perusal of Mr. KELLY'S
remarkable address (which we warmly commend to
the best attention of our readers), of those dark and
scandalous passages in our judicial history, tha still
preserve, in the records of " State Trials," in the
fifteenth, sixteenth, and seventeenth centuries, the
memory of wicked and sycophantic judges ; of timid
and overawed juries; and of unhappy victims to re-
ligious or political persecution, whom the right of the
tppeal now contended for, might have snatched from
the scaffold or the stake, and spared to the cause of
those holy principles of moral and of civil freedom
Which to have advocated was the real offence that
many olthem suffered martyrdom for.
We have said that in civil actions, the party deem-
ing himself aggrieved by the verdict
" Of one jury, or by the decision of a point of law by one
judge, had an appeal against the verdict of that jury—he had
an appeal to the court, and through the court to another
jury—he had an appeal against the decision of a single judge
to the court, and from one court to another, until he could
carry his case to the highest tribunal in the land—the
house of Lords, for decision."
Now let us see how Mr, KELLY contrasts the case
of a man tried under a criminal indictment :
" But if," says the Hon. and Learned Gentleman, " a man
were indicted for a crime affecting his character, his property,
his liberty, nay, even his life, he might be indicted, he might
have the verdict of one jury against him, or the decision
of a point of law against him by a single judge; but from
that verdict of one jury, from that decision of one judge, he
had no appeal. He might suffer in his character—he might
stiffer in his property—he might suffer in his person—he
might be imprisoned, transported, or suffer death—the de-
cision of the jury might be wrong, the verdict might be
erroneous, either in consequence of the jury having proceeded.
upon wrong evidence, or having drawn a wrong inference
from the facts given in evidence—the judgment of a single
judge might be erroneous on some point of law or practice—
yet from that verdict and from that judgment there was no
appeal, and an innocent man's life might be sacrificed."

Why this is all awfully true. And if the import-
ance of providing a remedy for such an enormous evil
can be enhanced, after such a statement, in the
opinion of .Parliament, let us call upon it to consider
how grave an inference of selfishness is raised in the
following passage against the spirit of that legislation
which can so long have tolerated the absence of so
righteous an appeal. Mr. KELLY observed,—
" He could. scarcely believe that such a state of things
would have been allowed to continue if the Members of either
House of Parliament had been liable to indictment for crimes
instead of being parties to actions. Those who came within
the reach•of the criminal law were undoubtedly, for the most
part. among the poorer and humbler classes of the com-
munity."

We have no room here to go into the particulars of
the cases addui!ed by Mr. KELLY, in exemplification
of the frightful injustice—the "judicial murder," we
repeat—to which the denial of an appeal from crimi-
nal convictions may lead ; but we doubt not that our
readers will be strongly moved by the remarkable
story of CHALKER, tried, convicted, and executed
nin-e'years since, for the murder of a gamekeeper in
Suffolk, of which another man has since acknow-
ledged the guilt to be his, distinctly exonerating
CHALKER from all participation in it. Again—the par-
ticulars of the case tried at the Huntingdon Assizes,
together, with Mr. KELLY'S own honest, benevo-
lent, and intrepid efforts, six times renewed, to prove
to the judge who had tried it his misdirection to the
jury ita to the nature of the offence charged, we may
safely leave to speak for themselves. But here is an
incidental remark, introduced, apparently, in the most

- -
eastial, manner, into another portion of the same

speech, in illustration of his general argument, thee
application of which irresistibly suggests itself in
connexion with a case that a few weeks ago excited
such intense interest in the public mind. That in-

tereit has given way to a feeling of almo,t unmiti-
gated astoaishtuent. and pain, at the tardy exercise)

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