The Sun.
London, England, 1844-09-05 00:00:00

E SUN, LONDON, THURSDAY EVENING, SEPTEMBER 5, 1844.

Lord Coretattaai then proceeded to deliver his
judgment. He agreed with his Noble and Learned
Friend who preceded him, as to the difficulty in which
any Member of the House was placed who felt him-
self called on to come to a conclusion adverse
to the great majority of the judges, and the
effect of an opinion expressed by a great majority
of the judees ought, of course, to make any one
extremely cautious of coming to a conclusion con-
trary to what was expressed by their opinion, and it
ought to make one watch every step one took, and to
weigh every conclusion which the mind was supposed
to come to, in order that if a person came to an
opinion adverse to that of the majority; and he should
exercise all the powers with which he was invested if
he was to come to a different conclusion. He adopted
that course, he carefully attended to all that had
been urged at their Lordships' bar, and all
the reasons that had been urged by the
Lord Chief Justice in delivering the opinions
of the judges. He hesitated at every step of
the reasoning, as he followed him, and he still came
to the conclusion that the opinion expressed by the
majority was wrong, and the opinion expressed by the
minority was right. He apprehended it was his
bounden duty to state the reasons upon which he came
to that conclusion. They asked for the assistance of
the learned judges, in order to inform the House, to
assist them in con-ling to a right conclusion in matters
of law, and their opinions were entitled to great
weight, but they were not to bind the House, they
were merely to assist the House; and no doubt when
a majority of them came to one conclusion, the great-
est caution and care should be taken at every reason-
ing upon which one felt bound to come to a different
opinion. On a question which lately came before
their Lordships, there was a unanimous concurrence of
the judges, and two of their Lordships concurred in
their opinions, and two others dissented, so that the
decision come to was against the opinion of all the
judges. Upon one part of the case, to which his
Noble and Learned Friend had last adverted, namely,
the point of the challenge of the array, he would
merely advert to, for the purpose of guarding him-
self against the supposition of forming an opinion
adverse to the case of the plaintiffs in error. lie
would only say that, if the judgment in that case was
right, it would establish this strange proposition, that
there was no remedy for an acknowledged wrong of
great magnitude. The only part of the case on which
he would address any observations to the House was,
as to the effect to be given to the opinion of the
learned judges, who thought that the first, second,
third, and seventh counts of the indictment were to be
rejected; the two last because they were bad in them-
selves, the others because the findings and the enter-
ing upon the findings were erroneous, and that a
judgment and sentence of the court, which was " for
his offences aforesaid" could not be impugned. A
court of law could not be affected by a consideration
of the nature of the counts which it was called on to
reject. The question they had to consider was, whe-
ther there was error in the record, and if they read
the record as any other document, and only gave
to the words found there the construction they
would receive if used in any other instrument,
could it be for a moment doubted that, on the inten I-
ments stated in the indictments in the several counts,
the jury ha I found a verdict of guilty upon all, and
that the defendants, for the offences aforesaid, were
subject to punishment ? Had not the court below
passed sentence for the offences in the sixth and
seventh count, as well as for the offences charged in
the others ? It was so found in the record, and were
they to say that the court had not passed sentence
upon all the counts ? He considered that the only
answer given, namely, that the court only passed sen-
tence upon the good counts, was unsatisfactory.
They could not look to the record to ascertain cer-
tain proceedings not mentioned in it. Some of the
arguments that had been used, supposed the court
below to be right in all particulars. In his opinion the
reverse was the fact ; there was manifest error
on the record, and it was not competent
for a court of error to inquire into the causes of that
error. Supposing there was a charge in a count of
a malignant libel, and that count was proved to be bad,
was it to be said that the party was to be punished
equally as if the count was good ? Now, the judg-
ment of the House was to be governed by the cases
that had taken place ; and with respect to them seve-
ral had been referred to. Two classes of cases had
been cited, the second of which he considered only
to be applicable to the present case ; • the first were
utterly inapplicable. The Noble and Learned Lord
then adverted to the cases of the " Queen v.
Rhodes" and the " Queen v. Ingram," for the pur•
pose of showing that the court in those cases
had arrested the judgment on the ground that, some
of the counts being proved to be bad, the court
could not apportion the punishment. " Young v. the
King" had been relied upon on the part of the Crown.
He had carefully examined that case, and he
did not consider that the decision pronounced
in it had any bearing whatever on the
present. It had been said, that in the " King v.
Mason," a misdemeanour was charged on two counts,
and therefore the judgment was sustained. Now that
was not the fact ; and in the "King e. Fuller," it was
clearly laid down that judgment could not
be passed if there was any good count. From
all these authorities, it appeared that the rule
in criminal cases, on a motion in arrest of judgment
was, that the court having ascertained, before it pro-
nounced judgment, what counts were good and
what bad, awarded the punishment, as it thought
right, upon the offences contained in the good
counts. It appeared to him that a court of
error was in precisely the same predicament.
It had no more jurisdiction over the quantum of pu-
nishment, and no better means of referring one por-
tion of it to one count, or another to another, than a
civil court had with respect to damages in an action.
In both cases the judgment proceeded on an indict-
ment which was found to be defective, and having
come to one result upon the whole, which the su-
perior jurisdiction could not apportion, the same
necessity existed in the one case as in the
other, of holding the whole to be bad. It
had been urged that much inconvenience would arise
from adopting this rule. lie felt satisfied that the
inconvenience which would arise from the opposite
course would be far greater, and would in many
cases be productive of great injustice. The only
inconvenience was, that the prosecutor would be com-
pelled to be careful as to the counts upon which he
reste 1 his case ; whilst the rejection o'
the rule would deprive the defendants of the benefit of
a writ of error. The rule contended for by the de-
fendants was founded on principle, and necessary for
the purposes of justice; and it was in perfect analogy
with the decisions in civil and criminal cases. The
opinion which he had then expressed he formed early
in the argument. He had carefully attended to all
that had been urged at the bar by the
majority of the judges against it, and he
bad not found any reason for altering his view.
Lord CAMPBELL then proceeded to read his judg-
ment. He said it was now his duty to state to their
Lordships the opinion which, after great considera-
tion, he had formed upon the questions of law raised
by this record, and to these, of course, he should strictly
confine himself. In the first place, he had no doubt
that there were various good counts in the indictment.
A conspiracy to effect an unlawful purpose, or to
effect a lawful purpose by unlawful means, was, by
the common law of England, an indictable offence ;
and if several persons deliberately plotted mischief to
an individual or to the State, they were liable to
punishment, although they might have done no act
in execution of their purpose. Where they had
actually done what they intended to do, it
might be more proper to prosecute them for
illegal acts; but in point of law, they remained liable
for the offence of entering into a conspiracy. The first
five counts in this indictment clearly charged the de-
fendants with having conspired together to effect un-
lawful:purposes. The fifth count was strongly objected
to. Ile considered that any person who deliberately
attempted to promote feelings of ill-will and hosti-
lity between different classes of her Majesty's sub-
jects, to make the English hated by the Irish, or
the Irish by the English, was guilty of a most
culpable proceeding, and that, if several combined to
do so, they committed a misdemeanour, ter vaich they
might be indicted and punished. He was likewise
clearly of opinion that the plea in abatement was bad
in form, if not in substance, for not averring that
there were not other witnesses duly sworn, on whose
evidence the indictment might have been supported,
and for not showing that the witnesses who were
examined could not, on account of their religious
profession, have been lawfully examined without being
sworn in. Ile thought the Court of Queen's
Bench was fully authorised to continue the trial in
the vacation, and that the order for that purpose,
though conditional, was quite sufficient. In his opi-
nion, the rule of the common law requiring the con-
tinuance of the order did not apply. The question
raised by the writ of error, coram nobis, was more
doubtful. The assignment of error in respect to the
witnesses not having been sworn in court, was free
from defects fatal to the plea in abatement. Ile
had no difficulty in over-ruling Mr. Steele's
point, that there was no statement written on
the indictment of the names of the witnesses sworn.
1-I.e was at first much struck with the objection to the
validity of the judgment by reason of the form of the
recognisance into which the defendant was required to
enter, and he was by no means free from doubt upon
it then, although he was not prepared to say that it
would be a sufficient ground for reversal. It must be
taken to be part of the sentence pronounced upon the
ji defendant for the offences of which he had been found
guilty, and it could not be separated from
the finding. The recognisances imposed in this
case might lead to perpetual imprisonment.
Magna Charta provided that no fine should be. im-
posed upon any party which it was out of his power
to pay. The effect of the sentence, in this case,
would be, that if the required recognisances were not
found, the party would remain in prison for the rest

of his life. He felt still more difficulty when he
came to the next part of the case—probably the most
important part of it, as it was not merely a technical
question, but one which affected the administration of
justice—he meant the constitution of the jury by
whom the defendants were tried. The only question
here was, whether the challenge to the array was a
remedy which the law allowed. (The Noble
and Learned Lord here read that portion
of the plea of the defendants which applied
to this part of their case.) Now, he was
clearly of opinion that the defendants ought not to ,
have been tried by a jury constituted in the manner
described in the case of the plaintiffs in error. It
was there described not merely as a casual
omission of names, but the averment was that the
names had been fraudulently omitted. He conceived
that under such circumstances the panel ought to
have been quashed. No other remedy was suggested.
His Noble and Learned Friend on the Woolsack had
suggested no remedy. If the jury list was found to be
defective, the jury list of the former year
ought to have been brought into operation as though
no list had been formed for the current year. lie ,
confessed that he should not have been inclined to ad- i
vise their Lordships to reverse the judgment merely
upon this ground upon his own sole opinion, but since
writing his judgment he had listened to the argu- ,
ments of his Noble and Learned Friend the Chief
Justice of the Queen's Bench, and also those of Mr.
Justice Coltman. The jury were unanimous in the
opinion that the finding of the jurymen on the Ist,
2d, and 3d counts of the indictment were contrary
to law. His opinion was that the punishment must
be taken as having been awarded in respect of
the supposed offences charged in the bad counts.
According to the plain use of language and the corn-
mon sense of mankind, the defendants were being
punished on charges which aid not amount to crimes,
and for crimes of which they had not been con-
victed. With respect to the bad counts, it was said
that it was a rule of law if there were any good counts,
a bad count would not vitiate the judgment. It
would he strange if such were the universal rule.
Such might very well be the case where only one corpus
dilicti was charged in an indictment consisting
of more than one count in utile per inutile non
vitiatur ; but where the separate counts of an indict-
ment charged distinct offences, they must be consi-
dered as separate indictments, and, as had been shown
in the case of Feargus O'Connor, where the court
had arrested the judgment upon one count as
soon as it was discovered to be bad. They
were told that they were to presume that the
court below knew what counts were bad,
and what were good, and passed judgment upon those
counts only which were good. Such an opi-
nion would be contrary to the whole spirit of our law,
which supposed judges to be fallible, and provided a
machinery by bills of exceptions, writs of error, and
other expedients, for the correction of any errors into
which they might fall ; and it would be contrary to
fact, for all the judges in the Court of Queen's Bench
in Ireland had held the sixth and seventh counts to
be unexceptionable. He would suppose a case,
in which there were two counts, A and B,
A being a good count, and B a bad one, the court
below held B, which charged a grave offence, to be
good, and A, which charged a light offence, to be
bad, and passed sentence on the count B, would it
be held that a court of error, finding the count B to
be bad, would be bound to subject a man to that
severe punishment, because A, charging a lighter
offence, was good ? This doctrine was attempted to
be upheld on authority, and by the general
opinion of the profession. The dictum of
Lord Mansfield referred solely to motions in
arrest of judgment, and not to writs of error. It had
no application at all to the present case; and in the
cases of the " King and Mason," and the " King and
Young," the point had not been raised. The case in
" Russell and Bligh" amounted to nothing, as the
Court had no power to consider any thing but the
point reserved; and in the " King and Powell" it was
decided that misdemeanour and offence must be con-
sidered as a novum collectinum, and as both counts
were held good, there could be no doubt that the judg-
ment was correct. In indictments for perjury, if
one assignment were good, that would support
a verdict, because perjury was but one offence, and
one good assignment was sufficient to support it,
how many bad ones soever there might be in the
indictment. It was said that this indictment ought
to be supported on the ground of expediency. He
could not see what inconvenience could possibly
arise from taking a verdict upon such count, and
passing sentence only upon those counts which were
good. He understood that Mr. Baron Rolfe had
passed sentence in an indictment for murder in which
one count was bad, but in such a case no practical
difficulty would arise, as where one felony was proved
it was sufficient to support a verdict of guilty, and
it could never be worth the while of a person con-
victed of felony on one good count to sue out a writ
of error. But in cases of misdemeanour it was very
different, for according to the present loose system of
drawing up indictments, a pleader having drawn one
good count, might go on drawing other counts,
each increasing in vagueness and ambiguity, until he
involved the party indicted in such perplexity, that
there would be the greatest difficulty in ascertaining
of what he was accused. There could be no difficulty
in taking a verdict of acquittal, or entering a nolli
prosequi on the counts that were bad, and passing
judgment only on those that were good.
It had been said by the learned judges, with the ex-
ception of Justice Patteson, on the good counts only,
and not on the three bad ones ; and yet those counts
contained the most serious charges, including that of
creating discontent in the army. Now, could their
Lordships concur in the incredible fiction,
that the judges, having the general verdict,
so far neglected their duty as to overlook
those grave charges ? He would remind their
Lordships that they were not bound by the opi-
nion of the majority of the judges. The appeal was
not from the Irish to the English judges, but to that
Chamber, in the exercise of one of its most important
functions, which he hoped their Lordships would
long continue to exercise for the benefit of the coun-
try and the protection of its liberties.
The LORD CHANCELLOR then put the question thus
—ls it your Lordships' pleasure that the judgment
be reversed ?

Lords Denman, Cottenham, and Campbell said,
" Content."

Lord Brougham and two or three Tory Peers (lay
Lords) said " Not Content."
The LORD CHANCELLOR was about to put the ques-
tion again, in the usual form, previous to taking the
numbers or dividing, when—
Lord WHARNCLIFFE rose, but on the suggestion of
the Lord Chancellor, he sat down, put on his
hat, and addressed the House from his seat.
He said that he did not think it desirable that their
Lordships should divide, as there was a majority of the
law lords in the House in favour of the appeal. He
humbly recommended those of their Lordships who
were not law lords—and who, not having heard the
whole case, were not so well qualified to judge of the
question—to abstain from voting. It was far better
that the character of the House, as a court of appeal,
should be maintained, and that their decision should
be against the opinion of the majority of the judges—
even though in this case it should produce great
inconvenience—than that those Lords who had not
heard the case should, by their interference, reverse
the judgment of those members to whom the deci-
sion of such cases was usually committed by the prac-
tice of the House.

Lord BROUGHAM entirely concurred in the opinion
of the majority of the judges in Ireland and England.
But he also agreed with the Noble Lord who had just
spoken, that it was more advisable that those of their
Lordships who had not heard the case, should not
vote. He deeply lamented the division to which the
House would come ; but he would now only say, that
when he differed from the majority of the judges on
the question of Presbyterian Marriages in Ireland, he
did so upon the authority of Lord Stowell and other
eminent persons.
Lord CAMPBELL had voted with his Noble Friend
on the question of Presbyterian Marriages, and for the
same reason. He would now only say that the dis-
tinction between lay Lords and law Lords was not
known to the Constitution, but that it was the rule of
all courts of law that no judge should decide a case
which he had not heard.
The Duke of CLEVELAND was understood to say
that he had paid great attention to the case, and that
he thought he had a right to vote upon it.
The Marquis of CLANRICARDE said that if any
other lay Peer voted, he would vote also, although
he thought it would be calamitous for the character
of the House, as a judicial body, if the established
rule in such cases were departed from.
After a few words from Lord VERULAM, the whole
of the lay Peers withdrew.
The question was again put, and Lords Cottenham,
Denman, and Campbell having voted for the reversal
of the judgment, and Lord Brougham against it,
The LORD CHANCELLOR said—My Lords, THE
JUDGMENT IS REVERSED.

Their Lordships then proceeded to give judgment
m some appeal cases.

HER MAJESTY'S MARINB EXCURSION.---WINDSOR,
TUESDAY EVENING.—Ten of her Majesty's ponies and
six of his Royal Highness Prince Albert's saddle horses
left the Castle this morning, and were conveyed by the
Great Western Railway from Slough to Paddington, en
route to Woolwich, to be embarked on board one of the
Government steamers for Scotland. They are to reach
Blair Atholl by Monday next. The present arrange-
ments are, for the Queen and the Prince Consort to take
their departure from the Castle on Monday, proceeding
from Windsor to the Farnborough station (where pre-
parations are now in progress for the accommodation of
her Majesty), and thence by a special train to the coast
of Hampshire, whence they will set sail in the Royal
Victoria and Albert yacht. The Court is not expected
to be absent from Windsor for more than three weeks
or a month.

irittrlt Wbitton

IMPERIAL PARLIAMENT.

(THIS DAY.)

H OUSE OF LORDS.
(Continued from our Afternoon Edition.)
CARRILL V. GLEESON.
In this case the judgment of the Court below was
affirmed with costs.

CORN AVERAGES.
GENERAL AVERAGE PRICES OF BRITISH CORN,
For the Week ended August 31,1041, made up from the Returns ol
the Inspectors in the different Cities and Towns in England and
Wales, per Imperial Quarter.
Wheat 503. Ild. Oats
sarley 3ls. Ild. I Rye

AVEILAGES OF TH
Weeks ending iwnEAT. BARLEY.

July 27 ...... 52 9
Aug. 3 5l 0
10 .....
17 ....
24 ......
31

34 2
34 0
34 6
34 6
33 3
34 1!

IMPERIAL AGGREGATE Ai
Wheat......, 50s. 6d. I Oats
Barley Sta. ad. Rye

DUMB OW ri
Wheat :. ........ tee. Od. Oats .....
Barley •••••••.... 4s• Od. I Itye •••..

be ready for next session of Parliament, wh n chester, 87 ; South-Eastern, 39i; Trent Valley, 12 ir; i
he hoped and trusted, whatever might be the majority 1 York and North Midland, 100 ; Paris and Lyons, 21 ; i
by which the Right Hon. Gentleman was supported in i Paris and Rouen, 381.
that House, that there would be found a sufficiently ; The following is an extract worth notice. It is taken
independent body to express the public opinion with from the Toronto Patriot :—" The rapid increase in the
regard to the baseness, illegality, injustice, and cruelty size and population of our flourishing city of Toronto,
of the incarceration of those gentlemen.—(Hear, hear.) cannot fail to strike with surprise and pleasure every
Mr. OTWAY CAVE seconded the motion. Ho re- person who has returned to it after an absence of two or
gretted that Sir R. Peel should have ;allowed to pass three years. The last ten years have witnessed changes
without reprobation the principles acted upon by his which half a century would hardly bring to pass in other
Irish Attorney-General—viz., that of taking the law into ; less favoured localities. In 1834 the population was just nine
his own hands. He (Mr. Otway Cave) lamented it the thousand. It is now at least twenty thousand. This
more, that in a country so circumstanced as Ireland rapid increase has been chiefly the work of the last four
was, and where it was of the utmost importance that obe- or five years, and, strange to say, more particularly
dience to the law should be inculcated, an visible since the much dreaded removal of the seat of
example of so contrary a tendency should be set Government. The latter event did unquestionable mis-
in the highest places. He greatly feared that such an ex- chief to the interests of Toronto, but the resources and
ample, which was no other than that of appealing to advantages with which Providence has blessed her, have
brute force instead of reason and argument, and consti- made ample amends for the losses she may have sus-
tuting yourself to be judge in your own case, might be tamed from the caprice or chicanery of political jugglers.
caught at by the Irish peasantry, and considered as a " King James arrogantly threatened to remove his
sanction by them of the practice of resorting to what Court from London, and divest that renowned metropolis
had been called by Mr. Grattan " The wild justice of of its character as the scat of imperial power.
revenge." " ' We, poor citizens, ought to be grateful,' was the
The motion having been put, bold answer of the stout-hearted Lord Mayor, ' that your
Sir R. PEEL said that nothing could be more incon- Majesty cannot remove the Thames from London.'
venient than, under present circumstances, to enter into " A representative of our Queen despoiled Toronto of
a discussion which could not be brought to a close. It her political supremacy, but her noble harbour, and
was probable that the proceedings of the House would splendid agricultural resources in the rear, were pos-
be interrupted even before he had concluded his address, sessions of which no Executive caprice or tyranny could
even if he thought it proper to enter into a discussion. deprive the loyal old city ; and so she has continued to
He should only say, that whenever the opportunity arrived, increase and flourish, uncheered by a solitary ray of
-he would be ready to vindicate the course taken by her official favour or Viceregal sunshine."
Majesty's Government. The Hon. Gentleman seemed to Of colonial arrivals, later in point of date than those
forget that seven out of the nine judges were of opinion before received, there are none to-day.
that the proceedings were in conformity with the law. A large purchase of Consols was made this morning
He should not provoke nor enter then into any partial —namely, 100,000/. by a trading broker, and the prices
discussion of the subject, but would content himself with advanced from 981 to 991 for the Account, and from
saying, that whenever the period arrived he should be 99-a to 99i- 1 for Money. The Government brokers
prepared to vindicate the course taken by her Majesty's did not make any purchases to-day. The Stock Mark, t
Government. Her Majesty's Government had recourse is extremely firm, the decision of the Peers on the writ
to the ordinary course of law—they asked for no extra- of e rror having given much satisfaction. For Ex-
ordinary powers, and though it was admitted that chequer Bills the premium is a trifle lower. India Stock
the period was one of danger, they only was at 281.
looked for a remedy to the ordinary tribunals. The Foreign Market is rather buoyant for Spanish,
With regard to the particular motion he should not offer Brazilian, and Danish Bonds, but not much business is
any opposition to the production of the papers ; and doing. Railway Shares are in good demand.
though there would not be time to send a message to the BRITISH FUNDS THIS DAY ATONE O'CLOCK.
(From the Official List.)
House of Lords, he would take care that that should not Bank Stock ~.. ~ ..... ..................... — i
prevent the communication being made to the House of 3 per Cent. Reduced Annuities ........ ..... .. 99%%
Lords in the usual manner. With regard to what the pper Cent. Consols. Annuities 0814% 9913(
New 3% per Cent. Annuities...." .. ...........
Hon. Gentleman had said respecting his Right Hon. Long Annuities. Expire sta Jan. 1860 l2 7-16
Friend the Attorney-General for Ireland, he thought Ditto 30 Years, Expire 10th Oct. 1859
after the manly explanation he had given of his conduct, India Stock
Consols for Account ... ..... ........ ....... ......
and the provocation he had received—which few might Exchequer Bills, 130. 1544
have been able to resist—the Hon. Gentleman should 40004
not have adverted to that circumstance. The Hon. 5001.... ........... .....
Ditto Small... . , — .....«..... 75 73 pm.
Gentleman the Member for Finsbury had used very Ditto Advertised...— —
hard expressions in designat sng the conduct FOREIGN FUNDS THIS DAY AT ONE O'CLOCK
of the Government. He denied the charges Brazilian Bonds, 5 per Cent.
implied in them but as that was not Ditto New Bonds, 1829 and 1839
, Danish Bonds, 1825, 3 per Cent. C9
the occasion to enter into a discussion on the subject, Spanish Bonds. Five per Cent 1840 2.•ei
he should wait until another opportunity arrived.—(Hear.) Ditto for the Account ... ...... .... ...........
Ditto Passive Bonds.
Lord JOHN RUSSELL felt the inconvenience of
Ditto Three per Cent. ........«.......4.......« ........4 aes,i
entering at that moment into a discussion on this sub- Ditto for the Account 33%%
jest, but he should reiterate his opinion that the trial ' Dutch 2l per Cents —
Ditto for the Account.
which Mr. O'Connell and the others had received Dutch 5 per Cents 100%%
in Ireland was not that trial which would give an PRICES OF SHARES THIS DAY AT ONE.
impression of fairness and justice. He should be pre• RAILWAYS. PAID. PER :MARL
Birmingham and Gloucester...... 100 ......... 112 to 111
pared to enter into a discussion with the Right Hon. Ditto New
Gentleman on the subject more particularly since his Caledonian
, I .
Dublin
and Brighton
opinion had been confirmed by that of the House of
bsad Cashel...-. ........ ..... 2% 7414 ... to
Lords, who decided that the conviction was not accord- Eastern Counties
ing "to law.—(Cheers.) He should contend that it was Ditto New Registered 81. 6s. Rd.
Eastern Union 5 ..
not a trial by a fair jury—(cheers)—but by a jury Edinburgh and Glasgow 5O .....«.. 67 .
elaborately put together for the purpose of Great Western
conviction—(Loud cheers)—charged by a judge who Ditto Fifths l2 25k% ... to
Hull and Selby
did not allow any evidence of any weight in favour of London and Birmingham. 100
the accused to come fairly before his mind, but who Ditto New Thirds
charged more violently than the Attorney-General Dit o Shares 2 2 .".
.....
3326........ to 25%
London and Blackwell 16% ...... 6% .. ... to
accused—(Loud cheers)—towards a prejudiced jury, in London and Brighton 5O 48%
such a manner as to prevent justice being done to the London and Greenwich
London and South Western 41% 82% ..... to.,—
people of Ireland as it was to the people of England. Ditto Eighths
He trusted the effect of those proceedings would be to Lynn and Ely N....... 4%
prevent any similar proceedings from taking place again, Manchester and Leeds 7O 125 ..
Ditto % Shares
and to give an assurance to te people of Ireland that Midland Counties lOO lOB 109 ... to 107%
from the highest tribunals in this country they would Northern and Eastern 45 56
South Devon
obtain that justice which was denied to them at home. South Eastern and Dover 33% 38%% ... to -
-(Loud cheers.) Ditto New
Sir T. WILDE thought it would be inexpedient to York and North Midland
Ditto
'
enter into discussion then, but as the Right lion. Gen • Ditto Selby Scr Branch
ip
tleman hail said that seven out of nine of the judges Paris and Rouen 2O .....«.. 38%
were of opinion that the proceedings were in conformity Rouen and Havre.
with law, he would state what the effect of those JOINT STOCK BANKS.
opinions would be in the law and Legislature of the Commercial of London
country. An objection was taken to certain counts of
THE REVIEW.—His Royal Highness 1"
the indictment in Ireland. The judges there were
came to town this morning from'
unanimously of opinion that the sixth and seventh counts
witness the review
review in H eel--
were good beyond any doubt. They referred par- Hess the Prince
of P
titularly and expressly to those two counts, and more
particularly under them the traversers were punished. suite, his Gree
There was no principle of law more settled, more so- in-Ch;-''
lemn, and more important, than that every record must
speak for itself; and that no proof, however clear, or
however cogent, could be received to contradict a record.
There was another principle, that that which they could
not disprove they were not allowed to presume. The
main ground on which it was attempted to support this
judgment and this conviction was, that the Irish
judges did not act upon the 6th and 7th
counts, on which every judge who had pronounced
his opinion, and every man who had looked into the
case knew that they did act, and upon a presumption
against a record which never yet was made in any court
of justice—a presumption which could not be made even
where it was proved. The foundation on which it was
asked to support this conviction, and to continue the
punishment, was, that the judges had not acted on two
counts which they ',lad acted upon more than
all the rest. If that principle were acted upon
the effect would be to neutralise every writ of error in'
the House of Lords. How was the House of Lords to
know what had been done below, except from the record?
The record was sent up to inform them of it, and was to
be considered as conclusive. How, then, could it be pre-
sumed that the Court below had necessarily done what
was right ? If that was the case, where would be the
use of a writ of error ?—(Hear, hear.) Every text-
book told the student that if he wished to
learn the law, he must look to the judg-
ments of the court as they were collected from
the record. There was not a single authority of
the slightest weight which did not lay down that doc-
trine. Yet to his astonishment he had been told in that
case that they were to guess and presume. If every
court was in its turn to presume this and that to be good,
the effect would be to embarrass every man who was
placed on his trial.
The Usher of the Black Rod, Sir Augustus Clifford,
here attended at the bar, and summoned the House to
hear the Royal Assent given to certain Bills by Com-
mission, and to hear Parliam,ent prorogued.
On the return of the SPEAKER to th House, attended
by several Members, the Royal Speech on the proroga -
tion was read from the Chair, and the Members separated

THE RicviEw.—His Royal Highness Prince Albert
came to town this morning front WindQor Castle, to
witness the review in Hyde-park. His Royal High-
ness the Prince of Prussia and the gentlemen of his
suite, his Grace the Duke of Wellington, Commander-
in-Chief, and a numeroue staff of military officers
were present. The illustrious party arrived on the
ground at eleven o'clock when the review immediately
commenced.

ELECTION OF CHAMBERLAIN
FOIL THE CITY.
GUILDHALL.-(THIS DAY.)
_ _

This being the day appointed for the nomination and
election of City Chamberlain, vacant by the death of Sir
William Beygate, the approaches to Guildhall were
crowded at an early hour. Placards setting forth the
claims of the rival canlidates, were marched up and
down King-street, and the other great thoroughfares
leading to the Common Hall, and the other appearances
denoted the interest that was excited' by the expecta-
tion of a contested election.

Precisely at twelve o'clock the folding-doors leading
into Guildhall were thrown open, and Mr. Alderman
Brown, with the gentlemen composing his Committee,
and many personal friends, passed into one of the Coun-
cil chambers. Mr. Alderman Humphery and his friends
arrived at twenty minutes to one, and were received with
cheering.

A strong force of the City police attended to keep
order ; and the arrangements were so admirable that but
little exertion was demanded from them.

The Lord Mayor took his seat.
Among the Aldermen present were Sir Peter Laurie,
Gibbs, Farncombe, Sir John Key, Challis, Thomas
Wood, John Johnson, and Mr. Hunter.
The COMMON SERGEANT, in the absence of the Re-
corder, explained the purpose for which the Court was
called—namely, to elect a Chamberlain in the room of
the late Sir W. Heygate.
Sir P. LAURIE rose amid cheers and hisses. He had a
very pleasing duty to perform. He had to propose his
excellent friend Alderman Brown.—(Great cheers and
hisses.) There was no pleasure without a mixture of
pain. He regretted personally the death of Sir W. He}•gate.
He introduced him (Sir P. Laurie) to the Corporation.—
(Cries of " What a pity.") The office of Chamberlain
appeared to him (Sir Peter Laurie) to be very much
misunderstood. It was supposed to be a mere place for
shelving a man upon a fine annuity, but he could assure
them it was a most laborious office. He had usually
from two to three hundred cases of master and
apprentices disagreeing, and about 700,000/. passed an-
nually through the Chamberlain's hands. This was no
political struggle. If it were he (Sir Peter Laurie) would
not be there to propose his friend Alderman Brown.
He had been now for twenty years with Alderman
Brown in the Livery, and when their franchise
was in danger, they put Alderman Brown at the head of
their party, and succeeded in securing their liberty.—
(Tremendous confusion and cries of " No, no.") One
word more. He was glzd to see so much uniformity
among them.—(lncreased confusion, laughter, and cries
of " Oh, oh.") The Chamberlain► of London was not so
well off as they were. He had only one days holiday
throughout the year.—(Great laughter, and cries of
" Oh, oh.") When they saw his friend walk the streets
as Chamberlain, they would say, "he is an honour to the
City," and they like him would feel proud that they had
assisted to make him so.--(Loud cheers and groans.)
T. A. HANKEY, Esq., rose amid tremendous confusion,
and said he was proud to second the nomination of Al-
derman Brown, whose character and station was a suffi-
cient guarantee for a due attention to the duties of that
important office, the City Chamberlainship. His cha-
racter was unimpeached—it was unimpeachable. He had
filled his Aldermanic chair as none had done better, and
in every station to which the City had called him he had
proved his public worth and his private virtuas.—(Tre-
mendous uproar, and cries of " Out, out.") He thanked
them for their kind attention—(Great laughter)—and
would conclude by seconding the nomination of Alderman
Brown.

Alderman HOOPER rose to propose to them his friend,
Alderman Humphery. In doing so he was proposing
a man every way qualified, if honesty, talent, and in-
dustry could entitle him to it.—(Great cheering.) He
should be sorry if Alderman Humphery's appearance
in the field so late, and the very inefficient personage
who now proposed him, should operate against him.
The duties of the Chamberlain had been alluded to by his
friend Sir Peter Laurie. He would not recapitulate them.
but he would say without fear of contradiction, that no
man was more fitted fur the office than his friend. He
was a thoroughly practical man. He had served in the
offices of Alderman, Sheriff, and Mayor, and he had re-
presented the city in six or seven Parliaments. He would
again propose WI them Alderman Humphery.—(Cheeri.)
THOS. SIMP.soN rose to second the nomination. He
found himself in a peculiar situation, for here were two
able and honourable gentlemen in the field. But they all
knew that there were degrees of comparison. Alderman
Brown would make a good Chamberlain, but Alderman
Humphery would make a better.—(Loud cheers.) He
stood there, not as a political partizan, but as the friend
of Alderman Humphery, and he was sure the more they
knew him, the more they would appreciate him.
PETER ALFRED TAYLOR, Esq., said he would detain
them but a few minutes, as he thought that anything
said from that hustings would have but little influence
on their vote. He would merely mention the gentleman
whom he meant to propose—Mr. G. H. Heppel.—(Loud
laughter, cheers, and cries of " oh, oh.") Whatever
talents may be claimed by others, he was certain might
.
be claimed for Mr. Heppel, He thought was high
time that this office should not be a prescriptive right
to the Court of Aldermen. That Court did not at pre-
sent stand so high that they should select a person to fill
this important office from it.—(Loud cheers.)
Was. WANSEY, Esq., said he seconded the nomination
of Mr. Heppe!. He had known him long, and held him
in high estimation. He did not think that the Court of
Aldermen was the best school to select the public ser-
vants from. Aldermen were taxed somewhat with
spending the public money, and be thought the duty of
the Chamberlain was to keep it. The speaker then
passed a high eulogium on the late J. T. Travers, Esq.
He was sure that if that lamented gentleman were alive,
he would vote for his friend, Mr. Heppel.—(Cheers.)
D. W. WIRE, Esq., said he was not about to make a
speech, but to ask a question of each of the candidates.
The question he had to put was this, and he put it to
Alderman Brown first. If elected to this office of Cham-
berlain, would he resign bis gown ; and would he con-
cur in any reduction and regulation which might be pro-

posed hereafter ? The same question he put to Alder-
man Humphery and to Mr. Heppel.—(Loud cheers.)
Alderman BROWN returned thanks to all in that Halo
and part'cularly to the seconder of his friend, .Aldertan
Humph, ry, for so he was proud to call, him.—(CheerSi
He will ed that this Hall had not been made a politien
arena, and however some gentlemen of the Wanseio
school might wish to do so, he was certain that
tb
attempt would meet with their reprobation.—(Cheer
While returning thanks to Alderman Hooper and the
gentlemen who had seconded Alderman Humphery,
begged to remind them, that their assertion that tbOP,
gentleman was more fitted for the office ;
chamberlain, was a matter of opinion only, 'OIL%
were better left to the Livery to decide. He was
that his political opinions differed from many of theme,but he claimed the right that they themselves exerted_
the right of every honest Englishman to retain his 07;
opinion. He had not the slightest doubt of the issee_L"
that election. He had received assurances of glee%
from his-friends, which it was for them to realise•
answer to Mr. Wire, he would say that that gentian:
had acted with his usual candour, in giving i:otice of.n;
intention to put the question. If by their kind 00145
he was called to the vacant office, ho would not retsill„;
gown on him, and he had such confidence in the red
tude of the Court of Common Council, that whatelio
course they would adopt he should have no hesitation
following.—(Loud cheers.) 11011
Alderman llvairnEnv rose amid loud cheers w
lasted a considerable time.—His friend Alderman' Blip
assured them of the certainty of his election. He trey/
Alderman Humphery) had only arrived iniLottden hit
days ago, or he would have,heen as prominent as or
friend had been in asking their support. Whel tot
William Heygate was very ill, it was well known 00
a canvass was ready to be set on foot, and when of
gentleman died—on Wednesday—upon the Thu r`o¢,)
notices of candidates were in the newspapers.-46"the
The speaker then referred to the mis-statementPs Lev,
clay of election. He had no doubt it was a Mist )1;
but it was in print.—(Laughter.) However, the'ileat,
was, and he offered himself as candidate before tgol
He (Alderman Humphery) thought that he WO tie
for the office:, if integrity and business habits, e(1.11!leat
hoped, to his friend Alderman Brown, would be suihreo
fur it. This was no political office, and he did not 03.4
to make it a political question. The office PIO
unfortunately for Sir William Ileygatc and for 440
family, was held by him ; and he was very sure thst,';,
' excitement had assisted to injure his health very nj
siderably. He hoped, however, that excitement-Y(7p
not have any ill effect upon himself or Alderman Dre.fol
—(Loud laughter.) He would not recommend his frLgo
Alderman Brown, however, to depend upon the %el
sent out to ascertain the sentiment; of the Livery. foci
were obliged to return a good report, or they wool?, 0
be paid. Whatever was done on this o”casion an:antioro
done good humouredly, and he would not be the
friend to any man if his vote were recorded 0,1,000
him. With respect to Mr. Wire's question, be 10
at once lay down his gown in the event of his frr
elected. To the second question, he was at oltee„
pared to accede to the wishes of the Council, or t"
up his office.—(Loud cheers.)
Mr. Il EPPEL said that Alderman Brown had 651 J
this was likely to degenerate into a political questifd
would not be made so by him, but he wished to ':-100,
this office from the domination of the Cours of Alrledoir
The speaker then adverted to the history of the 'Joe*
berlain's office as connected with the Court of Ald tit
and he came forward to contest the principle, 0000,
office should of necessity devolve upon an Aldev.so
Having done so much, he would now go to the potyef
let the Livery record A their votes whereilier
willed it.—(G rent cheering.) He thnnkr: ecor;
for their patience, and with respect to t"," eeder
part of Mr. Wire's question he would at once 34"
the wishes of the Council.—(Cheers.) _it, of P;
A question was put by a gentleman in the 13-/" hoo-
Hall to Alderman Humphrey, whether he had ;
party to the taking away of Mr. Wallis's license , 041)
Alderman HU6IPHREY said he had nothing tecl°oll,ll.
it; afterwards he had given him his vote as a roogred
D. W. HARVEY, Esq., said that ho had an tin°
able aversion to fruitless contests. He perfectlf,
with the principle enunciated that de/
Mr. Heppel. If the office of Chamberlain
an appendage of the Aldermen's Cettrt,slts
would save public time, were the form of basin:O.:l
were enacting that day to be avoided. Why she
not merely send out their heralds and their marsh
odd
their men in gold—(Laughter)—to Aldgateilicatoof
(Laughter)—to Temple-bar, and to Newgate"„ 6,0 s
laughter)—and let them proclaim it with noku
trumpets, from the house tops, that their broiDerAg
gate is dead, and that Alderman Brown, as senior 17
man, is elected to the vacant office.—(Laughieriiial#
speaker then, after referring to John Wilkes, ft
would refer to a nobler and a finer instant'
elected the constitutional lawyer who n"'"",,
last forty-eight hours vindicated the P°',iwoeU
trial by jury in the person of Daniel O'Ce-e:,,
It was upon political grounds that theYs, ?op
Mr. Denman ; then why should they say thee,
tical questions should be kept in the back bGovis
There were twenty-six magistrates sat at 011 A
hall, and, with a little calculation, the)_.,' r)
find that the labour of each Alderman, '',„r
three hours in fourteen days. Were they paid else
—(Cries of " Oh, yes.") But was there nothingio 1110
The speaker then enumerated the gifts, in
hands of the Court of Aldermen, 101
strain of the raciest satire, enuraerat
" good things" and the feast days of the Civic beePitl
he then concluded with the celebrated (Plettt„.l:lo
Junius—" That even property would be Pre c)"
their possessors had not the spirit to uphold tiler,
After a few remarks from Sir JOHN KEY, in re e
to a p
when the
e
ersonal matter Pr
,
The show of hands were taken,
hers seemed .pretty equally divided between 0
Aldermen, three or four hands only being hel
iste
Mr. Heppel. qhe 001
The COMMON SERGEANT said that the —4
of opiuion that Anthony Brown, Esq., bad the '" a,
of the Livery. ecildivr
A poll was demanded, and the poll comet CS
iet CS
THE FUNDS—( CLO SING v'-I
BRITISH FUNDS. fir
Bask Stock
3 per Cent. Red lOO DlnidttioanßeSntecicsk......".....
3 per Cent. Cons.
2% per Cent. Red Ditto New Annuitie...
New 3% per Cent lOl rEx. Bills, 1,0001.
New 5 per Cent. Ditto 5001......
Long Annuities to expire Ditto 5ma11......•••"'Yr.m..
Jan 'lB6O l2 7-16 Bank Stock for Met."' 19'
O ct. 1
860 l2 5.15 Insols for
Jan. 1860 !India Stock for Mc' /
FOREIGN FUNDS. t ••""
Austrian, 5 per Cent ...... - Portuguese 5 per -en
Belgian, 5 per Cent. ...... ..... 103 'Ditto,gNevr'Ditto....."..,,.."
Brazilian Boi ds
Buenos Ayres, 6 per Cent — Russian, 5 pert
A:1
Chllian, 6 per Cent ....
Colombian, 6 per Cent
Ditto, 1824 Ditto 3 per Cent ..•••••
Cuba Bonds, 6 per Cent — Ditto; Deferred•••"*"•'....
Danish, 3 per Cent
Greek, 18..5, 5 per Cent — [Exchanog
Mexican, 5 per Cent
per Laset*;.. s
..„..
Ditto, 6 per Cent., 1837.
Peruvian, 1it.25, 6 per Cent 23 Ditto, 5 per Cent •*"
SHARES.
Birmingham and Gloucester (100 paid).. ......«• 51,
Bristol and Gloucester, 30 paid .... ....................
Caledonian, 5 paid ........... ......... « .....
Eastern Counties (23 paid) .................... .....
Ditto Registered (Si 65 8d paid) .........
Ditto Perpetual, 5 per Cent., 13s .... paid,r4e
Ditto ditto, paid, No 2 ...................."....•••.
Great Western (75 paid' . . ...... ........ eb
Ditto Half Shaves, 56 paid ..... .............. 66
Hull and Selby, 50 paid ...........................••••••... 48,
London and Brighton (50 paid) •.. . ....... ..S
. 14.0
London and South Western (411. 6s. .....
Ditto Eighths (15s. paid) .......................... 11
London and Croydon (Trunk) ........ ..... ......
Manchester and Leeds (70 paid) ................ .«•••
Ditto, Half Shares, LO paid .........................
Newcastle and Darlingron Junction, '2l Paid. ..... •
r 4
Northern and Eastern (45 paid) .............. ;`7t
Ditto Scrip (15 paid) ......... ....................
Ditto Quarter Shares (l 2) paid) . ................. 1;3,
Norwich and Brandon, 4 paid ............. -•••"......" A
South Eastern and Dover (33 25 4d paid) "*"-- ' 4
Ditto New Shares, , paid ..................... . ........
Yarmouth and Norwich (18 paid) ........ ••••••""".. / •
York and North Midland (5U paid) ..... .............
Orleans, Tours, and Bourdeaux, I paid. ;iBO
Paris and Orleans (2,1 paid) .................... •••“."•
tipV
. 7 Paris and Rouen, 20 paid ................ h:
------- _ .-Tr-•- re
[ADVBRTISEMENTI—A MAGIC Clirn ft.
LOWAY'S OINTMENT AND PILLS. un-:reed 1)1
residing in the Calton, Glasgow, had been n,ssion
her youth with a contraction in the knee, °l-_, 0044 fl!
a fall, which produced fifteen abscesses in al sjci tbs'ettir,
of the leg and thigh. It need scarcely b° grates
had had the advice of medical men of thet.gbuts!,t)
nence, but all failed to afford the least reliehacte;
now be seen walking about Glasgow PerAftflislif_Ate-fajld
abscesses healed, and her limb solid, en`l es i`-strii
other means but these wonderful medie-rit, 224,061
Sold at Professor Holloway's Establishnlceinby
(where advice may be had gratis), °I, at the
respectable vendors of medicine tbrong°
world. ni

-
IA r
the Pe
BIRTHS. ,;„tbire 1 aill ,
On the 31st ult., at Clarkston, in Stir,-;_ COY— the
Major R. Garuiner, of the Hon. East low- 40* i
vice, of a daughter. • southauir" '
of
On the 2d inst., at Bittern-grove, near
lady of Alexander Hues, Esq., of a son. , oart' ,fr
On the 3d inst., the lady of Solomon il• AO'
Carlton-villas, Maida- lof d tighter. lils'' I,
va e, a a , treat, 0,
On the 4th hie., in Upper Stainforws
road, Mrs. Thomas Barton, of a son. ao
of
G,
On the 4th inst.., at Higham-hill, Walth
Bury Capel, of a son, stborn. the lIIV
On the 4th inst. t H ddestlon,
,a e 4
Herta,

Stokes, Esq., of a tiauglitzr I'
II ';' ir
HARRIED. Ai h, Of
On the 2d inst., atLearnington Captain bierev.:at of rp
Marian D'Oyley, widow of the late J. 1- flog' "u.'-' ''',oo ic7,,,,r",
hill-park, Southampton.
On the 3d inst., at St. George's, Camhol ''-'nel.i'steritt...sl°'
Rogers, M.A., Oxford, of the Inner Temple, b 3 °
btoertleairii-Grove,
of William Nichol'''. Esel" 71i'
co, or
On the 3d inst., at Leamington Captain lir,,°:, 05,1110cp.
Regiment Madras Native Infantry,' to Mary I.,\Pe;ri i''
~11
A'l
RectorVi i ;
of
faculgahretnerdoon9hame
aliactae. Rev. Wilton li isr
tiro lilOff,
On the 3d inst., at St. Hanover-sg° d t°4511
Martyn Riccard, Esq,.
of Srogutth Molton, DES, e' 1) io•
Ann, only daughter of the late R. Rainer, .0+
niugton. ronles A der°
On the 3d inst., at St. Mary lebone Church, ~ h All
Morgan, Esq., to Mary, secon-d daughter of JoleP
Esq., of the Holme, Regent's-park.
ii Old
DIED.
On the 24th ult., at Dover,
Exon of the Yeoman of the Guard. poili' r
On the 29th ult., at Sydenham, o.xforclshire' rifil°
of
of Mr. J. culted 41. the lady es
On the 30th t G S'bella 100,,1
, a uernsey, i ' d, illo
Stirling, of the Bombay Army. bola° tio
On the 31st ult., at`Houghton Hall, C0,n1.,,t, of
Robert Grant, Esq., eldest sun of Sir J. R. tAr''''
Carlisle. ..0,0,
John parker .ICIIOI ife
------f-0-1/. 1' 11141

London: Printed and Published by WOW oat S
0 Pe
No. 112, Strand, Printer, at The Sus tho
Strand, in the Precinct of the SaVon,u+ •""
Bliddlole; Thunday, geptailm b; Jo"'