The Sun.
London, England, 1844-04-30 00:00:00

CONTAINS:

. . ....... —...- .
Railway Communications—The Metallization of Wood, and its appli-
cation to Railways. By William Bridges.
The Inclined Railway into Liege. By Herr Teschau.
Mining for Coals in Spain. ' By William Walton.
Artesian Wells. By M. Arago. . .
The Improved Screw Propellor. By John Grantham.
Observations on the various Theories of Glacial Motion. By J. 1.
Borron.
The Dress and Personal Ornaments of the Esquimaux. By Dr. King,
REVIEWS:-Dr. Elliotson and PhKeno-Mesmerism.
Cyclopmdic View of the Progress of Science.—Transactlons of Sc•
. ..

cletics.
The Fine Arts : Suppression of Art-Unions.
The Drama : the Critiques on the Prohibited Comedy, " Richlieu in
Love," as reported to and by the Author.
Miscellaneous Intelligence, &c.
London : John Mortimer, Adelaide-street, Trafalgar-square.

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ROX tilfirl DAILY PAPERS OP YESTERDAY.
GLOBE.—The Irish State ProeCcutions are progress-
ing"; but at a pace so =truly 'snail-like, that theybiffie
all attempts of the most skilful tce form an idea as to the
time of their termination. The wordy war commenced
on Thursday last. Mr. Whiteside, - who is counsel
for.llr. O'Connell, occupied the Court two days. His
speech wee 'worthy of the high reputation he earned
for himself on, the trial,. by which he bas de-
cidedly placed himself first on. the list of advo-
cates at the Irish bar. 'By' an arrangemCrit, en-
tered into hetWeen the counsel On the part of the
Crown and those engaged for the traversers, with the
consent of the Court, (Our 'counsel on the part of the
latter were to• be heard in support of the application
for a utew trial. .f The Solicitor-General then to reply:.
Four more counsel far the traversers are then to address:
the Court, in support. of the motion, and in reply to the
arguments adduced on behalf. of the Crown. The whole
argument to be wound up by thnAttorney-General. Ses.
sterol days will thus be occupied' in this stage of the pros
ceedings.. Teri:daises On, the Bth of May (next Wed-.
nesday week).-
.The interval will, therefore, scarcely ad,
mit of doing mere than bringing the argument to a. close
within the term. It is probable that the judges will
wish fur, time to Consider the points on which the appli-
cation has been submitted, and postpone their decision to-
the next term: Should the CourtOlowever, pronounce its
decision on the motion instanter, "and that decision ne-:
gative the application, -a motion in arrest of judgmens
will follow. A Very considerable portion of the ensuing
term would be exhausted by the argument on this new
impediment to the final issue. if on both motions—that
for a new trial, and that in ;ern at of inagment—the Court
should decide against the traversers, a writ of error to
the House of Lords, as the Court of final appeal, will be
applied for, and will be granted as of course; but the.
House will not then ba in session to hear and deter-
mine the appeal. As the case proceeds, strongly confirma-
tory evidence of foul play with the jury-lists, by some
party or other having access to the lists, is discovered.
Affidavits have, we understand, been sworn by several
persona who were admitted as jurymen by the Recorder,
but whose names were never placed on the jury lists.
These affidavits, with one of great importance, sworn by
Mr. P. Mahone, one of the solicitors for the traversers,
were not obtained in time. to be used on the new trial
motion. They will be available, however, in other stages ;
and will, we have reason to believe, be used by Mr. Wyse,
in the motion for Parliamentary inquiry, of which he
has given notice. If doubt exist among the most emi-
nent English lawyers as to some of the other points on
which the traversers and the Crown lawyers in Ireland
are at issue; no difference of opinion exists as to the va-
lidity of the objections taken to the charge. of the Learned
Judge who presided at the trial at bar. Without spe-
cifying the names of the counsel who have had the whole
case submitted to them for their opinion, as lawyers,
we state, advisedly, that the most eminent counsel at the
English bar, of both political parties—whose names have
been supplied to us--concur in pronouncing the grossly
partial,- and manifestly unconstitutional, charge of Chief-
Justice Pennefather as fully sufficient to sustain the writ
of error, and thus to rendr void the entire proceedings.
Sentence must be pronounced on the traversers by the
Court before the writ of error can be acted upon. It does
riot, however, follow that, though sentence be passed,
it should be carried into effect. While the judg-
ment of the Court below is liable to be reversed and the
proceedings quashed, it would be monstrous—involving
not merely absurdity, but positive injustice—that the
parties, legally, if not morally, unjustly convicted, should
suffer the. penalty of alleged guilt. The punishment
for misdemeanor, as fixed by the law, is fine and im-
prisonment—either, or both. Should imprisonment form a
part of the sentence, the period assigned would have
been endured before the judgment of the House of Lords
could be pronounced upon the writ of error. If that
judgment were in favour of the appeal—to say nothing
of the positive wrong thus inflicted on the parties
wrongfully punished, and for which no adequate
reparation could be made—what position would
the Government, in such case, occupy in the eyes
of the Irish people ? Already regarded with jea-
lousy—and dislike—because, as 'a party, identified
with the policy to which the people attribute their
former wrongs and present grievances—they would
then appear, in the eyes of the Roman Catholic popu-
lation of Ireland, petesecutors and oppressors ; who,
under the pretext of " judging "- O'Connell and his
co-defendants, " after the law, had caused them to
be smitten contrary to the law." The effect of
such a manifestation would be to kindle the em-
bers of Irish discontent into a flame. A topic
fraught with fearful power, when applied to the easily-
excited temperament of the Irish people, would be sup-
plied to the orators, of the Conciliation lirdl. The
cause. of repeal would be re-invigorated with giant
strength, and would progress with giant strides. Its
leaders would be invested, not merely with the influence
of heroic patriotism, which, in the estimation of their
followers, had impelled and enabled them to endure suf-
fering for their country ; they would then be reverenced
as martyrs. In attempting to crush repeal agitation,
the Government would itself be crushed. If the result
terminated here, this would be of small moment. It
would, in our view, be beneficial rather than injurious
to the empire generally, but especially to Ireland. But
the probability is, that the frame-work of society would
be shaken, if not shattered, in the madness of triumph.
Surely, there is nothing so magnanimous in the act of
punishing before the legal question is set at, rest, lest
the Repeal leaders should be ultimately found to have
been illegally and unconstitutionally convicted, as to
induce the Government to peril its own existence, and
to jeopardise the national peace, in order to enjoy the
satisfaction of placing a political opponent within the
four walls of a prison! We know we speak the sen-
timents of moderate men of all parties, when we say that
it would not only be more just, but more politic, because
more safe, to allow the sentence upon O'Connell and his
co defendants, if passed, to stand suspended until the
appeal made to the House of Lords is determined. The
defendants would be, of course, held in their recogni-
leLtaardsiii
probability,
eChabideNa vn tech wille: judgment,Chancellor
rlnevery eoyfert.hiianticipate
p shouldpEexnc.
h theth e
r
e
which is yet future—a contin-
gency a
e writnsn discussionce,
reyesAf
wt
seohrpri
ceohl appearßiaD questionas.
, in
will this night make his financial statement. The Budgeteciuer
this year presents itself under very favourable circum-
stances.long series of years, a bona fide •surplus to
There is, for. the .first time during a
be disposed cf, instead of a demand to impose new
burthens or a lame apology for " a bottomless
deficiency." 'We doubt, however, whether the
difficulty of the Finance Minister's position is much alle-
viated by this happy change in the financial condition of
the country. It is often as perplexing and as invidious
to make a selection for the awarding of benefits as
to make a selection for the imposition' of burthpns ;
indeed, if the benefits or the burthens, as the case
may be, happen to lie in a small compass in propor-
tion to the number of persons to which .either is open,
the distribution of benefits is the less likely to prove
satisfactory ; for in that the majority must suffer dis-
appointment and what they will think unjust neglect ;
in the imposition of burthens, the over-looked majority
will be thankful for their escape. We have already
heard one hundred different claims for the remission
of particular taxes in consideration of the surplus ;
indeed, we believe there is hardly one tax in the
schedule of the public revenue, for the reduction of
Which a-claim, supported by excellent reasons, has not
been put in. This is the natural course of things. Swift,
in his instructions to servants, lays down this rule :
Ascertain your employer's. income, and then consider
that, the whole of it is to be sp nt—whether you
are cook, coachman, groom, footman, lady's maid,.
or anything else—in your own particular de-
partment. And this is just the way in which men
reason with reference to the income of the public. This,
however, is not the way in which a statesman can
safely reason ; he Must first look to the security of the
income of which lie proposes to dispose, and calculate
with a. little more caution than ono of our Contem-
poraries, which contends, that because the . existing
taxes afford a surplus this year, less than the exist-
ing taxes must afford ii greater surplus next year.
Having obtained a tolerable assurance of the sum to be
disposed of, the prudent statesman will then consider
not the claims of this interest or of that interest,
but the claims of all ; amid in acknowledging the
claims of all, he is pretty sure to disappoint
every one. Unhappy office of a finance mi-
nister, who,- however- he be called to act,
is sure to be unpopular, unless he be dishonest. Mr.
Burke truly says, it is as impossible to impose taxes
and be popular, as to "love and be wise;" and with equal
truth may it be added, that it is impossible to take
off taxes • without giving offence to the majority,
probably to all ; for if the reduction affect all
universally, " their. common shares in such pro-
portion fall," that the. relief becomes a mockery.
We say these things, not— that we know,
or pretend •to know, what will be pro-
posed in the Budget, for the secret has been kept with
remarkable care and with' unprecedented success; No
one in fact, even hazards a conjecture—but we speak in
anticipation of the grave, and probably, in appearance,
well-grounded complaints which will be offered to-
morrow, whatever the proposition opened to-night ;
eompittints almost sgre $o be 100 and angry in propor-
tion to the good policy and the justice of those pro-
poSitions.
POST.—In a letter that we insert to-day, under the sig-
nature of " Timetes " in relation to the recal of the Go-
vernor-General of India, there is much that is worthy of
attention. Our. correspondent, however, touches, we think,
somewhat too lightly upon what we have reason to believe
WWI g1if,1441411y1 ttgailllP4 igipo,rtr4nt, pgio jr. thli
remarkable Case. " Thnefes , suggests, on the authority of
Lord Ellenborough's friends, that his Lordship's unsparing
retrenchments in the Indian expenditure may'have proctired
for him the hostility of the Court of Directors. Unless we
be much mistaken, this circumstance will, hereafter, be
fu‘itblll4 rqsl f°lii,ll9.T!, very .EllOl FRP
014., +4.9 ii4ol §T NinNfg 'plop Menge
ship. le have heard that the Noble LOrd, soon after
his arrival in India, discovered an alarming excess of
expenditure over revenue, to the extent of about two
millions sterlin* per unnuni ; that he lost no time in

that extensive retrenchment could not fair to 'diminish the
value of patronage, and to interfere with the long-established'
system of nepotism, one can understand- that the re-
forms introduced by the Governor-General of India may
have been distasteful to the sovereigns of Leadenhall-
itreet. That the course adopted by the Directors was
taken' so suddenly as not to have been suspected by
her Majesty's Government is almost incredible; 'but that the
latter considered the recal, when threatened, a mere threat;
the actual'exeCution of which was in the last degree impro-
bable, we can easily imagine. The important events in pro-
gress ; the complicated and critical relations of England with
many of the native Powers, and the success that had
crowned Lord Ellenborough's policy, must have combined
to induce a belief that his recal at the present moment could
not be decided upon by a body of men who were supposed to
possess a familiar knowledge of the condition and necessities
of our Indian empire. The step has, nevertheless, been
taken and if it shall appear that a tithe of what we have
heard be true, public opinion cannot fail to declare itself
loudly on this new instance of Indian mismanagement, and
the sacrifice of the weightiest public interests to the gratifi
cation if private pique.
ADVERTISER.---It never rains but it pours. Troubles
don't come singly. They always come in the plural munber.
Sir Robert Peel's difficulties thicken around him. Every
day, we had almost said every hour, adds to their number.
The latest heavy blow to the Tamworth Administration, is-
the recal of Lord Ellenborough from the Governor-General-
ship of India—not only, as we believe it will turn out, with..
out the sanction, but in opposition to the earnest remon-
strances of her Majesty's Ministers, with the exception, per-
haps, of the Premier himself. What the specific causes are
which have led the East India Court of Directors to resort to
the exercise of a power which has not been exercised for
more than half a century, is a point on which, so far as Go-
vernment are concerned, we are left in ignorance. They
have maintained an unbroken silence on the subject ; and
hence some persons seem to suppose that there are no specific
causes at all, but that his Lordship's recal is the result of a
deep dissatisfaction. with his general policy. This is a most
unreasonable supposition. It might safely be inferred, in the
absence of all, information on the subject, that there must be
extraordinary reasons for so extraordinary a proceeding. We
are enabled to state what these reasons are. They are a
series of most insolent letters, which Lord Ellenborough has
addressed to the Court of Directors at home—letters, we are
assured, surpassing in the insulting character of their tone
and contents anything ever known in the correspondence of
public men on public questions ; and which no body of indi-
viduals could have submitted to receive in silence, without
degrading themselves for ever in their own estimation.
When th facts of the case come before the public, the sub-
jest of universal surprise will be, not that the Court of Di-
rectors should at last have resented the insolence of their
servant, but that they should have endured it so long.
We shall, doubtless, be asked what was the origin of
these letters? What provocation, if any, had the Governor-
General to write them? We are in a condition to furnish
the desired information. Fon the last two years the Court of
Directors have been reasoning and remonstrating with Lord
Ellenborough respecting some parts of the policy he was
pursuing in India. They admonished him that the tendency
of that policy was to jeopardise British ascendancy in the
East, and earnestly intreated him to alter his course. In
his first replies he evinced all the obstinacy and strong-
headedness which have always been the characteristics of
the man, and intimated his determinatibn to continue to act
upon his own judgment. Still, in the commencement of the
correspondence, there was nothing which the Court of Direc-
tors. could construe into personal disrespect. They ascribed
the tone and contents of his letters to an overweening conceit
of his own discernment and abilities. As, however, he dis-
regarded their instructions, and set at nought their counsels,
they felt the necessity of being more decided in their next
communication. This had the effect of still more deeply
wounding his Lordship's vanity. His rejoinder was, con-
sequently, written in a strain which few gentlemen could
brook. The correspondence, however, continued to go on,
and every succeeding letter from his Excellency was only
remarkable for surpassing its predecessor in unredeemed
rudeness and vulgar insolence. He even went so far, if we
are not misinformed, as to set the Court of Directors
at defiance. He never imagined that a Conservative
Court of Directors, however contemptuously and insultingly
treated by him, would have the audacity, as he deemed it, to
beard a Conservative Government and a Conservative Go-
vernor-General. The event, when he is apprised of it, will
undeceive him. He will find, to his cost, that the self-
respect and moral courage of the Directors were quite a
match for his coarse insolence. In them he has unexpectedly
caught a Tartar. We wish him joy of his prize. The recal
of Lord Ellenborough is chiefly important from its bearings
on the Administration at home. It would at any time have
given 'a heavy blow to the Cabinet of Sir Robert Peel:
coming at the present moment, it will fall with peculiar
force. Already that Cabinet is staggering from the effects of
former blows received through means of Irish State trials,
-Irish Registration Bills, English Factory Bills, and sundry
other measures. If it long survive this last and heaviest blow
of all, it must indeed bear a charmed life.
TIMES.—It is one of the inevitable inconveniences at-
tached to the constitution and condition of a vast empire,
that the force of public opinion is seldom directed to the re-
mote and minute interests and controversies of scattered
dependencies, and that local usages or parties are frequently
able to paralyse the vital principle of government in the ex-
tremities or minor members of the body politic. The strength
and cohesion of the various dependencies of Britain is based
upon a system tolerant of all the varieties of local freedom,
and pre--eminently respectful of local privileges, rather than
on the arbitrary uniformity of strict subjection to the laws
and institutions of the mother-country. But although we
deprecate any wanton interference with the usages of depen-
dencies, which have been taught to believe that their privi-
leges are safer under the tutelary dominion of England than
they would be under any other State, or even in a condition
of independence; yet the dignity of the Crown, and the in-
terests of the -community, demand that this respect far local
and subordinate governments should not be carried to such a
length as to extend an indiscriminating protection to insti-
otutionswhic to shieldhhavethem from m
nothing but their
reprobation.rantiquit
antiquity and
it
their lo-
cal character is
obviously the first duty of the Supreme Government to take
care that justice should be administered by proper persons
and in a proper manner, in every part of her Majesty's
dominions; and that the practices of local judicatures should
not interfere with the common rights of British subjects.
Within an easy voyage from the coast of Hampshire, and at
no greater distance from our coast than the Channel Islands,
we venture to affirm that all the abuses of local Government,
the intolerance of local prejudice, and the jealousies of local
power, will be found flourishing with an exuberance which
we should scarcely find in the colonies of the eastern or west-
ern hemisphere. In addition to the peculiar spirit of insular
importance, and the distinctive characteristics of laws and
language appertaining to the lieges of the Dukes of Nor-
mandy rather than to the subjects of England, Jersey and
Guernsey have retained the forms and the temper of the
municipal bodies of the middle ages--judicial power without
legal learning or discretion; and political authority which
claims from tradition something approachable to absolute
irresponsibility. Yet these very defects are defended by many
of those who suffer by them, precisely because they are in-
veterate ; they give the charm of local colour to the acts of
authority ; and the inhabitants of these islands participate with
a sort of pride in the abuses which mark their secular indepen
dence. Not so, it must be acknowledged, do these strangers
to the customs of the islands report, who chance to be brought
into contact with the States or Royal Courts of Guernsey and
Jersey. It appears that many of the officers who have filled
the post of Lieutenant-Governor in these islands, have been
content to discharge the military duty more especially in-
trusted to them, and have avoided discussions with the
local authorities on matters affecting the civil government
of the islands. The present Lieutenant-Governor of Guern-
sey, Major-General Napier, is not, however, a man to witness
with composure the extraordinary abuses of power, especially
in the administration of criminal justice, which are passing
under his eyes. The consequence has been a very warm al-
tercation between the members of the Royal Court and the
Queen's representative in Guernsey ; and, without expressing
any opinion on some acts and expressions of General Napier,
which appear to have kindled prodigious indignation in the
island, we have ascertained enough to be convinced that the
irresponsible judicial power of the Royal Court is' in hands
very unfit to wield it. Neither the constitution of the Court
nor the personal character and legal attainments of its members
afford any of the ordinary guarantees of a British tribunal.
The Jurats unite in their own persons the functions of ma-
gistrates, grand and petty juries, and judges—they 'receive
accusations, they commit for trial, they convict the prisoner,
and they award the punishment, from fines or flogging up to
the last penalty of the law—death itself. Under such a
jurisdiction it is not too much to say that none are so inno-
cent that they may not suffer, none so guilty that they may
not escape. I'Vhen the public feeling of the island Is ex-
cited in favour of a countryman, however gross and evident
may be his offence, he is brought off; whilst strangers, and
especially men belonging to her Majesty's troops quartered
in the island, have been treated with excessive and un-
merited rigour. One case in particular occurred in the month
of August last year, which is calculated to provoke the
strictest inquiry. Four soldiers of the 48th Regiment, men
of good character,' were accused of a highway robbery and
assault on a Guernsey man, whose testimony was entitled to
little credit. After a preliminary confinement of a month,
eight days of which were passed in solitary cells, they were
brought. to trial. Upon most insufficient evidence they were
convicted by a majority of Jurats, the Court being divided in
opinion, and sentenced to three months' imprisonment, the
first and last month to be spent with the aggravations of soli-
tude and bread and water. During this period the horrors of
the gaol were increased by the total Abeam of medical at-
tendance, and one of them died shortiv after his release under
an accumulation of disorders contracted in the prison I From
these decisions in criminal cases there is no appeal. The
interference of the Secretary of State has not unfrequentiv
been resented by these extraordinary judicial eeliceire ; and
even her Majesty's free pardon wider the sign manual has
been made a subecce of dispute. We refrain from mixing of the
this particular question with the political state .tf. twhile
Channel Islands, beesuied that cannot be discussed wi I t
feelings ; but the ad-
awakening political passions and party
prejudicedigrniansiestoraftion
in the hands of men
and it is absurd and
tion is in these days without a parallel
unenlightenedj justice
sti
e oughtinEmot
rtbleiruneot
iliTuioeshaeoe jffruorymi sudbtihlciee
the judicial
subordi-
nation of feudal and municipal justice to regular
officers of the Crown and the general laws of tllp m4l, was
ofcriainiadl
who are a scandal to the name of justice. In Jersey same of
the jurats are so illiterate, that they can scarcely write, for
iFniefbeoocvof
emrt
privateneg first
to
o p
preserve
saed
slypiTgevels:
the office seems to he shunned rather than sonuht glee lay
the best families in the island. goleximy vhe,a_
said
to
ccppr. leigliee position societyleee bothislands the
Widely OA 400 counexious arising from intermarriage in a
small community, the' dissensions of local passions and
' parties, and the absence of conipetent legal knowledge and
judicial impartiality in the bench, imperatively demand a
prompt and searchini remedy, No Government can con-

••
DUBLIN, APRIL 26.—Mr. WirrrEslDE resumed his argu-
ment at half-past one o'clock yesterday morning. He com-
menced by adverting to the Chief Justice's charge. The
Learned Gentleman, after referring at some length to the
evidence permitted by the Lord Chief Justice to be sent to
the jury with respect to the assembling the repeal meetings,
and their illegality, proceeded to say :—lt made not the least
difference whether a meeting was convened magisterially or
not. The evidence received was irrelevant, and wholly at
variance with the question under consideration, because the
meetings were convened by the Association, and not magic
terially, therefore the place in which they were uttered was
very different from that referred. to in Horne Tooke's case ;
and the fact of Mr. O'Connell having all his life adhered to
the same principle which he professed before the union was
a strong fact which should have been noticed in his favour.
Upon the ground of misdirection he submitted a case had
been made out upon this application for a new trial.
The ATTORNEY-GENERAL rose and said, that he wished to
take the *pinion of the Court as to the course to be pursued
with respect to this motion. Eight nofices had been served ;
and it was for the Court to say what number of counsel
should be heard for the traversers, but he did contend for it,
that every one of those notices should be opened before the
Crown was called on to reply. Those acting for the Crown
did not desire any unnecessary delay, and he (the Attorney-
General) required that the several notices should have been
opened by such number of counsel as the Court might decide
upon, before the Crown replied to the objections. After the
Crown would have been heard, other counsel might be heard
for the traversers, the Crown, however, having the last
reply.
Judge BURTON—What is said to this ?
Mr. HEN% Q.C., should have been disposed to contend
that the Crown ought not to have the final reply, especially
in a new trial motion ; but he was afraid their Lordships en-
tertained too decided an opinion upon the subject. It ap-
peared that there were four classes of notices, one relating to
the cases of Messrs. O'Connell and Steele, another to Dr.
Gray and Messrs. Barrett and Ray ; a third to Mr. Duffy, and
a fourth to Mr. Tierney ; and there being those four classes,
each of those notices could be opened by a separate counsel •,
and the Crown having then spoken, the traversers could
reply by four more counsel.
The ATTORNEY-GENERAL—After the Solicitor-General and
I have spoken, the counsel for Messrs. John O'Connell, Ray,
Duffy, and Tierney, will have an opportunity of being heard,
prior to the final reply of the Crown.
Mr. HATCURLL, on the part of Mr. Ray—l have a motion
to make to your Lordships, to the effect that a new trial be
granted. the Learned Counsel continued to address the
Court for a considerable length of time, minutely discussing
the bearin,rof the law and the Judge's charge upon his client's
case, and at six o'clock terminated his address by stating his
opinion that their Lordships would be inclined to submit
to any inconvenience, even the terror of another trial like the
present, sooner than justice should not be done, and the ac-
cused denied the benefit of the law. Mr. Hatchell then re-
sumed his seat, and the Court adjourned till half-past ten
o'clock to-morrow morning.
SATURDAY.—THIRD DAY.

The Court sat this morning at eleven o'clock, when
Mr. MooRE., Q.C., proceeded to address their Lordships
oa behalf of the Rev. Mr. Tierney. He had to move their
Lordships to grant a new trial, and to set aside the verdict
obtained in this case. The verdict returned was not uns-
tained by the evidence of the case, and also there was a mis-
direction in the charge delivered by the Lord Chief Justice
to the Jury. The charge against Mr. Tierney was that he
had joined a conspiracy already formed, and they could not
prove his having joined ft conspiracy by fixing the acts of
others done before he had any connection with them.
Mr. O'ILIGAN was counsel for Mr. Duffy, and it was his
duty, on that gentleman's behalf, to move for a new trial.
He contended that evidence had been improperly admitted
which should have been rejected ; next, because the evidence
in his behalf was not properly laid before the jury : next, that
the charge of the Learned Judge was objectionable, by reason
of misdirection; and, finally, that the evidence did not sus-
tain the verdict.
The SOLICITOR-GENERAL opposed the application, and fol-
lowed the order in which the application had been made. He
would contrast the statement of the Counsel for the traver-
sers with that verified and sworn by Hodges, the Govern-
ment reporter, a gentleman of great ability, and the highest

character in every respect.
Judge CRAittrro:l—Whose affidavit is that ?
The SOLICITOR-GENERAL said, that of Mr. Hodges, the
short-hand writer. 'And he would call the attention of the
Court to the facts of the case, as sworn to by that gentleman.
Among the twenty-four names on the jury panel called by
Mr. Bourne, ➢ir. Rigby's name was called by that officer as
John Rigby. On this Mr. Rigby hoping, and he (the Solici-
tor-General) did not blame that gentleman, to avoid being
placed on the jury by a mistake in the writing of his name,
said at the time that he was called John Jason Rigby, and
not !John Rigby, and suggested that, as Mr. Passworth had
been excused on the former day for serving on the jury on
similar grounds, he might be exempted also. Mr. Bourne
then asked him if he were not the John Rigby that lived at
175, Great Brunswick-street? to which Mr. Rigby answered
in the affirmative. Now there he was identified with the
same John Rigby on the jury-list. He proceeded to discuss
the next objection to the verdict, viz., the extension of the
trial into vacation, and really Mr. Whiteside had most
strangely interpreted, or rather misinterpreted, the words of
that Act.
At half-past four o'clock the Judges intimated their inten-
tion of adjourning the Court.

THE SUPPRESSION OF ART-
UNIONS.

A general meeting of artists was held at 'Willis's Rooms,
King-street, St. James's, on Saturday evening, to consider
the best course to be adopted in consequence of the recent
notice given by the Lords of the Treasury prohibiting the
usual drawing of the Art-Union lottery. Long before the
time appointed for the meeting the room was thronged, and
the greatest anxiety was manifested in the proceedings.
Soon after eight o'clock Thomas Wyse, Esq., M.P., ascended
the platform, accompanied by the members of the Council of
Institute of Fine Arts, by whom the meeting had been con-
vened.

THOMAS `NYSE, Esq., having been called to the chair,
stated briefly the objects for which they were assembled, and
desired the Secretary to read the advertisement calling the
meeting.
JAMES FAHEY, Esq., the honorary secretary, having read
the advertisment,

The CHAIRMAN again rose and addressed the meeting at
considerable length on the subject of Art-Unions and their
prospects. He observed that, in 1837, a feeling having ex-
isted for the further extension and improvement of the fine
arts, by combining with the interests of artists that of the
public at large, the Art-Union system was introduced, and
was soon afterwards extended to almost all parts of the land.
The characteristic features of this system were that it dis-
countenanced monopoly; there was in it no combination for
the advancement of particular interests, or individual advan-
tage, but it extended encouragement from the highest to the
lowest, and, whilst it encouraged artists, it also promoted a
taste for the fine arts among the public at large, who were the
most enduring, the most noble, and the most elevating
patrons of art.—(Loud cheers.) The Art-Union wished to
extend the civilisation depending on art to every
part of the country ; to give to every artist
the
chance of becoming known to his f
and to establish in this country a republice of art.
The results of their -efforts had so far realised their
most sanguine hopes. In the first year of their labours the
1
subscriptions amounted to 0n1y400., whilst last year they
exceeded 14,000/. • and this increase had taken place in the
space of only eight years. Similar augmentation had been
experienced in the Art-Unions ofEdinfohrurgthhe
finean rtdaDtstb waslin,
which showed that the increasing taste
not limited to the metropolis. The money which had been
distributed by the Art-Union of London, since its forma-
tion, amounted altogether to between forty and fifty thousand
pounds, which sum had been distributed generally among
the most meritorious artists, and had not been apportioned
to anv favoured individual or coterie. He denied that the
Art-Union was a gambling society, though it came under
the letter of the law. To the law, as pronounced by the
Attorney-General, they must submit ; but they were, never-
theless, not precluded from doubting the soundness of the
interpretation of the law, which had bean otherwise inter-
pretated by other legal authorities. As doubts had arisen,
he wished.the Legislature to take measures to prevent the
continuance of those doubts in future. Without censuring
the Government for having acted on the interpretation
of the law by the Attorney-General, he at least thought
that that interpretation should have been elicited at
an earlier stage of the proceedings, so that much of
the expense that had been incurred by the Art-Union
Of London, might have been avoided by premonitory notice.
The course he would advise the meeting to pursue was, to
present a memorial to the First Lord of the Treasury, repre-
senting the position in which the Art-Union of London was
placed by the recent decision against them; stating the pre-
sent c01:4004 of the body, what they had done for the ad-
vancement of art, and their hopes of accomplishing much
more for the future. Let them intreat of him that the law
might be re-modelled, and that they might be at least placed
in a condition to pursue the system which had hitherto been
so successful. Should the First Lord et' the Treasury not like
to take the initiative in he nlatter, then the question would
be whether it might not be advisable to submit the subject to
he
onskleratiOn of the committee of the House now sitting
~„

(.01).Y.)
NATIONAL TESTIMO... lAL TO ROWLAND HILL,
AUTHOR OF THE PENNY POSTAGE.
3, Lothbury, London, April 24.
Sir,—ln reply to your letter of the 23d inst., I beg to state
that it is intended to present Mr. Hill either with the amount
subscribed, or to purchase an annuity with the same.—l am,
Sir, yours faithfully, GEORGE WANSEY, Secretary.
Thomas Robinson, Esq., Buxton-road, Huddersfield.