The Sun.
London, England, 1844-09-03 00:00:00

THE WRIT OF ERROR.

iIe9NNELL AND OTIIMIS TILE QUEEN.
Ile opinions delivered yesterday by the Learned
u•tidg% in the House of Lords give rise to a variety of
considerations, amongst which the following may be
noticed as particularly important :-
1. In the case of an appeal, or writ of error, is any
Presumption to be made either in favour of, or against
the legal validity of the judgment appealed from, or is
not the proper judgment to be given as much open to be
considered by the Court of Appeal upon Error, as by the
uotirt below upon the original hearing?
2. It' in an indictment consisting, of counts A B C,
where the verdict is guilty of all generally, and the
cunt C is bad, a judgment that the defendants for the
"fences aforesaid be fined and imprisoned cannot be re-
l'er,sed on a writ of error, upon theground that the judg-
tent would have been sufficient if confined expressly to
counts A and B, and that a Court of Error must pre-
aurae that the Court below passed such judgment upon
the good counts only—is there any mode of rebutting
Bttell presumption and of bringing to the knowledge of
the Court of Erro, r the feet that the Court below had,
her°re they gave such judgment, held upon motion in
arrest of judgnient that the count was good ; and if not,
h°ll7 can they act upon a presumption which cannot be
rebutted ?
• 3. Would it make any difference if the Court in pass-
ing sentence, should have actually commented upon the
enormity of the offences charged in count C, and the
great danger in which the public would bo if such
Offences should be allowed to go unpunished, and should
tthen have proceeded to pass the sentence upon the de-
nclant—therefore, for the offences of which you have
been found guilty you be imprisoned, &c. ? or could such
tungrnent, if in writing or print, be judicially brought
o the knowledge of the Court of Error ?
4. Would it make any difference if the writ of error
Were brought on the judgment of a criminal Court, in
hick the presiding judge had been a Peer of the realm,
and it were admitted by that Peer in his place in Parlia-
°lent, that he had entirely, or in part, given the judg-
Teent and passed the sentence upon the bad count ; or
would the effect of the legal presumption now under
discussion be such as to constrain him to adopt the pre-
tinnption that he had rejected that count, when in fact
e had acted upon it ?
.15. Suppose a judgment to have been founded on the
ad counts in an English Court, would it be the duty of
judgea Who had given such judgment to advise the
th
sir of Lords to presume that they had not founded
eir judgment on these counts ?
• 6. Would the same doctrine of presumption be made
14 the ease of a judgment of a Court of Quarter Sessions,
°r.,any inferior Court of record ?
p‘• h a motion in arrest of judgment made before or
ter the sentence is passed ? Is it a motion to the
court to review its own judgment, given upon a bad
~,.e°llot, or an application to the Court to abstain from
Passing judgment for the offence charged in such count ?
The following appears to be the form of the entry
of an arrest of judgment in a civil case :
" But because it appears to the Court that the declara-
tion •
0,„; is not sufficient in law for the plaintiff to have or
isin..intttianig n his action against the defendant, therefore
to give judgment upon the verdict aforesaid, it
1., told to the parties by the said Court, that they go
thereof without delay."
i4;9' Is there not also a proper form of entry in a mi..
0 dial case, where the Court holds the indictment, or any
tte of the counts, bad in law ?
iq 11,. Is not the form of judgment given by Lord Hale,
fn " Pleas of the Crown," vol. ii. pp. 394, 395, the
,‘.in which ought to be adopted in such case. He says,
whee the prisoner excepts to the insuffieieny of
the • . e
Indictment, or the Court does it ex officio, the lentjudg-
is special, quod indictamentunz cb insufficixntiam
c-lfeur, et quod the prisoner eat znde ad prcrsens sine die?
tioh` • 18 not a motion in arrest of judgment an applica-
to the Court, calling on it to decide that no judg-
toent can be given upon the indictment, without regard
or form of the judgment, whether on all the counts
011,13' on some? Is not the question on a writ of error
etner the judgment, in the form actually given, can
judsnatained ? If so, can cases on motions in arrest of
al ginent throw any light on the questions to be decided
Writs of error ?
whet. If there is a form of entry in a criminal case,
cootie the Court holds an indictment, or any count or
the, bad in law, can a Court of Error presume that
Court below gave judgment only upon the good
11)418, where there is no entry upon the record to show
sidepule Court below, upon due consideration, have con-
eoo,:u any of the counts insufficient in law ; but, on the
Ilia "TY, have given judgment that the defendant, for
I.?"ences aforesaid, be fined and imprisoned, &c.
tit) ". Would it make any difference as to the presump-
-14 to be made by the Court of Error, if the jury should
kis: actually found by their verdict, that as to the pre-
fends charged in the count C (the bad count), the de-
pe,kttg are guilty thereof, and such finding should ap-
reer,'„uPon the same record on which the Court below is
thiti`Fd to have given judgment, or passed sentence,
am • the defendant, for his offences aforesaid, be fined
filid.ltnprisoned, &c., without saying anything as to such
14Ing upon the bad count ?
t 23,• In the case of the King v. Holland, 5 Term Rep.
it,,R Lord Kenyon is reported to have said, 4,11.1 r. Adam
rain4e,cl that three things ought to concur in every cri-
b, al proceeding—first, that the party accused should
tho Prised of the-charge he is to defend ; second, that
bo;loeuurt might know what judgmeat was to be pro-
ed according to law ; and thirdly, that posterity
TliOo 4,0 a, what /any is to be derived from the record.
if this are general propositions, to which I assent." Now,
1ed,,.. from the record of the Court below as to the va •
or 0-(:tu the count C, and whether it charges an offence
5,
Coart ' the presumption of a Court of Error is that the
jud,,, hare judgment upon the good count only, and the
~,,sernent be affirmed upon that presumption, how will
"`-s'.at. roy derive their knowledge of the law from the re-
tk'a of affirmance ? Will the record of affirmance by
tZe Court of Error specify the counts which are good and '
tiea,e which are bad, or will the judgment be general that
elJno(l,9;ment below be affirmed ?
41' 4a the record of the Court of Queen's Bench in
elsee now stands, can Mr. D. O'Connell, or any one
say for what offence he is now suffering imprison-
bett, nle,s it is fur all the offences uith which he has
feu guilt}y the indictment, and of Is hich ho has
foun by tbe jury
4tl
ICREY ZOOLOGICAL GARDENS.
44 visited these delightful Gardens last evening,
he,t!ere highly gratified at the manner in which
"ovens " Battle Symphony" was performed
Nt the able direction of Mr. Godfrey. This noble
ohl„„ of music should be heard in the open air, in
offer to live its effect properly appreciated. These
fists Were admirably brought out last evening. The
Of the cannon, and the frequent discharges of
Per es of musketry, gave a rraisernblance to the
fitvo,,-rrilancz!, which must be wanting under less
li..
amble circumstances. So perfect was the illu-
killa that we could almost fancy ourselves :in the
of
tatt„ a heavy fight. The manner in which the
treat "e Symphony' has been got up reflects the
thet;est credit on Mr. Godfrey. As last night was
111,4"iversary of the Fire of London, the pyrotechnic
1441 y. during the conflagration was of a more than
P4s, 3 brilliant character, in commemoration, we
th.e "41°1 of the anniversary. The gardens were, as
txtest ve been every night this season, crowded to

--es44 —LLD OF BARLEY SET ON FIRE.—On Wed-
-4441 3' forenoon, at a quarter past ten, as the first down-
the :I's passing through a cutting of about five feet in
i'tst'o-„r'sh of Rivenhall, half a mile from the Witham
13'1 a spark from the engine set fire to a field of bar-
41alt-,"ging to Mr. Upson. The barley was very ripe
4c)t l'eut, and a heavy crop both of straw and grain,
kkesS than seven quarters per acre. The flames passed
11' the than
field with great rapidity, till they were stopped
4atef: edge or bottom of the enclosure, which fortu-
tit was a distance of only eighteen rods. The quan-
„, o„
`iticlin 'slimed was about two acres, and
.altogetlhesr,thiann-
-30/4the straw, the damage sustained is not es
k"ex Herald.
4rik :-'I,IORT STORY, WIT A MORAL.—A young
Itich Bad formed an attachment for a daughter of a
4448i:4 farmer, and, after agreeing with his " bonnie
the went to the old fellow to ask consent, and daring
41qsacicieritetini.e°411Y, which was an awkward ono for Jonathan,
meats away at a stick. The old man watched the
tsllvteolns of the knife, at the same time continued to
slitt,-Pea the prospects of his future son-in-law, as he
thir,``'sed, until- the stick dwindled down to nought He
hate stake as follows :—" You have fine property, you
11114 Steady habits, good enough looking, but you can't
kt,.„lnY daughter 1 Had you made 'something, nold
'1441 what, of the stick you whittled away, you could
to It- 441141 her ; as it is, you cannot. Your property will
37541",91e stick did, little by little, until all is gone, and
'44lilY reduced to want. I have read your true
th,tha act ;
ler you have my answer." Jonathan conveyed
h,it,llaPpy news to his anxious fair one, Who, after
J,ott the story, burst out'a crying, saying, " Why,
arnal fool you, why did'nt you say you'd made a
4aet f°lll't, if nothing more ! Git out ! I'll marry the
Nl7.4lee,rltoznthpautppeori.nts-his eye at mo—l will, so boo-o-o-o."
IIiEMEN'S LAND.—At Hobart Town, Van
!Pitz.tett."_,'s Land, on the 29th of April, Mr. Gregson was
41,r, Ile? 5,0001. damages by the Supreme Court, against
,Qat.,,,•°°son, both merchants of the colony, for falsely
'phegg the plaintiff by letter to the Governor, Sir
ranklin, with perjury and forgery. Mr. Welsh,
`,ol•WtY•General of the colony, was suspended by the
in the for fighting a duel with Mr. Macdowell, also
1„7, [The) manage these matters differently
'ith Here- an Attorney-General may
4t.4t, Perfect impunity, whilst conducting a solemn
4,,:fead Prcleentiori, chllenge the counsel for the
to poi *ctlt to mortal combat, even in the presence
,mitiZh..uurt., and whilst that counsel was engaged,
t".4dress to the jury on the part of his clients .
'Loe state of although we bear much of the
t-41114.3° of manners, no such license is permitted
1)-4tioti'" in this distant colony there is no State prose-
' aAttorney-General is at once suspended by the
doing that for which the. Irish At.t.orueey-,
Olt Sir nias lauded ilsy the Tory faction. It is
I,,is'itair,""ha Franklin had not heard of Tom Smith's
of his being allowed to continue in office,
thinAl, 11813. inded his own Attorney-General.]—Dublin
L
i trig
are in active progress for
shuNieh
it s a e`mnnaunication through Bury, from the
at'd Brandon line, at Thetford, to the Northern
f:ia'altll ,
rti at Nelvport.' This line will place Bury
out sixty-five miles of London,:and be. shorter
ilia° hr 7,1, ;-i; •1,,
:ill l'"-(11''64"" 1/4: prusiaeiais
q't'a uw)-itittiouut uilipcessAry delay, but not
Ittabd.Ything connexion with it is fully and finally
"IST°':.folli Chronicle.

BURIAL IN TOWNS.
(From the Leicester Chronicle.)
" And who would lay
His body in the city burial-place,
To be thrown up again by some rude sexton,
And yield its narrow hoire another tenant,
Ere the moist flesh had mingled with the dust,
Ere the tenacious hair had left the scalp,
Exposed to insult lewd, and wantonness ?
No, I will lay me in the village ground ;
There are the dead respected."—H. K. WHITE.

We should neglect the performance of a duty, were
we not to continue unceasingly to point out the evils of
urban interment, as one of the many causes of public ill-
health. SO much happiness or misery depends upon
attention to such matters as those upon which we are
about to treat, that it would be criminal not to enforce it
upon the community continually and determinedly. Not
only must a conviction of the great mischief accruing
from the practice of burying the dead in the midst of the
living, be created, but that conviction must be repeatedly
appealed to, and the feelings of people thoroughly
aroused in detestation thereof. Rich and poor should
be alike made to see that their homes are not safe from
the invasion of pestilential fever—that the bodies of their
friends do not lie safe, sacred, and undisturbed in their
graves—so long as the shocking custom of town burial
continues in existence.

There is no valid reason, either, why it should be
practised. Early precedent, for one thing, is not to be
cited in its favour. We find from Mr. Walker's volume
on this subject (the " Gatherings from Graveyards"),
that in the early ages of the Christian Church burial
out of the city was an obligation upon all. Tiae bodies
of the deceased friends of the Christians were placed in
catacombs or cemeteries situated at a distance from hu-
man habitations. The plan of interment within churches
was commenced, it seeess, by Constantine, whose example
was followed in the case of other Emperors, and of the
benefactors of the church. Afterwatds, it became still
more general; yet, the Christian Emperors always cen-
sured the custom: Theodosius (A.D. 381) especially for-
bade it in his code. Early councils also interfered to pre-
vent the practice. It was condemned, too, in an ordi-
nance of the Archbishop of Toulouse, couched in terms
the most forcible and convincing.
In 1765 the Parliament of Paris made a decided stand
against the system, which had caused almost universal
complaints about its noxious effects. Indeed, the French
people have all along shown a greater regard for the
public health and more respect for the dead than we
have, as a nation, despite the charges of irreligion and
immorality which arc often urged against them. In the
city of New York, too, a Board of Health reported upon
this subject, in 1806, and a prohibition of interment
within the city was afterwards formally determined
upon. The report stated that the practice " ought to be
prohibited. A vast mass of deca,ying animal matter,
produced by the superstition of interring dead bodies
near the churches, and which has been accumulating for
a long lapse of time, is now deposited in many of the
most populous parts of the city. It is impossible (pro-
ceeds the report) that such a quantity of these animal
remains, even if placed at the greatest depth of inter-
ment commonly practised, should continue to be inoffen-
sive and safe."
In the course of his work Mr. Walker has accumulated
a mass of evidence to prove the dangerous nature of
town burial, against which it would be utterly hopeless
to appeal. It would be as foolish to deny the mischievous
effects of the custom as to doubt the life-destroying pro-
perty of prussic acid.
Is the human heart so callous to right feeling that men
must wait until their own parents or relations are
dragged from their graves, before they will think, act,
and speak out on this question ? If only this will
satisfy them, let them consult the grave-diggers. They
could tell them tales that would " make their blood run
cold ;" they could make fearful revelations about the
mangled corpses of the friends of many a man who con-
soles himself that his once-loved parent or child reposes
undistnrbedly in the grave. But we need not go to the
grave-diggers for facts on this subject. We have heard
of a parent seeing the mutilated remains of his own child
knocked about in the earth, and we have been told by
eye-witnesses of persons having been buried near their
parents, when the dead bodies of those parents fell out
of their coffins, dismembered, into the newly-opened
grave : and these things, too, in Leicester churchyards.
How often do the vaulted aisles of our churches ring
with denunciations of the infidel, the sinner, the sectary,
and the Papist; yet, from day to day, and from week to
week, the ministers of God's Word are themselves vio
hating its most solemn behests, are themselves counte-
nancing, aye, and profiting by, a practice which shocks all
decent feeling, and which wounds the holiest ties of hu-
manity! Will the inhabitants of this large town remain
for ever indifferent upon this question? Are considera-
tions of public health, morality, and religion so feeble
among us, that no movement will ever be made to abo-
lish the practice? Is there no latent apprehension,
either, among us, that whenever another dreadful visi-
tation, like that of the cholera, sweeps over the face of
the country, our utter disregard of sanitary precautions
will bring upon us a terrible retribution?

We heartily commend this work to the approval of the
public, as an able, unflinching, and powerful exposure of the
numerous and varied evils of town interment. To it, as well
as the energetic and public-spirited exertions of its author,
the country is indebted for the rise of the movement upon
this subject, and to the notice which the Poonlaw Commis-
sioners (through Mr. Chadwick) have since bestowed upon
it, although, we are sorry to say, with an ungracious and un-
worthy disposition to overlook Mr. Walker's labours. For
some time before the Supplement to the Sanitary Report (on
" Interment in Towns") was printed, Mr. Walker had been
making great personal exertions, by calling public meetings
by publishing works, by addressing letters to the editors of
the metropolitan press, and by being the cause, in a great
measure, of the appointmant of a Committee of the House
of Commons, to awaken the country to a sense of the mis-
chiefs attending the practice we are here alluding to. 'l'o
him, therefore, belongs the merit of having enlightened and
aroused the public mind on this subject, and not to the Go-
vernment, or its agent, who would in this, as in some other
cases, deprive real worth of its due—if they could.

MONEY MARKET and CITY NEWS.

FROM TER MORNING PAPERS OP THIS DAT.

CITY, MONDAY EVENING.

TIMES.—As the division of the Bank of England
into two departments first came into operation to-
day under the new Act, a description of the present
arrangements of that establishment may 13-J gene-
rally interesting. The issue department is limited to
the payment of gold for notes, notes for other notes,
and notes for gold coin and bullion, and silver bullion.
For the purpose of carrying on the business of this
department the western end of the hall has been
fitted up. This arrangement is, properly speaking,
the only one that can be called a new one. The
banking department, from which the issue depart-
ment is severed, is subdivided into two sections, one
under the chief cashier, the other under the chief ac-
countant. The cashier section embraces the drawing-
office for private accounts, the drawing-office for
public accounts, the Bask Post Bill-office and the
Dividend Pay-office, while the Accountant's section
comprises all the stock offices, both for dividend and
transfer. The Accountant's office for Si. notes and
upwards may be properly classed as belonging to
the issue department.
The Bank of England deserves commendation for
the attention to public convenience which they have
shown in one instance. We allude to their reten-
tion of a quantity of silver coin in their vaults for
the benefit of the public,--including not only their
customers, but any one who may ask for a quantity
of change in silver. This coin is said to amount to
nearly 150,0001., and is reserved by the Bank with-
out any legal compulsion under the new Act, and of
course, entirely without profit.
SUN.—The Funds closed firmer than they were about
mid-day, though they did not reach the opening point of
the morning. Consols were 98i- sellers for Money, and
buyers for Account. Exchequer Bills were 755. to 735.
premium. The Three per Cents. were 921 to Ex-
chequer Bills were worth 755. to 735. premium.
The Spanish Securities left off much the same as they
opened. Spanish Three per Cents. were 33i and the
Five per Cents. 22i 1. Old Portuguese Stock was at
801. Chilian Deterred Bonds were at 50. Dutch Two-
and-a-Half per Cents. were 618 to
The additional transactions have been these :—Bristol
and Gloucester were 25 ; Eastern Union, .11 ; Great
Western, 66 ; Ditto, Fifths, 12i ; Croydon, 5 to 41 ;
Lynn and Ely, 2-.1- ; Manchester and Leeds, 53 ; Ditto,
Half, 214. Newcastle and Darlington, 25 ; South-
Eastern, 5 ; Ditto, New, 81 ; York and North Midland,
Scarborough Branch, 22 ; Ditto, Selby Scrip, 36 ; Paris
and Orleans, 17 ; Ditto and Rouen, 174 ; and Rouen
and Havre, 8 premium. Blackwall, 9-1 ; Brighton,ll, to
2 ; and Thames and Medway, 9i to discount. Aus-
tralasia Bank Shares were 9i premium.
The following letters have been addressed to the agent
for New Granada, to . which his Excellency has not
deigned to reply:—

" 18, Austin Friars, Aug. 14.
" Sir,—The Committee of Spanish American bond-
holders beg to acknowledge the receipt of your letter of
the sth inst.

" By a letter received from you by this Committee,
dated Paris, July 22, 1843, it appeared that you had
then under your charge the sum of 291,621 dollars,
which had been from time to time remitted to England
for the purpose of being applied to the payment of the
interest on the portion of the Colombian Foreign Debt
appertaining to New Granada, the same being derived
from the portion of the Custom-house revenue appro-
priated by Congress to this purpose.
"As this fund has of necessity received some augmen-
tation during the intervening period, the Committee are
desirous of now being informed what the sum at this
moment is in your custody. That this information
should be withheld from the bondholders, the Com-
mittee :are persuaded you will, on consideration, see
there can be no ground whatever. The money in question
has been set apart by a decree of the Congress of
New Granada specially for the payment of the bond -
holdet:, it has been remitted to England for that pur-
pose; and that information should Ise withheld from the
bond-holders of the amount thereof now in hand in
London, is a circumstance for which the Committee
could not have been prepared. The Committee earnestly
request the favour of a distinct communication in answer
to their inquiry for the information of the bondholders.
—I have the honour, &c.
" Id. Dl. Aloaquera, Esq."
" 13, Austin Friars, Aug. 22.
" Sir,—l am directed by the Committee of Spanish
American bondholders to request the favour of an
answer to their letter of the 14th inst. I have the
i.,,n

" M. M. Mosqucra."
The Committee of Spaiiish American bondholders,
from whom these letters emanated, ought not again to
put themselves in correspondence with M. Mosquera.

HAMBURGH MAIL.

COBLENTZ, AUG. 19.—0 n the afternoon of the 16th
there was a fall of snow• in the vicinity of Rhense, on
the Rhine.

CARLSRUIIE.—The Journal Vorwarts, published at
Paris, is prohibited at Carlsruhe.
DANTZIC, AUG. 24.—Quarter to Nine P.M. :—His
Majesty the King has this moment arrived here. The
city is brilliantly illuminated; all the bells are ring-
ing ; and the enthusiasm of the people is boundless.
BRUNSWICK, AuG. 27.—An ordinance, dated the
22d instant, announces that the Duke has assumed
the title of Highness (Holier°, instead of that of
Serene Highness (Durchlancht), which he has
hitherto borre.

BERLIN AUGUST 26.—During the visit of the King
to one of the Silesian Spaa, a circumstance is said, on
good authority, to have taken place, which, to prevent
misrepresentation, requires further communication.
Among the number of persons who flocked from all
quarters, and wh-) testified the most sincere loyalty
and attachment to his Majesty, there appeared, it is
said, a man in female attire, who attracted general
attention by his gigantic stature, and took advan •
tage of an opportunity to mix some shameful And
disrespectful words with the general acclamations.
He was arrested on the spot, and proved to be a cri-
minal from the House of Correction.

On the 22d the documente respecting the treason-
able attempt of Tschech were laid before the tribunal
to pass sentence. His counsel, M. Valentin, repre-
sents his client as insane, and on that account re-
quires his entire acquittal.

HAMBURGH BORSENHALLE, Ave 30.
Bills. Money.
Austrian S per Cents.
Bank Shares 1630
.77.

Anglo-Russian Loan 11334 113 g
Russian 5 per Cent., Ist series, Certificate...." 1047 10%
Inscription, Ist series ,— 105
Russian 5 per Cent. Hope and Co., 3d and 4th
Series _

9S
Ditto in Certificates
New 4 per Cent. (1840) ..... ...... ................ 90931 98—
Dutch Actual Debt, 2% per Cent.............. 6J 59%
Ditto 5 per Cent. ....... -
Anglo-Danish Loin, 3 per ..... %Ss3i
Spanish, New 5 pa Cent 5........... ......«......... 16%

Polish Ronda OOOOOOOOOO
New Tickets —
PRUSSIAN FUNDS.—Bitato, Atio,29.
Bills. Money
St. Sehuld 5ch.,"3% per cent 1016 ILO%
Prussian English 130nd4,1830, t per cent.
Exchange on London
Prussian State Gazette. Aug. 30
AUSTRIAN FU AUG. 24.
Five per Cents. Metalliques,.. . 110%
Four psr Cents. lOO
Three per Cents
Bank Shares ••- ..... .......... 1600
Allgenteine Zeitung, Aug. 27.
BELGIAN FUNDS.—Bausszta, Atm. 30.
Actual Debt, 2% per Cent ,
Rothschild's Loan, Five per Cent lO2
Loan of Thirty Millions, Four per Cent....
Three per
Thirty-seven Milli. ns, ditto 76%
......... 11,12%
184-4.•.- ....... •••••••••••••••••••••••••••••••••• 103%
-
Loan of City, 1843, Four per Cent. 102%
Society of Commerce, Four and a Half per Cent.
Bank of Belgium, Five per Cent 61%
Issue of 1841
—Brussels Papers, Aug. U.