The Sun.
London, England, 1844-02-05 00:00:00

THE SNOW STORM.

SUNDAY.—The following particulars were collected yester- '
day, throughout the afternoon, from the various officials con-
nected with the London and Dover, and the London and
Brighton, the Great 'Western, the London and Birmingham,
the South Western, the Northern and Eastern, and other
railways,_ the details of which will be read with interest.
TH L E ONDON AND DOVER RAILWAY.—Upon inquiry at
this terminus, it was stated that there had been considerable
obstruction on the line, arising from the heavy fall of snow
which took place on Thursday night
.and Friday morning,
and which has continued since at intervals. Some uneasi-
ness was occasioned on Friday morning by the late arrivals
of the up-trains, which leave Folkestone at forty minutes
past eleven, twenty minutes past one, and fifty minutes past
three o'clock, the earliest of which should have arrived at
the London terminus at half-past three o'clock, and the latest
at twenty-seven minutes after ten. Before they had reached
Penshurst and Staplehurst the depth of snow was so exces-
sive that the three trains were detained for some hours at
those stations, and it was found necessary to employ the
united power of the three engines to accomplish the journey,
which was not done until between three and four
o'clock the next morning, being a delay of above five
hours beyond the time at which the last train was
due. On Saturday and yesterday brooms were attached
to the guards of the engines to clear away the snow from
the metal, so as to afford the fianches of the wheels to have
an unterrupted passage on the rails. Throughout yesterday
the trains, with trifling exceptions, arrived at their destina-
tion within a brief period of the regulated time. An acci-
dent occurred, however, which was most fortunately not
attended with fatal consequences. It has been already made
public that the entire line from London to Dover is to be
opened on Wednesday next, on which occasion the Directors
will invite the auth.ities of Calais and Boulogne to a banquet
in celebration of the completion of this undertaking. In
pursuance of this intention several of the Directors, with an
express engine and a carriage attached thereto, yesterday
made an experimental trip, and on arriving at that part of
the line where it is intended to have a branch from New-
cross to the Bricklayers' Arms, the engine came in contact
with a truck, which was nearly demolished, and the party
had a narrow escape of being.thrown down the embankment,
and meeting with serious if not fatal consequences. The down
train, which left London at eight o'clock on Friday morning,
did not reach Folkestone within fifteen miles, thereby occa-
sioning serious inconvenience and delay to the passengers.
An extra engine was yesterday attached to each train. _
THE LONDON AND BRIGHTON PAILwAy.--41ie trains on
this railway, the reporter was informed, had not exceeded
20 minutes delay in any of the arrivals, but the effect of the
thaw upon the drainage and bed of the line is not yet known,
as the cuttings in many places are very steep.
THE LONDON AND BIRMINGIIMAM.—Mr.III,orris, the acting
officer of police, stated that the train which leaves Birming-
ham at half-past eight o'clock on Sunday mornings, bring-
ing with it the mails from the great northern towns, arrived
at the terminus, Euston-square, yesterday, at twenty-five
minutes past one o'clock, being five minutes in advance of
the usual period of its arrival. From the circumstance of
this train bringing up the Irish intelligence connected with
the State trials, much anxiety prevailed respecting the state
of the line. It was apprehended that in the event of the
wind veering round to the north, some obstacles would pre-
sent themselves to the afternoon (seven o'clock) train, but
every precaution had been taken to avoid any casualty.
THE GREAT WESTERN.—The up train from Swindon,
propelled by the Centaur steamer, and bringing the mails
from the principal cities and towns on this line, arrived at
Paddington with the loss of only three minutes. The ploughs
and brooms were attached to the engine, and proved quite
successful in clearing away the snow, which at Twyford
cutting was from sixteen to eighteen inches in depth. To
the weight and solidity of the engines may be attributed the
efficient operation of the machinery employed. All the pre-
parations at Slough were completed on Saturday for her
Majesty's reception at that station, and up to a late period
yesterday the decorations made use of had not been removed,
as no intimation had been received of the postponement
of her Majesty's visit to Windsor, in consequence of the
lamented death of his Serene Highness the Duke of Saxe

Coburg Gotha.
THE SOUTH WESTERN.—On Friday the train which
brings the mails from Gosport, Portsmouth, Southampton,
&c., was about five hours beyond time. A number of men
have been since employed on the line, and, in conjunction
with other measures, have succeeded in removing any impe-
diment in the transit of passengers, &c., as usual. The fall
of snow, owing to the direction of the wind, appears to have
been heavier upon this line than on any other. On Saturday
the mail-train was four hours and twenty minutes beyond
time. The greatest delay, however, that occurred yesterday
was half an hour. _

THE NORTHERN ANDEASTERN.—The delays upon this
- - - -- - -- -

line, as well astupon the Greenwich and Blackwall, h.ave been
very insignificant, so far as the information furnished by the
officers of the several companies may be relied upon.
In none of the above cases were the engineers, police, or
stokers allowed extra clothing.
THE BRANCH COACHES.—Upon inquiry at some of the
principal booking-offices, the clerks doggedly referred to the
railways for information, and affected the utmost ignorance
of any non-arrivals.
TilE METROPOLIS, &c.—The number of applicants for re-
lief and shelter at the different refuges for the destitute was,
as might be expected, considerably increased. About two
o'clock the snow abated, and from that time until about four
o'clock a small but thick sleet fell. Towards the latter part
of the afternoon a heavy ground thaw set in, which rendered
the streets exceedingly dirty—an effect which was to be
mainly attributed to the police not having put the law in
force compelling housekeepers to remove the snow from the
pavement opposite their doors.

DEATH OF GENERAL CUNNINGIIAME.—This Gallant
Officer, whose decease has been officially reported at the
India House, has been in the service half a century, and was
promoted to the rank of Lieutenant-General 28th June, 1838
(the Coronation brevet).
KNACKERS' YARDS.—On Friday night a petition
from the Committee of the Royal Society for the Prevention
of Cruelty to Animals, and complaining of the inadequacy of
the law relating to those places, and praying for relief, was
presented to the House of Commons by the Honourable J. S.
Wortley, and we are informed that a Bill for consolidating
and amending the laws now in force has been prepared
under the direction of the Committee of the Society, and will
be introduced in the early part of the session.

I ANNUAL LICENSING OF PUBLIC-

HOUSES.

The Magisfrateg of the Newington division of Surrey have
appointed the f2llowing days and places for renewing•
licenses to the Licensed Victuallers, ,in their respective dis-
tricts, viz.:

Bojur-Cit 074. SOITTIIWAnK.-011 Tuesday, the Ist 'of
March, at the Three Tuna Tavern, St. MargAret's-
hill, at ten o'clock, A.At. ; Bermondsey, RotherlOthe,
Newingt -n, Canibenvell, and Hatcham, On Mondh:V,
the 4th of March, at the Sessions-house, New-•
ington, at ten o'clock, A.M. ; Lambeth, Clapham,
Streatham, Christchurch, and the Ufa Liberty, on Thurs-
day, the 7th of Mardi, at the Sessions-home, Newington, at
ten o'clock A.M. The Magistrates have also appointed to
meet at the Sessions-house on Friday, the 16th of February,
at ten o'clock precisely, for the Purpose of receiviog com-
plaints against Licensed Victuallers living in the aboib-men-
tioned districts, and also to receive applications for licenses
to new ale and victualling houses.
HoLnonx DivisioN.—The Magistrates of the Holborn Di-
vision have appointed Tuesday, the sth of March for renew-
ing publicans' licenses, the meeting to be holden at the Board.
Rooms of the Holborn Union, Gray's Inn-lane, at the follow-
ing hours for the respective districts :—St. Andrew's, Holborn,
and St. George-the-Martyr, at ten o'clock ; St. Giles-in-the-
Fields and St. George, Bloomsbury, at eleven o'clock ;
Liberty of Saffron-hill, Liberty of the Rolls and Hampstead,
at twelve o'clock ; Paddington and Duchy Liberty, at half-
past twelve o'clock.

TOWER DIVISION, MIDDLESEX.—The Magistrates for the
Tower Division, have appointed the General Annual Li-
censing Meeting for the same purpose, to be holden at the
Court-house, Osborne-street, Whitechapel, on Monday, the
4th of March, at 11 o'clock, A.M., for publicans residing in the
following districts :—St. Mary, Whitechapel ; St. George ;
St. Matthew, Bethnal-green ; Bt. Catharine, Ratcliff ; Christ-
church ; All Saints, Poplar ; and St. Botolph Without ; Ald-
gate. The said meeting will be adjourned to Monday, the
11th of March, for the districts of St. John, Hackney ; St.
Paul, Shadwell ; Mile-end Old Town ; St. Leonard,Shore-
ditch ; St. John of Wapping ; Mile-end New Town • Norton-
folgate ; St. Mary Stratford, Bow; Bromley St. leopard ;
and St. Anne.

DEATH of GENERAL BERTRAND.

(From the Paris Messenger.)
" The faithful friend of the Emperor, the companion of his
labours and of his long exile, died on the 31st ult., at Cha-
teauroux, his native town. When serving as a national
guard on the 10th of August, 1793, Bertrand placed himself
in a battalion which was proceeding voluntarily to the Tui-
leries to defend the King. He served subsequently in the
corps of engineers, and passed rapidly through the grades;
was in the expedition to Egypt, where he fortified several
places, merited the confidence of the general-in-chief,
Bonaparte, and received, almost at the same time, the
commissions of Lieutenant-Colonel, and General of bri-
gade. After the battle of Austerlitz, in which General
Bertrand covered himself with glory, Napoleon ad-
mitted him amongst the number of his aides-de-
camp. He equally distinguished himself at Spandau, at
Friedland, and principally in the construction of the
bridges over the Danube, which were destined to facilitate
the passage of the French army to Wagram. This campaign,
and that of Russia, displayed his talents and bravery in such
a light, that the Emperor appointed him Grand Marshal of
the Palace after the death of Marshal Duroc. His successes
were the same at Lutzen, Bautzen, and Leipsic, and if he
experienced some checks at the passage of the Elbe against
Blucher, we must ascribe them to the fortune of our armies,
which was beginning to totter. Itwas Bertrand, however,
who covered our retreat after the sanguinary battle of
Hanau. In these two circumstances, and those which

lowed the departure of the Emperor from Paris, Count

Bertrand thought only of saving the remnant of our
army, and almost always saw his efforts and arrange-
ments crowned with all the success which it was possible
to hope for in the midst of such disastrous events. On
his return to Paris in 1814, General Bertrand was ap-
poined Aide-Major-General of the National Guard, per-
formed that campaign of France so astonishing by its suc-
cesses and Teverses, and followed Napoleon to the island of
Elba. On his return with the Emperor, on the 20th Mardi,
. .

he served him with his accustomed deVotedness. After the
fatal affair of Waterloo he never quitted Napoleon. Ile fol-
lowed him to his last exile, partook of and softened his mis-
fortunes, and thought only of returning to France when he
had received his last breath. It was with joy that General
Bertrand saw the revolution of July, and the triumph of the
national colours illustrated by so many victories. It was
with profound emotion that, ten years later, he saluted the
ashes of the Emperor, which had been brought across the
ocean by the Prince de Joinville, and saw France award to
this great shade brilliast and unanimous homage. The name
of General Bertrand was associoted in this homage with that
of the Emperor, as the finest model of honour and fidelity. It
will remain anited with it to all posterity. History has rarely
recorded a devotedness so pious, a fidelity so firm, so pure and
noble a memory. It is little to become illustrious by one's
own labours, and to have served France truly. General
Bertrand, by his worship of genius and misfortune, has raised
himself to the same height in which hovers the glory Of
Napoleon. This glory will shield him from oblivion."

MANLY SPORTS RELIEF BlLL.—Bell's :Life in
London of Sunday, Feb. 4, price 6d., contained a copy of the
Bill to be presented by the Duke of Richmond to the House
of Lords, for the repeal of the statutes of Anne and Charles,
and for legalising horse-races, foot-races, boat-races, regattas,
rowing-matches, sailing-matches, fencing-matches, putting-
stone, wrestling-matches,lcricket, tennis, fives, raquets, bowls,
quoits, curling, golf, and other manly games and for regulating
bettingthereon, with a copious digest. Bell's Life in London of
Sunday, Jan. 7, with the gratuitous stamped Supplement,
consisting of 24 folio columns of the Chronology of Sporting
Events, 1843, has been regulary kept on sale, and copies can
be had till the end of February. A sixpence or six Queen's
head ',stamps, sent from the country to Mr. Clement, jun.,
170, Strand, will insure a copy of the two sheets by return
of post.
AGATE BUTTONS.—The principle of forming tes-
serce by the pressure of dry powder, has been applied to the
manufacture of various kinds of buttons. They are called

" agate buttons," and are made from the disintegrated granite
which is brought from the neighbourhood of St. Austle, in
Cornwall. Compared with the cost of mother-of-pearl, they
are about one-third the price.—Birmingham Paper.
MARSHAL DROUET D'ERLON.—The .Siede pub-
lishes the following biographical sketch of the late Marshal
Drouet d'Erlon :—" This distinguished officer took an honour-
able part in the campaigns of the Empire. In 1792 he en-
rolled himself in a battalion of volunteers ; seven years
afterwards he was General of Brigade. In 1803 he was ap-
pointed General of Division. This rapid advancement was
the reward of his activity in several military operations with.
our armies beyond the Rhine. He fought at Jena and at,
Friedland, where he rendered important services, par-
ticularly on the former field, where ho contributed
to the defeat of the Prince of Wurtemberg, who
commanded the Prussian reserve. He subsequently com-
manded the 9th Corps d'Armeel in Spain. Amongst
the successes he obtained, he forced the British General
Hill to retreat to the walls of Lisbon, and car-
ried by assault the col de Maya, notwithstanding it was
vigorously defended by the Spaniards. In July, 1813, he
was one of the Lieutenants of Marshal Soult, and when the
British army invaded the South, he assisted at all the affairs
with the Duke of Wellington, and finally at the battle of
Toulouse. After the first restoration, he presided at the first
Council of War, which acquitted Excelmans, who was ac-
cused of having corresponded with Murat, ex-King of
Naples. After the 20th of March he was named Peer of
France by Napoleon, who intrusted him with the command
of the first Corps d'Armee, at the head of which he performed
prodigies of valour at Fleurus and Waterloo, which were,
unfortunately, useless. He afterwards assumed the com-
mand of the right wing of the army, under the walls of
Paris, and retreated, after the capitulation of that capital,
behind the Loire. For this reason, he was persecuted, and
exiled by the Government of the Restoration.'
DREADFUL ACCIDENT.—TWO LIVES LOST.—A
melancholy accident occurred in the township of Swanland
on Monday morning last, by which two poor fellows lost
their lives. It appeared that a number of men were "marl •
ing" on a field belonging to Mr. Todd, of Swanland, and
situated on the road side, between Hessle and Ferriby. A
pit to the depth of about twenty feet had been sunk, when
about a cart-load of chalk fell on two men out of three who
were working in the pit, and killed them instantaneously.
One of the sufferers was a native of Swanland, and 57 years
of age : the other was a young man, named William lord,
22 years of age, a native of Wiltshire, who, we understand,
was to be married in a month. The man who escaped was
an elder brother of Ford's, and had come with him from
their native county to teach the labourers here the process of
" marling." It seems that the two unfortunate men at the
time they suddenly met their death thought themselves quite
safe, but were watching the survivor, whom they thought to
be in a dangerous position. The old man's body and legs
were dreadfully mangled—every rib being broken; the chalk
had fallen on his back, knocked him to the earth, and crushed
in the whole of his body : his head was uninjured. In the
case of Ford there was no injury perceptible except on the
head, which had been nearly cloven in two. An inquest was
held before Mr. Conyers on Tuesday night, when a verdict of
" Accidental Death" was returned. The bodies were in-
terred at Ferriby church on Wednesday. We understand no
blame attaches to any one, pits having been sunk to a much
greater dspth in other parts of the same field.—llull Adrer.
THE NEW ROYAL EXCHANGE.—lnstructions have
been given by the committee superintending the erection of
the new Royal Exchange, to sell the triangular block of
buildings facing Cornhill and Threadneedle-street, known as
Bank-buildings, and which is to be taken down for the pur-
pose_ of fonning the western approach to the new Royal Ex-
change, and the site for the Wellington statue. The portion
to be sold comprises the premises occupied for many years by
the Sun Fire Office, the house where Messrs. Ladbroke and
Co., the bankers, carried on thebusiness of the establishment,
and several residences adjoining. The sale will take place
by auction, the materials consisting of about 200 rods of
brickwork, thirty tons of lead, a quantity of columns, maho-
gany desk, &c.
BACIWZLL. -AN EARLY BROOD. Mr. Henry
Watts, of this place, had on the 15th of this month, a duck,
which brought forth thirteen ducklings. The duck stole her
nest, and the young ones were hatched in the open barton.
This indeed shows the mildness of the season.—Somerset
Gazette.
ANTI-MALTHUSIAN.—A short time since, at the
village of Uphill, in the parish of Linkinhorn, a poor woman,
the wife of a miner named Granville, was delivered of three
boys, who, with the mother, are doing well. They were
baptised at the parish church of Linkinhorn, on Sunday last,
by the names of Abraham, Isaac, and Jacob. A subscription
has been set on foot for the relief of the poor family, and
nearly 50/. have been already subscribed.— West Briton.
THE MILDNESS OF THE SEASON.III every direc-
tion we see or bear of remarkable things, in consequence of
the peculiar mildness of the season. At Cotherstone, near
Barnardcastle, an apple-tree, in the garden of Mrs. Rowland-
son, appears at present in full leaf and blossom. A sunny
knoll in the Flatts Wood, Barnardcastle, has been for the last
few weeks overspread with primroses. Similar wonders are
recorded in various parts of the country.—Durharn-Chronicle.
The following is a list of the game killed during
the last week by a small party on a visit to the Hon. H.
Wilson, at Didlington Park :—On the two first days, phea-
sants, 279 ; partridges, 13 ; hares, 225 ; rabbits, 216 ; wood-
cocks, 12 ; snipes, teal, and other water-fowl, 29—total, 774.
Three last days, pheasants, 180 ; partridges, 21; hares, 177 ;
rabbits, 178 ; woodcocks, 7 ; teal and
,other water-fowl, 52—
total, 615. Grand total, I,3B9.—Norwich Mercury.
SHEPTON MALLET.—CURIOUS FACT.—There is
living in the parish of West Pennard, an old miser, who had
an extraordinary crop of apples last season. For the last six
weeks he has had a horse and cart, with a barrel and tub, one
to put the sound ones in, and the other the rotten ones, that
nothing might be lost." He finished picking them on Ts Ts
day last. The old man lost two beasts and twtosagzei/ye.t
week, through kindness in over-feeding.—
isToeuPthe ground In
surTpriiisEed IwVitilbArfaßl
the first fall of snow that has r
ofl .
sYnoe,svt,erddeeapyinine7o;n7nnirrste:venlviseries
3last all sorts of flowers peeped
1844. Even on Wednesday
ler' and shady lanes around us-,--prim-
this vicinity during the entire }ear of 1843, and thus far in
from the garden bon_
The nectarine trees have not
d their green leaves, and we have a spray of oak with
droppe
leaves upon it.—Shretcsbury Chronicle.
green
roses, snowdrops, crocuses, Szc.

IRELAND.

',T HE. STATE TRIALS.
'.SEVENTEENTH DAY.

COURT OF QUEEN'S BENCH.
DUBLIN, FRIDAY, FRB. 2.

TUE QUEEN V. DANIEL O'CONNELL AND OTHERS.
On Mr. Whiteside entering the Court he was received
with loud cheers. The Judges took their seats at ten
(Mock. Mr. Whiteside rose to resume his speech.
'lle CHIEF JUSTICE—Mr. Whiteside, I beg you will
'wait for a moment. lam not now addressing myself to
you, Mr. Whiteside, but I would wish the people in the
malle2ry would attend to what the Court feel right to say
with regard to the impropriety which took place yester-
day evening, A great deal of cheering and improper
noise took place—a just tribute due to the distinguished
talents of Mr. Whiteside, but a great indecorum, and
improperly committed before the Court. Such a thing
catuutt be allowed again ; and those who are disposed so
to signify their approbation or disapprobation of what
takes place in this Court, must be informed that the
Court is not the place to show any signs of such feeling;
and they must hold their tongues, and keep quiet.
Mr. WHITESIDE then said—l shall draw your attention
oow, Gentlemen, to the charge in this indictment on the
subject of the Arbitration Courts. This single accusa-
tion is spread over a great portion of the indictment,
end much dwelt upon by my friend, the Attorney-
-4.7.! eneral, in his address to you. I apprehend it would
astonish you very much if any of you were pre-
vented serving on this jury on the ground that
you recommended one of your brother jurors not
to go to law. You must recollect the thing to be
done, and advised to be done, and how it is to be
done—to see if the act itself be legal, and if the means
adopted for carrying out of the act be legal also. I
stibmit that it is both a religious and moral duty, if
possible, to compromise the subject-matter of
litigation between two parties, and you will find
it in that book, which I am sure is a high
authority in your estimation. Next, it is a moral
duty., In Paley's Moral Philosophy entitled " Litiga-
tion,' you will find these words—" But, since it is sup-
posed to be undertaken simply with a view to the ends
of justice and society, the prosecutor of the action is
ilrociactd to confine himself to the cheapest process which
will accomplish these ends, as well as to consent to any
peaceable expedient for the same purpose ; as to a refer-
ence in which the arbitrators can do what the law can-
not, divide the damage when the fault is mutual, or to a
c nnpounding of the dispute by accepting a compensa-
ton in the gross without entering into articles and items,
which it is often very difficult to adjust separately."
Therefore, the thing recommended to be done is both a
religious and moral duty. The law itself respects arbitra-
tion, and encourages it by every means, and it has occurred
frequently in our experience, that while a suit was pend-
ing, and, after great expense, was brought before a judge
and jury, it has been suggested by courts- 1 or the court
that the subject-matter of that dispute shall be referred
by consent to discreet men to adjudicate upon it. The
statute law of the land recognises arbitration. By the
10th William 111. it is provided that it shall be lawful
to refer matters to arbitration. By two later statutes,
one which is called by the name of the Learned Gentle-
man that passed it, Pigot's Act, 3 and 4 Vic., there are
provisions introduced to facilitate arbitration and compel
the attendance of witnesses. By the sth and 6th Wil-
liam IV., it is also recognised, and by the sth and 6th
Victoria, where th, matter in dispute is under 201., the
arbitration awards are relieved from stamp duty. The
statute law recommends arbitration to be adopted where it
makes no positive enactment on the subject. (The Learned
gentleman:here referred to the Friendly Societies' Act, and
several authorities to show that arbitration was recog-
nised. It was said they did more—they not only induced
parties to refer suits to arbitration, but that those justices
that had been dismissed should be selected as arbitrators.
That has been most strongly pressed by the ,Attorney-
General, and has been over and over again urged. I
admit frankly that it was said by Mr. O'Connell and
others that they hoped that those persons being dismissed
justices residing in some parts of the country should be
selected or appointed to act on behalf of the people ; and
they hoped the time would come when the people would
be at liberty to elect their magistrates. It arose from a
matter merely accidental, and never was intended or con
templated by those who became Repealers. It was long
afterwards that the act was done which led to the
appointment of these ex justices as arbitrators, and it
was not the result of a common design. It arose from
the act of the Government. They saw that a number of
gentlemen of high respectability attended these repeal
meetings, and it is quite plain, from reading the corres-
pondence of the Lord Chancellor, that he did not eonsi-
der they had thereby done an illegal act. In his -letter
of the 28th of May, 1843, he says that it had been his
earnest determination not to interfere with expression of
opinion by any magistrate in respect to the repeal of
the,Union, although, from his arrival in this country, he
felt• it to be inconsistent with his duty to appoint to the
commission of the peace any one who was pledged to
the support of that measure ; but he afterwards assigns
as his reason for dismissing them, that after the
discussons in the House of Lords, and the declarations
made in Parliament by Sir R. Peel, in answer to the
plain and distinct question of Lord Jocelyn, he felt
it his duty to ask whether they intended to attend
any more of these meetings, and if so, to dismiss them.
That letter plainly showed that attending these
meetings originally was not an illegal act, and his
letter was then merely a warning. Gentlemen, it is not
ray duty, consistent with the high respect I entertain for
that, distinguished functionary, to enter on a discussion
of the grounds on which he proceeded ; but there were
men of high authority who expressed their opinions upon
it, and, among others, two who had filled the office of
Lord Chancellor—l mean Lord Cottenham and Lord
Campbell—who, in tho House of Lords, disputed
those grounds, and said very plainly that it was un-
constitutional to dismiss those magistrates. That
a justice of •the peace had the same right to expres
and entertain his opinion as any other man in the
community, and that for having so done it was illegal
and unconstitutional to dismiss them. When the mem-
bers of the Repeal Association saw that such high legal
authorities entertained that opinion in reference to the
dismissal of these magistrates, and considered that the
declaration against repeal, on which their dismissal was
based, did not come directly from her Majesty, or in any
constitutional shape upon her authority, they did—
and it is not for me to say who was right or who was
wrong—seeing that these gentlemen possessed the con-
fidence of the people, that the people were piqued at
their dismissal, recommended their appointment as ar-
bitrators, and, in the words of Mr. O'Connell, " recom-
mended that all miserable petty-session litigation
should be put an end to, and that all disputes arising
in those districts where the magistrates had been
dismissed, should be referred to them as arbitrators, and
that he hoped the day would come when he should see
the magistrates appointed by the people." Gentlemen,
I defend that assertion of Mr. O'Connell. He had a
right to make that observation. I have yet to learn
from Mr. Solicitor-GeneraL that it is illegal to express
a wish to walk in the ancient footsteps of the Constitu-
tion, and that a desire to return to the ancient state of
the wise administration of justice is a combination
and a conspiracy. The more we investigate the
old rules of the common law of England, the more
deep is our respect for, and attachment to them.
They were based on the soundest principles of
constitutional freedom, and they only serve to show
how strong should be our attachment to those princi-
ples which form the basis of public freedom and liberty.
Centlemen, the next charge brought against the
traversers is that of endeavouring to excite disaffection
and -disconient amongst her Majesty's subjects serving
in the army. It is a singular charge, and peculiarly so
from this remarkable circumstance, that it is not
asserted that the traversers undertook or conceived
any project for the purpose of exciting mutiny amongst
the troops, or encouraging the practice of desertion.
It is merely charged against us that we endeavoured
to excite discontent and disaffection; but it is
not stated amongst whom we endeavoured to ex-
cite discontent, or against whom disaffection. Mr.
O'Connell's remarks in reference to the army arose,
in the first instance, out of a most tragical transaction
which occurred last summer. A soldier dropped
suddenly dead while on drill, and the Coroner's jury,
which sat upon the body, added to their verdict a state-
ment to the effect that his death was induced by great
fatigue consequent upon excessive drilling. This ver-
dict gave rise to an infinity of public discussion, parti-
cularly in the- newspapers, some of which contended that
the jurors were not justified in appending that state-
ment, for that it was subversive of the discipline, while
others as stoutly maintained that the jurors were quite
right in doing so, for that it was full time that the griev-
ances of the soldiery should be inquired into. The me-
mory of this occurrence was yet fresh in the public mind,
when another equally tragic event occurred. A private
belonging to the sth Fusiliers, a Protestant and an
Englishman, stepped out of the ranks, when on a drill,
and shot the adjutant, a Scotch officer, dead upon the
spot. This dreadful occurrence also gave rise to much
discussion, and men asked each other whether there
must not be something wrong in the discipline of the
army—something exceedingly oppressive upon the sol-
diery—when a man of good character—who, up to that
time, had conducted himself with strict propriety—could
Le guilty of a crime so horrible
and atrocious. It was
the topic of general observation. Mr. O'Connell inci-
dentally, in the course of his
of speeches, made some allu-
s on to it; and a clergyman,ioh name
wasof
published Power,
ialson
NI rote a letter on the subject,:h
the Pilot. Of that letter I will say nothing, for Mr.
Power is defended here by counsel.
CHIEF JUSTICE—There is no traverser before the
Court of the name of Power.
Mr. WHITESIDE—Oh, no, my Lord, lam ware there
is not. What I meant to convey was, there is: Pouzl
here for the gentleman who is responsible for th
c ation of that letter. That letter may, perhaps, be fairly-
enough adduced in evidence against Mr. Barrett, but I
deny that it can be adduced in evidence against the
.cther traversers; and what I complain of is, that the
„invisible gentleman with the scissors should have been
so exceedingly polite as to have introduced it into his
indictment for the purpose, forsooth, of proving a con-
spiracy against my client ! No specific act is laid to
Mr. O'Connell's charge, designed for the purpose of
weaning the soldiery from their allegiance; and the head
'And front of his offending consists in his having expressed
`jt a his qpi_ ,nion that sergeants ought to be more fre-
dWayS lif olwiiini, to commissions. But, Gentlemen,
".<4 . • rttor,-- a . do not wish to weary out your
..ttlePeej. tielltAct . you extracts ad infinitum from
Af7 111#4i, -.
- --i lii by officers in the army, in which
, .ifte gia.a, de.4o, * , distinctly propounded. For my
(,' tart, I pass do ' pon the subject, but I cannot see
worott
0 hy the right of ot 'es to do 60 should be disputed.
\t,
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X. ;1 S