The Sun.
London, England, 1844-07-13 00:00:00

THE SUN, LONDON, SATUR-DAY MORNING, JULY 13, 1844.

wish to see it in better hands than those of the Noble i was thrown out the better. He would support the pro-
'
Lord. viso of his Hon. and Gallant Friend.
The clause was then agreed to,
after a :light verbal Mr. SHARMAN CRAWFORD said his constituents
were opposed to the clause.
amendment.
Clause 25 was agreed to. On clause 26 being proposed, The House then divided, when there appeared—
Colonel WOOD (Brecon) said this clause was to For the proviso 3B
apply to the metropolitan district alone, and it was Against it
his wish that its power should be extended throughout Majority
the country. He proposed, therefore, to leave out the Mr. ESCOTT inquired whether a provision could not
words " any part of which is situated within the me- be introduced into the clause to exempt those places from
tropolitan police district, or the City of London." the operation of the clause in which the auditing of the
Sir J. GRAHAM was understood to -oppose the accounts had given perfect satisfaction.
amendment, but the observations which fell from him Sir J. GRAHAM said that if the Hon. Member could
were wholly inaudible in the gallery. point out how the object could be effected, he would have
After a desultory conversation between Mr. Escott, no objection to such a proposal.
Mr. Wakley, Sir J. Graham, Mr. Hawes, Col. Wood, The Committee then divided, when there appeared—
Mr. D'Eyncourt, Sir Walter James, and Capt. Pechell, For the clause
the amendment was withdrawn, with a view to Colonel Against it
Wood's bringing up a clause at the proper time, embo- Majority for the clause
dying his views and wishes, and then taking the sense of Clause 29 was then agreed to.
the House upon it.— The clause was then agreed to. On clause 30 being read, a desultory discussion ensued,
On clause 27 being put, which regulated the burials of which was not understood in the gallery, and the clause
paupers, some short discussion took place, when was ultimately agreed to.
Mr. WAKLEY entreated the Right Hon. Baronet to On the reading of clause 31,
postpone the clause, because he was convinced, upon con- Captain PECHELL objected to the powers which the
sideration, the clause would be re-constructed, and great clause would give to the parish officers. The Right
misery prevented by it. He would state, seeing what he Hon. Baronet, the Secretary for the Home Department,
had, that poor creatures went about begging for coffins, said that aggrieved persons had a remedy, but he (Cap-
and could not get them till there was a meeting of the tam Pechell) thought that the best remedy would be
board of guardians. In cases like these, burials ought " Leave us alone."—(Cheers.)
to take place as soon as possible, because it was most in- Sir J. GRAHAM said that if the Hon. and Gallant
jurious to the health of the survivors, to allow the corpse Gentleman could point out a mode in which his object
to remain in a room where seven or eight people were could be carried out, the Government would accept of
huddled together. his assistance.—Agreed to.
Sir J. GRAHAM deprecated the postponement of the On the question that clause 32 stand part of the Bill,
clause. All the grievances of which the Hon. Gentle- Mr. P. BORTH WICK suggested an amendment as
man complained would be perpetuated unless some pro- to the auditing of union accounts. (The Hon. Member
vision was made for the burial of persons who died out spoke from the Opposition bench, at the table, where
of the workhouse. As the law at present stood, no his appearance caused much laughter.)
parish was compelled to pay for the burial-of a pauper, Sir J. GRAHAM thought that a double set of au-
who died out of the workhouse. ditors was superfluous.—The clause then passed.
Colonel WOOD trusted the Hon. Member for Fins- Clauses 33 and 34 were agreed to without discussion.
bury would not insist upon postponing the clause ;he The House then resumed.
might alter it as he pleased, but he trusted it would be On Mr. GREENE asking , leave to sit again this
made law that the board of guardians of parishes should day, there were loud cries of ' No, no."
furnish coffins to paupers. Mr. DUNCOMBE complained that there had been
Sir J. GRAHAM was willing to leave out the words no notice of the House sitting on Saturday.
with respect to the pauper dying " without effects of suf- Sir J. GRAHAM said he had stated last night, that
ficient value to bury him," and by that means he thought the House wonld meet on that day.
he should put an end to all objection. Sir C. NAPIER said that sitting again to-morrow
After some further discussion, was taking too much out of them.—(Laughter.) He
Lord ASHLEY moved that the following proviso also begged to observe that he had been impertinently
should be added to the clause :—" Provided always, that shut out from the last two divisions. He was up stairs
it shall not be lawful for any officer of any parish or taking a little refreshment, and on running down when
union, or constable, to receive any money for the burial the bell was rung, he found the door shut. He did
of the body of any poor person which may be within the think some reasonable space of time should be allowed,
parish, division of parish, chapelry, or place in which for to get down into the House now was quite impossible.
the death may have occurred, or to act as undertaker, Mr. DUNCOMBE opposed the sitting on Saturday.
for personal gain or reward, in the burial of any such Captain PECHELL said the Right Hon. Baronet
body, or to receive any money from any dissecting school had gained all his points and carried all his clauses • the
or school of anatomy, or hospital. or other person or
most objectionable parts of the Bill had been passed, so
persons to whom any such body shall be delivered, or to that he thought the House might as well sit to-morrow.
derive any personal emolument whatever for or in re- Sir J. GRAHAM said, that at that late period of the
sped of the burial or disposal of any such body ; and session he must really press the House to sit to-morrow
any such officer offending as aforesaid shall be thence-
(this day) to go into Committee on the Bill, more espe-
forth incapable of holding any office under the said re- cially, when, as the Hon. and Gallant Member for
cited Act, or this Act, or under any other Act relating Brighton had observed, most of the doubtful parts of
to the relief of the poor in England." the Bill were already passed.
The motion was agreed to after a few observations An HON. MEMBER asked at what hour the Committee
from Mr. BORTIIWICK and Sir J. GRAHAM, and the was appointed for to-morrow (this day).
clause passed. Sir J. GRAHAM—One o'clock, and we shall sit until
. On clause 28 being proposed, five.
Mr. C. WOOD said, that, in his opinion, the au- Mr. WAKLEY thought it was unjust, unreasonable,
ditors ought to be elected by the Commissioners, and and almost oppressive, to sit this day. The Bill had
not by the guardians. He also thought there should been before the House many months, and had stood on
be a power vested in them, of disallowing sums of the paper on many occasions when the Government had
money levied for illegal purposes. either neglected to make a House, or had permitted the
Mr. S. WORTLEY wished to know what was the House to be counted out. The Right Hon. Gentleman
extent of the power to be vested in the Commissioners had no reason to complain of the manner in which he
under this clause, and what grounds there were for had been treated during the discussion, and it was rather
making alterations with regard to the auditors. hard to ask them to sit on Saturday, after they had sat
Mr. HAWES thought that the auditor to be ap- every other day of the week until two o'clock in the
pointed under this clause, should be a person of some morning. Many of the most important clauses, those ro-
standing where the district was large, and the accounts lating to district schools and asylums, yet remained to
extensive. By this clause the auditor was to be ap- be discussed. He hoped the Right Hon. Gentleman
pointed by the chairman, or vice-chairman of the dis • would not persevere.
trict, and two guardians. Now, he did not think this Sir J. GRAHAM said if they did not sit to-morrow
was the best mode of obtaining a proper auditor. • (this day), no progress could be made in it during the
Sir C. NAPIER said the parishes of Marylebone and next week.
St. Pancras did not wish to have their Local Acts inter- Col. SIBTHORP did not like Saturday sittings. It
fered with at all, and they wished to know from the was hard to call upon Hon. Members who really did
Right Hon. Gentleman whether this clause would inter- their duty by attending in their •places in Parliament,
fere with those Local Acts. instead of appearing in full fig, attending parties and
Captain PECHELL said that he was alarmed at the drinking champagne—(A laugh)—it was very hard
interference of this clause with Local Acts. He hoped to call upon them to give up the only day ex-
the Right Hon. Gentlemen would not allow a clause of cept the Sabbath which they had to devote to their
this grasping nature to exist in a Bill to amend the poor-
private affairs. If the House divided, lie should vote
laws. He hoped the Right Hon. Gentleman would not against sitting on Saturday ; but if the House should sit,
persist in maintaining this clause as a portion of the and the Bill get through Committee, he should like to
Bill. It could not fail to excite distrust and suspicion in know when the report was to be brought up, as he had a
those places which were under Local Acts. He objected motion on the subject.
to the auditor being appointed by the Commissioners. Mr. STUART WORTLEY, although averse to Si-
Colonel SIBTHORP would move that this clause be turday sittings, would yet, under the circumstances, vote
expunged. for sitting this day.
Sir J. GRAHAM said that objections of a very dif- Dr. BOWRING would vote for sitting on Saturday.
ferent kind had been urged against this clause. The Mr. WAKLEY said the special circumstances that
words of the clause would operate not only on those rendered this haste necessary was the approach of the
unions tinder the control of the Poor-law Commissioners, 12th of August.—(Hear, hear, and laughter.) It was
but where Local Acts existed. Some Hon. Gentlemen the same every session. There was always a delay in
complained that the clause would give too much power, the progress of business until July. At the beginning
though indirectly, to the Commissioners; while the Hon. of that month they became very bustling, and towards
Gentleman the Member for Halifax thought the Corn- the end of the month, as the Pah of August approached,
missioners should have more power with regard to the the rapidity with which they got through business was
appointment of the auditor. The Right Hon. Gentle- marvellous.
man then quoted the report of the Committee of 1838, Sir R. PEEL hoped the Hon. Gentleman would not
to show that they thought the auditor was too much discuss this measure to-morrow in a different temper to
under the control of the guardians. If he adopted either that which he had hitherto exhibited. He thought,
of the opinions which had been expressed with regard under the circumstances, it was not too much for the
to this clause, he would adopt that of the Right Hon. Government to ask that they should to-morrow resume
Gentleman the Member for Halifax, who thought that this Committee. There was a great deal of business
the auditor should be appointed by the Commissioners. yet before the House, and there was every probability
Strict principle would require they should go that that the remaining votes of supply would not be obtained
length, but they had not gone so far, and he hoped the before Monday week. If the Hon. Gentleman flattered
Committee would not reject the clause. himself that he would be enabled to get away to the
Mr. C. WOOD said that everything the Right Hon. country on his grouse shooting excursion by the 10th
Gentleman had stated showed that the power of appoint- or 12th August, he (Sir R. Peel) could only say that
ing the auditor should be vested in the Commissioners. there was not much chance of his doing so.
Leaving his appointment in the hands of the chairman The Committee was then fixed for this day.
or vice-chairman would leave things pretty much as ACTIONS FOR GAMING DISCONTINUANCE
as they were at present, for the auditor being appointed BILL.
by those persons would not be at perfect liberty to re- On the motion for the third reading of this Bill,
fuse auditing an illegal application of money. Lord PALMERSTON said he would take that oppor-
The Hon, Member concluded by moving an amendment tunity of explaining that he had put Hon. Members in
to the effect that the auditors be appointed by the Poor- possession of what had transpired in another place, and
law Commissioners, instead of by the chairman and therefore, if there was blame to be attached to any one,
vice-chairman of the board of guardians. in 'consequence of allusion having been made in that
Mr. DENISON supported the amendment. If the House to the proceedings in another place that blame
Hon. Member for Halifax would divide, he would sup- ought justly to be thrown upon him. He had certainly
port his motion. shown a copy of the evidence which was taken before a
Mr. VERNON SMITH would likewise support the Committee of the other House of Parliament to the Hon.
motion of his Hon. Friend the Member for Halifax. The Member for Weymouth, the Hon. Member for Man-
principle of the board of guardians appointing an officer Chester; and the Hon. Member for Finsbury. •
to audit the accounts, was contrary to propriety. The Mr. CHRISTIE said he had had the copy of the
officer should be made thoroughly independent of the evidence in his possession, and while reading it the
board of guardians, and of all other local influence. Noble Lord opposite had alluded to the circumstance,
Mr. J. S. WORTLEY said an auditor was in all cases and its existence of course then became public in that
appointed by those whom it was intended be should pro- House, and he (AG. Christie) was therefore justified in
tect. He could not see why the principle which operated alluding to it.
in other eases should not be allowed in this—he thought Lord A. LENNOX thought it was the duty of the
the rate-payers should have a voice in the appointment Hon. Member to make some apology for the insinua-
of the auditors. He would entertain great objections to tions which he had indulged in the other night against
conferring on the Poor-law Commissioners the power of a Noble Duke.
displacing an auditor appointed by the poor-law guar-
After a few words from Mr. CHRISTIE and Lord G.
dians, who at present did his business honestly and BENTINCIE, the Bill was read a third time.
efficiently. CHAPLAINS TO HOSPITALS (IRELAND) BILL.
Sir JAMES GRAHAM explained.
Mr. S. O'BRIEN stated that he did not intend to pro-
Sir C. NAPIER would oppose the amendment of the teed with the Chaplains to Hospitals (Ireland) Bill
Hon. Member for Halifax. during the present session.
Mr. ESCOTT would oppose both the clause and the Mr. M. J. O'CONNELL trusted the Hon. Member
amendment. would take more care in drawing up the Bill he would
Mr. RICE said the change proposed by the Right bring forward next session.
Hon. Baronet would be most offensive to the board of The Bill was then withdrawn.
guardians, and he thought it was altogether unnecessary. The Soup Allowances Bill was read a second time,
Mr. DARBY thought the present system of auditing and ordered to be committed.
parish accounts was exceedingly inefficient. There was The Protection of Purchases (Ireland Compensation)
no means of knowing whether the overseer had paid in Bill went through Committee.
all the money he had received ; but he must also say Mr. M. SUTTON obtained leave to bring in a Bill to
extend the powers of the Act for the aPpointment and
that he feared the present Bill provided no remedy for
this defect. payment of parish constables. The Hon. Member also
Mr. R. YORKE wished to know why the appoint- obtained leave to bring in a Bill to continue the Act to
ment was to rest with the chairman or vice-chairman, amend the Laws relating to Loan Societies.
and not with the guardians generally. Sir J. GRAHAM obtained leave to bring in a Bill
Sir J. GRAHAM said they did not wish to take away for the better administration of criminal justice in
the power from the guardians altogether, and they left Middlesex.
it in the hands of the chairman and vice-chairman be- Mr. HAWES wished the provisions of the Bill had,
cause they were elected by the guardians, and not of the I been extended to the other side of the water. He gave
rateepayers. his general concurrence to the measure.
Mr. BORTHWICK would rather adopt the proposi- Mr. TROTTER said the idea of a paid chairman
tion of the Hon. Member for Halifax than that of the had been always completely scouted by the Surrey
Government ; but he objected to the clause altogether, magistrates.
for he thought those who paid the money ought to have Mr. DUNCOMBE said he understood there had been
the power of appointing the person who was to audit considerable discussion among the Middlesex magistrates,
the accounts. regarding the propriety of the 'Bill. He wished to
Mr. CHILDERS did not see how it was possible for know if the solitary system were to be hereafter
the rate-payers to appoint the auditor. He thought the adopted in the county of Middlesex, according to the
correct principle was to leave the appointment in the provisions of this Bill.
hands of the Commissioners, who would be swayed by Sir J. GRAHAM said proper means would be taken
no other object than the appointment of the best person. to secure the prisoners before trial. The solitary System
Mr. WAKLEY thought that the mode devised by the would not be resorted to.
Government, for the appointment of the auditor was a Leave was then given to bring in the Bill.
most clumsy one, and would work in the worst possible , Sir J. GRAHAM said he must now ask leave to
manner. He would vote for the amendment of the Hon. bring in a Bill of considerable importance, the chief
Member for Halifax, and afterwards he would probably object of which was to define the nature and penalties of
vote against the clause altogether. If the Commis- arson, in consequence of the numerous incendiary fires
sioners were to be retained at all, they ought to be made which had recently taken place in different parts of the
as useful as possible, and they could not be made more rural districts. The Right Hon. Gentleman then moved
useful than in auditing the accounts. for leave to bring in a Bill to amend the laws relating to
Mr. PLUMPTRE thought the rate-payers would be burning farm buildings.
esslich better pleased in having the appointment' of the Leave was accordingly granted.
auditor placed in the hands of the chairman and vice- fThe other orders of the day were then disposed of,
chairman, than in the Commissioners'. . I the second reading of the Criminal Jurisdiction Bill hav-
Mr. HAWES said he would support the amendment ing been fixed for Monday next. ,
of the Hon. Member for Halifax. . The House then adjourned at a Quarter past One.
Sir THOMAS D. ACKLAND was understood to
say he would support the amendment. SPIRIT of the PUBLIC JOURNALS.
Mr. R. YORKE said be could net vote for the amend- .
ment of the Hon. Member for Halifax, because heIRON THE EVENING PAPERS OF YESTERDAY.
Was GLOBE.—The Bill for repealing the union of the two
.
opposed to granting an irresponsible power to the Com- Welsh bishoprics received its death-blow on Thursday last.
missioners, neither could he vote for the clause. He The Duke of Wellington then struck it down by a sudden
would therefore do that which was more agreeable and blow of the Royal Prerogative—a'" State trick,". which was
convenient to him, namely, to walk home...—(Laughter.) kept in reserve, as a dernier resort, to prevent the con-
After some further conversation, the Committee di- fusion and disruption which it would have caused in the
sided. when there appeared— Ministerial ranks, had it been allowed to enter the }Muse of
For the amendment . sg Commons. There the discussions would have separated
Against it ".
. 132 Gladstone from Peel—Goulburn must have supported the Bill,
Majority against the amendment .. ye vueated his seat for the University of Oxford—while the
.... 93 '
Ministerial benches would have been again in a state of
Captain PECHELL moved that Local Acts be ex-
empted from the operation of the clause. most admirable-insubordination. With the additional bitter-
Sir JAMES GRAHAM saw no rounds for suo Hh an ess which Church questions geuerally infuse into debate, the
g , APliss that were enacted on the Sugar Duties would have
exemption, and would oppose the proviso.
been repeated. Such a Bill was to be got rid of at all
Mr. WILLIAMS supported the insertion of the pro- t hazards, and by any means. The danger was imminent.
viso, and opposed the clause. It required no ordinary skill, on the part of the Ministers, to
Mr. MUNTZ said his constituents of all classes ;were extricate themselves from the difficulties of their' position.
opposed to the interference of the Poor-law Qom. The evils on either hand were obvious. On the ene side was
missioners sanctioned by this clause. He trusted the
the Church, demanding the preservation of the two sees
Government would reconsider the matter. The objet-
tions to the clause were not confined to Brighton and which were threatened with amalgamation. Lifting up their
mitred heads, and raising their episcopal voices, the Bishops
Coventry, but were, he believed, universal. , protested against the dangerous interposition of the State
Mr. DUNCOMBE thought the present clause wa. with the spiritual functionaries of the Church. Those of the
san lay peers who sided with the Bishops in their crusade against
underhand attempt to undermine local influencei It the Government, denounced, in terms more oanstic than '
would make the new poor-law more offensive and objet- courteous, the "manoeuvre" by which the Duke of Welling:
tiouable than it had been before, The sooner the Bill - ton, acting ..iu the name and. on e: behalf of the Minis'ry,

had frustrated the vote by which the Lords had de-
clared for the retention of the Welsh bishopric sacrilegiously
threatened with extinction. All this was bad enough. But
Prime Ministers possess peculiar means of softening the
wrath of Bishops. The gentle spirits which inhabit episcopal
breasts, keep not in remembrance the offences of Cabinets.
Peers themselves are placable when the acts which
they disapprove are committed by the Government of
whose general politics they approve, and which has
honours and rewards at its disposal. To strangle the
Bill in the House of Lords with the silken cord of the
Royal Prerogative, was, doubtless, a course less fraught with
danger than to allow it to enter the Commons. There it
would be the signal for renewing dissensions not yet healed ;
of reviving altercations between the Ministry and its friends
—the sounds of which have scarcely ceased to grate
upon the sensitive ears of the Premier. The
was, as we have said, and for the causes we have ex-,
plained, knocked on the head by the Duke of Wel-
lington on Thursday last. Its fate was alluded to last even-
ing by Earl Powis, its author ; who complained of the treat
ment the measure had received from the Government :—" He
believed he could say, that during the whole period the House
of Hanover was on the throne, there was no precedent to be
found for such a course as had been adopted in this case.
There was no measure that Parliament had expressed a wish
further to consider, in which the Crown had interposed its
authority to prevent that further consideration of the matter."
His Lordship, however, felt that it was vain to contend with
the power which had been brought to bear upon the measure;
and he therefore withdrew it from further notice. The Bishop
of Salisbury pronounced the funeral oration over the lifeless
corpse of the Bill, martyred by the sacrilegious hands of Minis-
ters—strangled by a " manoeuvre" for State convenience. We
dismiss the reproaches and remonstrances which the Right Rev.
Prelate addressed to the Government, for the purpose of in-
troducing, what appears to us of much more importance—the
imputed infraction of the union between the Church and the
State, which has been committed by Ministers, in their mode
of getting rid of the difficulties that embarrassed them, in
connection, with the Bill being introduced into the House of
Commons after having passed the House of Lords. We stop
not to investigate the validity of the grounds on which the
Bishop of Salisbury rests his accusations of the Government.
STANDARD.—EarI Powis last night withdrew his Bill
for the severance of the dioceses of Bangor and St. Asaph. A
debate of considerable length preceded the withdrawal of
the Bill, but the topics of this discussion related rather to the
regularity of introducing such a Bill without the appro-
bation of the Crown previously obtained, than to the merits
of the Bill itself. We think that there is some (per-
haps not useless) obscurity involving the question
really debated—the right of the Crown to set a preliminary
veto upon the introduction of any class of measures. We
know that in practice, the Crown and each of the two
Houses severally have been allowed an exclusive initiative in
particular cases—the Crown, where Crown property, or pri-
vilege, or grants to individuals may be concerned, the House
of Lords' all measures touching the peerage, and the Commons
in the matter of taxation. This, all are aware, has been the
practice of the three branches of the sovereign legislature ; but it
would be difficult to trace that practice to any distinct law. The
natural explanation appears to be, that in each of the cases,
the Crown, the House of Lords, and the House of Commons
have, upon just and prudent considerations, divested itself
of the initiative of propositions, by proposing which first it
might inconveniently compromise itself with one or both of
the other branches. This is plainly the opinion of Lord
Brougham—an excellent authority upon a question of Con-
stitutional law—for his Lordship maintains the perfect
legality of a member of either House of Parliament introduc-
ing any measure subject only to the self-imposed orders of
the House to which he belongs. According to this view,
which is, we are convinced, the just one, it is a rule esta-
blished by the House of Lords, and not the prerogative of
the Crown, which has unfavourably determined the
destiny of Lord Powis' Bill. As we have said, how-
ever, the question is obscure, and not uselessly obscure. It is
better to avoid the definition of naked rights among powers
whose cordial co-operation is necessary for their acting
with success. " Definitiones lege sunt periculosee" in
more senses than one ; for, questionless, reciprocal
concessions tend much more to harmony of ac-
tion than a. separation of powers by stern legal
barriers. Of the merits of the Bill withdrawn last night
we have little to add to what we have already said :
we could heartily wish that St. Asaph's might retain its
bishop, and that Dlanchester might have a bishop also ; but
we cannot shut our eves to the difficulty of completing this
arrangement or to the danger of opening anew the adjust-
ment of the ecclesiastical establishment so long ago ef-
fected. Lord Powis' Bill, if successful, would not be a
barren precedent, nor would the use made of it be
limited to the episcopal order. The union that it
would sever, is a part of a plan wisely, and with
the best intentions, contrived to render the resources of the
Church to the utmost extent available for the religious in-
struction of the people, with the view of being able to
call boldly upon the country to supply the deficiency
that might be found after this effort and its sacrifices
had been made, and had been made manifest. We
have a confident hope that the effect will be to
stimulate the people to go before the Legislature in de-
manding a large extension of the means of the Church's
utility and the sphere of its influence. Such, we have no
doubt, is the purpose cf Sir Robert Peel. In the dispensa-
tion of Church patronage he has done all that a minister
could do to advance the Church in the favour of the public.
The bishops of his appointment are surely men the
best calculated to reflect honour upon their sacred
office, and to render the office itself popular, even
with multitudes who have been hitherto indif-
ferent or insensible to his value. We are convinced that
even now the appointment of ten or twenty new bishops (such
bishops as Sir Robert Peel has appointed) upon newly es-
tablished bishoprics, would be gratefully welcomed by
the nation ; nor would any difficulty be made be-
cause of the augmentation of the Church influ-
ence in a House of Lords so largely increased
by lay peerages; but the temporal provision is
still to be considered, and for that the newly awakened zeal
of the public is notAyet sufficient. We have, however, no
doubt that in good time all difficulty on this head will be
made to disappear, if only the plan of the Prime Minister
shall be permitted to work without interruption. It is be •
cause the success of Lord Powis' Bill would seriously impede
the progress of that plan, that we are reconciled to the failure
of the measure.

LAW

NCE

COURT OF CHANCERY, July 12.
IN TIIE MATTER OF DYCE SOMBRE, A LUNATIC.
The reading of the further evidence in this petition occu.
pied:the Court the whole day.

VICE-CHANCELLOR'S COURT, July 12.
(Before the VICE-CHANCELLOR of ENGLA.ND.)
DEEKS V. STANHOPE.
His HoNouß gave judgment to-day in this case, overruling
the demurrers to the plaintiff's bill.
(Before Sir JAMES WIGRAM.)
JONES V. WALKER.
In this case the bill was filed to set aside a promissory note
given to secure the payment of a sum of money the loan of
which was said to be tainted with usury, and the security,
therefore, void. The bill prayed an injunction to restrain
the payee of the note from negotiating it. Application was
made ex parte for an injunction, and the motion now made
by the defendant was that the plaintiff might pay into court
the amount of money received by the note, and that one of
the plaintiff's might be restrained from proceeding with a
qui tam action on the note.
His HONOUR delivered judgment this morning, ordering
the judgment to be dissolved unless the money were paid
into court before the 12th of August.

COURT OF BANKRUPTCY, July 11.
(Before Commissioner Sir C. F. WILLIAMS.)
EXTRAORDINARY FRAUDS.—WILLIAM BROMLEY'S
BANKRUPTCY.
The bankrupt carried on business as a solicitor in Gray's
Inn, and has been frequently before the court. He this day
appeared to pass his final adjourned examination, and the
court was crowded to excess with the suffering victims of his
fraudulent breaches of trust.
The Right Honourable Dr. Lushington, and the Rev.
Archdeacon Brymer (of Bath), were present on the bench,
they having in their capacity of co-trustees with the bank-
rupt, in re Wilkinson, been defrauded of no less a sum than
29,0001.
Mr. Clarkson attended on the part of Archdeacon Brymer
and Dr. Lushington ; Mr. Humphrey for the assignees ; and
Mr. Sturgeon for the bankrupt.
The debts and liabilities amount, in round numbers, to
about 140,0001., principally through breaches of trust, and
some of them appeared to have extended as far back as 1824,
but the bankrupt still continues to state that he has large
available securities and bills of costs in various settled and
unsettled suits, but which the derangement produced by his
difficulties had hitherto prevented his making out, and,
therefore, not enabling the official assignee to value them.
Mr. CLARKSON said that he had the honour of appearing
for the Venerable Archdeacon of Bath, the Rev. Dr. Brymer,
and also for Dr. Lushington, who were now creditors for the
sum of 29,000 L, and who hadi to complain that this amount,
rather the greater portion of it, was unsecured, notwithstand-
ing the repeated assurances of the bankrupt, by letter and
otherwise, that it was not upon good security; and the in...
terest, therefore, having been paid up to the period of tLe
fiat, they were lulled into a false security. Most of the sums
composing this 29,0001. had originally been out upon 'good
security, which, however, being subsequently released, the
bankrupt had applied to his own purposes, instead of lending
it upon mortgage, as he had induced his co4rustees to be-
lieve that he had done. At the time of the death of the tes-
tator (Mr. Wilkinson) the bankrupt was indebted to that
gentleman in the sum of 9,0001., and for which he deposited
at the testator's bankers (Messrs. Childes) in a tin box, the
deeds of two estates at Kensington and Clapton as security
for that amount. This tin box, however, he had shortl3-
after obtained from the bankers by fraudulent representa-
tions, and under the promise of its being returned. This was.
never done, and the result showed that these estates were
sold by the bankrupt, and that the trustees, had no other
security than the bankrupt's bond. The Learned Counsel
here entered into a lengthened detail upon the various items
of this amount, and the mode in which the bankrupt had
dealt with them, and upon the part especially of Mr. Bel-
lenden Ker (a most respectable conveyancer), whose name
had been stated by the bankrupt to his co-trustees as having
borrowed 3,000/., whereas, in point of fact, he now held in
his hand the affidavit of Mr. Ker, denying in the most posi-
tive terms that he had ever borrowed any such sum.
Sir C. F. WiLuAms—Does the bankrupt's balance-sheet
give any intimation of these dreadful facts? The official
assignee (Mr. Turquand)—None, Sir—none.
Sir C. F. WlLLiams—,Why, then, it is a complete blank.
Mr. CLARasole--The balance-sheet gives no dates, and
upon that fact alone he could not be now permitted to pass
his last examination. The. Learned Counsel then read a
letter addressed by the bankrupt to Archdeacon Brymer,
giving an account of how the moneys were invested, the
greater part of which had turned out to be untrue. He pre-
tended to have effected mortgages with parties, including
names of the highest respectability; but instead of doing so,
he received the moneys as they were paid off, and made use
of it himself. The Learned Counsel recapitulated a long list
of names, and the particulars of mortgages said to have been
concluded.
After a few words of objection from Mr. Sturgeon as to the
intended examination of the bankrupt, who did not at pre-
sent ask for his certificate, the bankrupt was then called, when
Mr. HUMPHREY said—l appear, Sir, on the behalf of the
assignees, and bad and sorrowful as the case may be which
has been brought before your Honour's attention by my
Learned Friend Mr. Clarkson, it is only one out of twenty-
three cases which I represent, and each one of which I un-
dertake to prove to the satisfaction of every reasonable being
to be cases in which the most heartless frauds have been per-
petrated by the bankrupt, amounting in the whole to no less
a sum than 92,000/. There is one unfortunate person whom
the bankrupt has defrauded of 3,000/. so far back as the year
1824, when the money was deposited in his hands to place
out upon good security, and as the interest was regularly
paid up to the time of the fiat, the contrary was not known;
but in consequence of their being no security this-poor
lady last week received parish relief, and she is now
about retiring to the workhouse.—(Sensation.) There is
also, your Honour, a person now in Court whose mother had
been pillaged in an amount of 8,0001. in like manner, and
this lady had a few days since been obliged to sell articles of
furniture in order to pay her rent.—(Several voices, " Shock-
ing.") The assignees feel it their unavoidable duty to go
fully into these cases, which will show a degree of heartless-
ness unequalled in any case brought before a court of justice.
To the extent of 92,000/. I shall be able to prove fraud as bad,
or worse, than the case which my Learned Friend has just
stated, and the desire of the assignees is to show to the world
the extent of these terrible frauds. I have the representa-
tive, now sitting by my side, of a lady who deposited 25,000/.
in the hands of the bankrupt, to be advanced upon security',
the whole of which is lost, although a statement had been
sent by the bankrupt to her, in which the time, circumstance,
and place of the various securities in which her money had
been placed was detailed, the whole of which statement now
appears to be a fabrication from beginning to end.
The bankrupt was here sworn, and examined by Mr.
CLarixsorr—The letters referred to, and addressed to Dr.
Lushington, are in my handwriting, but before I answer fur-
ther questions, I merely wish to state, that when this unfor-
tunate occurrence took place I wrote to Mr. Lewis, offering
to give him every information that he required. Ido not
attempt to deny that I have acted improperly, but in most
instances there are circumstances of great palliation. After
having given every information, am I bound to paeceed in
answering?
The Court intimated that he was bound to answer every
question put to him by his creditors.
Examination resumed—l was acquainted with Mr. Wil-
kinson, who, I believe, died in 1827, and Archdeacon Brymer.
Dr. Lushington and myself were, co-executors under his
will. At the time of his death, I believe, there was a
mortgage of 3,500/. on the property of a person named
Clubb, which was afterwards released by tor. Lushington,
in order to release it in the name of R. G. Troughton.
Mr. CLatticson—What did you do with the 3,500/. ?—I can-
not recollect.
Was it advanced to Mr. Troughton ?—lt was not. It went
into my general fund. [Here' the bankrupt, who appeared in
a very weak state, burst into tears]:
Mr. CLARKSON—Do -you mean by that answer that you
applied it to your own purposes ?—YeS,,,_ before Dr. Lush-
ington released Clubb's. mortgage tie interest was paid into
the Bank in the name.of Cl4h,- and after. that date, and up
to the fiat; it was paid in the name of Troughton.
What was your object in keeping np, the payments of inte-
rest in the name- Of Troughton when, that gentleman had
'nothing to do with it ? The hankrupt tears)—lt ought
not to have been done.
Sir C. F. Wimaasis—You need not press for an answer to
that question, Mr. Clarkson ; the reason is almost obvious.
Mr. CLARKSON—Now, in reference to Park's mortgage of
3,0001., is the letter dated the 16th of September, in which
you state that the money is to be lent on an estate in Mid=
dlesex and Hampshire, to pay interest 4i per cent. ? The
bankrupt—lt is my writing. The money never was advanced
to him. The same course as to payment of interest was pur-
sued as in the case of Troughton.
Mr. CLARICSON—NOW, as to Fry's mortgage of 3,500/.?
The bankrupt—There was a mortgage of 3,500/. to Mr. Fry.
which was also released, and supposed by Dr. Brymer to have
been secured upon another estate in the same name. I paid
the interest up to- the time of the fiat, but it was never
transferred, to any estate in Hampshire, or anywhere else.
The money has gone into my general funds, but not for my
necessaries. I have no doubt but that at the time there was
some contemplated security, though I admit it was never
completed.
Mr. CLamtsow—Was there any title approved of by Mr.
H. B Ker, as you stated in your letter to Dr. Lushington ?
I have no doubt but there was, but it is so long since that I
cannot say. I never told the trustees that the transfer was
not completed.
The bankrupt was next examined with reference to the
transfer of a mortgage of 4,000/. 'to a Mr. J. P. Burnard,
when it appeared that the transfer of that particular sum
had never been made, although Burnard (as stated by the
.'pankrupt) was then indebted to him in a larger sum. This
item had gone in the same manner (1. e., been made away
with) as all the others, although he had paid interest into
the bank in Burnard's name. In respect of the bankrupt's
obtaining -the tin box from Messrs. Childes, he stated that
Mr. Wilkinson had allowed him the use of the 9,000/., and
that he had deposited the deeds of his Kensington and
Clapton estates with them as security. The box was after-
wards obtained from them by letter from me, and I never
returned it. I believe I did not ask the executors for leave
to remove it. (In much agitation)—l can say no more.
Mr. CLAnicsos—Have these gentlemen any security for
the sums of 17,000/. and 9,000/. ?—None whatever.
By
Mr. HUMPHREY—I was concerned for Mrs. Blair, who
died in 1841.
Were there any securities given for her money ?—There
were securities in nearly every instance.
Was there ever such va
deed as Fry's in existence for 2,3001.,
and that it was ever executed ?—I believe there was, but 1
do not recollect. Fry was a timber merchant, and now lives
at St. John's-wood. His name is William Fry. I will not
swear I had securities for that money, but by a reference to
certain papers I should be able to explain all this. The
greater portion of Mrs. Blair's 6,0001. was paid off. .
Did you not appropriate it to your own use ?—lt went
into my own accounts.
That is, you misappropriated it, as you did all the other
moneys ?—Yes, it was so.
Did you not represent to Mrs. Blair that all this money
was advanced to Mrs. Seabrook 2—lt was so stated, I be-
lieve, and 4,500/. was, I admit, out of that money, appro-
priated to my own use. I was concerned for a person of the
name of Trott, in which a sum of 3,250/. was absorbed, and
in consequence of which one of the co-legatees was now' com-
pelled to seek shelter in a union workhouse.
Mr. Hustrunev—The representatives of Captain Blair lost
upwards of 15,7581., and on the part of all the other sufferers,
it would be unnecessary for him to repeat a tale of such gross
and fraudulent circumstances.
Sir C. F. Wfulams—This is not an every day case, and
the bankrupt should have time to explain.
Mr. HUMPHREY—We have no objection to delay in favour
of the bankrupt, and we shall furnish him with a list of all
the cases which we charge against him to have been of it
most fraudulent character.
Mr. STURGEON—The case, Sir, is very complicated—
Sir C. F. WlLLLots—Why, Sir, it is one, unfortunately, of
the clearest cases of fraud that ever came before the Court.
Mr. HUMPHREY suggested an adjournment of the case to
Monday next.
A long conversation here took place, in the course of which
The bankrupt said, he was ready to give his creditors
every information. He had never denied his unfortunate
situation—he knew he could not ; all he could do was to
throw himself on the kind consideration of those whom he
had injured,

It was eventually agreed by all parties that a short ad-
journment should take place to hear anything the bankrupt
might wish to say in palliation or explanation, and subse-
quently receive the judgment of the Court on his last exa-
mination.

POLICE INTELLIGENCE.--
(YESTERDAY. )
MANSION-HOUSE.
A boy named George Hayward, who has been some
time pretending to be deaf and dumb, and by means of
those begging accomplishments levying contributions on
the public, was brought before the Lord Mayor, charged
with having stolen a milk ewer, in Charlotte's coffee-
house, Bucklersbury.
The prisoner, it appeared, went into the house and
signified to the waiter that he wanted assistance. A
boy in the service of Mr. Pontin, the proprietor, observed
him slip a milk ewer under his coat, and quit the pre-
mises, and immediately followed him and caused him to
be taken into custody.
The prisoner said he had been obliged to resort to the
way of supporting himselt described, by sheer necessity,
and that he could not resist the temptation to take the
property as it lay so conveniently at his hand.
The LORD MAYOR—You have been in prison before?
The prisoner—yes, my Lord, I know where it is well.
The LORD MAYon—Have you not been whipped ?
The prisoner—Aye, right well whipped, please your
Lordship.
The policeman' in whose custody the prisoner was in-
troduced to the Lord Mayor, said the boy, while ex-
citing compassion for his apparent defects, was in the
habit of cribbing anything that fell in his way, and ex-
ercised a great deal of ingenuity in the pursuit.
The prisoner—Upon my honour I have been driven
to this by want. The fact is, I did not know where to
get a meal.
The LORD MAYOR—YOU say.you have been whipped
and imprisoned? The prisoner—Certainly I have, your
Lordship.
The LORD MAYOR—I find that you are of the worst
sort, and I am assured that you are incorrigible.
The prisoner—I shall not do this any more if you let
me go but this once, my Lord. I do assure you, upon
my honour, I'll turn honest.—(A laugh.)
The LORD MAYOR—I shall not trust you. You shall
go to prison for three months, and be whipped once a
week, so that you shall retain a sharp recollection of
being brought before me.
The prisoner began to roar when he heard the Lord
Mayor talk of whipping, and declared that, if his Lord-
ship would only pardon him that. one offence, he would
never attempt to play deaf and dumb again,, but talk
like other boys, and get his bread honestly.
He was then committed to prison, with hard labour, for
the space of three months ; and while he remained in
the cage, he gave to the whole house good reason to be-
lieve that he had effectually 'recovered the use of the
organ of speech.
A man,- named Samuels, was charged with having
called a porson, with whom he had had some dealings, a
thief and a swindler. and with .having accused him of
having made false entries in his master's books.
The defendant admitted that he had heard the com-
plainant was no better than a thief, and that •he had
made false returns for the purpose of benefiting himself.
The LORD MAYOR—Have you convicted the .COlil-
plaint of theft, or any of the offences with .which you
have charged him ? Defendant—No ; but I can prove
the truth of all I have said.
Tbe LORD MAYOR—Have you ever punished hinr?
Defendant—No ; but he deserves to be punished.
The Loan MAYOR—If you believe him to be guilty of
such offences, you must show his guilt in the proper way
in a court of justice. You must not use such language.
I hold you to bail to keep the peace towards him for
three calendar months.
CLEI?KENWELL. •
Henry Hutchins, an ivory turner, residing in Ray-
street, Clerkenwell, was charged with bigamy. • •
Three women, who, it was alleged, were his wives,
were present, but it turned out that he had been mar-
ried only to two. The females seemed to regard one an-
other with the keenest feelings. of jealousy and 'the pri7
soner with the bitterest dislike. .
Mr. COMBE said it would be -desirable to prove .the
second marriage in the first instance.
The second wife, Euphemia Mitchell, a black-eyed,=
gipsey-looking damsel, aged 23, deposed that she had
been married to the prisoner on the Ist of August, 1842,
in St. Dunstan's Church Stepney. The witness pro-
duced the certificate of the first marriage.
Mr. COMBE—He represented himself as a bachelor,
did he ? Second wife—Oh, no ; he told me he was a
married man.
Mr. COMBE—Then why did you marry him? _
First wife—Yes, that is the question.
Second wife—l married him because he was sepe-
rated from his first, who, he said, would never trouble
him.

The solicitor for the prisoner cross-examined her as to
the reason of the, prisoner deserting her ; but she said
she ran away from him because he treated her in so
brutal a manner.'
Prisoner7—That is a lie. Second wife—lt ii the truth.
You know you half starved me.
The person represented as the third wife here stood
forward, and was the .very picture of, famine. She said
nothing, but her appearance spoke .volumes.
The second wife added that she left the prisoner two
months ago, in' consequence of his wicked conduct ; and
she had no sooner left him, than he took up with,the
third woman, with whom he has since cohabited.
The first wife, Hannah Hutchins, was then examined,
She said that she was married to the prisoner on the
26th ofJune, 1831, in the Church of St. Mary's, Isling-
ton. They had five children, and lived, for many years
after their marriage, in destitution. Four of their chil-
dren died ; one only survived, who was eleven years old,
and who lived with the prisoner. He deserted her about
four years ago, after treating her with cruelty. She
gave the prisoner into custody at twelve o'clock on the
previous night in the hOuse of his wife or paramour.
Mr. COMBE-Why did you give him into custody ? First
wife—Because he is continually persecuting me. When-
ever I get a little work to do he goes to the place, and
speaks so vilely of me to my employers, that I am dis-
charged at once.
Prisoner—You are a disgrace to your sex. . •
The woman produced the certificate of the first mar-
riage, and admitted, on ber cross-examination, that she
was cohabiting with another, man, in Chapel-street,
Islington, who treated her kindly, and the prisoner
forced their only child upon her continually, but
she was unable to support him. She wished to be pro-
tected from the prisoner's violence. ,

Prisoner (excitedly)--You are a vile, spiteful,
wretched woman.
Police-constable, Tate, 136 G, proved the prisoner's
arrest, .who. was , remanded for further evidence of
formal nature, Mr. COMBE intimating that he would
send him for trial.
The three women then left the Court, seemingly re-
joiced at the prisoner's incarceration.
MARLBOROUGH-STREET.
Jane Poachers, a good-looking young woman, without
bonnet or shawl, was charged with attempting to commit
suicide.
Police-constable John Jones, No. 59 of the B division,
stated that about half-past ten o'clock yesterday morning, as
he was on duty at Hyde Park-cdrner, the housekeeper of
Col. Wyndham, of No. 4, Grosvenor place, called out' o him
from one of the upper windows that a female was about to
throw herself into the reservoir in the Green Park, imme•
diately in the rear of the triumphal arch. The place is sur-
rounded by shrubberies, and to get to it a person must climb
over three rows of iron spiked railings, five feet high.
Witness hastened to the spot as quickly as he pos-
sibly could, and saw the girl standing on the brink
of - the reservoir, and. from, her manner it was evident
she was about to throw herself in. He rushed forward and
caught her by the arm as she made the plunge into the water.
Being a very powerful man, he succeeded in keeping his hold
of her, notwithstanding she struggled violently to free herself,
and bit him severely in the hand, declaring repeatedly that
her intention was to drown herself, and that nothing should
prevent her. With the assistance of one of the park-keepers
he got her out, and conveyed her to Vine-street station-house.
Had she fallen into the reservoir her death would have been
inevitable, as the reservoir is 60 feet deep. It is constructed
to afford a supply to the ornamental waters in the gardens of
Buckingham Palace.
Mr. HARDVFICK asked why the prisoner was not brought
Up yesterday?-Inspector Baker of the C division said, that
when brought to the station-house it was Supposed from her
manner that she was under the influence of liquor, but this
morning her conduet was unchanged, and he had no doubt
that her mind was affected.
The constable, who took her into custody, said he had been
informed that she was the daughter of one of the most opu-
lent traders in Yorkshire, but had been seduced from her
home at a very early age. Latterly he had known her as
living in the neighbourhood of Knightsbridge. •
Mr. HAnDwrcit humanely ordered that for the present she
should be taken into the infirmary of St. Martin's parish, and
that the state of her mind should be examined.

MARKET .NEWS.-(YESTERDAY.]
_ - CORN EXCHANGE. • •

Since Monday last, the arrivals of English Wheat fresh up
to our market have been only moderate. The samples left
over from that day having been mostly'disposed of, the show
was by no means large. The demand, however, for all de-
scriptions, was in a very sluggish' state,• and previa. rates
were barely supported. In foreign Wheats next to nothing
was doing, although the holders were disposed to take less
money. Barley, was very heavy in sale, and the turn loWer.
Malt might have been purchased at a further decline' of from
Is to 2s per quarter. Oat', Beans, Peas, and Flour, were a
mere drug, and somewhat cheaper.
ARRIVALS.
Wheat. Barley. Oats,
English 4,430 qrs. 220 qrs. 3.260 qrs.
- 22,010 •
6,15) 6,560 6,970
alt. 5,Si;O qrs.

Flotir

Isaac

svrzwirizai,D.
• The supply of Beasts was only limited, and, comparatively
speaking, of very inferior quality, while the Beef trade-was
exceedingly heavy, at barely the late depression in the quo-
tations. We had on offer 140 Scots from Aberdeen, and 15
Oxen and Cows from Rotterdam—the latter being,in very
poor condition. The numbers of Sheep were small, owing to
which the Mutton trade was active, at fully Monday's prices.
With Lambs we were abundantly supplied, while the sale for
them was in a very sluggish state, at barely stationary
figures. Calves were in full average supply and heavy de-
mand. The primest qualities of Veal were quite as dear;
but other kinds declined in value quite 2d per 81b. In Pigs
next to nothing was done. Milch Cows sold at from 161 to
19110 s each.

a. d. to a. A.
Second qualltyallttio a 0 - s 4
Coarsq-woolll4l ditto 3 6 3 8
souttidoah Wethers 310 4 0
Ditto out of the ;wool
Large Hoes 3 0 IS 6
Small Porkers.- 3 8 4 0
Quart er old Piga,"eZ; 13 A 20 0
Lambs 4 0 /I 0
' MARKET.

. Per Sibs. to sink the offal.
s d. to m. d.
Inferior Beasts ..... 2 4 2 0
Second quality ditto 2 3 210
Prime large Oxen 3 0 3 4,
Prime Scots, &c.
Large coarse Calves 3 2- 310
Prime small ditto... '4 0 4 4
Stickling Calves, each 18 0 34 1,
Inferior Sheep
SUPPLY Al
Beasts. I Sheep.
gm 10,010
31113 NV GATE AND
We had a very heavy genera
barely supported.
At per stone,
a. d. to s. d.
Beef,
- middling ..... 2 4 2 6
- prime large , 2 8 3 0
- prime small 3 2 3 4
Veal ..... 3 0 4 21
_Lsoab,l4s

I Cal rei. 1 Pigs.
451. 320
1.EADEN11.11.7.7..

demand here, and prices were

the Carcase.

0., A. to d.
Mutton, inferior ...... 2 4 2 6

middling 2 8 3 0
Prime 3 2 3 8
Pork, large—. ..... 2 6 3 6
small 3 8 4
Od ib_te Od.