The Sun.
London, England, 1844-02-27 00:00:00

SPIRIT of the PUBLIC JOURNALS.
PROM TIM EVENING PAPERS OF YESTERDAY.
GLOBE.—ffir Robert Peel has just made another
stand, and it is a stand. by which he will one day fail,
for he stands now upon the Irish Church. Of the sin-
cerity with. which he does so we make no doubt, nor
' have we any fault to find with his motives. It
is quite true, as he says hiniself, though in
rather .1:lion :words, that he cannot afford to
change again.. He has already, by one con •
cession, lost )xford, his early pride—he will not
forfeit Tainwrwth, his remaining boast : and as Tam-
worth is to Oxford, so will be the character for con-
sistency which ho may still hope to gain, to that which
he once posse used.. After all, as a matter of personal
feeling, he is right to make the most of his oppor-
tunities, suck us they are ; and hence it is that he will
stick to the last to his Irish ChurCh, that -" dear ruin"
which he has helped to make, and as he tells us
also at the same time, to his English Chancellor
—another striking proof of the desperate fidelity with
which he will henceforward adhere both to • his mea-
sures and his men. His constancy, too, in the last
instance, is brought, out in bold relief by contrast
with the very opposite conduct of the Whigs towards
one of their ernancellors—poor Lord Plunket. We
would not willingly speak hardly of him, but the un-
friendly-praise of Sir -R. Peel compels its to say, thitt
with all his talent,' even before his incapacity became so
notorious, he was the worst Chancellor that either
Ireland or England had seen since the days of Lord
Erskine.. We speak not as partisans, or we would not
have cited-the latter name. Lord Plunket, however,
had, in an eminent degree,, that merit which Sir
Robert Peel appreciates the most in a judge; and if he
read the debate of Friday night, how much he must
have regretted that he was not born either a Tory or
a Seotchman ? Even as it is, we wonder that Sir R.
Peel; did not, in his own peculiar way,' show his sense
of merit in an. opponent by offering to make: him
either a, 'Master in Chancery or a pro-Vice,Chan-
sailor, as he did offer to that really eminent judge,
and most judicious, though unobtrusive, politician,
Lord Cottenlaitin—who had, we thought; done his
duty in • his_ own Sphere, both too .modestly and
too well to have been singled out, as he was
Iry a political adversary, as an object of that
which we will make bold to call the most un-
paralleled instance on record of . official im-
pertinence. But to return to the Irish Church,
which, like the late Irish Chancellor, will take no
hints, and will not retire even upon a pension, except
upon eompulfficin it scents certainly to be a little
less near to its end than we had thought it to be
before the late debate; for it is now proclaimed, in
the hearing of all men, that Sir Robert Peel will not
give it up, that Sir James Graham will not betray
it, and more. than this, that Lord John RusSell
will not attack. it in right earnest. As the
leader of a party which . may .perhaps not _very
long. be: 'in opposition; Lord John. Russell may be
right in forbearing to connect himself to measures
-which, as the head of a new Government, he might
not he able to carry out ; but we who are not re-
strained by ,any such considerations, and who claim
the rightefsaying.what we think, both in season and
out -of season, do not hesitate to say that the time is
come, .and is not gone by, as some people sup-
pose, for giving up the
.Protestant Establishment
in Ireland,. that is,--for taking from it, at once,
with the reserve , only of existing life interests,
so much of its property as exceeds the proportion
which the number of its members bears to the po-
pulation of 'lreland. This,. or something like this,
will . be, at some time or other, the inevitable
end., This has been,... at all times since the in-.
vasion of the Irish Protestant Church, the only
just course ; and never, we think, have the rea-
sons for doing it once been so urgent and impe-
rious fie they are noW. We do not
.say that this:
of itself would do much for Ireland ;' but it is the
only thing that will give us a chance of doing any-
thing, as it affords the only means. of acting upon the
people by ensuring the' co-operation of their leaders
and advisers. We speak not of ,their chief movers
at present, but of their natural and habitual
leaders and advisers—the Catholic gentry and clergy.
The difficulty of carrying such a measure through
Parliament is, we apprehend, very
.much overrated.
Who woig have thought, three months before the
introduetion 'of the Catholic Relief Bill, that it would
have passed. the House of Lords by'a 'majority of more
than a hundred ? Arid so we think it- would turn out
now, if the-question were well- brought home to them,
that the English people are too sensible and too justto
care so lunch ihout theirish Chiireh as thoSe whoolaim
to represent the religion of the.country would have us
believe. They require hut a little time and a little
pressing to remove their Scruples ; and if Mr. Cobden
could, in the course of his travels, occasionally spare
a bye-day to enlighten them, as to the real = state
of the case, the butiness would soon :be- done. At
any rate, we -believe that it is in the power '
of
Lord John Russell and those who act With him, to do
it ; and whatever deference we may feel for the feel-
ings which bid them refrain from doing all that they
might do, we do not hesitate to say that if the Irish
Church exists in all its solitude of ascendancy five
years hence, it wilt owe it, though it may not choose
to own it, to the forbearance of Lord John Russell
and his friendS
•
STANDARD.—The • Morning Chronicle affects
to admire the tone of Sir Robert Peel's speech. We
admire it Unaffectedly.. We think that the
Premier took his line of argtiment upon the
Church., question in the Very best. taste, and with
the sclundest judgment, and indeed sound judg-
ment rarely differs froth good taste. Our Con-
temporary.. however, while admitting and adMiring
the Right Honourable . Baronet's' premises,quar-
rels with his conclusion L-namely, that .the esta-
blished. Ilnito:Church must be supported without
deterioration and without a - This is some-
what repugnant to logical rule; granting. the pre,
raises, the, conclusion' legitimately drawn NM'
these , prernises is usually taken as granted , also.
But' .eve*here the' Morning ,Chronicle has
bewildered itself, it. puts Sir R. Peel's reference to
the creed of Roman Catholics generally, for—the
creed it is not, but—the abject subjection of the:
political Roman Catholics, for which Sir 11. W. Bar-
ron,, Mr, .I.lorW. O'Ferrall, and Mr. Sheil spoke ;
the latter are however, as regards Roman Catholics
generally, but a minority, and as regards intelligent
Roman Catholics, • a truly " miserable minority."
In the - Premier's reference to the-addresses of the
Operative Protestants, he (I'd not condemn men for
the expression 'of their opinions, but he complained,
and with. reason, of their inadvertently taking a
course Which height seem to commit the' Executive
to these opinions, or compel them reluctantly to
treat those taking that course with leas kindness and
respect than they really entertained for them. Was
there any desertion of Protestants in this ?

LAW- INTELLIGENCE.
HOUSE OF LORDS, Feb. 26.
The House sat to-day to hear appeals. The Peers
present were the Lord Chancellor, Lord Brougham,
Lord Cottenhsm, and Loid Campbell.

SANPIFOED V. XORKIS:
The argqinints in this part heard appeal were resumed
and concluded to-day. The question in the case related
to the law of real property.
Their LoRDSEWS postponed their judgment.

VICE-CHANCELLOR'S COURT, Feb.'26.
(Before the VICE-CHANCELLOR of ENGLAND.)
The Honour took motions to-day, and was occupied the
greater portion-of the morning with one relative to an
article of dress called antigropelos, or roud-boots. The
matter has been several times before the Court, and it
is unnecessary further to advert to it.

COURT OP' QUEEN'S BENCH, Feb. 26.
(Sittings at Guildhall, before ,Lord Thomas and a Special
Ju*r.)
THE CUSTOII-HOUSE FRAUDS.
TMIC twaax, ON THE PROSECUTION OF' THE COMMISSIONIERS
OP CUSTOMS, V. PETER WILLIAMS, CHARLES MOTTIZAM, AIM
.761 I; RORSLET„
This was an indictment arising out of the late frauds upon
the Crown through the Custom-house revenues, to the extent
of about half a million of money, with the history of which,
almost in minute detail, the public are already familiarly
acquainted. The bill of indictment was found at the last
June sessions of the Central Criminal Court, and removed
by certkrari at the instance of the Commissioners of Cus-
toms.

The Attorney-General, the Solicitor-General, Mr. Thesiger
(Qtlieles Counsel), and Mr. POHock, were for the prosecu-
tion ; Mr. Cockburn (Queen's Counsel), and Mr. Clarkson ap-
pcsared for the defendant Mottram.
The brief summary of the case is, that the defendants were
carrying on business- in partnership in the way of French
goods and the like, and in the month of September,
1840, by conspiracy, &c., carried through the Custom-
house, goods to the amount of 5801. or thereabouts, pay-
ing only 40!., instead of 88!., thereby defrauding the revenue
of !the difference. The defendant Williams had pleaded
gtulty, Horsley had not been taken or appeared at all, and
Mottram said that he knew nothing about it. Mottram had
been a linendrapor in an extensive way of business in
_Lamb's Conduit-street, and in Janvary, 1840, relinquished
that business, and went into partnership with the other de-
fendants in Wood-street, Cheapside, as Manchester and silk
warehousemen and importers of " foreign fancy goods."
They became bankrupt, and there was a fiat, which produced
a mat sensation, and the examination of Mottram was ad-
iQurned for three years. One Burnby, living then in Eus-
ton-square, of whom all the world has heard so much, and
who by his multifold and various devices in almost every
species- of: fraud ' had . almost- made fiction upon such
matters uninteresting-, tempted the firm, and all.would have
fallen but that the first attempt resulted in an abortion, as
the only mode of avoidance of manifest detection. Fraud
succeeded, however, time after time afterwards, but Mot-
tram, who alone now at the trial attempted a defence,
averred that he had no knowledge of or connexion with
anything but the abortion, which would not support the
indictment. About all that supervened he was wholly limo-
cent and unconscious. In fact, he was- so, shocked at the
first attempt, or the failure of it, that though a partner in
the house, he neyer, as his counsel from instruction stated,
had the faintest knowledge of, or idea about, any of the
future transactions connected with the revenue duties. The
man Burnby, however, who appeared to have been dismissed
from the service of the Crown for sundry enormities, but
subsequently retained by the Crown at 15s. a day to de-
tect and prove the,guilt of others, gave a very different ac-
count from that set up by Mr. Mottram, and quite proved
the sagacity of the counsel of setting a thief to catch a thief.
Mr. Cockburn freely called him " a perjured villain, covered
is his scoundrel infamy, who had bad the baretlicad efrou-

Itery to come into the Court and tell the jury that he was
kept by the Commissioners of Customs—fed by them on 15s.
a day—and retained like a wild beast, ready to pounce upon
any victim determined upon as being, in their ca rice, to be
; devoured."

Lord DENMA-N summed up the case, commenting with
some calm severity upon the bearing of the evidence in
proof of the guilty participation • f the defendant Mottram,
though with deepest indignation at the conduct of the man
Burnby, whose evidence had been necessary to make out
the case.

The jury retired for about two hours, and returned with a
verdict of Guilty generally.
Sentence stood deferred without observation.

PREROGATIVE COURT.
(Before Ski". JI3lll4lElt PM.)
00VENTRY V. WILLIAMS AND OTHERS.

In this case three codicils have been propounded, in a com-
mon codicil to the will of the late Lord_Coventry, the yali-
dity of which was opposed on severaL grounds. The will
and other codicils have been already proved by the executors
named in it. At one period his Lordship suffered under in-
sanity, but the testamentary papers already proved were
made previously. The first codicil brought to the notice of
the Court was dated the 17th of September, 1836, but was
torn up by his Lordship while in a state of insanity. After
hearing Drs. Addzims and Curteis in support of the paper so
torn (the fragments of which were picked up by the keeper),
and the Queen's-Advocate contra, the Court had no doubt
that it was entitled to probate, and directed accordingly.
The next paper discussed is couched in the following
terms

" Severn Bank, Worcester, Nov. 18, 1840.
" In consequence of a late introduction to Mrs. Chase, and
finding her talents and virtues were unrepaid, either by
her profession (to which she is!an ornament) or by her hus-
band, who since that acquaintance has turned out a great
villain, having been proved to be already married at Port-
slade, near Brighton, to a Miss Everall, I have determined
to offer, as a tribute to her talents and virtues the follow-
ing small pittance, that poverty may never overtake her.
I shall immediately order .Mr. Morland, who has made my
will, to make the following codicil to it :—That whereas
in consideration of my sincere affection for Fanny Maria
Brunton's irreproachable character, and her other virtues,
she shall enjoy from me the small but welcome allowances of
501. per annum, to be paid by Messrs. Coutts and go.,
bankers, Strand, half-yearly, quarterly, or annually, as- the
said Fanny Maria Brunton shall will it, and after her death
(which I cannot contemplate without -feelings of, the deepest
regret) to her son, now born, Thomas Chase, but illegitimate
(since the horrid previous marriage has been proved).
Given under my hand and seal this 18th day of November,
in the year of our Lord, 1840.

(L.S) COVENTRY.
" Witnesses—THOMAS MARCHANT.
RICHARD CHAMBERS, M.D."
The codicil was enclosed in an envelope, endorsed, " To
Miss Fanny Maria Brunton—Coventry."
The QUEER'S ADVOCATE and Dr. PUILLIMORE, jun., op-
Eosed the paper as not being a codicil to the will of the late
arl, but merely as a security that the testator would regu-
larly expute a paper in her favour.
Dr. ABDAME submitted that the paper had been propounded
as a codicil, and it was rather too late now to raise the objec-
tion made on the other side. The paper was regularly eice-
cuted and delivered to the lady, who placed it in her bosom.
There could be nodonbt but that the deceased was of sound
mind at the period it was executed, though there was no
question he subsequently became deranged, and continued so
till his death- As to the execution of the paper by the late
Earl, that was most fully established, The cases cited on
ihe other side did not bear on the points now raised as
against the validity of the paper under discussion. The re-
quirements of the new Will Act had been complied with, and
the Caurt must pronounce for it as a provisional codicil, in-
tended by the testator to operate in the absence of any more
formal instrument, as it would be hard indeed to deprive the
lady of her annuity.
The COURT said it must consider if this paper was a codicil
or not. It was an important question. The other papers
were entitled to probate, the costs as to them to be paid out
of the estate.