The Sun.
London, England, 1844-05-31 00:00:00

a vene
practitioner of the Edclesiastical Courts named Burnarabyble'
The salary proposed originally, by Dr. Nicholl (in his Bill).
as the • annual remuneration for the duties of this sinecure,
Was 1,2001. We now find the sum of WV. suggested, as a
sufficient salary: Thus the aged. Dr..Burnabris to do the
work hitherto perforrned by his very-much-junior brother
Nichol!, at 700/. a year less than was modestly proposed by
•Dr. Nicholl for himself r The public are so :far-advantaged.
. The substitution of 5001. fot 1,200/. per annum causes a re-
duction, in favour of the public, equal to 7001. yearly. • As
the office is one that involves no work, the holder has no
right to complain. The change, howeVer,-suggts a ues-
tion which, we think, Dr. Nicholl should bo calleeed upoqn to
arisiVer viz.-7,1f Dr. Burnaby be 'doornail quite as capable
as Dr: Nicholl of doing nothing, why is the difference now
made' in the contemplated remuneration of a Vicar-
General ? Was the difference—viz, . per annum—to
• be a " consideration" to Dr. Nicholl for his- Parliamentary
support'? arid is Dr. Nicholl willing to advocate 5001. a
year as the salary to a man in every respect his superior,
when he (Dr. Nicholl)_ considered 1,200/. a•year the proper
re*ard for his own services in the very same post ? Dr.
Bal7likAk will scarcely apply to him the words of Horace:—
. " Liberura Inunivit iter, daturus
• Plura relictis." -
We will at present add no more on this subject than the
expression it our:best wishes for Dr. Burnaby's good health ;
and that, neither by his death nor " resignation, ' the °Mee of
Vicar-General may be re-opened to the acceptance of its late
holder: And so much for the first of the two points to which we
have adverted. We have materially damaged the scheme ofj
Ling contemplated by the authors of the Ecclesiastical Courts
Reform Bill ; we may, pogisibly, even at this stage of the
awaits" shame the sensitive Premier into a consent
to
modify some of the more prominent objections involved in
the construction of the second point, to -which we have
referred. In many •of the country towns there is found
a species of the genus lawyer, which certainly cannot
be likened to the animal which its exhibitor described
as " a hanimal wet couldn't live in the water, and died
on the land;" inasmuch as the members of this tribe contrive
to live everywhere ;in everything; and on everything : they are omnivorous and übiquitous. In fine, they are both proc-
tors and attorneys; or, like the Centaurs of old, two distinct
species in one undivided body. Has a case of assault oc-
curred ? They are ready to conduct the cause at common law.
ITas a lady called another by a naughty name? They are
equally ready to follow up the offender in a suit-for defazna-
tion in the Ecclesiastical Court. In fact, whatever be the
subject of litigation, whether horse causes, assaults, defama-
tion, slander, breach of promise, divorce, murder, larceny, sub-
traction of tithes, chorchfrates, lay-baptism, or what not; in
,each and all of these,, half-and-half kind of practitioner
is at all' hid ; and to:fight the battles
.0111 N elielirs.if Clianmyk.cptunicoi4aw, criniinal-law, ecele,
it-the sessions, or before the poor-law gdar7
deans--in fact, anYwhereorhere•law in any shape-whatever
obtains.,--Jack-of-all-trades, and very frequently master of
pone ! The grand feAtnrc of these gentlemen is, however, their
active agency,. at 'Mr] ianientary elections—most efficient when
trOrking, like the mPle, under ground. This pertains to the
second principal Objection we have urged against this Bill:
By Sir R. Peel's iichesipe to, or consent to modify this part of
--the measure, the public will be prepared to test the sincerity of
his soleinn asSeyeration,--" So help me God, I have no interest
in this 'measure !" The. Bill, if it pass in its present shape, is
so Craned as to throw a very great increase of business, and,
.consequently of, profit,. into, the hands of the 'Centaurs
of the, legal . profession in country towns. To ad-,
"vantage these, : and these only; the public is ,to
be ,d;ivett out of the, old arid accustomed course, which
'ha..4- always been open to them, of having recourse 'for
probates of wills, &c., to the fnuutain-head at once, if they
shonld 'think fit so to do. By this Bill .they trill, ?zoleqtes
avientes, be forced to go with the wills of their de---
funct friends to some outlandish country EcclesiaStical Court,
without the choice being permitted to them ofapplying direct
to the Central Court at. Doctors': Commons. And why 7
Simply because Sir Robert Peel wishes to 'conciliate the
country proctor-attorneys, and thus buy off their threatened resistance to othmparts piths Bill. These are the two
points on which we have principally rested our opposition to
this production of .combined wisdom and virtue, by a Cabi-
net, which, as the Times says, " is compii4ed of a snug party.
of independent gentlemen, with a good deal of leisure time on
their hands."

_ impedimen. Jis speech;
which prevents him from speaking for some moments,
entered, into a rambling and incoherent statement, which
had little or nothing to do with the offence with which
he was charged. • •
:.He was fined 5/. for each offence, or, in default, to be
committed for two months.
Samuel. Digby, who was charged on Monday with
indecently assaulting a little girl, between seven and
eight years of age, was brought before Mr. Bond,
yesterday, having been remanded until that day, when
he was fined 0/., and in default of payment he was com-
mitted for two months to the House of Correction.

_ ---
SENTENCE of the COURT-MARTIAL
ON SERGEANT,MAJOR W. NELAME.
On Wednesday the Court re-assembled at Chatham Bar-
racks, when the following charges and sentence upon Ser..
geant-Major William Nelame were promulgated, who had
demanded an inquiry, in consequence of certain allegations
having been made against him by Major L. C. N. Meyer,
Superintendent of the Cavalry Riding Establishment at
'Maidstone :
Chaige 1. For conduct to the prejudice of good order and
military discipline, in having, at Maidstone, 'on. the 26th
of
March, 1844, offered to Major Meyer, -the Riding-Master of
the Cavalry Repot at Maidstone, some bank-notes, saying, at.
the same time, I have brought you a present, or words to
that effect; and when ordered by the said Major Meyer to
remove such bank-notes, begging the said Major Meyer to
accept them, he, the said Sergeant-Major Nelanie being at
the same time under the instructions of the said Major Meyer,
with a view to qualify himself for the appointment of Ridiug-
Master. to the 12th Lancers, and intending such sum of money
as a'bribe to the said Major Meyer,' to report favourablY of
his qualifications.—Guilty.
As additional charge preferred against the prisoner for
having at Maidstone, in a letter addressed and sent by him,
the said Sergeant-Major Nelame, to the Most Noble Field-
Marshal Arthur, Duke of Wellington, Commander-in-Chief
of her Majesty's Forces, bearing date the 2d day of April,
made false and malicious assertions, with intent to injure and
defame, and to give his Grace the Commander-in-Chief false
impressions of the conduct of the said Major Meyer, in the
following instances—to Wit :--
Ist Instance—ln asserting, 'en the 7th of December lest,
" I got a ride to drill, Colonel Middleton and Major Meyer
being present. After drilling the ride, I was mounted on a
horse, and rode two or three times round the school. When
I was dismounted, Major Meyer told me my drilling was
,good, but my riding was bad." Whereas, in truth and in
fact, the said Major Meyer did not, on, "the occasion referred
to in the said letter, tell the, said Sergeant-Major Nelatne
that his drilling, was good.—Guilty.
6th Instance--In asserting that, when all these means
(thereby meaning the alleged means mentioned in preceding
instances) fail, he (thereby meaning the said Major) makes
a report to Camel Middleton that " gave him a sum: of
money for the purpose of getting him to make a favourable
report of me to the Horse Guards. How any person holding
the high and honourable position he does could stoop to such,
a subterfuge shocks me.' Whereas, in truth and in fact,
such report to Colonel Middleton was not, as insinuated, in
the said letter, false or malicious, but was a true repOrt,
made'by the said Major Meyer in the due discharge of his
duty.—Guilty..
Sentence--To be reduced to the ranks.
This declaration, came like a thunder-clap upon the Ser-
geant-Major, who, it was evident, did not expect it. We
understand ;hat he has been actively'engaged in the service
of his country for the last eight-and-twenty years, sixteen
Of which were as sergeant-major, and two years as regi-
mental sergeant-major. Upon the stripes being cut from his
jacket, he indignantly threw it off and declared he would
never put it on again, although he was strongly persuaded
so-to -do, and join his regiment. He subsequently became so
excited and ill; that he was ordered to be removed to Fart
ritt•Hospital, whence he was conveyed in a carriagepro
cured from the town for that purpose.

SHERIFFS' COURT, RED LION-SQUARE.—Yester-
dtv, at the Sheriffs' Courr, Red Lion-square, it being
the licljottrned•Cotinty.Court day, Hemp, the Sheriff's'
offteer, made prochtmations.of outlawry against the fol-
lowing persons, at the suit of the several creditors :-
IV:lliatu R. A. Tilney Long Pole :Wellesley, J. Davis,
Wiliam Wood, J. R. Elmsley,
:Charles Francis Addy,
Montague George
.Srnith, Walter Wright, Tharnas Reed
Kemp, Sarah Gregson (at ,three ,several suits), 'Edward
Tuke, Augustus 'Villiers, George Hawkins, Matthew
Ruesdaol, Ilagh 'Mills Banbury, Francis Whitworih
Sykes, .Frineis Burr.-1 Phipson, Harriet Massey, Sir
Thomas
:I-lowland Robarts' Bart., W. Leigh Hay (at two
several suits), W. Hilton, George -Jackson, W. Barnes,
Charles James Viner,. Francis
.James Nugie, Jdines
:Whitworth Arundell, Francis ,Bertre A.mbrosee, John
Salmon, W. D. Ryder, Gilbert Bolton, W. Pyne, W
•
Walter, J. A. Stackpole, and John Davis.
ARCADIAN TRAFFIC—BURLINGTON AND LOWTIIER.
—Last week there passed through Burlington Arcade 580
gentlemen, 4.32 ladies,•and 92 children ;• whilst 360 gentle--
men, 880 ladies, and 1,184 children passed through Lowther
Arcade; thus giving the latter, notwithstanding a ;slight
falling off in gentlemen, a clear majority .of 448 ladles and
I,o92,childrem :This return satisfactorily *settles the :long
pending disputes of the' rival Arcades of Burlington and
LOwther. --The- toy commerce' of the litter has, since the
Whifstie holidays,,wonderfullyineressed OPERA
ROUSE ARCADE.—Thia • 'Arcade- is suffering sadly from
the want -of -rain: The traffiCi- in consequence, has been
limited, for the last three monthi, to the daily visits of the
lamp?ighter; •It is ''proposed. liowever,in wafer to faCilitate
the navigation of -this dangerous passage,' to have beacon
lights burning all the day, and to lay on a policeman, by way
of a Prei-entive Service.: Thieis 'expected to double at least
the present.traflic.—finch:, :
APplt ELIBNSION es A' BURGLAR.—Ever since the
discoveri of the fire and' robbery at :Mr. Driver's,: the sur-
veyor to the Commissioners of Woods and Fortes, 8; Par.:
liament-street, for which the butler and a young wernan had
been apprehended at Pennenden=heath; near Maidstone, and
remanded at'BoW-street, the police of the A division haye
been in-constant search of a third man, who had been stated
by the Male prisoner to beatlarge, and 'upon' whose appre-
hension he had made his 'confession contingent: It appears
that when the butler way left ill charge' of the house on the
Sunday of the fire a'nd' rolibery,lie was seen-in 'company With
a man taller than, himself,habited in a light greatcoat, and
thin in the face; that this man had been into the house on
the night` of the occurrence, and farther,that he had been
seen in company with the two Prisoners on the 'day after-
wards, proceeding in the direction' of Maidstone: • Inspector
Pearce and Sergeant Thornton of the A diviiion have been
engaged most earnestly in'searching for the 'third party, and
have atlast succeeded in 'capturing hini, at an hotel at Guild-
ford, where he was himself. Amongst the property
which was taken from Mr. Driver's, 'were nine golden
guineas, and 'seine of these were found on the person of. the
Thomasthird prisoner, who could give -no account of them. His
name is Tho
Chandler, and he-will be brought up before'
the magistrafe',,Aen the other prisoners are brought up on
their rem-an-ft Evidence will be. produced to show 'that he
4thriitted having received the-guineas from the male prisoner,
r
nr
and
n. and dse
evt,e arson.rwyhn nearly
rirf
thi;
aebso um:
completely
anct that he was m his company on, the day previous to the
leted in iry.tsaret
Batted,pthaers!loaT
be in Par-
Pre;
Uabmi bl
tee
MONUMENT IO THE EARL OF DURHAM.--Prepare=
tions have been actively entered
upon for the erection of the
cOnteMplated memorial in honour of the late Earl of Dur-
ham,
'On Penshar • hill, near the base of which rims the
great northern line of railway. The materials will be con-
veyed up the , aelivity by a temporaryAy:l 3ting railw fiched of which will form a permanent carriage drive w-e'ti
the
building i 3 completed. The design is. an appro-kirnatfo'n to
the temple of 'Theseus, and is to consist of a rectangular,
base or solid masonry, Q 7 feet long, and 54 in width, 'rising
10 feet- above the platforM of the hill, and surtnounted by
eighteen lofty, open, equidistant coltimns, supporting at
each end a magnificent pediment, and'on each side a broad,
deep entablature, which will serve as a proinenade. The
edifice will be at least-70 feet in height, and will be visible
from t poition of a grea • the surrOndingoountry.• The trench
fa' the foundation has-been dug down to the solid limestone

POLIC:rI INTELLIGENCE;
(YESTERDA.Y.)" -
CLERKEIVIVELL.
Jameslllahony.,acaNnei.maker, residing in Harrisen-
street, Gray's Inn-road, of dissipated appearance, as
charged-with an assault on Mary his wife.
It appeared from the evidence of the wife, a delicate,
brokenhearted looking creature, and her testimony *as
confirmed by several Other witnesses, that they were
married in Ireland about six years ago,and have three
children. Daring the list three years.his treatment or
her has ber,syritematically cruel.. lie usually remained.
out until three o'clock in the morning, associating vilth
the most profligate charaCters, and when he returned bpat
the eoniplainant severely. lie at times threatened :to
. murder her', and the poor woman, with,tears in her eyes,
eleclared that herself.and her :little children were hall
starved. About. threemontlis ago' he beat and kicked her
so cruelly that..her body was bruised all over; and 4he
was eonfined to 'her bad for a .week. in consequence.
(in the .previotis night about twelve o'clock, when he
came home she was sitting with Mr. Whitter anti his
wife, who lolge in, the upper . part of 'hiS house. On
hearing Lis foot she hastened to him, but on reaching
the foot of the. stairs he knocked her down with a blciw,
and Ricked- her while lying on the ground until she was
almo4 insensible. She bled profusely froth the nose and
nr.utle-recdfelt quite lame in the morning frorna kick.he
Lai given her on the hip. Mr. Wilson, a licenSed
victualler, and 101 E, rushed into the house on hearing
serearns of murder ; they swore that, when they .arrived
the tvoman,was bleeding profusely from the mouth, and
• that the prisoner, seizing a screw-driver, made a thrust
of it it 4lr. %Vilson's tliroat, but he fortunately parried
the.blow.- The prisoner then 'tore the coat off Mr. Wil-
ola's brier; and the waistcoat and stock off another per-
to the
son. It was with the
greatest difficulty he was conveyed
-station-home.
'Mr..oai:Ev.woon asked Mrs. Maliony how she could
,Inpport hey‘self, and children in case be sent the prisoner
to the ;House of Correction? The poor woman, crying,
said She would return to Ireland with her children, in
hopes that her relatives would support her.
The prisoner, when, asked for his defence, sullenly ob-
served that his wife was continually accusing him of
kecpinghekl PomPanY,
Mr. GinIF;EN*OOD Said it was very little wonder she
should (Li's°. —The present was a most brutal and shoek-
ing assault..He would:fine theyrisoner or siX'Weeks
imprisonment forihe assault, and 7s, or- a week's ire.-
prponment and'hard labour for the wilful damage.
Not having the money, ho,was committed. .
'
A boy named Rozimmtn, aged about 16 y ears, . was
elarzed with stealing from, the eminent watchmaking
establishment of Mr. F. T. Dent, in the Strand, a, geld
watch, chain, and.seal, value forty guineas, the property
of Lord Canterbury, the late Speaker of - the :House of
Commons.

Mr. Williams attended on behalf of the prisoner.
It appeared from the evidenceg a (Treat number:of
witnesses, that on the 25th of April; abot; ten o'clock ;in',
the day, the prisoner went. intk",-Mr. Dent's shop, and
asked-if au errand-134y Were wpting; he was answered
in the negative, but still lingerpd in the shop, near the
ccunter. The watch, which had, been just called for by
the ()Wrier; who was sitting' in the shop at the time, had
been placed upon the counter by Weatherly, the Shop-
=an. About two minutes after the prisouer left the
shop, the watch was missed, and has never been found
slues. A day or two after the robbery the prisoner was
committed for trial at this Court on a charge of robbinr,
the National School in Hatton-garden, of a
•quantity"o"f
OChool books, and he was then identified by

rock, and in a short time the foundation stone may be ex-

pectOd to be laid.—Durham Advertiser.

SPIRI T r (;t:ilie PUBLlo4.oTherly and Colter Mr., pent,htnittil iiii anti porter,
',twin TIM .I',EN'ING PAPE.III3•'O 'f'FiiiERD4Y, as the person who had lfddli in the shoptjust before the
-STAN-D4RD,--It ,is tettneing to 'renintl ;,the shifts to robbeey, /111i6 'wrisoner was uitted the charge pf
which the Leaguera are driven to exfentidie- he. & IA ignite hook-st p
ealing at the -Middlesexacq sessiens„of hut wee ',4gAiii
their defeat,*
.south:Lancashire: -They tfthilly rely upon I arrested and brought before ,the Makittrate here, when
the lees majority by which Mr. Ents,,,4+
goflihs been returned 1 he acknowledged lia.viiig . stolen the watch, but said he
than that by which Lord &allele tfteiton and Mr. Wilbra- ' had gisesc it td a tish-seller, named Tom Richards, who
bans Were returned res'en . years... age, but
.theaq jfeopt- a shop in Baldwin's-gardens. Search- was made
siverlook the- east
. that if • the-- Cons4tTative i itiliOiltlr
, --
In 1844 is it'ss .than: in 1"7, 6.0 ..igggatt--, '6l-- ..(51(s 'butpeen sine captured-9 fitet slikh re sets ho credit on
polled, And the' -registry are :much itSSV-algo i Ihrely they
aught not, When exulting in'the Montilltona' fact that Mr. t' the:: cigiliihe4s O.! the iff* Is' o ice. A tiurnad; pLeed
lik.,iig in 48, Baldwin'S;gardens“etiosed -that
P.ntwisle has polled ninetyselght ;Oates lesitliiiii returned the riecW
/ate Member (and this is the whole reduCtiOn) to forgt-th.Z- 16-prisoner-offered-Tor sale to tildi a gold watch, chair!,
recent and constarit boast et their eaii' tAgue tloinessStees, „and seal, corresponding In all respects with the stolen
that they had Actually struck-Off 2,801 V4ilktVatire votes 'one, and tilltdl 5t I Oil', for it. Brown said he was sere‘
freak the,. registry-s-a• reductiok 'fleet ;;light to have mach, it thlsthave been stolen, and refused An buy it. :The
41 501114%141V greater diffeeettee than ninety-eight vistti. boy said it had been etplen by another person ; and
. Arr. &Alden, who hurried. to - town last inights to console Brown suffered iiiiii to depart. With 'the watch; having
the Leaguers at Covent-garden, and to aisnre them that previettsly, however, taken its number„ aod made the
Vz.clr defeat was a great victors. aictitissi all the success of
._ . the C,onservatives 'to landlore influence. Now lanatad.
Utiowinn. entry " Gold watch, N,.a. 0;i t% Dent, maker,
infltience .is about as powertlll in South. Lositil4hire as, •St : ti -'
ra d'- iig-''the .ideitital Words.- and figures engraved
, .
on lord.CanterbtirY's Watch.
it is in Middlesex.; and the . return of 'die renowned 1
..• is goose some years age will tell what land- . Tisi...te facts having - been deposed to, depositions fur
lent influence is in the visetropolitan . county. , 'li). trial were taken down, and the witdestes bound over to
correspondent of the morning Chrostie/e, tee:, more prosecute at the ensiling seSsions of the Old Bailey,' but
honest then. ..I.lr.'.Cubden, admits that. the Conservative. the prisoner will be again brought up, that Mn Dent's
landlords y:sry handsomely declined the exercise .of any in- teatittiolly may be. added. to :the' abort. • .
Suence.:. , This -correspondent, howtVer, has' a solntioa ef . . QUERIVISQVARE.
the defeat, and a somewhatdroit one--Alie landlords weie Pas- , Charles, Clach, tvpainter, was charged by Mr. Thomas,
thee, and their principal agents•were`pussiie, teat the : bailiffs. the rebeving officer of St. ' Margaret's parish, ]Vest-
:awareandgame.keepers " have done it all." the not at all mieeter with deserting his three children, the eldest of
of the' power arid' popularity of these 'classes, Whom ' !
is fourteen years of age, and-the youngest four
in London, indeed, we know-that the. bum-bailiffs]ceasti-
tate a formidable body, particuLarly ia the subtirben districts, months, who ,thereby became chargeable on that parishs
- and for that reason- Mr. Thomas Slingsbv .Dancombe very ' The defendant said he wool& haVe supported. his
justielonsiy invited to sit as Chalrinan of hls'prineipal Com.- children if he had had work_-he did not-desert them ;
mittee a bum-bailiff of extensive practice, though how Mr, he had only been employOd four days since the 6th inst.
Duncombe could know anyttqag of stich• a funetiCinary Mr. Thomas Said ho might have had relief and em-
nnist.The of course a riddle. We do .not, however, see
.pkymetit, .if lie had applied to him, . ...
that this .influence of the buni-boitifrocraty in Fins= ne defendant said' the
been he had obtained
bury—formidable as it may be to , lin! Danconttte.sii
, work that assistance Would have been discontinued. . .
supporters—affords any analogy' ' for 'the settlierity He ..... ). ,
committed to the House of Correction for a
of under-bailiffs (farm •balliffs we presitnie) in South ~„,..--„,..eh1"41 etMlnil
Lancashire. . The farin-billiff has no .huthority save
what he derives from his employer, and ilia gamekeeper bilta -stealing :Edward Houghton was charged with a Prayer-
no concern except with poachers, Ilut it* will not be re-
D book and aßible from the new church which' has lately
tended that such noblemen as the Earl of Derby, Lord Ad.. been erected in the Broad Way, Westminster. .
mersdale, stc., professing neutrality theldaelves, would be Prom the evidence it appeared that the prisoner, who
guilty of the meanness of:allowing, their influence to be em- had been previously seen in the church, came into the
Kayect for.a part,
y purpose be their lowest serVititts. The: snared edifice the previous evening about twenty minutes
hyeothesis is not more insaltri• than absurd. . before the evening service usually commenced. He sat
.
GLOBE.—The Ecclesiastical Conde Bill will—in accord- down in one of the free sittings immediately 'adjacent to
ante with the arrangement propoeed by Sir Robert Peel—be two we rented-b Mrs. Cook. There were only three
y
discussed re-morrow evening, on the motion that the Speaker WS
-keeper,
tersons in the church at the time. The vestry
tlo leave the chair: "So help me od, I have no interestin .
art' Mara, observed the defendant staring :tit her, and
this ineasure I." was the Right Hon Baronet's solemn dechtras 81
tiers when the measure' was on a former occasion before she went up ta him, thinking that he hed something to
the . tlouse. This
.unusual] y strong disclaimer of "in- say about au insane man who is. in the habit of attending
tercet," in a Bill introduced to Parliament by the Governs the church, but he did not speak to her. Shortly after-
anent, naturally excited some surprise, It was commented wards she missed two books which were in Mts. Cook's
upon at the time it was uttered; and will dottbtless be pew a few minutes before. 'She mentioned the circiiiii-
rememliered, if it be not-alluded to to-morrow evening, when. stance to the defendant, who said he had not seen the,
the principle and details of the 7.neaspre are under diseusSiell. books.. From information which she subsequently re-:
With alt due respect for the as disinterestedness of • . . ceived,.the defendant was asked to step into the vestry,
Sir Robert. Peel, , we still consider it our tidy to press. •
the clergyman informed him• that he had been
where
upon the attention both of the House of Commons •arid.
pointed out by a member of the congregation whO
the public, two points in the Bill, which certainly wear
the appearance- of one of those jobs by which the law re-. believed that he had Secreted the books on his person..
forms of the present Ministry have acquired for their authors The defendant immediately acknowledgeol that he had
a bad pre-eminence. The first of these two, points is, the taken the books, and produced them from some part of
provision of an -income of 1,200/. a year. for Dr. Nichol!, his clothing, and said he took alma through distress.
X.?. for Cardiff,' one of his own supporters. The second, When taken into custody nineteen duplicates were found
la
,to the sop thrown hy the Bill to a hybrid class of in his possession, three of which were for eleVen books
prOfessionals in the provinces, . who exercise the double which had been pledged.
avocations of
:tw_. proctor and attorney--occupations differing The defendant who had nothing to say to the charge,
. idelY, in regard to the education. necessary for • , : •
d f trial,but ordered to be brought up
was,tommitte or
their respective followers, as midwifery and horse-dealing. '
again on Thursday next
'
The .
..ehdeayoars we have hitherto -':employed to ex- again
of ale, afflicted
Pose .the
.palpable jobbery sought to be perpetrated in John Dixon, a man about thirty ye ,,,,,. _
favour of Dr. Nicholl by means of this Bill, have been par- with,: paralysis, was charged with a violent, and appa-
Citify successful. Dr. Nicholl within the last' few clays hag, , redtly unprovoked, assault upon a woman a question-
deemed it prudent or decent—or he has possiblybeen advised able virtue, named Harriet Martin, and on Adam Sather
by one or more of the superior, Members of Government, land, a policeman who had him in custody.
possessed of more discretion than' himself--to resign his post The defendant, who has an Jip-- it ir, ' •
of Vicar-general. That office is now held by a se-- - - -

...—........--ees---
he Went to the Judge's private resider
the middle of the night. He was
with all the ectirtesy which distineen-iii,
Learned Judge, but his application was in
short, after five fruitless applications, whet! ;Is) le
about to suffer death, he (Mr. Fitzroy he",lll,k
for the sixth time, on the Learned Juclge'woo
urged, or rather insisted, in terms wili°llth t6'
tainly not have been justifiable under any o echief,
stance, on the propriety of writing to the L0rd.,011,,'
tice of the Queen's Bench, or the Lord Ch to
have their opinion as to whether there was al:lces.
the point which he urged. At length
sented, and he communicated with Lord Tf!'.'die..,
the Lord Chancellor. Both of these learned in bei
ar, ~
thought the point ought to be reserved—(fier the 7
and efaht hours before the period fixed fo 0 the
execution, he was respited. The point was> Q., ottO
lowing term, argued before eleven of thejudge;
00.:
the I.ey,
whom was the Learned Judge who tried tl; bop
they were.all unanimous that the point shoe.isiot,.
reserved, and that the indictment was not sit apa`
(Hear, hear.) Here was a case in which hot;
had been saved by mere chance ;, then Le, :;,a, rt,
told that the judge would, on every occas--ieo,
a point for argument, if there was anYi,j;
however eminent or learned that judge '-':"re I
(Hear, hear.) The man was now livinguclool
person, and a good member of society. " f poet}'
state of the law when there was a verdict of
,turned, and when, to every impartial Wistitbei
reasons urged by the prisoner's counsel nibr, st
sufficient, still the judge might be inex°r!ineel°;ii
unfortunate accused, although innocent, a° in So ,
case, might suffer the punishment of death the i!,j
contrary -the conviction might have been f
the Jl5
the land, yet still it rested upon the fiat °fhrao)
whether the prisoner might not suffer eltin.fetisj
even death itself.----(Hear, hear.) He asked la cove+
of things , should be allowed to continue in out,
where the law was fairly administered 7 terteswi
where the Learned Judge was disposed to e.6,1001°
objections urged, the remedy—if remedy 1'• 1..
.;
called—was of a most unsatisfactory chsralioa
was the course when a man had been ce", bed
crime, and when the objection of his- counseithej,
reserved by the judge for argument ? Fit of ,)
entertaining the objection at all was a matte r' ro
gence, and not a matter of right. So that thebetter
might be indebted for his life, not to the lalihe dOlai
kind and merciful discretion of the judge. '—li `s7#l
speak in any manner disrespectfully of the heniYt..v
.was a well known fact in Westminster Hall',,,ah °LI
of the judges would entertain objections w'',," 417)
would absolutely refuse—so that it was "'„151
matter of accident, whether or no the prisone.i>teset #
or guilty, should have the point which his c° ant.
honestly raised in his favour argued at all ers re:ii
even, as he said before, where the point It trod"
what was the proceeding ? The judges .Inieessesiqf
not in open court, as on objections in a cifn 40%0
in some private room in Sergeant's Inn, or loastrio
and there counsel was heard, and heard, he„,001,44
after a most irregular manner. It often haPrivee
counsel for the Crown was not employed on these. 09
ly
and it sometimes occurred that the pi:isene'root
able to fee counsel, Then in this private,_. o'9>
judges met, and the point was decided wh.'ere, ',#
grant liberty or inflict death on a fellow-cres„ ; fors',;
civil case, on a like occasion, all the custoniarfegt4
our courts of judicature would be gone thtets 0' vi
what was still more valuable, the arguolbe 5,1 i
counsel and the reasons of the judges wonii 0 pi,'"
before the public ; but in this case the itn`goe e,tos
reasons at all, but it was made known in °gall ;tY
or conventional manner to the prisoner's ce.-he'lbe„V,
the result of the judges' deliberations svas---: be 'l,,
man's life was saved, or whether it was i° eto th erre
re
away. Thus no addition could be made 10 ,id
the common law of the realm—no decisionsbe 04;
corded, or reasons published, which nlightise 11.4
hereafter in like matters. In fact, at present oitV
digested body of criminal law at all ; and it 7,clePy
master mind of the individual who had now u ode, ty
it, to reduce our criminal law to an intelligent .4(lef A
other course left open for a person convicted abler il
criminal law was still more objectiotistate,
to
by application to the Secretary of
_reocoly
there was a strong case made out for interfc toed i
Secretary of State referred to the judge ry,bestat illt
man, and in most cases the Secretary 01 glisli
i
guided by the opinion of the judge. Thus odiv"oi
man's life depended on the will of a singleA,rther_list'.
But suppose the Secretary of State went 1"-ecr',ri'
demanded the evidence to consider; hence the, ft'?
of State was certainly placed in a position to foe er
sponsibility. Well, then, he received a coil °,ocbtp
deuce from the judge's notes—he must receive eel ~,
dence as was laid before him—he bad 11°,„i'bou.,,,K
demand any other--7-it might -be false, but of sate.`
power to examine parties on oath—no means -,0 c7.t'
ing himself whether the statements made we'rottoto'
or incorrect ;' and yet upon tbese slender gileosetirf
must come to a decision upon the life of a fesecre ti
Lure.—(hear, hear.) But in most cases the reso4,
of State rested satisfied with the judge's bare refbe c,`,o
tion, and acted accordingly.—(Hear, hear.)....im,,;;t.
sequence of these things was, that theme
_ig'T(Pfi)
escaped, and the innocent often sufferet",,,esetos
hear.) It was to provide a remedy for To tltjo rr
that he submitted the present measure to !_111.9 try
Where there was an erroneous verdict, or ymeeatlsie
was a misdirection of the judge, or good elvedet fi
supposing either, he proposed by this Bill to rereseilz
mode of appeal the same in criminal as in civi speeli
at least as nearly so as possible, taking their.oo',;t
difference into consideration. He proposed ths',4ootto
criminal trial, whether at the Central Criminal `'essi'if
before the going judge of assize, or at quarter,'eper°i#
or any other criminal tribunal, to enable the Prito'4o
his counsel, when there was a verdict of guilt)'' fn,
in any of the superior courts at Westminstert ter
show cause why the verdict should not be °she'll
why there should not be a new trial, and wild °t Aft
diet not guilty should not have been reterneo'eset
the judgment should not be reversed ; and whet leer
court was satisfied, either upon affidavits ° irapre.ci,
review of the evidence, or upon a belief that.,,erli
evidence had been received upon the trial, or pst?
deuce rejected, or where witnesses were brougi'oeel b et
suddenly, and whose testimony the prisoner e ,irel!'ff
satisfactorily disproved if due notice bad been
the
where the Learned Judge had misdirected of •cil
• g tiP ci
in point of law, or in an erroneous sunsuit° ie itho
facts, in all or any of these cases, as,•oo o,ltof
actions, he proposed that it be at the discreoverdle be
Court to grant a new trial, or to order that °et 000
guilty be set aside and a new verdict of °old bet, 0
recorded. He also proposed that there sh°o the `lit
,lit
power to move for an arrest of judgment' 'lds 034'
in civil cases, appeal to the House of Lc' _cot> dr
made, which he presumed would very seldom`,ier pr°:,l
nevertheless, resort should be had to it 00 dso dote
restrictions. The mode by which he proPclo oh' .en'
out this-part of the measure was by giving -d th,c:oo
power, in all cases of conviction. to suspeT Pp'
tence until the appeal should have been deci °Toe soil
absolutely necessary that the judge should Posed j o
cretion upon this subject. What he Pr°l9o trio et
that in all cases where a judge should li3bo prised,
prisoner, and he had been found guilty, t reissnieeife
should declare, before the sentence was Pwoulnorrio;
that it was his intention to appeal ; and he tee
-power to the judge either to pronounce 3, tee ar'ite
sentence, to take effect on the termination 0>
_t roe e.
if the conviction should be confirmed, or to pc' 'fie Ye
sentence until the motion had been heardie pst, se
er
posed to leave it to the judge either at once rasteive'rn
tence, or to order the prisoner to remain in eni"-tecr
to admit him to bail, either upon his own rec°Pest id'
or upon good and sufficient bail, until the arPe rei,ectli,i!
tion had been decided, when, if this apeeal,"l„eetePh'aY'
the sentence should be pronounced. Un"Q` 0 t'jfetj
part of the measure was open to the object° he Jo,
would still be in the power of the judge,_,le ver:ibie
perversely determined to carry into effect 'lines:it
to refuse to respite the sentence. But it was, e eetP;ol
to guard against mischief in all cases, and ' age as
' the i 100 J
thought the matter might safely be left to ao til''
the land; unless the thing were so clear thatAa lee of
being could entertain a doubt about it, the jnee"utienef
in all capital cases, postpone the e% ere 00'
the sentence ; while, if the sentence
~,,, i(i,,,Nl
cuted, except in cases of life and death, wr 0 ;b,
that could happen was that the Pris°,:es 00;000
suffer imprisonment, or undergo the first standnofos
portation, until the ensuing term. But be ha 10 latis
that, practically, if this measure passed into
tt: frifeso.
tice would always be done. In cases where riss 01
objection was raised, the judge !night where or t
tence; on the other hand, in cases „ /01_, ot
serious doubt existed, either upon a matter of nottc`dol
matter of law, or the verdict of the jury, ur°ooteds7oo''
appeal being given it might be taken for gne, . tiuo
the judge would postpone or arrest the senr,s'ie objc`A', 0
he was at a loss to understand what reasonau:, urge :003'
could be made to this measure. It had bee.,,j.ch cit`sf"
an objection to the power of appeal under
thue Ochres:,
stances, that it would give an advantage t° , to PP-, '
the poor ; that the rich would always be do ; tll,6ther
and that the poor could not afford to el°, ood ae`llf
would be in fact making one law for the rictioom elveiv,
for the poor. He thought that objection:vgash r,ela
apply to the. power of appeal in civil case.i.;,, and tiers_:
tages were incidental to the nature of 01
.11.Fni °per; the
not be avoided. But, looking at the pr,tivcrog O%W
of the measure, he saw no reason for belie,,,_ not
c`leonc!
rich man would enjoy a privilege which 'iro rot o ,tee
possessed by the poor man. The judge,wtatorder eioal
to admit the rich man to bail. He tnignAceided; jibe'
remain in prison until the 'appeal were "i,ret he ,a re:
the poor man, if unable to obtain bail, Innbhia 000,bistio
rated,-at the discretion of the judge, tiFocase intoin..
cognisances. Now, there' was only °.n,o'oer to °: In':
he desired to give power to the pr.ip r „coot., _ o,
respite of his sentence at an earlie 1e,.....-errep,t-
-it could be obtained in other c' upon
etisc.;
luded, of course, to
tal charges. He proposed that in _isorerbodo
if the 'judge before whom the ri
risoner 'bePa
indictments
such 0 f
tried refused to allow the appeal, the V__ heard
vreolo
upon giving notice, have the right to °' ;
rovis-Qnd 05 .•0
the recorder and two judges, and 'this
might urge,hie, It
extend to the judges of assize. It he inp'reeeis
objection to his measure that it wouldd
with the aprc.ej.
the
oftresen state of td's courts, an
frerous aril
,re c 'us
sure "' „erei cis
whichnumber
He'must take leave to say that if this.
eto the ve t0.14;',
and expedientin itself, it was no ansytiof pub ,;olge,,
made upon the Legislature, on the par the
tpoluoepiot.seti:lfs
wth; nu
WIC-lit:00i in,..t.
II
that it would create a necessity for some
.he eou
,I',.'ac
Pebenlsiee.l."°e_Aotibonetteel,itift.ifillf.ll
(aHndoutrh,uhseacar.u)seßaunt anddeitdioidnalueoxt
necessity would be found to exist.
_sue°i't woulurod tp:'
appeal were to take place in eYerY C 4 'did ; 013,)i
half the time of the'court. But theY .
,ii eases , Ave,
cr_ule sit
s*
jialif rd red 5:1 dope'
then, should
sho(fmlladw
tinhuoyndauutetdio wipi:thuappeii,als ineeoctilt inre
cases ? The Bill would be ((sand to ,'_ had been
cases of a criminal nature where injusttee___4. ply
and in no case could it be seriously 4131.1vw

soon after the Chancellor of the Exchequer offered the
claimaints one moiety of the balance then due to them.
The offer was accepted, and it was considered
to be a full, satisfaction of all demands. .The
amount of . the claims of these fifty-five persona
was, 227,000 Z . Having received by the award of
the Commissioners, in 1811, 105,000/., a balance was
still due to. them of 122,0241., and they received exactly
half of that aum. Nolx,,:he asked the House whether,
after this subject had been fully discussed in 1821
. and. 1825,. and _ a _.settlement had been - made, they
would permit the question to be again re-opened ?
'By .agreeingAOiliis they would open all the other clainis,
and revive a question which had been settled 25 years
ago. The parties had accepted one moiety of their claim
in full satisfaction ~of their demands ; and he thought
.tha:t there e4iila' be nothing more unwise than reopen-
ing a
.question that had been satisfactorily settled. He
Must oppose the motion.
Mr. VILLIERS did not know that the claims, had
lever been satisfactorily settled. • 'The Hon. Baronet said
that nothing could be more unwise than re-opening, this
question ; but he could not see, that it would be unjust.
The claimant was' not a distant connection of :Mr.
Powell ; he was his grandson, and the representative of
the last of the claimants. So that the objection that
. allowing his claim would open that of the others, did
not hold. The settlement of 18(12 was opened again in
.1821. • Colonel Powell 'did renew his claini every year;
and the Exchequer did not Say that his claim was unjust,
but that there were no, rilearis of satisfying it.
Sir G. CLERK said that from 1815 to 1821 the in-
terviews of Colonel Powell with the Chancellor of the
Exchequer were much More frequent than once a
year.
__

Mr.---,fIUM said that. nono of the parties had ever
considered their claims as satisfied. He was one who ad-
vised them to take what the Government offered. If the
relative of Colonel Powell was declared entitled to this
claim. the relatives of all the others would have a
claim also. He was much averse to refusing
justice to any individual, and he thought the
Government bad. in many cases acted very badly—as in
refusing the Danish claims, and the compensation to the.
British merchants in China ; but he should advise his
lion..Thiend not to press tis motion to a division, as the
House was in a state of ignorance on the subject.
•
Mr. JERVIS replied. , •
The gallery was cleared for a division, but none took
place.—The. motion was then negatived without a di-
Talon. •