The Sun.
London, England, 1828-05-15 00:00:00

THE LATE RESPITE.

The respite sent down in the case of Charles
Smith, alias _Eastwood, was caused by a ciictuti-
stance which arose from the purest accident; but
it will be seen train the detail, that if we are to
judge from the decision in eases where life has been
spared upon conditional terms, that of the unfortu-
nate convict is no longer in danger. It hill be seen,
too, that there is no blame whatever imputable to
any of the parties to whose conduct it is to be attri-
buted that Eastwood pleaded guilty. The convict
had lived in the service of Mr. Dulin, the jeweller,
on Cornhill, by whom lie had been entrusted with
property to the amount of thousands; and in no one
instance had he violated the confidence reposed in
him. In fact (and it had been ascertained by the
firm of Curtis and Roberts, upon whom he is said
to have committed the forgery) he never before was
charged with, or suspected of, any offence, and Mr.
Dulin determined to use every possible exertion in
his behalf. Before the day appointed for the trial
arrived, Mr. Dulin, who had been long acquainted
with Mr. Cope, the City Marshal, asked that gen-
tleman, as a friend, for advice as to the mode of
proceeding which it would be most advisable to
adopt, for the purpose of saving Eastwood's life.
Mr. Cope at once suggested, that the prisoner's
best course would be to plead guilty, and he in.!.
stanced many more aggravated cases in which, on
account of pleas to that effect, the punishment of
transportation was the only one inflicted, arguing at
the same time, that, with so many cases in point in
which the Royal mercy had been extended, the ut-
most rigour would not be resorted to in an isolated
case. Mr. Cope also stated, as we are given to un-
derstand, that he was convinced the bankers (mean-
ing Messrs. Curtis and Robarts) would sign a peti-
tion to the King in favour of the prisoner.
Mr. Gates, the Solicitor to the Society of Bankers
for protection against frauds and forgeries, was at
this period at Truro, and of coufse could not be
consulted, but his principal clerk, who in his ab-
sence must be considered his representative, did not
hesitate to give an opinion similar to Mr. Cope s•
Thus provided with advice, and as he thought with
authority, Mr. Dulin went to Newgate, and urged
Eastwood by all means to plead guilty. to the indict-
ment, assuring him that a pledge had been given
upon such condition that his life would be spared.
In the conviction that there was a certainty of the
extension of the Royal mercy, the unhappy man
resigned his chances of escape, and pleaded as he
was advised. Until the reporting officer arrived at
his cell with the intelligence that he was to die
.011
Tuesday morning, his thoughts had been occupied
with the contemplation of the distant country for
which he believed he should be bound in a short
time. ,
His horror was therefore extreme; that of
Mr. Dulin could be considered scarcely less. The
latter ran from place to place like a madman, accusing
himself of being the executioner of the unfortunate
; man, in having advised him to plead guilty, on hear-
. ing that mercy would net be extended to him by
the
. Government. The painful circumstances of the
; case reached the ears of Mr. Wilde, the Sheriff, %vim
[ lost no time in representing it to the Home Secre-
tary, and a respite for one week was sent down.

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so,,doNilyntTioN.

UN OPPICE,.,~ait~i clod

I M PERIA L PARLIAMENT

tuitau COMMONS.

•
The House proceeded to business this day at the usual
hour.
Sir E. KNATCHBULL presented a petition from Fa-
versham, against the Ale-house Licensing Bill.
Sir E. CNATCHBULL also presented a petition from
the :Holsters of Chatham; agriiiist the Malt Act:
tOREIGN WOl:3—L.
Mr. CURTEIS presented a petition from Moldash,
praying for a tax on the importation of Foreign wool.
Sir THOMAS LETHBRIDGE said the country looked
with great anxiety ih this subject. As an inquiry was
going on in another plaec, he had not prrsented sonic pe-
titions which were forwarded to hith, and he hoped, what-
ever was the result of the. inquiry, it would satisly the
s']cutiplairiantl.
Colonel SIBTHOAP expressed heetty couttirrence
in what had fallen from the Hon. Member. for Sheiterset,
He thought that it would go forth with an ill grace that
they were bestowing thousands of pounds in pensions; whets
the humeri had already so intich to pay and eo little to pay
with. If the farmer.; got What was their rights they would
be the last men to refuse to reward merit. He hoped that
very material advantage would arise to the wool-growers
from the discussion going on in the House, and he could
assure the House, that in his own county, Lincoln, the
wool buyers never made their appearance at all till now;
and three years clips were lying wholly unsought for.
The petition was then laid on the table.
Mr. MUNDY presented a petition from the owners and
occupiers of colleries at Nottingham and Derby, against the
Act limiting the circulation of one pound notes.
SCOTCH GAOLS ].}ILL.
Mr. K. DOUGLAS presented a petition from the Royal
Burgh of Arrow, relative to the maintenance of prisoners
in the Gaols of Scotland.
Mr'. 11. biIUMMOND wished to know whether it was
the intention of the Noble and Learned Lord to proceed
with the Bill this Session. It involved a question of taxa-
tion, and without entering into the details, he thought it
would be better to let the Bill go down to Scotland, and
be considered before it passed.
The LORD ADVOCATE was perfectly willing to be
guided by the feelings of the Members for Scotland. If
they wished it to lie over he would submit, or be was
willing to refer the Bill to a Select Committee if that was
considered better.
Mr. KENNEDY thought the Noble and Learned Lord
had done his duty in introducing this Bill, for that it was
calculated to cure a great and growing evil. Whether its
provisions were the best which could be introduced he
did not take upon himself to say, but hit own wish
was for a Committee up stairs. The petition was ordered
to lie on the table.
Mr. WODEHOUSE gave notice that when the House
went into a Committee on the Corn Bill he should move
" to add to the list of places already enumerated in the Bill
as these from whence returns of the prices of Corn and
Grain should be taken, the Cities of Edinburgh, Glasgow,
Aberdeen, Haddington, Dumfries, and Dundee, in Scotland,
and Dublin,
.Cork, Waterford, Limerick, Belfast, Sligo,
and Galway; in order that in future returns might be made
from thence iii like manner, as are now made through
England and Wales, respecting the prices of all British Corn
and Grain except Wheat.
Mr. RICE presented a petition from the Chamber of
Commefce of the City of Limerick, against the importa-
tion of Foreign Flour.
Sir JAMES MACKINTOSH presented a petition from
Mr. Sergeant Ruff, late President of the Supreme Court
of Justice of the Colony of Demerara, who was sus-
pended from his office by the Lieut.-Governor of the
colony. For integrity and honour and judicial capability
few men could surpass Mr. Sergeant Rough. Although,
when his case came before the Privy Council they declared
his suspension illegal, yet three years had elapsed, and un-
less something was now done for the petitioner he and his
family would be reduced to the brink of ruin. He did not
mean to complain of any Member of his Majesty's Govern-
ment, for the petitioner's sole hopes now relied upon their
consideration and that of the House. He would not at-
tempt to criminate the Governor, for he considered it was
unnecessary to the attainment of his present object. He would
not even name him, for -be (Sir J. Macintosh) was a suitor,
and not an accuser. Mr. Serjeant Rough - was appointed
to this difficult office in 1816 ; difficult be called it,
because Holland and its Colonies . allowed a greater
latitude to the Roman law than was permitted iii
moat other countries. But this very circumstance
rendered Mr. Sergeant Rough peculiarly fitted for the em-
ployment, for few English lawyers were so well qualified
for it by reason of his enlarged mind and general acquire-
ments. Between 1819 and 1821 differences arose be-
tween the President and the Governor, which- differ-
ences the Privy Council attributed to the ill-ddefined
authority of either. As the Privy Council had thus
given an amnesty to both parties with respect to those
differences, he svuld also pass over them in silence and
come to the fact eronce, that in 1821 the Governor sus-
pended the President. Then arose a state of things
entirely new; if the suspension were justifiable, or
even excusable, then the character of the President must
suffer irrepairable degradation. He must be presumed to
be not only incapable of public trust, but of individual
confidence; even his honour was called into question
by such a proceeding. Under these circumstances lie
returned to England, to vindicated his character. He might
observe, that in this case there was one additional circum-
stance of aggravation. He had been cut off from all his
professional connexions, which, of course, had gone into
other channels, from which they could not be recovered,
and his services, though compensated, and he admitted
liberally so for the time, were not sufficiently long to be
considered as an equivalent for that loss. For a consider-
able time after his return he was occupied in endeavouring
to secure his honour which had thus been assailed.—
He applied to. two private friends, who held him in high
estimation—the present Lord Chancellor and Mr. Den-
man : he also applied to the Colonial Office, and the re-
sult was, that it was deemed advisable not to bring actions
against the Governor of the Colony, which would render
the matter too public, when lie might attain his object by
a hearing before his Majesty in Council. This was thought
the most advisable course, and the conclusive judgment of
the Privy Counsel was, that his suspensirn was not jus-
tified. Thus was Mr. Rough's character perfectly re-esta-
blished, and thus was he held out as the victim of the
wanton, inexcusable, and unjust exercise of authority.—
His mind and time had been much employed in the
vindication of Ilia character, and had not, been directed
towards the recovery of his practice. He had been also
obliged to invade the provision made for his children in
the defence of that which should be as dear to them as to
him—their father's good name. He had hopes that, from
the capability he had shown in the office from which he
had been suspended, the Crown Patronage would have re-
conspensed him by giving him an employment equivalent to
that which he had lost. He did not mean to blame any
one whattiover, but those hopes bad at length failed him,
but he (Sir J. Mackintosh). had still hopes, that Ministers
would advise his Majesty yet to do an act, which would be
safer to the public and liberal and equitable to the petitioner%
If the petitioner were, after having wasted his time, ex-
pended his private fortune, and lose the advantages of his
profession, were left without prdvision or redress, what a
lesson would be read to the Colonial Judges, upon whose
learning, ability, and independence, the prosperity of the
colonists mainly depended, he was afraid that such an
ample would deter professional gentlemen of learning and
ability from becoming candidates for Colonial offices, and
he should deeply lament that our system of laws and insti-
tutions should be justly open to the reproach of not having
provided any remedy for so gross and flagrant an outrage.
--(Hear, hear.)
The petition having been brought up, and the question
that it be now read having been put,
—As his Right Hon. Friend the
iSecretary
indisposition,
Statead foras
itshe
Noble Colonies
Friend w ats%
ea eUnndte tr h
sr oe
LuTgeha.
tary(tssbuirbr.tmhieltirtCoed.
Hltoo.n
sh
t), he
lwct oha sno suingdohe tr
a nottiino n of Ofi
inf etohffiwe
celri erniavttyhticoshenuratniteimteler,
wheas
when those discussions in the Colony originated, was
still anxious to put the House in possession of the facts
within his knowledge. He admitted that the Right
Hon. Gentleman opposite had adopted the most concilia-
tory tone in presenting the petition, and he did not make
any complaint of the manner in which that statement had
been made; but as the Right 11013. Gent. had alluded to
some advice received by Sergeant Rough from the Colo-
nial Department--in fact alleged to have been received
from him (Mr. W. H.), and as there was inaecuracy
•in the statement, lie should• shortly state the whole
case. The Privy Council did net in fact decide that the
suspension was illegal, but merely decided that the Lieut.
Governor was not justified by any necessity in suspending
Mr. Sergeant Rough--and remarked, that the transac-
tions which preceded the suspension were accompanied by
irritation between the
parties, and that they had arisen
from the indefinite nature of She powers of both parties.—
The Council added, there was cause to regret the indis-