The Sun.
London, England, 1844-03-14 00:00:00

THE SUN, LONDON, THURSDAY EVENING, MARCH 14, 1844.

ment of Greece. The Hon. Gentleman concluded
by moving for corresponeence, or extracts of any
correspondence, between her lajesty's Goverement
and Sir Edmund Lyons, or the Courts of France
and Russia, relating to recent events in Greece.
Sir R. PEEL trusted the House would permit the
Government to exercise a large discretion with re-
spect to the part of the correspondence which it should
be advisable to produce. The correspondence which he
(Sir R. Peel) would produce would rather refer to the
general principles which this country, acting in con-
cert with the Government of France, had advised
the National Assembly of Greece to pursue, in lay-
ing the foundation of their future constitutional
government. He thought the House and the Hon.
Gentleman would admit that those instructions and
that advice had been influenced by the purest mo-
tives, and the sincerest wishes, to establish in
Greece a popular representative and constitu-
tional government, combined, at the same time,
with such institutions as should secure the existence
of a limited monarchy. He thought that the corres-
pondence which he should lay before the House
would fully prove the truth of his assertion. But he
should feel exceedingly unwilling to lay before the
House at present any correspondence with regard
to the details which are now under consider-
ation. He thought that the way in which
the National Assembly and the constituted
authorities had acted up to the present time,
showed that they were deserving of public con-
fidence. He thought that at present it would be very
impolitic to enter into a discussiou on the subject.
—(Hear, hear.) As a proof of the inexpedi-
ency of entering into these discussions at present,
he would mention one circumstance. If the Hon.
Gentleman had asked him, at four o'clock, what was
the decision of the Assembly of Greece on the sub.;ect
of the duration of the term of office of Ministers in
that country, he could not have given him any infor-
mation on the subject, but, after the lapse of a few
minute=, he was enabled to inform him that accounts
had been received from Greece during the course of
the present day, with the result of the discussion of
that subject in the Greek Assembly. A division had
taken place on the question, and the votes had been
equal on each side—ninety-eight • - 1
the limitation of the time of holt..- e
years, and ninety-eight for office being held during life.
It was expected that a division would take place the
next day, which would decide the question. The
House would therefore see, whilst these great ques-
tions were under discusssion in the Assembly
of Greece, properly and constitutionally constituted,
how extremely inconvenient it would be to have these
matters discussed in the British House of Commons.
He felt assured that the House would agree with him
that it would be exceedingly improper to attempt any
premature discussion of the subject in that House,
lest they should create an unjust and improper pre-
judice on the subject. Every effort had been
made since the commencement of these proceed-
ings, both by the British and by the French
Governments, to give such advice only as
it was fitting for them to give, and as it was
also fitting for a free nation, like the nation of Greece,
to receive.—(Hear, hear.) With regard to the loan,
he trusted that the Hon. Gentleman would excuse
him if he declined giving any answer on the subject
at present. Although at one time it might have
been considered expedient to insist upon the repay-
ment of the loan, yet when they considered what
had recently taken place, he thought the House would
agree with him in opinion that allowances ought to
be made for a people who were passing through such
a crisis as the people of Greece were passing through
at present. He hoped the House would feel assured that
every attempt would be made, on the part of the Go-
vernment, to reconcile the duty which they owed. to
this country as the guardians of the public purse, with
what they felt was due ,to a country placed in such
a position as that which Greece now occupied.—
(Cheers.) In about ten days he hoped to be able to
lay on the table of the House all that portion of
the correspondence which he should think it right to
produce, and which he trusted would be found suffi-
cient to satisfy the Hon. Member.—(Cheers.)
Lord PALMERSTON confessed that the answer
which the Right Hon. Gentleman had given was
more satisfactory, than, judging from the state of
the Treasury, Bench, when the Hon. Gentleman began
his speech he could have possibly expected.—(A
laugh.) He thought the statement of the Right
Honourable Baronet, as far as it regarded
the motion of the Hon. Gentleman was entirely satis-
factory. He was glad that the Right Honour-
able Baronet had consented to present the pa-
pers, and he thought that the utmost discretion
ought to be allowed to the Government in the
selection of those papers which they might think
right to present. He thought that the utmost deli-
cacy ought to be exhibited not to offend the
feelings of independent nations.—(Hear.) The Hon.
Member for Bridport bad alluded to what he called
the late event in Greece—he would not. call it
a revolution, because it was the act of the
Greek nation, claiming those institutions to which
they were by right entitled. Their conduct during
that event, in his opinion, reflected the highest
honour on the people of Greece.—(Cheers.) Per-
sons had said that the Greeks had been so many
centuries under slavery and oppression, that they
were not yet fitted for a constitutional form of
government. The event had proved how undeserving
they were of that opinion.—(Cheers.) He believed
that all nations were fitted for constitutional Go-
vernment—(Cheers)—and if there were any nations
not fitted for it, the only way to fit them for it was to
give them constitutions—(Loud cheers)—for if they
were to wait until the enemies of popular constitu-
tions pronounced that the people were fitted to
receive them, he feared they would haVe to wait along
time.—(Cheers and laughter.) Nothingcould bemore
honourable to the Greek nation than the mode in
which they had brought about the establishment
of their Constitution—(Cheers)—and the conduct of
the King of Greece during this trying state of
things had been infinitely honourable to him. Now,
when the repugnance which he had evinced to the
granting of a popular constitution, might have ren-
dered it probable that he would have endeavoured
to have escaped from the necessity of submitting
to that constitution which had lawn forced upon him,
but he had throughout acted with the utmost
sincerity and good faith in a manner whic h
reflected on him the highest honour. He agreed
with the Right Honourable Baronet that there
ought to be the utmost discretion exercised
by the Governments of France and England in any
advice which they might think it right to
offer to the Greek nation at the present
time—(Loud cheers)—although he admitted that
they had a right to advise, yet the utmost for-
hearance ought to be shown in the exercise of that
right.—(Cheers.) He agreed with the Honour-
able Member for Bridport that the attention of
those Governments ought to be disected to that
article in the Greek Constitution which provided that
the Sovereign should be of the Greek religion. If
the succession should fail in the line of King Otho, the
Crown would descend to Leopold and his descendants
who would be Catholics. This regulation would be in-
compatible therefore with the rights of the succession.
He trusted he should not be told that this incompati-
bility might be got over by the adoption of the Greek
religion by the successor to the throne of Greece
who might be a Catholic. He trusted that neither
England nor France, nor the Greek people, would
expect that a person brought up in one
particular profession would change it merely to step
into a foreign throne. He thought it would be in-
consistent with the treaties by which the succession
to the throne of Greece was regulated if that article
of the constitution should be ratified. But there was
another objection to this article, collateral and consti-
tutionad ; for if all the branches of the House of Ba,
varia should fail, and if that article should remain in
force, where would the Greeks have to go to find a
successor to the throne ? They would be driven to

He hoped he would admit that the Government were
entitled to some credit for having retained in office
the person appointed by their predecessors, and re-
posed in him that full and entire confidence to which
he was entitled. It was an honour to the profession
to which he belonged that he should discharge his du-
ties with such discretion, fidelity, and ability.
Sir H. DOUGLAS concurred entirely in some of
the views thrown out by the Noble Lord the Member
for Tiverton, and especially in reference to the main-
spring of the revolution in Greece. It was
not a revolution in the ordinary sense of the
word. It was one of those military pronun-
ciaments of which they had seen so many of late.
He begged to remind the House that the great
object of the Greek revolution was the full and entire
separation, spiritual and temporal, of the Greek
Church from the Patriarchate of Constantinople. By
the first article of the protocol which he held in his
hand, it was provided that the Greek Church should
recognise no spiritual head but our Saviour, Jesus
Christ ; and he thought that the Noble Lord must
be well aware of the serious inconveniences that
had arisen in the lonian Islands for want of this
separation. When the late Government were in
power, the connection with the patriarchate of Con-
stantinople impeded many contemplated acts of im-
provement; and at length the Greeks became so im-
patient of dictation from that quarter, that he was
obliged to order the British Ambassador positively to
insist that the separation should take place. All
the struggles of Greece would be unavailing, all
her blood had been shed for nothing, if she was still
to continue in spiritual subjection to the Patriarchate
of Constantinople. The Noble Lord had truly
stated, upon what family the election was
likely to fall if the monarchy became elective.
These were the great objects for which the Greek
people were struggling, and with which the people of
Europe and the whole civilised world would sympa-
thise and agree with them.
Sir R. H. INGLIS thought that the proposition of
the Noble Lord would come under the term
of what might be denominated ultra-liberal
He thought the conduct of Sir Edmund Lyons was
quite free from the slightest imputation of blame, and
ths, no .Tmnintment had ever been made by the oble

Judge BALL (the grand jury having been re-sworn), pro-
ceeded to deliver his charge, and said he was very happy to
find, with reference to the calendar before him, that the
amount, as well as the general description of crime in this
division of the county, was considerably less than the average
of former assizes. Ile had, procured a return, which had
been handed to him that moment, which he (Judge Ball)
considered to be an interesting one and which might also be
found a useful one. A column annexed to the calendar con-
tained a specification of the state of education of the prisoners
in gaol, and who were for trial, and he found that, with the
exception of about ten out of sixty-one, the others were able
either to read or write ; or, in other words, that of sixty-one
prisoners, fifty-one were so far instructed as either to be able
to read or write. That strtick him, whether for good or evil,
as a fact well worth attending to. It also appeared that more
were able to write than to read. The fact might not of itself
be of much importance, but if such returns were furnished of
the state of education at every assize, they might, to gentle-
men of experience, afford a means of explaining the causes
which led to crime within the county, and what means were
calculated to check it. He,(Judge Ball) had not any occasion
to detain them by making further observations to them, and
he would, therefore, proceed to take the presentments, while
the foreman and the majority of the grand jury would proceed
to dispose of the bills which would be sent up to them.
The case in which four men are in custody for the wilful
murder of the late Mr. Scully will not, we understand, be
prosecuted at the present assizes.

so unobjeCtionable as that one.
In his opinions that gentleman was entitled to repre-
sent England and its interests, not only on
account of his uniting the high character of an
English gentleman with that of an eminent officer,
The Noble Lord had said that the three protective
Powers were entitled to claim a Constitution for
Greece. More than that, the King himself had ten
years ago promised to give a Constitution, and it
was by virtue of that pledge he continued to govern
that tine and glorious country. He believed that a
grosser system of tyranny was exercised in that country
during those ten years, than in any other country in
Europe for a century. He would not stop to inquire
whether whathad happened on the 15th September was
worthy of the name of a revolution ; but it was of
such a nature as to recommend anything even bear-
ing that name, to him. He should no go along with
his Gallant Friend in saying that it was a military
movement. He believed the revolution was prepared
by the scarcely endurable despotism of the King—
(Hear, hear)—and that the soldiers shared, but did
not lead the feeling of the country.—(Hear, hear.)
Sir H. DOUGLAS explained.
Mr. B. COCHRANE replied.
The motion was then agreed to.
THE PORTE.

Mr. M. MILNES, in rising, according to notice,
"to call the attention of the House to the present
state of criminal jurisdiction over British subjects
within the dominions of the Porte," said he must
found his justification for bringing forward his mo-
tion, on the enormous practical importance of the
question. He knew how very few Members took any
interest in what were called foreign affairs, proceed-
ing from circumstances on which he would not then
dilate. And when to these circumstances was added
the one that there was no representative of the foreign
department of the Government in that House, and
that any one wishing to bring forward such a motion
could not do so without great trouble to the Right
Hon. Baronet at the head of the Government (Sir
Robert Peel) he should not have felt himself
authorised in his present course were not
his object one of great acknowledged importance.
The inhabitants of Malta were an industrious popu-
lation, and so were the inhabitants of the lonian
Islands; and coould it be expected that they
would not do all in their power to obtain
the regeneration they looked for ? He
traced the treaties that had been made between
eastern countries and the nations of Europe, from
the time of Charlemagne to the days of Henri IV.
of France, showing that the jurisdiction over
delinquents was exclusively vested in the Consuls of
the nation to which the culprit belonged. Having
obtained these stipulations from the Porte, ought they
not to have submitted them to some competent autho-
rities of their own.

(LEFT SPEAKING.)

IRISH ASSIZES.

THE MURDER OF ADJUTANT MACKAY, OF THE

5Th FUSILIERS.

At the Tullamore assizes, on Saturday, George Jubee was
arraigned for the murder of Robinson Mackay, on the 11th
of August last, by shooting him in the right side of the back
with a leaden bullet.

The SOLICITOR-GENERAL conducted the case for the prose-
cution. The evidence was precisely the same as that given
on the coroner's inquest.
Mr. GORMAN, who was assigned as counsel for the prisoner
ositehdet hfaeejtuorir thei aCvery ingenious speech, calling atten-
tionrown not having attributed any ade-
quate motive to the prisoner for the commission of the mur-
der,addr te
from which he argued, that if an individual committed
an act that in his sound mind he must know would bring him
to condign punishment, and did not attempt to fly after its
commission, could it be said that man was in possession of his
reason at the time ? If any individual in that Court assas-
sinated a fellow-creature where these was no possibility of
escape, could they doubt that that man at the time was la-
bouring under temporary insanity? He did not attempt to
fly or shelter himself, but stood there with his musket between
his legs. There was no disputing the facts of the case ; and
he would submit to them that they should consider delibe-
rately the state of the prisoner's mind at the time of the com-
mission of the act.
No witnesses were examined on the part of the prisoner.
The CHIEF JusncE charged the jury, who retired for a
few minutes, and, on their return into Court, handed in a
verdict of " Guilty."
Clerk of the Crown—Gaoler, look to your prisoner. George
Jubee, what have you now to say why sentence of death and
execution should not be awarded against you according to
law ? The prisoner made no reply.
The CHIEF JUSTICE then passed sentence of death in the
usual form.
-

The unfortunate young man was immediately removed
to the condemned cell, where he has passed the greater
part of the time in prayer. The poor fellow is extremely
penitent and resigned. The day for his execution will not
be named until the close of the assizes.
KING'S COUNTY.—TumAmong, MARCH 10.
MURDER OF LORD NORBURY.
The Crown Counsel, including the Solicitor-General, held
a consultation respecting the expediency of proceeding at the
present assizes with the prosecution for the murder of Lord
Norbury. At first it was rumoured that the had determined
to go on, and to apply to the Court to fix Wednesday next
for the trial ; but it is now stated very confidently that the
case will be postponed until next assizes. Some witnesses
summoned from England have already arrived. One of the
witnesses for the Crown i I the steward of the murdered noble-
man ; but that person, understand, has not yet reached
Tullamore.
THE MURDER OF MR. GATCHELL.
Thomas Dowling, charged with the murder of Mr. Thomas
Gatchell, is to be placed on his trial to-morrow.
MARCH 11.

The Solicitor-General is still here, and upon inquiry of
him this morning, with regard to the Norbury case, he
stated that the Crown had not even then finally resolved
upon the course which they would pursue. I believe they
are waiting for the arrival of some of the Norbury family
from England, whom they think right to examine should
the trial bo proceeded with. There are the most extraor-
dinary rumours afloat here with regard to the matter, which
it would be improper to mention pending a trial. The names
of the two men to be tried are Dolan and Gill ; they were
both in the employment of Lord Norbury at the time the
murder took place, one as a farm-labourer and the other as a
shepherd.

he Royal family of Prussia, one of the three par-
ies to the conference, by which the independence
of Greece was established, and it was a fundamental
condition of that alliance that neither one of the
three Royal families should give a succession
to th.e Throne of that country. It was
their intention to make Greece independent of
these three powers, therefore it was another
objection to this article of the Constitution
that it would drive the Greeks to choose a successor
from the Imperial family of one of their contracting
parties to the treaty. Be trusted the Governments
of Es 'gland and France would use the influence they
were entitled to exercise to obtain a modification of
this article. He was delighted to hear the tes-
timony that had been borne by the Hon. Member
for Bridport to the conduct of that distinguished
offivcer and diplomatist, Sir Edmund Lyons. Through-
out;o all the transactions in which he had been en-
gt'ed uraibale to Greece,
himself h i his n
dc conduct duct had been
equallyun
lioa
advantageousto theco
try. They had him appointed
under peculiar respon-
sibiditii3S. Though he was distinguished as
an able officer, he had
in • never before been engaged
bplernacy, and he was glad that the result had
justjfied their judgment. He was glad •
that the Right
Hon. Baronet had agreed to give the pa
for. Ile thought that the Hon. Member
rwpeorus mldexer-
cise a. sound discretion in leaving it to the Government
to ma ke such a fair selection as they might consider
might be done without detriment to the interests of
the po. blic service.
Sir R. PEEL trusted that the House would not
draw :any inference from his silence on particular
points of the Greek Constitution. The religion of
trxe successor to the throne of that country was a point
that had not escaped the attention of the Govern-
ment. It had occupied its full consideration,
but hey believed the Noble Lord would concur with
him in considering it to be unwise in entering
upon the discussion of that question at present.
The /sT, able Lord took some credit to himself, and
justly moo, for the appointment of Sir Edmund Lyons.

TRIAL FOR MURDER.
At ten o'clock this morning, Chief Justice Doherty took
his seat in the Crown Court, and, after the grand panel was
called over, three brothers, named Thomas Gilligan, James
Gilligan, and Christopher Gilligan, were arraigned for the
murder of John Fuller, which took place at or near Bally-
cumber, on the evening of the 29th of August last.
Mr. GORMAN, counsel for the prisoners, stated that by ar-
rangement with the Crown, he would only ask forty IPeremp-
tory challenges on the part of the three prisoners, although,
in point of law, they would be entitled to twenty each.
We believe that this course was adopted to prevent the
Crown trying the accused separately, which they would have
a right to insist upon if they thought proper.
We may here state, that amongst the first hundred names
on the jury panel there are but eight Catholics. -
The SOLICITOR-GENERAL stated the case very briefly, and
then called witnesses.
It appeared that the son of the deceased and the prisoners
had had a difference previously; that on the night in ques-
tion a scuffle occurred between the parties, in which the elder
Fuller was so severely iujured by a blow that he died in nine
days after.
- The jury brought in a verdict of manslaughter.
His LORDSHIP passed the sentence of transportation for life
on the prisoners.
FINDING OF THE BILLS FOR THE MURDER OF LORD NORBURT.
The expected witnesses in the Norbury murder case ar-
rived here,
be-
fore the grand jury, which came down at half-past three
found. to-day, at two o'clock when bills were sent
jury,lt is said that one of the sons of Lord Norbury, their agent
Mr. Garvey. the house-steward, and several of the servants
who were at Durrow Abbey when the murder was com-
mitted, are amongst the witnesses who arrived here to-day.
Besides the Solicitor-General and the whole host of Crown
counsel who are to prosecute, Mr. M‘Donagh is engaged on
the part of the next of kin.
ARRAIGNING OF THE PRISONERS.
At four o'clock, John Gill.anQPeter Dolan were-put to the
bar, and arraigned for the wilful murder of Hector Toler,
Earl of Norbury, on the Ist of January, in the second year
of the reign of the Queen. The prisoners were in the garb of
and
da Gill
yb y
a s
common labourers, and each appeared about 32 years of age.
They pleaded Not Guilty. If the trial for the murder of
Gatchell ends to-morrow,- the Norbury case will be tried on
Wednesday—if not, on Thursday The most intense interest
exists with regard to it. Dolan is charged as the principal,
the
ePRPiEghRt Hon. Judge
(SOUTH
BaILRIDING).
an accessory before the fact.
CL°NmELI MARCH 9.—The Commission was opened here
this