The Sun.
London, England, 1842-07-07 00:00:00

THE SUN, LONDON, THURSDAY EVENING, JULY 7, 1842

LAW INTELLIGENCE.

HOUSE OF LORDS.-(THIS PAY.)
The House sat to-day to hear Scotch appeals, The Peers
present were the Lord-Chancellor, Lord Brougham, Lord Cot-
tenham, Lord Campbell, and the Bishop of Chichester.

THE REV. JOHN FERGUSSON'S EXECUTORS V. THE EARL OF
XINNOUL.-THE AUCHTERARDER CASE.

This case came before their Lordships upon appeal from the
decree of The Court of Session, confirming the judgment in an
action {brought by the respondent. The facts of the case,
which have often been before the public, may be thus shortly
stated. In 1834 the parish church of Auchterarder having be-
come vacant by the death of the Rev. Charles Stewart, the Earl
of Kinnoul, as patron, presented the Rev. Robert Young
to the living, and thereby required the Moderator and the Pres-
bytery of Auchterarder to make trial of his qualifications to fill
the office, and if they found him fit to perform the duties, to
admit him to the office. Several meetings of the Presbytery
took place, and ultimately on the 7th of July, 1835, they re-
fused to make trial of the qualifications of Mr. Young; upon
this that gentleman instituted proceedings against the Presby-
tery in the Court of Session, and that Court declared that
Mr. Young had been legally presented to the church of Auchter-
arder, and that the Presbytery were bound to make trial of his
qualifications, and that their having refused to do so was an
illegal act. Sometime after this a memorial was presented
to the Presbytery, stating the judgment that had been pro-
nounced by the Court of Session, and asking them to make re-
paration for the injury they had inflicted, by admitting Mr.
Young. They still, however persevered in their determina-
tion not to make trial of his qualifications, stating as
their reason for doing so, that the majority of the male
heads of families, communicants in the parish, dissented
to his appointment. That memorial was presented by
the Presbytery of Auchterarder to the Synod of Perth
and Stirling, and by that Synod it was transmitted to the
General Assembly of the Church of Scotland. That As-
sembly upon consideration approved of the course adopted by
the Presbytery of Auchterarder, and dismissed the memorial
of Mr. Young. The case was then brought on before the
House of Lords, and that tribunal affirmed the judgment of
the Court of Session, finding that the Presbytery of Auchterar-
der had acted illegally in not admitting Mr. Young to that church.
After this decision another application was made to the Presbytery
to admit Mr. Young, but on their still refusing to do so, other
legal proceedings were taken, which ended in an order on the
Presbytery of Auchterarder to pay to the Earl of Kinnoul the
sum of 5,0001., and to the Rev. Mr. Young 10,0001., as da-
mages • and against that decision the present appeal was
brought, on:the behalf of the majority of the Presbytery of
Auchterarder.

The ATTORNEY-GENERAL and Mr. PEataxwrox, who were
counsel for the appellants, contended that the proceedings that
had taken place in the Court below were perfectly novel, not
only in the history of Scotch law, but in that of the law of every
other nation, and that therefore it was not competent to bring
such an action as had been instituted, hut that even if it was,
at all events no such action could be maintained unless there
was an averment and proof of express malice on the part of the
individual members of the Presbytery of Auchterarder, who
had refused to take Mr. Young's qualifications into consideration.
The Solicitor-General and Mr. Stuart Wortley were counsel
for the respondent.
The arguments on behalf of the appellants were proceeding
when our Evening Edition went to press.

SHERIFFS COURT.-(THIS DAY.)

FISHER AND OTHERS V. THE EARL OF DUNDONALD.

This was an action brought by the plaintiffs, who are the
executors of the late Mr. James Fisher, the eminent army
clothiers of Duke-street, St. James's, to recover of the defen-
dant the sum of 145/. 14s. 9d., with interest thereon from the
9th December, 1539.

Mr. Clifford, the solicitor for the plaintiffs, being sworn, de-
posed that he was instructed to apply to thedefendant's solicitor
for the settlement of the account; as he could not obtain it he
applied to the noble defendant by letter on the 19th of list
March, requesting payment should be made with interest be-
fore the following Wednesday, and received an answer, dated
2, Victoria-square, Pimlico, 22d March, requesting him (the
witness) to stay the proceedings until the latter end of April
or beginning of May, as he (the defendant) could not sell some
stock in the French funds before that time. To the best of
his belief the letter is in the noble defendant's handwriting.
By Mr. Under-Sheriff BURCHELL—What interest do you
charge, 4 or 5 per cent. ? Witness—Five per cent., as the
debt has been standing so long.
The UNDER-SHERIFF—You cannot do so legally; it is for
the Jury to consider whether they will give such a large amount.
The Jury deliberated for a few moments, and returned a
verdict for the amount claimed, with interest at 5 per cent.,
making 157/. 10s. 6d.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.

(Before Mr. Baron GURNEY and Mr. Justice WILLIAMS.)
THE CASE or NICHOLAS SUlSSE.—Nicholas Suisse %as
again placed at the bar to-day. Previous to the reading of the
indictment,

Mr. THESIGEP. applied, on the affidavit of Mr. Wm. Whit-
hall, the attorney, for the defence, to have the case put off in
consequence of the serious illness of an important witness,
whose evidence was most material ; he alluded to Thomas
Foote, who had been a fellow-servant of the prisoner's in the
employ of the late most Noble Francis Charles Marquis of
Hertford. To the affidavit were annexed certificates from 3lr.
T. Watson, aphysician, and Mr. T. Peter Puller, the surgeon
and apothecary, who was examined yesterday. He ( M r. Thesiger )
after a consultation with his Learned Friends, had come to the
conclusion, very much against his own desire, that he could not
safely proceed to trial without the evidence of the said witness.
Mr. KELLY opposed the postponement on the ground that
the affidavit should have been put in yesterday.
Mr. Baron GURNEY granted the application, and the case
was postponed till the 24th of August next._.

HIGHWAY ROBBERY BY A SOLDIER.-Thomas Robertson,
aged 21, and J. Patterson, aged 24, privates in the Ist bat-
talion of Scotch Fusilier Guards, were placed at the bar,
charged, the termer with stealing from Mr. Edmund Lea one
watch, value 151., and the latter with feloniously receiving the
same, well knowing it to have been stolen.
Messrs. Phillips and Clarkson conducted the prosecution, and
the prisoners were undefended.
It appeared from the evidence that, as the prosecutor was
walking across Hyde- ark, about half-past nine on the 28th
June last,- a soldier, whom the prosecutor could not recognise,
accosted him, and accused him of having interfered with him
whilst with a girl. The prosecutor denied all knowledge of the
affair, and after some words a tussle ensued, the prosecutor was
thrown on the grcund twice during the scuffle, after which he
made his escape. He had not gone far, however, before he
ascertained that he had been despoiled of his watch. Robert-
son was observed to enter the barracks shortly after ten o'clock
on the night in question, and appeared to be in a great perspi-
ration. He showed the watch to several of his comrades and
said it had been given to him. Paterson was afterwards seen
with the wateh, but there was no evidence to show that he was
aware the watch had been stolen, nor was it pretended that
he had been near the spot.
The prisoners in their defence merely stated that they were
not guilty.
Captain Seymour, of the Scotch Fusiliers, gave both pri-
soners an excellent character.

Mr. BARON GURNEY briefly summeef' up, and the Jury after
a short deliberation, returned a verdict of "Guilty" against
Robertson, and acquitted Paterson.
Robertson was sentenced to be transported beyond the seas
for the term of 15 years.
DISGUSTING CA SE. Thos. William Neatherstreet, de-
scribed in the calendar as " labourer, 19," but who did not
appear to be above 15 years of age, and was anintelligent looking
youth, was charged with feloniously assaulting, and carnally
knowing Esther Maskell, aged three years, on the 18th of June
last.

The child's age precluded her from being examined
before the Court. but the case was fully made out by the
evidence of the child's mother, and Mr. Davenport, a surgeon,
who, from an examination of the person of the child and the
prisoner, was perfectly convinced, in his own mind, that the
prisoner had effected his object. The prisoner, too, when
asked whet he had been doing, said that he had been doing
that which he ought not to have done ; he was very sorry for
it, and if allowed to go would never do the like again.
Mr. Juitice WILLIA ms having summed up the evidence,
The Jury almost immediately returned a verdict of Guilty,
and the prisoner was sentenced to be transported beyond the seas
to such place as her Majesty, bi and with the advice of her
Privy Council should direct, for the term of his natural life.

THE ANTI-CORN-L AW
CONFERENCE.
(THIS DAY.)

The meeting of the Delegates of the Anti-Corn-law
Conference was resumed this morning, at the Crown and
Anchor Tavern.

P. A. TAYLOR, Esq., took the chair shortly after
eleven o'clock.

The CHAIRMAN said, it might be well to announce
that the Conference was open to the public, as spec-
tators and hearers, though not as speakers or voters.
He mentioned that in order that, through the press, it
might go forth to the public. He had reason to believe
that many gentlemen who were absent yesterday would
have attended the meeting, had they not thought that
some process of ticket getting would be necessary to
secure their admission.—(Hear, hear.) He wished also
to announce, that they would that day be occupied
ix endeavouring to convey to the public a just
though it must be a very faint idea of the sufferings
which were now felt in the manufacturing districts of
this country. It was doubtless tedious and fatiguing to
hear hpur after hour the reiteration of misery from the
mouths of the various Deputies, but it was a most im-
portant part of their duty. Nothing would act upon the
public mind and the public sympathy so strongly as the
honest representation of deep and unmerited distress.—
(Hear, hear.) Many gentlemen had yesterday expressed
an anxious desire that the meeting should proceed to the
discussion of the remedy to be provided tor the suffer-
ings of the people ; and as it was desirable that every
gentleman should have an opportunity of expressing
his opinions on this subject it had been arranged that
until two o'clock the meeting should be engaged
in hearing general statements of distress, and that atter
that time they should proceed to the consideration of
remedies, when any gentleman would have an opportu-
nity of expressing his sentiments.—(Hear, hear.) The
Rev. Dr. B•unner had received some letters from the
country, which he would read to the meeting before the
regular business commenced. Before he sat down he
begged to suggest to the meeting a topic of congratula-
tion, namely, that the Times newspaper, whose blame was
praise, after being so long silent upon their proceedings,
had that morning done them the honour of abusing
them.

The Rev. Mr. BONNER then read the following let-
ters :

My dear Sir—l have just time before'the post goes, to write
you two or three lines. I am just returned from Dudley, and
I find they are now getting as bad off as their neighbours ; two
tradesmen (both extensive businesses), one a draper, and the
other a grocer, have closed to-day, and the Sheriff's-officer
told a friend he had eight writs to serve yesterday.
While I have been from home, considerable parties of the
colliers and miners have called to solicit charity ; they come in
bodies of seven or eight, and will not go without relief. The
consequence has been a meeting of a few gentlemen, and just
now Mr. Richard Thompson end Mr. William Bowen called
for my signature to a memorial to the Board of Guardians and
Poor-law Commissioners to relax the In-door relief clause, and

give more liberal out-door relief immediately I It is signed
by about 100 tradesmen already. Mr. Thompson said—" We
are in a most alarming state, and if something is not done, the
men will take it where they can find it! !' So many have
been with Mr. Pratt, the Relieving-officer, and they are so de-

tPrmined in their demands, he has to-day been obliged to have
three of the constables at his door to protect him, and keep the
people quiet.
You may tell them in London, if this neighbourhood once
rises, the food-tax will come off, and bring everything else
with it. Excuse haste ; but twenty-four hours have advanced
events in this neighbourhood, and another twenty-four hours
may do something more. Yours very truly,
R 0 ERT BEW.

Bilston, July ts, 1842, Half past eight o'clock, P.M.
Dear Friend,—You will be surprised, no doubt at receiving
a letter from me, you having left the town so lately, but the
distress of this town and neighbourhood is increasing so rapidly,
that I thought a few lines would not be thought amiss. Since
you left, Mr. Riley's three furnaces are put out of blast, so that
the unemployed have much increased, and the town is inundated
with starving people. Yesterday they surrounded the Reliev-
ing-officer's house for help, to such a degree, that it was thought
necessary to procure the help of all the constables to keep the
peace. lam glad, however, to be able to inform you that.
nothing serious has yet occurred, except it be the alarm which
such scenes are calculated to inspire.
You will see by the enclosed address to the Guardians, that
the town is doing all they can to meet the distress and to keep
the people from actual starvation ; but this can only be tempo-
rary. To soothe their minds, they have been informed that a
deputation i 3 gone to London to press upon the Government the
necessity of repealing ,the Corn and Provision-laws, and to
open the ports to free trade. Surely this is not too much to
ask when a nation is starving from dear food and scarcity of
employment. Hoping you and the Deputation every success,
I remain, Dear Sir, your's truly,
Bilston, July 6,1842. G. BARRON.
The following was the address to the Board of Guar-
dians :
TO THE WOLVERHAMPTON BOARD OF
GUARDIANS.

Gentlemen, We, the undersigned inhabitants or rate-
payers of the township of Bilston, truly aware of the very great
distress produced among the working classes of the district, by
the unparalleled stagnation of trade, especially the coal and
iron trades, feel it our duty to urge upon the Board of Guar-
dians, in the strongest terms we can, the necessity of affording
a liberal out-door relief to the unemployed and their families,
during the continuance of the present depression. We cannot
but feel deeply the lamentable condition into which numberless
poor families in the township are at this moment plunged, a
condition very cl,isely bordering upon actual starvation ; and we
therefore sign this memorial in testimony of our willingness to
bear the burden of any extraordinary rates which the liberality
we now urge upon the Board may occasion.
Bilston, July 5, 1842.
This address was signed by the leading Conservatives
in the town, gentlemen of the highest respectability,
bankers, magistrates, and other persons a weight and
influence in the town,

Mr. G. BEAcos requested to be informed whether any
communication had been received from Sir IL Peel or
the Duke of Sussex?
Mr. G. THOMPSON replied that no communication had
as yet been received either from his Royal Highness or
the Prime Minister.

The Rev. W. FERGUSON, of Bicester, then rose to ad-
dress the meeting upon the condition of his own district.
From the inquiries which he had made, as well as from
his own personal observation, he was convinced that the
distress of the country was not confined to Manchester,
Leeds, Newcastle-upon-Tyne, or in short, to the whole
of the manufacturing districts, but that it extended
equally to the rural districts. The best field-labourers
in his own neighbourhood received about Gs. per week ;
that was the average wages, including lost time. The
condition of the poor in general was most painful to
witness ; the privations they endured were incredible.
On entering the house of a poor man a few days since,
he found that all that the family had to sit upon was
a stone. There were no beds in the house, and the father of
the family was without a shirt. On calling a second time,
he found the poor woman, who was the mother of the
family, pouring cold water upon mouldy bread, and when
he gave them a trifle she thanked him, and said she had
been praying all day to God to put it into the heart of
some person to give them half a dozen potatoes to keep
them from dying. It was his belief, that the distress
which prevailed so universally was mainly to be attri-
buted to the present Corn-laws. He would thus define
the onward march of the ruin to which this country
seemed to be hastening :—positive, Corn-laws ; compara•
Live, starvation ; superlative, death.—(Hear, hear.) Let
them reverse this present system, and they might then
adopt the following motto :—positive, free-trade ; com-
parative, comtnercial prosperity ; superlative, universal
peace. The monopolists could not say that the distress
was partial, for it extended 0 every part of the country,
—to die agricultural, no less than to the manufacturing,
districts.
Mr. SYDNEY SMITH begged leave to interpose for a
moment, for the purpose of reading a Report which had
been communicated to him by a friend, and which he
had been particularly struck with. It was a Report
which had been put into his hands by the Secretary of
the Uxbridge Anti-Corn-law Association. It had been
drawn up by an individual who did not wish to give his
name, so complete was the reign of terror in that neigh-
bourhood ; but it was well calculated to show that deep
distress prevailed in an agricultural district, even in the
vicinity of the metropolis. Mr. Smith then proceeded to
read the following communication :---

Uxbridge, Middlesex.
Generally speaking, the trade is exceedingly depressed, all
loudly complaining, more or less, of the alarming prospects, but
a very small proportion may be said to be doing even tolerably
well. One grocer, on being questioned said—" Where I used
to take 20!., Ido not take 5/." Another said—" I used to be
able to make a comfortable living for my family, but now I
cannot make ends meet." The Metropolitan police not having
been extended to Uxbridge above a year or two, no return can
be made.

1835, bricklayers' wages, 1/. 2s. ; 1842, 1/. 2s. In the former
year good employ and many at work. Where sixteen found
full employ in 1835, not more than four or five scantily in 1842 ;
average earnings less by 3s. or 43.
1835, tailors from 11. 1/. weekly, to 11. 4s. 6d. ; full work for
many hands. 1842, wages same ; not the same employ ; not
more than one-third of the hands employed ; and those, through
not having full work, have a difference in their incomes of
from 4s. 6d. to 6s. or 7s. weekly.
1833, carpenters' wages, 11. 2s. 184 same when in full
work. Average employment as compared with 1835 about the
same as bricklayers. 'Number of hands employed in buildings,
as carpenters, bricklayers, &c., in 1836, 177 ; in 1842, 76 ;
showing a falling off of 101 individuals. Every other kind of
employ
is proportionally diminished.
1835, Shoemakers and cobblers from 1 Is. to 15s. weekly ;
in 1842 from 9s. to 15s. The latter sum is, however, rarely
earned, through lack of employ. The average may be taken
at from is. to 135., the nature of the employ making the differ-
ence. Very few have anything to do at the beginning of the
week. _ .

Airicu'tural labourers from 9s. to 12s. ; during hay-time
and harvest from 15s. to 18s., but this is only for a short time,
and it seldom reaches the full amount because of deductions for
rainy days. Some weeks they are glad to earn 45., and this
has to support a wife with three or four children. This class
of people suffer extremely; no class more so in England.
During the winter, in its most extreme state, some are for days
without tire. Instances have been known last winter where
families have been without fire for three weeks together, and
many go without food for days.
If it had not been for the
charitably-disposed last winter
many must have been starvtd
ts, death. The peasant seems to look at it as a matter of course,
and resigns himself to it accordingly. He is frequently driven
to poaching, plundering hen-roosts, gardens, and orchards.
His first child is brought into the world by charity, its first
clothes are given by charity ; as it grows up, and is able to run
about, lie is taught to go out and beg the remains of the tea and
coffee-pot; and, if a girl, is frequently driven to prostitution in
order to get a morsel of bread. It is no uncommon thing for
parents to permit their daughters to be
guilty
of unchastity for
hire—nay, to sanction it, and receive the proceeds of their
children's shame. Ile dare not comPlaih*
The farmer and the
owner of the soil have him entirely in their power. Should he
speak, there is either the tread-mill or the union.
In 1835 the quartcrn loaf of 41b. 6oz. sold for 6d. and 7il. ;
in 1842, 9d. for the 41b. loaf.
In 1835, beef from sd. to 7d. ; mutton, 4d. to 6id. In 1842,
beef from Bd. to 11d. ; mutton, 7d. to 9u.
An intelligent joiner, in contrasting his earnings and the price
of provisions in 18:05 with the present year, states, that to make
up the difference it requires 14s. or 155., placing everything on
au equality.
Mr. G. TuomrsoN said that lie wished to read a por-
tion of a letter he ha.d received from Wales, which -would
knd to confirm the statements of the Rev. Mr. Fergu- ,

son, and Mr. S. Smith. Mr. Thompson then read the
following communication:— _

Maisypandy. July 4, 1842.
The state of tho poor is certainly in this part getting worse
weekly. The markets are rising, particularly corn. Barley
sells now for 2/. 2s. per quarter; wheat, 31. 15s. ; oatineal,
41. ; and the highest average wages now, in the harvest,
amongst the agriculturists is 9s. 6d. per week, upon their own
victuals. Poor-rates are increasing in a frightful manner, and
the country is fast falling.
On the other side I send you a statement which was laid be-
fore us in the Dolgelley Board of Guardians later, concerning the
parish of Dolgelley. It contains about 4,200 inhabitants. A
parish vestry was lately held to hear appeals against paying
poor-rates on rateable premises. Such vestry uedto be held
every year. The appellants all pleaded their inability, on ac.•
count of poverty. So many applied this year. The books for
the last four years were inspected, and the following was the
result sent to the Board

In 1838 was excused to the amount £42 0 0
1839 . 57 0 0
1840
14
1841 «
1842
Such statement plainly proves that this part, as well as
others, is fast sinking. Wool is almost unsaleable here, and
the mountain farmers are fast falling, as they almost all are obliged
to buy corn, above half the quantity they consume; and thus
tithe (being commuted for) is rising, because the corn is
rising; the wool and lambs are falling in price and the
tithe rising ; and the corn they buy fur their own consumption
also rising, which you plainly see falls doubly on the poor
hard-working farmer. What? Oh, what will become of us,
if the present inhuman laws continue to exist.
G. EVANS.

W. NELSTHORPE, Esq. Mayor of the borough of
Stockport, was then called upon by the Chairman, and
addressed the meeting. as follows :—ln endeavouring to
lay before this meeting a statement of the distressed
condition of our borough, I must say that I feel myself
quite inadequate to the task. But this meeting may rest
assured of one thing, that it is impossible for me or any
other individual, to paint it in too black colours. I will
endeavour, as briefly as possible, to give you a general
statement of our condition, and then leave to the
hands of Mr. Foster, the Chairman of the Board of
Guardians, a more minute account. At the latter end of
last year the distress of our borough had arrived at such
a pitch that the charitable, and those that had it in their
power, could no longer stand still and look on without
making!an effort, at least, to mitigate the distress that sur-
rounded them; a public meeting was held, and a subscrip-
tion entered into, and we raised amongst ourselves, and
from gentlemen at a distance, a sum exceeding 4,0001.
I ought to state that we received a considerable sum
from the Manufacturers' Relief Committee in London ; a
short Report of the condition we were;then in will be
found in the following circular :
Stozkport, December, 1841.
The borough of Stockport, the working population of vk hich
is engaged almost exclusively in this manufacture, has suffered
in common with other towns, from its general and long-conti-
nued depression. . . . .. .

The distress so occasioned has been increased to an extent, it
is believed, beyond that of any other town, by special and pe-
culiar circumstances of a local influence.

We allude to the entire stoppage of some of the largest esta-
blishments in the town and neighbourhood, by which several
thousand persons have been thrown out of employment, who
still remain without any prospect of being able to return to it.
Of the establishments at work, a great part are so only par-
tially; and the working of short time (that is of four days per
week) has been continued to a greater or less extent since
May last.
Upwards of one-third of the horse-power in the town and
neighbourhood is unemployed, which, if at work, would give
employment to more than 4,000 persons. It is believed that
there are, altogether, about 5,000 operatives of various trades
unable to.obtain employment.
The consequences of this suspension of labour are extensive
loss and suffering among all classes dependent upon trade, and un-
exampled distress and privation among the working population.
This distress, heightened as it now is by tLe- sevet ity of the
weather, has arrived at a pitch of which it is impo.sible to
convey any adequate idea by mere statistical information.
The Poor-rates have regularly increased, and are now become
a serious drain upon the diminished resources of the compara-
tively few who are able to pay them.
Families, two or three together, are crowding into one house,
or leaving their cottages for cellars; some are quitting their
native land ; numbers, having exchanged all but the last ar-
ticles of their wearing apparel for the means of sustaining life,
are on the verge of destitution ; honest men, willing to work,
are compelled with their entire families to become street men-
dicants, or to live, day by day, on the precarious charity of
their neighbours ; and besides an increase of disease arising in
a great measure from a deficiency of food, many, it is to be
feared, are literally starving to death.
Of 15,823 individuals inhabiting 2,965 houses, lately visited
under the direction of a Committee appointed for the purpese,
1,204 only were found to be fully employed, 2,866 partially
emyloyed, and 4,148, able to work, were wholly without em-
ployment.
The average weekly income of the above 15,823 persons was
Is. 43/4d. each.
The average weekly wages of those fully employed were
7s. 61/td. each.
The average weekly wages of those partially employed were
4s, 714 d. each.
On behalf of the Committee, we are, yours most respectfully,
WILLIAM NELSTROP, Mayor, Treasurer.
SAML. R. CARRINGTON
JOHN D. FERNLEY, Hqn. Secretaries.
And since then the distress has increased, and none of
the mills then standing have been set to work ; in fact,
Gentlemen, there is not the (I had almost said) least pos-
sibility, for our poor-rates have gone on increasing to such
an extent that no man with capital and with a grain of
common sense, would come to a town like ours where
the rates are likely to be this year, eight shillings in the
pouud almost on the rack rent. In April last, after being in
operation thirteen weeks, and the funds were almost ex-
hausted, it was found that we have distributed relief as
follows :