The Sun.
London, England, 1845-11-17 00:00:00

rnE s UN,

It may, however, and occasionally does, happen that there
are circumstances connected with this preliminary stage of a
case which are calculated to compromise, eventually, the
great ends of justice, irrespective of the particular case of the
prosecutor or the accused. It then becomes our duty to in-
dicate at once the point from which a result every way so
prejudicial to the course of law and the welfare of society
may be likely to ensue. Such a point, we think, clearly
occurs in the proceedings before Mr. BRODERIP against the
sixteen prisoners so charged with mutiny on board the ship
Tory.
The master of that vessel in his statement enters into
details so confused and unsatisfactory, that he is repeatedly
remonstrated with, in the course of it, by the Magis-
trate, and only excused by his own counsel on the score of
his not having yet got over the protracted excitement he had
sustained, on a long voyage from Ascension Island, through
the avowed determination (and certain overt acts of his
crew tending to confirm it) of the mutineers to take away
his life. The statement having been gone through,
the master is questioned by the Magistrate—first, whether
he intends to charge the whole of the prisoners with mutiny ;
and his answer being assumed to be in the negative (for it
is difficult to determine whether or not such is the fact), he
is asked, secondly, whom he does mean to charge by name
It then appears not only that he has not made up his mind on
this important matter, but he is actually uncertain whether
one of the men, whom he had already described to the Magis-
trate as standing by him and assisting him to make head
against the mutineers, be not the individual who had been
among the most guilty of the offenders ; and he so distinctly
abandons the case against another, whom his previous state-
ment had proved a prominent actor in the scenes of mutiny,
that that accused is desired by the Magistrate to stand out
of the dock ; though being otherwise inculpated, he is to " be
looked after" by the police. Now, when the prisoners are
called on for their defence, one of them enters into a narra-
tive—amply confirmed by most of the others—of the conduct
of this very master himself, the most brutal, the most re-
volting, the most demoniacally ferocious which, we verily
believe, was ever disclosed in an English court
of justice. Of the crimes involved in that terrific
narrative, murder, and the indulgence of the most
inordinate revenge, are the least in degree, the least
appalling in their development. The mutiny is shown
by the narrative of this witness, a man named YELVERTON,
to have been—if we credit his evidence—the actual and in-
evitable result of the ferocity of the master. Inflamed by
habitual intoxication to a pitch of blood-seeking frenzy, to
which the history of such monsters of piratical cruelty and
wickedness as TEACII (or Blackbeard),. or Sir WILLIAM
MORGAN, or any of the buccaneers, French or Spanish, or
Dutch or English, of the seventeenth century,
supplies no adequate parallel ; this very master is
accused by YELVERTON and others of crimes that,
even to contemplate, thrills one's imagination with horror,
and to the bloody details of which a female in the Court, who
had been a passenger by this ship throughout the various
dreadful tragedies whereof it was the theatre, listened with
a degree of attention only interrupted by the sobs and the
tears which their recital occasioned—she volunteering her
testimony, in confirmation of that of YELVERTON, as an eye-
witness of many of the dreadful facts deposed to. A brave
man, the chief mate, stabbed at, cut at, hewn, hacked
and pursued by the drunken maniac of a master, was
stated by YELVERTON and another to have jumped over-
board, preferring, haply, to rush upon his fate in the surg-
ing bosom of the deep, than to linger out a few more
hours of insult, torture, and mutilation under the weapon
of his SP '.-age persecutor. A less to be lamented individual,
was a seaman—first goaded to mutiny—(according to the
defence of the accused,—for the reader will excuse our anx-
iety to impress upon his attention, that we treat these state-
meats not as facts, but as portions of the statements made to
the Magistrate)—and afterwards induced by the master to join
him an intimidating, maiming, and insulting the other sailors
and apprentices, finally became the victim of his implacable
cruelty. Hacked to pieces, while yet living, an inch of the
man cut off every hour, or so, then hauled down to the
masters's cabin with instruments of torture, suffocated or
strangled there, as it is affirmed—and in that condition
brought up on deck and there placed opposite the human
find whom his murder could not satisfy, in order to be con-
templated, gloated over, and made a mark for his naked
cutlass! The name of this vietim is given as MARS. Another
charge against this captain, for there is still another horror
yet but partially unveiled, imputes to him, by construction,
the poisoning of another of his mates. But we will not run
the risk of disgusting the public, by dwelling longer on a
tale of " savagery " which if it be true, but in the main,
sufficiently proves how immeasurably the guilt of human
actions may sometimes exceed all the invention of the most
prurient imaginations. Our purpose is to ask, (1), why Mr.
BRODERIP, having put the prisoner CORDOVIALLO out of the
dock, and thereby established his competence to give evi-
denceagainst the master, did not put the master himself in
the dock, and take the Italian's evidence to any matters
which had been deposed to by YELVERTON ? (2), why
Mr. BRODERIP did not pursue the same course with
regard to the female passenger who tendered her evidence?
(3), Why Mr. BRODERIP, with so extraordinary a case, pre-
sumptive and circumstantial as was before him, did not fee
himself imperatively called on to commit Mr. CLARKSON'S
client—the accuser, Captain JOHNSON, master of the Tory—
to Newgate, or at least to strict confinement and security in
one of her MAJESTY'S gaols, until the day on which all the
prisoners stand remanded, instead of simply contenting him-
self with the undertaking of a police inspector, that the
captain shall be forthcoming? Such an indulgence, under
circumstances of so grave and suspicious a character, was
surely never extended by any other magistrate to a party in
the master's position. What there was in JOIINSON'S case
to merit, or even to excuse such an indulgence, we are
utterly unable to comprehend!

It will be seen from an account given in another part of
The Sun that the controversy between the Press and the Bar
has been brought to the only termination that could have
been anticipated. The question was discussed on Wednesday
at a meeting of Queen's Counsel, held for the purpose, and
the meeting came to the resolution " that there was no ob-
jection to the practice of circuit and other reporting by mem-
bers of the bar." This will enable the gentlemen of the
Oxford and Western Circuit, who passed the " exclusion bill,"
to get out of their difficulties without much dis-
grace, but we hope the result will be a warning
to them and to others for the future against
any similar attempts to inflict an act of great injustice on
the most industrious, though not the most wealthy members
of the bar, and to cast a stigma on every one connected with
the newspaper press. They might easily have seen that such
an invidious, unfair, and uncalled-for distinction would na-
turally excite the hostility of all persons connected with
newspapers—a class by no means to be despised—and that
in a very few months the names of the leading members on
the two expurgated circuits would be entirely forgotten by
the public. We do not rejoice over the victory as a matter
for triumph ; but we rejoice that these gentlemen have seen
the error of their ways, and that they acknowledge the ne-
ce:sity of doing to others as they would wish others to do
unto them.

Accounts from Madrid of the 7th state that the disturb-
ances at Valencia had been completely put down, but that
symptoms of insurrection had been manifested at Saragossa.
Several officers had been arrested, but no outbreak had taken
place. The resignation of General CORDOVA had been
accepted by the Governmen
The Three per Cents. sold for 3N % at GO days, and
3G% % at shorter dates; the Five per Cents., at 25; and the
Debt without Interest, at 81% % for time.

The only article of interest in the Paris papers appears in
the Journal des Debuts. It contains an able and impartial
character, though tinged, perhaps, with a little flattery, of
Marshal SOULT, on his final retirement from the War-office.
The veteran Marshal, whether as regards the length of his
services, or the able manner in which he conducted the
armies of France, or latterly his employment under both the
Bourbon and Orleans dynasty in important places of trust, is
the most remarkable man, excepting, perhaps, the KING
himself, now living in France. By his skilful generalship
at the close of the Peninsular campaigns, and the courage
which he thereby inspired into his troops, it is admitted
on all hands that he gave WELLINGTON more trouble
and caused more hard fighting than any other Gene-
ral during these long and harrassing campaigns.
When in this country full justice was done to him by the
English; nation and to his honour ; even when he spoke to un-
willing auditors, he took care to let his conntrymen know
that a sense of it was indelibly impressed on his heart. We
have therefore much pleasure in extracting this eulogium,
written by one of his own countrymen :—"The KING and
the Ministry have yielded with regret to the wishes of Mar-
shal SOULT to quit the War Department. For the last five
years no person had perceived that age had in the slightest
degree lessened the activity of the illustrious Marshal.
He alone, from scruples which must be respected whilst they
are deplored, has imagined that the time was come to
leave to others functions demanding a vigilance and
assiduity, without any respite. We believe that the youngest
men would End it difficult to equal the zeal and energy of the
old Marshal ; his capacity, which entered into all kinds of de-
tail; that firm will, which foresaw or decided everydifficulty
that vigour of command, which is the first of qualities in a
Minister of War ! Therefore, in the choice of the suc-
cessor to the Marshal, the KING and the Cabinet have
been particularly guided by the desire to find men formed in
some measure under the eyes of the Minister whom the
country and the army were about to lose, who might have
been the depositories of his tradition., and who considered
it a merit to preserve them intact. It was not wished, and
very properly, that the retreat of the Minister should cause a
revolution in the War Department. It is a difficult task to
replace Marshal SOULT, and it will be no so small honour to
cause his retirement to be as little felt as possible. Age being,
besides, the sole motive that determined the Marshal to close
his remarkable and laborious career as administrator, nothing
prevented his preserving the Presidentship of the Council.
His colleagues do not conceal the urgent manner in which they
insisted on keeping him at their head; on the contrary, they
consider it an honour to have done so. The Opposition may
go or. with their indecent jests on his glorious old age. Mar-
shal SOULT has not written, it is true, a Histoire du Conan-
lat de l'Empire,'—he has done better, he has taken part
himself in these events, the immensity of which crushes one
to the earth. His experience in business has been acquired
in the midst of the greatest events of the age. We do not
speak of the authority of his name, but any man would
be fortunate to possess his political glance, so just and
so sure, and often in the discussions of the Chamber a
word from Marshal SOULT weighed heavr in the balance

LONDON,

- -
than whole speeches from others, for it is a most remarkable
circumstance that the old Lieutenant Of the EMPEROR be.
came, when the change of regime demanded it, a true con-
stitutional minister l The Cabinet has therefore rendered
good service to the country, to the Chambers, and to the
Conservative party, in sparing no effort to engage Marshal
&MILT to preserve the Presidentship of the Council. The
Marshal, who would have preferred a complete repose, on
his side thought that he owed a last sacrifice to the wishes of
the KING, and to his attachment for his colleagues. On both
sides, everything in this transaction is honourable and dig-
nified, and we have no doubt that it will meet with general
approbation."
Some of the journals again report that the Government
intends to send, if not an expedition to Madagascar, at
least reinforcements to the French forces in that quarter, in
order to avenge the late repulse at Tamatave. It was ge-
nerally believed at Lorient that two companies of the mas
rine artillery are about to be embarked at Brest, in frigates
armed en flute, whose destination, though not positively an-
nounced, is understood to be Madagascar. The frigates
Pomone and Armide, and the steamer Vauban, from Lorient,
and also a contingent from Toulon, are, it is said, to be sent
on the same expedition, The order for sending to Brest a
company of engineers for foreign service, as announced by
the Moniteur de l'Armee, is probably connected with the
same object.

The Journal du Havre announces the arrival in that port
from Buenos Ayres of the Deux Freres Unis, with the por-
tion of her cargo destined for that place, and which she was
not permitted to land, in consequence of the decree of ex-
clusion issued by Roses. The master of the vessel in his
report estimates the loss by this disappointment at 50,000
frencs, but expresses a hope that the French Government
will insist upon bis being indemnified by the Argentine
Republic.
The Moniteur contains the following announcement rela-
tive to two important new lines :—" The laws relative to the
Paris and Lyons and Creil and Saint Quentin Railroads had
left certain questions undecided, which it was necessary for
the Government to decide before those lines could be adjudi-
cated. These questions having been settled to-day, the
Minister of Public Works immediately decided that the ad-
judication of the Paris and Lyons and Creil and Saint Quen-
tin lines shall take place on the 20th December." This in-
telligence had carAsed much excitement in the share market
joined to the amalgamation which had taken place of the
companies competing for the Strasburg line.
The following is said to be a correct statement of the pro-
portion of shares awarded to each of the companies according
to the arrangement entered into between them by mutual
consent :—Compagnie de l'Est (Hainguerlut), 50,000; Roth-
schild and Co., 22,000; Ganneron's Company, 50,000; Gentil-
Fol's Company, 50,000; Bechet's Company, 20,000; Gouin
and Co. (representing the companies of Odiot, de Hell, and
Arnoux), 33,000 ; Caumont Laforce's Company, 12,500 ; Laro-
chefoucalt-Doudeauville, 12,500: total number of shares,
250,000. It is also understood that the fusion of the Tours
and Nantes Companies is completed, Mackenzie's
_Company
having a fourth part of the whole number of shares, and hay-
ng the appointment of seven directors out of the whole.
A good deal of fluctuation took place in the Funds and
Shares, which closed as follows :
The Three per Cents. 82f. 45c. ; Five per Cents. 117 f. 80c.;
the Orleans Railroad Shares 1,152 E 50c. ; Rouen, 982 f. 50c. ;
Northern, 737 f. 50c.; Havre, 780 f. ; Avignon, 957 f. 50c ;
Vierzon, 701 f. 25c. ; Bordeaux, 630 f. ; Boulogne, 542 f. 50c. ;
Troyes and Montereau, 465 f. ; Basle, 258 f. 75c.; Fampoux,
500 f. ; Spanish Three per Cents., 3814 ; Spanish Domestic
Debt, 3 5 ; Spanish Passives, 7.
The following are the quotations for the new lines :

Paris and Lyons Railroad (Laflitte), 17f. 50c. premium ;
ditto (Caton), 41. ; ditto (Ganneron), 6f.; ditto (Lapin
sonniere), If. 50c.; Paris and Strasburg (Ganneron), I lf.
50c. ; ditto (Ilin.guerlot), 11f. 25c.; ditto ( Bechet), 4f. 25c.;
Aymard, 91. ; Tours and Nantes (Mackenzie), 18f. 50c.;
ditto (Drouillard ), 3f. 50c.; ditto (O'Neill), 9f. ; ditto (Le-
fevre), 21. 50e. ; Lyons and Avignon (Talabot), 25f. ; ditto
(Lecointe). 10f. ; ditto (Compagnie Meridionale), 51. ; Bor-
deaux and Cett e (Mackenzie). lf. ; ditto (Espeleta), 12f. 50c. ;
Creil and St. Quentin (Carette), Bf.; dittoCharleroi (Kysaens),
lf. ; Caen (Delamarra), 3f.
LYONS, Nov. 10.-Marseilles and Avignon, 9351.; Paris
and Orleans, 1,122 f. 50e. ; Paris and Rouen, 935 f. ; Orleans
and Vierzon, 707 f. 50c.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE

LONDON STOCK EXCHANGE, Nov. 14.
Anglo-Belgian — Luxembourg
Boulogne and Amiens.. 9% Madrid and Valentia —
Bordeaux &Mediterran Namur and Liege
Bordeaux and Toulouse North Jamaica ...

Do. & Cette(Espeleta) (Orleans and Vierzon

Do. (Mackeniie's) Orleans and Bordeaux
Central of Spain ..... Over Yssel
Ceylon .

Demerara

Ditto anneron s). 3
rG ,

Dendre Valley ...... ... Ditto (Calm's)... 2%
Dutch Rhenish ... ...... 7% Ditto (Sud Est) —
Dieppe & Paris Janet. Paris and Orleans
Dijon and Mulhouse ... Paris and Rouen . —
East Indian ....- 2% Paris and Strasburg
Fampoux & Hazebrouk (Ganneron's)
Grt Northern of France Do. (Aymards)
(Laffitte's)
Ditto (Rosamel's)
Do. (Le Boeuf ) — Rouen and Havre.—..
Do. (Constituted).— Royal North of Spain. 1%
Do. Pepin le Halleur- Sambre and Meuse ....
Great Paris and Lyons. Strasburg and Basle ...
Great Western Bengal 3/4 Tournay,Jurbise, Lan-
Great Western Canada dent, and Hasselt...
Jamaica S. M id. Junction Tours and Nantes

Do. North Midland... (Mackenzie's) .5
Do. Extension
Jersey — Verona and Ancona....
I,ouvain and Jeineppe — West Flanders 4
Lyons and Avignon....

It is with feelings of great gratification tnat we have read
the report of the proceedings of the Committee appointed to
carry into effect the ball and concert to be given, on Wednes-
day next, at Guildhall, for the benefit of the Ward Schools of
the City of London. We agree with Mr. Brown, the deputy
of the ward, who was chairman on the occasion, in expressing
a hope that the citizens of London, who, to their high honour
be it spoken, have always so zealously supported the balls
and concerts at the Guildhall for the benefit of the unfor-
tunate Poles, " will show at least as much zeal in a work
of charity involving the interests of their own poor."
There seems to be every prospect that such will be the case.
The Lord Mayor requirel to be supplied with a far greater
number of tickets than had been sent to him, of the whole
of which he had already disposed. It appears that the mer-
chants and bankers in all the wards have announced that
they will liberally contribute to the charity; and, no doubt,
the call of the Lord Mayor on the opulent members of the
several wards who no longer reside in the City, will be pro-
perly responded to. We are rejoiced to find the bird
Mayor thus actively engaged in the cause of charity at
the very commencement of his reign as Chief Magistrate.
It is a most auspicious beginning of his Mayoralty, and he
is setting an excellent example, which the other City mag-
nates will doubtless be buf too happy to follow. To con-
clude in the words of the Chairman of the Committee, " we
expect to witness, on Wednesday, one of the grandest spec-
tacles which ever appeared in Guildhall upon one of the
noblest occasions."