The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-03-08 00:00:00

POSTPONEMENT OF THE TRIAL

On Friday last, Mr. Baron Parke took his seat in the
Guildhall, Newcastle ; and, after the customary formalities,
delivered his charge to the grand jury.
On Saturday, about mid-day, the grand jury proceeded to
the consideration of the murder, and, after the lapse of three
or four houri, found a true bill against Archibald Bolam.

MONDAY, MARCH 4.

This morning, Mr. Baron Parke and Mr. Baron Alderson
were both in attendance at the Guildhall,'to hear an applica7
tion which it was understood would be made by the prisoner's
counsel, for the removal•of the trial into the county of North-
umberland. The application, however, went, as the result
proved, much farther than the public were prepared to expect;
the counsel for the prisoner, Messrs. Dundas and Knowles,
having determined to apply for the postponement of the trial
to the summer assizes.

The prisoner was placed at the bar, amidst the deep silence
of a crowded court ; and persons who had known him well
previous to the murder, assure us that his shrunken form
presented a strong contrast to his former condition. He
bowed low to their lordships, and seemed subdued in spirit,
and occasionally during the proceedings shed tears.
After the judges and counsel had discussed, in a low tone
of voice, the proper mode of proceeding,
Mr. Dundas applied for the removal of the c into the
county of Northumberland ; which application as acceded
to as a matter of course. The learned gentleman then went
on to move, that the trial be postponed to the summer as-
sizes, and in support of his motion put in an affidavit made
by Mr. Swinburne, of Gateshead, the prisoner's solicitor, to
the effect that, from the occurrence of the murder, down to
the present time, the public mind, both in Newcastle and
Northumberland, had been in a state of great excitement and
irritation, which had been kept up, and, to a certain extent,
produced by statements and comments published in local
newspapers. In particular, Mr. Swinburne referred to the
NetccastleJournaland the yneMercury. The former of these
papers, in concluding the report of the inquest, remarked :
Though the result of the inquest fixes guilt on an indivi-
dual who has moved in a respectable sphere, and has hitherto
borne an unblemished character, no other conclusion could
be drawn, in our opinion, from the evidence adduced." And
' the same paper, on the 22d of December, made use of the
following words :—" Though there can now be little doubt
that Bolam has stained his hands in the blood of Millie, and
perpetrated the foul crime of murder on his person, the ab-
sence of all probable motive, and the kindness with which he
is known to have regarded his: victim, up to the very period
when the horrid deed was committed, almost stagger belief.
* * * It might have been expected, that, when Bolam
had had time to reflect upon his situation, immured in pri-
son, and branded by a coroner's jury with the foul crime of
murder, he would have at once made a full confession
.qf his
guilt, and sought to make reparation to the bereaved orphans
whom he had cast upon the world."—On the sth of January,
again, the Journal gave a statement, purporting to be the
evidence of a man named Appleton, who was examined sub-
seqUent to the inquest, and whose alleged statements the
editor contrasted with those of Bolam at the inquest, to show
that they were difficult to reconcile ; and . in doing so, the
Journal gave, as a portion of Bolam's statement, words
which were not to be found in the official record of that state-
ment made by the coroner. The affidavit of Mr. Swinburne
proceeded to refer to certain statements made in the Tyne
Mercury, from which the public would be ready to infer a
consciousness of guilt in the breast of Bolam, and which
statements were declared to be untrue. In the same paper
it was also observed, that there was a strong feeling on the
subject in the minds of the yeomanry of Northumberland ;
and it was his (Mr. Swinburne's) decided opinion, that nei-
ther in Newcastle nor in Northumberland could the prisoner
have, at the present time, a fair and impartial trial. Mr.
Dundas, after reading the affidavit, said, that if it could not
tell its story with sufficient force to the hearts and minds of
their lordships, no words of his could do so.

Sir Gregory Lewin (with whom were Mr. Granger and
Mr. Stuart Wortley) rose, on behalf of the crown, to resist
the application of his learned friend. Having dwelt upon the
circumstances that it was only at the eleventh hour that
notice had been received of the intention to move for a post-
ponement of the trial, the learned gentleman went on to say,
that Mr. Dundas had produced an affidavit, in which the
twaddle of an editor was grately set ,forth as a ground for
delay. In what had been quoted, there was nothing to show
the existence of any prejudice against the person charged
with the murder. That there was a strong feeling in the
public mind on the subject was true ; but it did not go be-
yond what the crime committed was likely to excite. The
excitement (if such it could be called) was not of that politi-
cal nature which would operate on the mind of the jury, and
induce them to do from fear what they would not do if left
unfettered. There had been no overt act on the part of the
public to give rise to apprehensions in the breasts of jurymen
for their safety, in case their decision was contrary to public
feeling. If the present case had been analogous to that of
the Luddites, there might be some grounds for the present
application •, but, under the circumstances of the case it was
a libel on the county of Northumberland to say that a jury
of the respectable inhabitants would not return an impartial
verdict. At any rate a longer notice ought to have been
given. It was evident, from a letter published by Mr. Swin-
burne, in reply to the Tyne Mercury, some weeks ago, that
the matters referred to by Mr. Dundas were then under con-
sideration. Mr. Swinburne stated, at that time, that the
prisoner had no wish to have his trial postponed; but, on
Sunday night, at the last moment, he had given notice of
his intention to apply, through his council, for its postpone-
ment. In conclusion, Sir Gregory cited Mead's case in sup-
port of his resistance to the motion ; hut—
Mr. Baron Parke said, he did not think that it was analog-
ous—at least not to any great extent.
Mr. Dundas, in reply, asked if a man was to be "twaddled"
out of his life. Talk of an editor's twaddle ! Was it twaddle
to declare that a man had imbrued his hands in human blood !
In his opinion, it was more like the stab of an assassin's
tongue. His learned friend had complained of having received
no notice till the eleventh hour. But was justice to he deni-
ed, even at the eleventh hour ? It was true that the prisoner
had expressed an objection to delay; but was he (Mr. Dundas),
when he found, on his arrival in the north, what efforts had
been made to prejudice and inflame the'public mind, and when
he saw the irritation which pr-vailed in the district, was be
to permit, if he could prevent it, or would their lordships
sanction, the trial of an accused individual, under circum-
stances which deprived him of a fair and impartial jury ? He
could not consent, nor, he was sure, would their lordships
allow, the life of the prisoner at the bar, to' be thus put unne-
cessarily in jeopardy.
Mr. Justice Pule was unwilling to come to any decision
which might be drawn into an injurious precedent. The pre-
sent, however, was an extraordinary case. Not only had the
evidence on the inquest been published (which was an in-
dictable offence), but comments, had been made in news-
papers, and the case had been the 'subject of printed contro-
versy, even down to the very time of the assizes. Not longer
ago than the 12th of February, it had been stated in the
Tyne Mercury, that the prisoner had expressed a wish to see
a magistrate, but that his solicitor had come in the way, and
no more was said about it. This, of course, would lead the
public to suppose, that the prisoner meditated a confession.
It was also stated in the same paper, that he had made an
assignment of his property to his relations—a statement cal-
culated to give rise to a conviction that he was conscious of
guilt. It was true that the prisoner's solicitor had answered
and contradicted these statements; but the Mercury, in pub-
lishing the answer, had added copious comments. Another
paper (the Journal) had expressed an opinion, that there could
be little doubt that Bolam had stained his hands in the blood
of Millie ; and commented upon the conduct of the prisoner
in refraining from confessing his guilt, and making reparation
to the orphans whom he had cast upon the world. Now
many persons were apt to imbibe their views from the
newspapers ; and that such statements and comments had
been put forth by the press, seemed to to him far towards
justifying the application which liad been made. There was
another circumstance, too, which deserved consideration. It
was the practice, it seemed, in Northumberland, to summon
the jury from the more immediate neighbourhood of New-
castle, at the winter assizes ; and this was an additional ar-
gument for the postponement of the case till summer, when
the jurymen would be brought from a greater distance. Tak-
ing this view of the subject, he would acceed to the applica-
tion ; and he did hope that, in the time to come, no com-
ments would be published in reference to the case. Such
conduct in a newspaper was calculated to defeat the ends of
justice, and was very reprehensible.
Mr. Baron Alderson concurred with' his learned brother,
and said that the prisoner must now be committed to the
county gaol.
Bolam was thereupon removed from the bar; and as he
decended the steps from the prisoner's box, with his face to
the public, he was assailed with yells, hisses, and execrations,
which (some of the counsellors near us remarked) spoke
more strongly than Mr. Swinburne's affidavit in favour of
Mr. Dundas's motion.

SPORTING INTELLIGENCE.

MANCHESTER-TUESDAY EVENING.

There were so many attractions during last week to the
shores of the Mersey, that it cannot be wondered at if remark
upon turf speculations were superfluous, and business in a
very great measure superseded. Since that time, however,
there has been a return to the regular and daily speculations
of the racing events now so rapidly drawing on. For the
Riddlesworth Stakes, which will be decided on Monday three
weeks, there are layers of 2 to 1 on the Derby crack; takers
of 3, or even betting his lordship don't win Monday's event
with the great favourite, and Tuesday's stakes with Ilderim.
The two first favourites for the Chester Cup have again
changed places. King Cole's party, from the doings at
Liverpool, regained spirit, and several bets have been made
since at Bto 1. To-day it was offered, probably owing to
there being an impression that further commissions were in
the market in favour of Mr. Ferguson's horse. lon has
been in considerable force, and 15 to 1 was taken yesterday.
At the same time, Mr. Thomas Stanley's horse, who has
been gradually rising, was backed at 14, and in some instances
at 12 to I—the former may be considered nearer the current
odds. Captain Healey's gelding regains a little favour ; and
it may be said that the supporters of Cardinal Puff, Caravan,
Slashing Harry, and Mr. Allen's horse, are all inclined to lay
out their money, and only appear desirous to catch the layers
in the vein to offer a point or so beyond the apparent market
price. Mr. Heseltine's horse would have been supported at
noon to-day by an influential gentleman at 20 to 1; but the
fieldsmen were not fond of that figure. It was, however,
then and there pencilled down versus Percy. The extreme
odds of 100 to 1 were asked about Mr. Kent's Vernal, five
years old, with 7st. 91bs. ; but these terms did not exactly
tickle the fancies of the round betters. The following will
be found the average prices of the horses principally in re-
quest, but these may be expected to vary almost daily, as
accounts of the condition of the horses, or commissions,
reach hand :

THE CHESTER CUP, P.P.
84 to 1 agst Mr. Copeland's King Cole.
91 to 1 ~ Mr. Ferguson's Harkaway.
•
14 to 1 ~ Colonel Peel's lon (tk.)
14 to 1 „ Captain Healey's Van Buren (tk.)
14 to 1 ~ Sir T. Stanley's Cowboy (tk.)
100 to 7 ~ Lord Westminster's Cardinal Puff (tk.)
100 to 6 ~ Mr. Heseltine's Slashing Harry.
100 to 6 „ Captain Berkeley's Caravan.
300 to 15 „ Mr. Allen's Percy (tk.)
20 to 1 „ Mr. Barrow's Eaglet

STEEPLE CHASE.—We understand that a steeple chase
will take place in the vicinity of Shrewsbury, under the pre-
sidency of Captain Clement Hill and Edward Smythe, Esq.
Easter Monday is spoken of as the day of action. The race
will be for horses that have hinted in Shropshire ; and there
can be no doubt, from the manner in which the business has
been taken up, it will be a splendid affair.—Salopian Journal.
THE DERBY.—Lord Jersey'shorse, in spite of his reported
" coughing," is not, it appears, to be yet sneezed at. It is
evident, from his steady premiership in the London circles,
that the party think they have a horse of no ordinary cha-
racter. To-day, no one would lay 100 to 12. The Duke of
Rutland's horse was also in force to-day, 100 to 7 being
taken. Yesterday, there was an offer to take 20 to lin po-
nies on Erin-go-Bragh, and 100 to 3 on Speculator, but no
business was accomplished. 100 to 3 about JEther was
taken, and afterwards freely offered.
BLACKBURN STEEPLE CHASE.—The all-e#igrossing topic
of conversation, at the present moment, in our sporting cir-
cles, is this event, which is fixed to come off to-morrow. A
splendid " sprinkling" of the aristocracy of the turf is expected
from Liverpool, Manchester, and other neighbouring towns,
where they have been sojourning ever since the great " na-
tional event," for the express purpose of honouring us with
their attendance. Several " crack" horses, named in both
sweepstakes, have already arrived in town, and, from the
speed and mettle of the well-known " high-bred" cattle en-
tered—the nerve and horsemanship of the riders to be em-
ployed—and the trying capabilities of the ground selected—
an affair of more than ordinary brilliancy and interest is
confidently anticipated.—Blackburn Standard.

TOWN-COUNCIL PROCEEDINGS.

The usual monthly meeting of the Town Conncil was held
on Wednesday, at eleven o'clock, in the Council Chamber,
Town-Hall.

In the proceedings of the Finance Committee a resolution
appeared, authorising a donation of £lO5 to the public Dis-
pensaries of the town.
ST. GEORGE'S HALL.

The usual proceedings betiveen the committee and the
building committee of the subscribers to the fund for erecting
St. George's Hall, with the proposals submitted on either
side, were detailed. Amongst 'the regulations submitted on
behalf of the corporation, it was proposed that the proprietors
should derive dividends, according to the amount of their
shares, from the profits accruing from the use of the several
departments of the building ; that the corporation should be
proprietors according to the proportion of the grant made by
them, and that the Mayor should be entitled to the use of
the hall for all meetings at which he presided. The commit-
tee of the subscribers offered other regulations. Their pro-
posals left the corporation out of view as proprietors, and
merely offered the use of the the rooms on certain occasions,
and under stipulations that the lighting of the rooms, and all
damage above £lO, should be paid by them (the corporation)
when they used the rooms.
The erection was to be commenced within six months from
the sealing of the grant, and to be finished in five years.
Mr. EVAN'S said they had heard a lengthened catalogue of
conditions about St. George's Hall. He thought it was a
question of sufficient magnitude to be taken out of the pro-
ceedings, and to be brought before the Council in a separate
form. They were about to make a very great donation of
land, and the parties contemplated leaving the corporation
out of every beneficial interest. He moved therefore, that
every thing relating to St. George's Hall be taken out of the
proceedings and printed in a separate form. It would thus
be in the hands of the members, who would be enabled to ex-
amine it quietly at their own homes. If the matter were
allowed to pass in the present form, it might lead afterwards
to much heart-burning...

—iii:VlTlLlEwished Mr. Evans to point out what it was
that he considered likely to lead to heart-burning.
Mr. EVANS said he was not prepared to answer Mr. Cur-
rie's question for the very reason he had brought forward.
The MAYou. explained, that he did not conceive Mr. Evans
to have glanced at the Finance Committee, as Mr. Currie
seemed to have supposed.
Mr. MORECROFT seconded Mr. Evans's motion, and the
proceedings of the committee were confirmed in every other
particular but those relating to St. George's Hall.
In reply to a quetion from Mr. Leathom, the Council
were given to understand that the whole of the proceedings
relating to St. George's Hall were to be printed.

WAREHOUSES ON THE DOCK QUAYS.

The second report of the Finance Committee, embodying
the opinions of,that body on the evidence, was vresentea and
read to the Council by the Town Clerk, it was to the follow-
ing effect :
The Finance Committee considered, that it would be desi-
rable that the advantages of the systems of the metropolitan
docks, independently of warehouses on the dock quays,
should be adopted in this port, so far as the same were
applicable thereto : and, that to effect such application legisla-
tive enactment would be necessary.
The committee had come readily to the opinion, that it was
desirable that the increased dock accommodation proposed
by the Dock Committee, should be obtained : but the subject
of warehouses on the dock quays had demanded, and had had
their most serious consideration.

The Committee were of opinion that transit sheds within
deck walls to facilitate the loading and discharging of vessels,
to give accommodation for arranging and sorting goods, for
passing them by the landing waiters, and for their rem ining
in security until those objects were accomplished, allowing a
reasonable period for shipment or removal, (such transit
sheds consisting of one or' two stories, limited expressly to
those purposes, would be a very great convenience to the
port of Liverpool.
-Warehouse room for the reception of unclaimed goods,
subject to the owners' lien for freight, under proper regula-
tions and restrictions, was very desirable ; and, to abtain
the powers from the legislature in those respects enjoyed by
the ship-owner in the metropolis, it appeared to the com-
mittee essential that such warehouse accommodation should
be under the control of the trustees of the docks, acting by
the dock committee. The committee were of opinion, that
until the improvements now proposed, and their competency
to satisfy the wants, the port of Liverpool under the present
private warehouse system should have been tried by experi-
ence, it was not expedient to have recourse to legislative pro-
visions for the erection of warehouses on the dock quays as
proposed by the dock committee, either at the Prince's Dock
or at the proposed new dock near the Salthouse Dock. The
committee being of opinion, that if warehouses on the dock
quays should be found indispensible for the better despatch
of the business of the. port,'-transit sheds and warehouse room
tbr unclaimed goods, subject to the lien for freight, would,
in that case, lead to a demand for such warehouses on the
Part of the commercial interests of Liverpool.
In such event the question would be between the commer-
cial interests demanding this additional accommodation on
the one hand, and the warehouse owners opposing it on the
other ; while the Council, as trustees for the docks, and the
dock committee, might in that case be in the position of all
others most desirable, as the committee conceived, that of
arbiters between the contending parties.
The quay room of the Prince's Dock might be kept still at
liberty for warehouses •, and it was for consideration whether
any transit sheds to be erected thereon might not, without
great additional outlay, be so constructed as to bear the ad-
dition of one or more stories, (provided the nature of the
foundation would admit of the pressure of such weight,) and
whether the quay room of the new dock might not be kept at
liberty in like manner : and it appeared to the committee
that the area required for the new dock, and the surface re-
quired for the brinks would be the same, whether the quays
remained open or with warehouses built upon or over them.
The committee were of opinion that the interests of the
port would not in the meantime suffer so materially as that
the delay which might ensue should stand in the way of a
course of proceeding that would be calculated to carry with
it unanimity in the town in an application to parliament for
additional dock accommodation and increased powers—a
measure in the prosecution of which, it must be expected,
from past experience, that our privileges, and our fair claims
founded upon them, would be attacked by neighbouring par-
ties, quite prepared to put forward pretensions injurious to
the interests of Liverpool.
The committee were of opinion that there ,was no ground
for contending that there was, on the part of the corporation,
any pledge which would prevent the erection of such ware-
houses, and, consequently, pone for the allegation that their
erection would be a breach of public faith.—( Hear.) Nor
in the opinion of the committee could the private warehouse
owners have any just ground for a claim for compensation,
should the public interests demand the erection of the ware.
houses referred to.—(Hear, from Alderman Evans.)
The committee submitted that no fears of immediate injury
to the corporate estate would prevent any great measure
essential for the general improvement of the port of Liver-
pool, the committee being satisfied that general improvement
to the port must eventually benefiqhe corporate, estate.
The committee, in eonclusign, recommended that the pro-
posed bills in parliament should be proceeded with to the
extent of the improvements suggested by the committee, so
far as the same might be deemed practicable in the judgment
of the dock committee, it being in the opinion of the com-
mittee, as would be seen, inexpedient that powers should be
propospd by such bills in relation to warehouses on the dock
quays to a greater extent than now recommended by the
committee.

It was agreed, on the motion of Mr. Currie, seconded by
Mr. Bolton, that the report should be printed and copies
sent to all the members, and that the subject should be dis-
cussed at a special council, to be held by adjournment this
day, Friday.
Mr. BOLTCN said there was some supplementary evidence
that would be added to that already ordered to be printed.