The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-03-02 00:00:00

GRAND JURY

Willirm Clirzton, Bedford-street. co►n-merchant, foreman.
James Ervans, Sohn-street, North, merchant.
Charles Chalouer. Jordan-street, timber-merchant.
Edward Lister, Ne;herfield-roan, cotton-broker.
Edward Dannil Maddock, Breck-road, wine-merchant.
Robert Mather, Mount-pleasant, eentlemanj
John Ridgway, India-buildings, merchant.
Richard Johnson, Sohn-street, coal agent.
lames Robins CrOft, Shaw-street, oil-merchant. •
Joseph Robinson. Moss-street. cotton broker.
Charles Mialey,Moont-plcasant, banker..

James Harvey, jun., Catherine-street.
Gerard Lynch. James-streei,. merchant.
John Bewley, Mason-street, merchant.
'William Henry Dahie. Queen Anne-street, merchant.
William Eaton Hall, Castle-street, gentleman.
Alfred tiing. Pembroke-place, engineer.
The proclamation against vice, profaneness, and immorality
haying been read.

The Learned RECORDER briefly charged the grand jury.
They were all so well accustomed to investigate the cases that
came before them, that his duty became lighter at each succed-
ing session; however, there were two or three cases on which
he would make a few Observations. The first case was a charge
against two men for stealing a bate of cotton, which was laid as
the property of Nathan C rirns. He had read the depositions,
and perhaps a good deal of inquiry would be necessary before
they could and the bill. El owevet. the most material part of
the depositions was the voluntary examination or the prisoners
themselves, and when the jury had read them he thought they
would and that they could dispense with a good deal-of prelimi-
nary inquiry. Their might have been some„ difficulty without
their voluntary examination. but with them much difficulty
would he removed. The next case to which be would rail their
attention stood eight or nine in the calandar, and was a charge
against two men for steatitic, a quantity of iron, which was laitt
as the property of the Ellesmere and Cheiter Canal Company.
He ought to tell them that possession alone was sufficient-to
satisfy the a:legation of ownership of the prope'rtr. Theivoo
whiob was the subject of that indictment had been-passed flew
one set of persons to another, and was left unclaimed in the
possession of the prosecutors. In strictness of law it was not
their property, but it was in their custody and charge, and.l hat
would make out the allegation of property to satisfy the crimi-
nal law; therefore they need not embarrass themselves as' to
the ownership, but simply whether it was in their custody and
charge. On reading the depositions in their case si and seven,
against two young persons—one 14 and the other 13 years or
age—he found young as they were, that one of (belt had been
only ten days in the office of the prosecutor, having never been
in his employ before, when he was placed in a most confidential
situation, and entrusted with the keys of a safe in which money
was kept. Be thought the prosecutor had been guilty of area',
carelessness indeed. To put money before youth was a great
temptation, and no wonder that boys so young had yielded to
that temptation. The prosecutor, by so employing and trust-
ing the prisoner, might have done it oul of kindness, but it was
an over-kindness, which ought not to have been shown. There
were some cases in the calendar in which the indictments would
he-strictly laid before them as burglary. Now th.e law respect-
ing burglary had of late been a good deal allere‘l. L had been
the subject of inquiry, whether it was so light when the offence
was committed that the prisoner's hand could have been seen,
or whether the day was dawning, so that it could not be
aid to be night. All that inquiry was now unnecessary; and
the inquiry to which they would have to direct theirattention
was, whether the offence was committed between nine o'clock
at 'night and six in the morning, without having any re
Terence to light and darkness, for between those hours alone
d the crime of burglary now be committed. He had no
further observations to make on them on the eases in the calen-
dar, for as he had stated, their own knowledge and experience
would enable them to surmount any difficulties that were likely
to arise, but if anything contrary to his expectation should arise
to render the assistance of the court necessary, he should be
happy to do all be could to relieve them. He had an interview
with tieutenact Low on the subject of the frauds committed on
the.unhappy persons---aod God knows they were the last per-'
sons that should he made more distressed by taking from them
what little they had left—who came here for the 'purpose of
emigration. This port might now he considered the principal
port to which parties came from various parts of the country
for tire purpose of going to the Western World; and Lieutenant
Low suggested; that if the'persons who were in business as pas-'
senger-brokers could be licensed. they would be better known
to the public, and frauds it was likely would be diminished, The
document which Lieutenant Low had some time since-prepared'
on this subject, had excited great observation in various parts
of the 'country; and as long as that document remained unal-
tered, it remained as a stigma upon this town. Upwards of
thousand complaints have been made of kauds committed on:
emigrants, and he was glad that the subject had been taken up
by the town-council. It woe 'only at the last sessions but one'
that he had transported a passenger-broker for opening a 116 k
in a counting-house, and robbing it of 75 sovereigns, which
showed what class of-persons mixed themselves up with the he-
siness-.of passenger-brokers; and. he thought none of-them
should-rest till the stigma was removed from this port.e-Ilehad
nit further observation to make to them except this, that wijot-,,
ever was the connexion betvveen -pifieerty and' crirrie4=4l4-car,l
rested on good authority that there was a close conneron—it
' was highly creditable to the large population of this town, that'
when poverty was the greatest, they had distinguished them-
selves by feeding the hungry, and clothing the naked, at no
slight charge; and they were told on the hiKhest authonty, that
inasmuch as they had done it to the poor, it was done to, IA ina
who was the.common Father of them all.
The grand jury then retired to consider' their bills,_and the
petty jury was called , several who did not .answer when their
names were called over, were fined 40s. for non-attendance.
The calendar contained the namesof 56 persons on charges of
felony. and five for misdemeanours. As our police reports have
contained full particulars of the various cases of felony which
have been sent to the sessions, we deem it unnecessary to repeat
them in detailed reports of the sessions' proceedings.
Thomas Leeson, 25,a young man who bad been employed as
a waiter at the Adelphi Hotel, pleaded guilty to an indictment
for stealing six knives, the property of Mr. Radley, and was sen-
tenced to two months' imprisonment.
John Sloane, 14, and George Young, 13, were convicted of
stealing a cashbox containing five:sovereigns, and some other
moneys, tl.e property or Mr. Edward Shaw acid another This
was one of the cases mentioned by the learned Recorder in his
charge. Sloane was sentenced to one month, and Young to
six months' imprisonment.
Philip King, 20, was convicted of stealing a watch. aguard
chain, a pencil case, a razor, a breast-pin, and a handkerchief,.
the property of Anthony Hubert, from the ship Constitution,
and was sentenced to 12 months' imprisonment.- . .
James Edwards, 16, was indicted for stealing a variety of
wearing apparel from the dwelling of Sampson Mills,—Guilty.
Ten years' transportation.
Jane Heron; 25, pleaded guilty to two indictments for shim-
lifting—the one for stealing a piece .of cloth, the prOpertY of
Messrs. James Jeffrey and James Morrish ; and the other for
stealing a handkerchief, the property of Bernard Ullathorne.—
. Sentence deferred.
William Evans, 28, and William Pennington, 41., were in
'dieted for stealing six hundred wefght of iron, the property of
the Ellesmere and Chester Canal Company.—Guilty. Evans,
one month. Pennington three mouths' imprisonment.
Arthur Rendleton, 18, John Brooks, 16, and Win. Whitley,
16, were indicted for stealing several articles of node wearing
apparel, the property of Thomas Leather.—Guilty. Sentence
deferred.
The felony cases at the sessions were got through last night,
One or two misdemeanours remained to try, of a trivial nature_
for assaults, &c,

Empertal Vartiamtnt.

HOUSE. OF LW DS.-MONDAY.

Lord LYNDHURST directed attention to the evil consequences
re-sultitii- lb- three female children, subjected to solitary con-
finement in the Penetentiary at Milbank, as well as to other
p-arties; and with the view of leading to some amendment of so
pernicious a system, he moved far various returns.
Lord MKI,BOURNE admitted that such matters ought not to
be allowed to pass without notice, but complained that•the mo-
tion had not been preceded by notice, and made an allusion,
for which Lord Lyndhurst called for and obtained a satisfactory
explanation.
The returns were ordered, and their lordships adjourned.

• HOUSE OF COMMONS.—MONDAY.
The speaker took the chair shortly before four o'clock.
teswlCH.
Mr. JENKINS presented the report of the Ipswich election
committee, which set forth that Mr. Gibson and Mr. F. Kelly
had been dale elected—that is, confirming the return of Mr.
Gibson, and placing Mr. Kelly in the room of Mr. Tufnell.
Also that the petitions were neither frivolous nor vexatious.
The following members took their oaths and their seats:—
Mr. Lynch of Galway, Sir J. Graham for Pembroke, Sir C.
Grey for Tynemoutb, and Mr. Fitzpatrick for the Queen's
County.
On the motion of Mr. V. SMITH, a new writ was ordered for
ROtlandshire, in the room of Sir G. Noel, But., deceased.

PENITENTIARY (MILBANK.)
Mr. EWA ET GLA DSTONE rose, and seeing the noble lord the
secretary of state for the home department in his place, he
beg zed to put a question to him with regard to a certain state-
thent'which had appeared in the newspapers, affecting the ma-
nagement of the Penitentiary at Milbank, and which was said
to have been made by a gentleman connected with the com-
Mission of the peace in the county of Middlesex. He wished
to know whether that statement had been brought under the
consideration of the noble lord, as it was one which, if allowed
to go unrefuted, would prove very prejudicial to the govern-
ment, and detrimental to the establishment. He wished fur-
ther to know whether the noble lord had instituted any inquiry
respecting the statements, and, if so; whether he would have
any objection to lay the result on the table of the house before
they were called upon to vote the estimates of that establish-
ment.

Lord J. RUSSELL explained, saying he believed that the story
to which allusion had been made, was without foundation ; at
the-same time, if the hona gentleman wished an inquiry to be
Made, it should be made; but, for his own part, he could see no
use in laying papers before the house upon a statement so ex-
traordinary and extravagant, and so totally false, as that to
which his attention had been called. He begged further to say
:thWan opinion had' been given that this convict had',feigned
'ilaittity io the hope of obtaining a pardon.
CHURCH LEASES, &C. '
Lord JOHN RUS iLCsaid he could not give the notice in
stria, conformity with the-rule which had been laid down in
references to notices of motions; but he begged leave to ap-
prise the house, that the week after next he would move for the
appointment of a select -committee to inquire into the mode of
granting renewable leases by bishops, deans, and chapters, and
other ecclesiastical bodies, with the probable amount of the
increased value of property, which might be obtained with due
consideration to the interests of the established church.

BREACH tYF- PRIVILEGE BY MR. O'CONNELL-DEFEAT OF

MINISTERS

Lord M s IDSTONE rose,l;cotldassure the house, with the
greatest diffidence on the present occasion, being but a young
member, and unacquainted with the rules and formalities of the
house. He begged, however, distinctly to state, that he brought
forward the motion which he was about to submit, not as the re-
sult of the suggestions of others, but solely from the dictates and
feelings of his own heart. (Cheers.) He hoped, therefore, that
-the animus, the intention by which he was actuated, would carry
him through. notwithstanding his inexperience and his
ignw-
ranee of the forms by which their proceedings were regulated.
lle could assure the house-that; having served on an election
committee (the Salford,) and being utterly unconscious, as far
as he was himself concerned, of anything like the perjury or the
feelings attributed to members of cmnn►ittees in the speech of
the hon. and learned member for Dublin. it was his wish to take
the earliest opportunity of- throwing off that imputation, and in
adopt in that course he felt convinced that he had only done
what other hon. members would have done, if he had himself
taken no notice of such an imputation. This was not a charge
against individual members, but an imputation which affected
the character of the House of Commons--(loud cheers from the
opposition benches)—and if they tamely suffered themselves to
tee vilified and defamed, from whom were they to look for re-
spect or reverence? ( Hear, hear.) Who would defend them
if they did not vindicate their own honour and character?
(Cheers.) He trusted that the house would not be led to look
•at this great question as a party quarrel, and that they would
not by their decision that night sanction the use of language
which must have the effect of warping the determinations of the
election committees which were now sitting. (Cheers.) It was
more in sorrow than in anger that he moved fur a vote of cen-
sure against the hon. and learned gentleman. He would now
deliver the speech of that hon. and learned member at the table
of the house, and would move that the extracts of which he com-
plained be read by the clerk. •
Mr. O'CosiN ELL submitted that his entire speech should be
read. (Loud laughter.) No one ever heard of a legal document.
being read in part.
The clerk at the table then read the speech of Mr. O'Connell
at the Crown and Anchor 'Tavern, as reported in the Morning
Chronicle of Thursday, the 22d inst. We give the passage com-
plained of:—" Corruption of the worstdescription existed, and,
above all, there was the perjury of the tory politicians. ( Hear,
hear, from the opposition.) Ireland was not safe from the Eng-
lish and Scotch gentry. It was horrible to think that a body of
gentlementnen who ranked high in' society. who were them-
selves the administratori of the law, and who therefore ought to
be above all suspicion. and who ought to set an example to others
—was-it not-horrible that they should be perjuring themselves
in committees of the House of Commons?
.( Hear, hear.) The
time was come when this should be proclaimed boldly. He was
ready to be a martyr to justice and truth, but not to false swear-
ing; and therefore he repeated that there was foul perjury in
the tory committees of the House of Commons." (Hear, hear,
from the 'opposition benches.")
The clerk was the❑ proceeding to read the speech as reported
in_ the Morning Post of the same date, when
Mr. O'CONNELL inqiiired of Lord NI aidstotie,wheffier, in order
to-SaVe tte time of the Nouse, be would be content With the read-
ing of the passage to which he objected?
Lord MAIDSTONE having assented to this,

The clerk read the following extract from the Mm-sting Post,
of the 221 inst.:—" He (Mr. O'Connell) did not mince the mat-
ter ; his words might appear in the public press; he hoped thew
would. - Ireland was not safe from the perjury of English and
Scotch gentry, who took oaths according to justice, and voted
according to party." (Renewed cheers from the opposition
benches.)
The reading,of these extracts was succeeded by loud cries of
"Move, move." Lord M aidstoneLnot having responded to this
call, there Were loud cries from the ministerial and radical
benches for " M r. O'Connell." That bon. member, however still
retained his seat, upon which some confusion arose, and cries
proceeded from all parts of the house of "move move;" "Chair,
chair ;" " Lord Maidstone" and "Mr O'Connell." The ex-
citement did not subside until after repeated cries of " Order"
from the chair. _ _

The SPEAKEI: then said that. according to his apprehension
a similar course of proceeding should be adopted in the present
instance to that which had been pursued by the house in the
analogous case in which a charge was preferred against Sir
Francis Burdett. in that case the charge was clear and dis-
tinct, haying been in the form of a written charge, to which
the charge in the present instance might be considered as tan-
tainount, as the papers had been put to by the noble lord and
read" from the table. The course which had been pursued in the
instance to which he referred, and of w bleb he recommended the
adoption in the present case, was, that the hon. member who: pre-
ferred the complaint having been heard first, the hon. member
complained of should be next beard, and subsequently the hon.
member who made the complaint.
Mr. O'CONNELL then rose and said—Sir, however inconve-
nient such a rout se may be, I bow at once to your decision. It
certainly is most peculiarly inconvenient, because my intention
was, if the noble lord had concluded by a motion,. to move an
amendment for inquiry on ibis subject; it was my intention to
-haVe moved an inquiry into the merits—(Cries of "Oh, oh."
from the Tories.) I have no right to complain of the noble
lord; on the contrary, I think he delivered himself with as.
-much courtesy as was reasonably to be expected; and if he
failed in one phrase, I attlibu:e that readily inure to his inex-
perience at his time of life in public speaking, than to any at-
tempt to infringe any rule of this house or to any want of.cour-
' tesy. (Hear.) I don't know or what the noble lord complains.
(Laughter from the Opposition ) I like hilarity. (Laughter.)
I repeat, I don't know of vithtt, he complains. Be talks of my
attacking the whole house, and he leads a paragraph from a
speech of mine, in vibich 1 attar k only one side. ( Hear.) I
the more readily forgive his impatience upon the subject, be-
cause he has been on an Election Commi:tee himself. (Hear.)
And it is'natural to feel arepuanance-io an imputation of a cor-
rupt or partial trihunal. Nothing is more hateful than a partial
public tribunal. (Cheers.) Yet lam convinced such a. slate
of things does exist. (Hear.) I ant thankful to the noble lord
for having brought public attention to the subject. I endea-
voured to call the attention of the house to it; but I failed, and
I resolved to appeal to the public. I have heard a great deal
in the house about piety; on utiset vances—(hear. hear, bear)—
aboutthe desecration of the Sabbath; but I know not of anv,
desecration so terrible as that of the holy name of God which is
taken to attest the determination to do justice, with a predispo-
sition'to act:partially. (Cheers.) Dues the noble lord think
there is no such thing in this house' ( Hear.) 1 did not hear
'him deny that committees were partial—l suppose be meant to
'deny it by implication [leaven help the mai) who, out of this
j,hou4iti, even emobg members of this house, should venture to
AtiVcl hat Election Committees of ibis house are imaatlial
is-I hey are assembled ,o uo justice bet ween-tlie par-
:ties,--he would be laughed to ridicule. ( Hear.) The public
,opinion has been made up upon the point—the public do not
.hesitate to say that these tribunals are ,orrunt. What ito they
say ? Do: they no:, when they see the members come up to
I your:table to be sworn. the inonnem they see the composition of
the.committee, they can tell you the decision. Was the noble
lord in the house the oilier night when the Yr-mai:al Committee
was balloted for ? iCheers. t Did be hear the cheer. the loud
cheer— for even delicacy did not supress it—did he hear the
cheer with which,'',the last name was received by his rriends
around him? tipud Ministerial cheers. wit b cries of "No, no,"
from the Times, and " Yes, yes," 'row their opponents. t A
clapping of hands actually took plaice. c•‘ No, flute the
Tortes, with cries of " Yes, i heard it," from the Ministerial
side.) I put 't on the issue. let us try it any way von please—
it did occur in my hearing, and I am.ready to prove it. ( Loud
cheers.) is not the noble lord perfectly awate, that no ballot
has taken place dining the present session that there has not
been regular canvassing ? I see that this paper has been brought
Cowl] from the Carbon Club. Is not the noble lord aware, that:
upon every canvassing, votes are scut out from the Carlton
.1;10-house to every member on whom the party ran depend.
Are not the gentlemen 119 'MS lie SU mmoned, upon their allegi-
ance, to come down and attend' to every ballot ? I would like
to see any gentleman opposite get - up and deny my statement.
There is none—none of you dare deny it. ( Hear, heart
then, there is a canvass upon every election ballot, and for
what is it you come down? Is it in order to oischarge
.voor
conscientious duties, 01, is it in order to prevent us from
having our committees on this side the house? 1 dare any of
you to say, that it is in discharge of your consc fences.- (Heat,
hear, hear,) Then you Caine down here in order to prevent
us from having partial committees on this side.the house.
Then you have brought the same charges against this side the
house that 1 have brought against you. (Loud cheers.) Is
there a man amongst you that does not know the iniquity of the
-system? What is said when a committee is struck ? Don't
every one say—Oh, now it's all right—(laughter)—there can
be no doubt' that the member will be unseated, or that he will
retain his seat, according as the committee is; even the counsel
—do not they say, " Oh, its all right, we may take this easy;
we have a majority of 65, which, with the vote of the chairman,
give us a clear majority of 75; we can now take it easy; we
are all safe." Has the noble lord read the address of Sir Samuel
Whalley to his constituents, in which he stated that he had re.
signed because he despaired of success, seeing that there .was a
large. majority-of tories upon the committee. (Hear, hear )
The public newspapers said so, and it is put in them by way of