The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-05-28 00:00:00

HOUSE OF COMMONS.-THURSDAY.

Mr. W. 0. STANLEY called the attention of the Howe
of Commons last night to a petition praying for inquiry
respecting free schools in the diocese of Bangor and St.
Asaph, and moved for a select committee.
Sir J. GRAHAM stated the wish of the government that
the large funds appropriated by private benevolence to
charity should be made duly available, regard being had
always to the intention of the founder, and to the main-
tenance of judicial control. A bill for effecting these ob-
jects would be introduced into the other house by the
Lord Chancellor soon after `Whitsuntide; and he hoped,
therefore, that Mr. Stanley would not press his motion
to a division.

Several other members concurred in this recommenda-
tion, and the motion was withdrawn.
Mr. HUME moved an address to the Crown for dis-
pensing with fees upon grants of honors for eminent pub-
lic services. This had been long since recommended by
a committee. The fees on the honours granted to the
King of Prussia had been charged to the public, which he
grievously complained of. He wished to see all the fees
of the Herald's-college, the Patent-office, and other pub-
lic departments connected with this subject, commuted
for salaries.

Mr. GOULBURN said, that the fees in many cases were
positively vested by common law in the holders of these
offices. The fees upon appointments had formerly been
borne by the Crown. Afterwards, when the civil list was
reduced, and putupon anew arrangement, parliament under-
took to relieve the Crown from this burden ' • and hereby,
at the present day, parliament, when called on in each
particular instance to defray a charge of this descrip'ion,
bad an opportunity to pronounce its opinion upon the
fitness of the advice given by ministers in the particular
promotion. Thus a useful check was maintained, and
the value of the Crown's favour enhanced by the approval
of the House of Commons. He was afraid no general
change could be introduced which would not create more
inconvenience than it would remove. He believed there
was a feeling in this country favourable to the outlay oc-
casioned by visits of crowned heads in honour of her Ma-
jesty.
Mr. WILLIAMS wished the Chancellor of the Ex-
chequer to cite some legal authority for the right of
officers to take fees. Fees on honours granted to indi-
viduals should not be borne by the public. He saw no
reason why a few of those titles on which heavy fees were
ayable, such as dukedoms, should not be put up for sale.
(Marks of disapprobation.) Well, there was nothing dis-
honest in raisin; money by voluntary means. As to the
Attorney-General, who was one of the parties entitled
to fees upon patents, he should like to have that officer
paid by a salary, and obliged to attend, not only to the
government business, but to the framing of the bills
which passed through parliament.
Mr. HUME then withdrew his motion ! after which

Mr. CHRISTIE rose to move an address to the Crown
respecting the Universities, their statutes, revenues, and
general condition, with reference to education ; but as he
was beginning his speech, notice was taken that 40 mem-
bers were not present and the house was counted out.

HOUSE OF COMMONS-FRIDAY.

Sir JAMES GRAHAM gave notice that on Thursday next
be would move for the appointment of a select committee
tO inquire into the state of union workhouses in Ireland.
In answer to a question from Mr. LABOUCHERE,
The CHANCELLOR of the EXCHEQUER said that the
government had granted permission for the establishment
of bonded warehouses in Manchester merely as an expe-
riment; but they did not mean at present to extend that
permission to other Owns.
Sir R. PEEL gave notice that on Friday next he would
take the Ecclesiastical Courts Biil—on Monday, the 3d
of June, the Sugar Duties Bill—on the 6th, the Dissen-
ters' Chapels Bill—and un the 7th, the Scotch Parochial
Assessments Bill.
Mr. VILLIERS postponed his motion on the subject of
the corn laws from the 11th to the 18th of June.
On the motion of Sir JAMES GRAHAM, a select com-
mittee was appointed to inquire into the management of
Gilbert unions, and the other orders of the day having
been disposed of the house then adjourned.

FOREIGN AND COLONIAL.

WEST INDIES.

The Royal West India mail packet, the Clyde, arrived
at Southampton, on Wednesday. The Clyde left St.
Thomas's the 30th April, and Fayal May 13. She had
sixty-three passengers, among whom is Sir Richard
Doherty, Governor of St. Vincent.
The Jamaica Dispatch of the 23d April contains the
following summary of news relative to that island :—" The
only event of any importance which has occurred in this
city since the sailing of the steamer with the last packet
mail, is the landing upon our shores of about 800 Haytien
refugees, driven out of Aux Cayes by the black natives,
who have taken up arms against the new general, Herard,
and his adherents. It seems that the insurrection has
spread from Aux Cayes to Jeremie, and that Jacmel is
likewise threatened. But the accounts brought are so
vague and conflicting there is no judging what to believe.
Something should be done to enable these poor refugees
to recover their lost property, and to settle in some place
of safety where they may find means of earning their bread.
For' as to the grand vaunt about trade with Hayti in the
present distracted state of that republic, it is likely the
people will soon be without either money or gcods. The
planters of this island are looking anxiously forward to the
May season for the hope of securing their crops."
The accounts from Hayti, published in the Jamaica
papers, furnish, we are happy to say, reason to believe
that no massacre at all has taken place at Aux Cayes,
though several more fugitives from that place had arrived
at Jamaica. We have been politely favoured with the
following extract from a letter received per packet, by a
mercantile house in this town :
POitT-A 17-PRINCE, APRIL 23—We are glad to say that
our apprehensions respecting the fate of the city Aux Cayes
have not been confirmed. No disorder has been commit-
ted there, nor have the other towns been entered by the
insurgents, as far as we have learned. Jeremie was taken
possession of on the 12 inst. and it appears the insurgents
have not advanced further, as there is said to be great de-
sertion from their ranks produced by their followers
having been disappointed in the expectation of plun-
deting the cities. A considerable force is collecting at
Acquit, which, we hope may prove sufficient to restore
tranquillity to this part of the country. Here everything
is quiet, and the great naval force assembled will be suffici-
ent to protect foreigners and foreign property in the event
of and commotion taking place here. We have in port the
French frigate, Meride, with Admiral Demages on
board, the French war - steamer Styx, the brigs
Seine and Papillon, and the British frigate Spar-
tan. The Sylla is at Gonaives, and the Griffin, both
British, at Aux Cayes. The news from the north is,
unfortunately, not so favourable. General Pierrot, who
bad advanced upon St. Jago, was defeated by the Spani-
ards, and has been obliged to retreat to Cape Haytien,
where be is now endeavouring to collect new forces, in

order ►o renew his mare.). The President is still at Az,:a,
where l►e is likely to remain until the Division of tn.:
North has marched again upon St. Jago. The several
vessels despatt hid from hi-re with provisions had all
reached Azua, so that the army is sufficiently supplied for
some time to c•,me. Th-i W►lliam Rushton and the Mos-
lem, both from Liverpool, have ari ived here."

On the Bth instant, twelve persons were killed at Sara-
gossa, by the explosion of a powder-mill near one of the
gates of the town.
SUICIDE IN A CHURCH.—The church of St. Gervais,
in Paris, was on Saturday I:st the scene of a frightful
event. A young man, rather elegantly dressed, bad en-
tered a few minutes before, and was seen to kneel and re-
main in pious contemplation before the picture of St. Ju-
lietta. Soon afterwards he proceeded to the confession-
box, and appeared to be most fervently praying, when all
of a sudden a loud elplosiim was heard, and the unhappy
young man fell on the flags, which were soon covered with
blood. tie had blown nut his brains with a pistol, which
he still held in his hand, and when the bystanders ran to
take him up he had ceased to exist.
ROMANCE OF REAL LIFE.—The deaths of the Count
and Countess de Noailles, which we have already an-
nounced, were preceded by extraordinary and interesting
circumstances. They were cousins, and both previous to
their marriage bore the same name. Being brought up
together, they became attached to each other from their
infancy, but as the constitution of each was so feeble as
to indicate premature death, their parents long opposed
their union. At la-it, however, from their own earnest
entreaties, their marriage was consented to and solem-
nised. Their maladies rapidly increased. The countess
could not bear the least degree of cold, and her physi-
cians ordered that her apartment should always be kept
at a certain height of temperature. The count, on the
contrary, required to be in ti fresh and cool atmosphere.
They consequently seemed to be doomed to an eternal
separation even in this life. That, however, they might
at least see each other, they were placed in rooms adjoin-
ing, the partition between which was plate-glass, through
which they were able to communicate, but by looks and
signs alone. Not more than one year elapsed between
their wedding and their funerals.—Galignani.
DREADFUL. RAILWAY ACCIDENT.—The Flanders pa-
pers contain an account of t lamentable accident which
happened to the railway train leaving Bi ussels for Antwerp,
at four o'clock on Friday. As the convoy was approach-
ing the station of Vieux Dieu, the axletree of one of the
luggage cars broke, the immediate effect of which was that
the whole of the carriages were derailler in entering the sta-
tion, and precipitated one upon another. In the horrible
shock, a waggon of passengers were htearlly crushed. and
three chars a bqncis or second-class vehicles, ware broken,
and the rest of the convoy more or less damaged. The
victims of this calamity were numerous. A female be-
longingto Antwerp was taken out dead from under the
debris. The poor woman had her skull fractured. A
lady, named Bellierre also of Antwerp, had her ribs bro-
ken, and expired within an hour of the accident. A sister
of this lady was sent home severely injured. M. Dela-
croix d'Arras, who had received some extremely dange-
rous wounds, was conveyed to the civil hospital accompa-
nied by his son, who was highly contused. Six persons,
five men, and one woman, sustained bad dislocations, the
former of whom were also sent to the hospital. One of
them, an officer, died the following night, and the condi-
tion of the remainder was very critical.

IRELAND.

STATE PROSECUTIONS.

On Wednesday, the first day of term, the judges did
not take their seats on the bench until afternoon, soon
after which it transpired that judgment would be given in
these trials on Friday.
On Friday when the case was called on, none of the
traversers were present, except Messrs. Steele and Gray.
Mr.. Justice Perrin, in accordance wit,' the custom
which gives to the junior puisne judge precedence in the
expression of his opinion when the bench is not unani-
mous, proceeded to delver his judgment. As to the ob-
jections of the traversers—that there had been no evi-
dence of the venue laid—that there was no John Jason
Rigby on the panel—that the trial had been unduly ex-
tended beyond the term—that the jury had separated—
that there was fraud in the jury lists—that the broad
sheet circulated at Mullaghmast was inadmissible—that
the Chief Justice had misuirected the jury—his lordship
chscussed them at great length but met them all with de-
cided negatives. He then opened the grounds on which
he thought a new trial should be granted to Messrs.
O'Connell and Tierney. In the Lord Chief Justice's
charge, he had put it to the jury, as if proper evidence,
that O'Connell had attended and made speeches at
the meeting of Tara and Mallow, there being no evidence
that such was the fact beyond the statements to that effect
in the Freeman and Pilot newspapers. Now, newspaper
reports were no proofs of fact; and the court, in admitting
them as such in this instance, and strongly commenting
on these facts, had improperly directed the jury ; and
had inc reover, been guilty of neglect in not having pointed
out to them the law, that, although these publications
might be evidence against their registered proprietors,
when a conspiracy had been proved, vet they could not
affect Mr. O'Connell as statements of his acts, nor in any
other way further than that they were the acts of his co-
conspirators, Barrett and Gray.
To the allegations that the court had not put in sufficient
prominence the traversers' defence, especially by passing
over copies of certain speeches made thirty or forty years
ago, he replied that these speeches were no evidence at all
as to the charge at issue, for no one doubted the sincerity
of the traversers in the objects for obtaining which they
had conspired. With respect to the Rev. Mr. Tierney,
he thought the verdict should be set aside and a new trial
granted, on the ground of great vagueness and generality
in the judge's charge. The jury should have been directed
to inquire wi.ether that reverend gentleman, when he
joined the association, on the 3d of October, and made a
very unbecoming and reprehensible speech, was cognisant
of the acts and designs of the conspirators ; and that issue
not having been left to them, and there being no evidence
in support of the affirmative, he held there had been mis-
direction. He would, therefore, direct a new trial for the
Rev. Mr. Tierney also.
Mr. JUSTICE CRAMPTON followed. He was not satis-
fied with the verdict as to Mr. Tierney. He would not
say there had been misdirection, but he thought and hoped
that the jury would have acquitted him. His speech was
criminal and seditious, but he might have made it with-
out knowing of any conspiracy. If a nolle prosequi were
entered as to him, he would refuse the motion for a new
trial, but, if that was not done, he would, regardless of
consequences to the public, do justice to the individual
arid grant a new trial to him, though it should have the
effect of awarding a new trial to all. But tile newspapers
containing Mr. O'Connell's speeches were, Judge Cramp-
ton thought, as much evidence against him as if he had
written every word of them. They had been read with-
out objection ; they had been read on behalf of the
other traversers, though not of Mr. O'Connell ; the
Solicitor-General had been suffered on them, and
the Chief-Justice had done so without objection.
In the course of his observations, which occupied nearly
four hours in the delivery, the learned judge made some
very forcible remarks on the nature of the Repeal Associ-
ation. It appeared, from the evidence, to be a most
anomalous, he had almost said, dangerous body. It af-
fected to be a 'voluntary body representing the public
mind of Ireland ; it had its treasury, its revenues, and its
foreign supplies ; it had, it was said, millions in its ser-
vice ; it had its leader, and his staff of officials, it carried
on its proceedings in a parliamentary form ; it had its de-
bates, perhaps without much difference of opinion ; it sat
in judgment on the Crown Government, and individuals,
public and private ; it received addresses, granted sup-
plies, had its members, associates, wardens, and pact&
cators ; and thus, in the peoples eye, wearing all the
i ap-
pearance of sovereignty, it was impossible not to see n it
the elements of a body well disposed to relieve the Go-
vernment from any trouble in governing Ireland, should
there be any sudden emergency for it. They professed
loyalty, but that principle was not alone attachment to the
person, but to the throne and office of the monarch.
Mr. Justice Burton was of opinion that the motion
should be refused on every point to all the traversers.
He took the same view respecting the majority of the ob-
jections as had been held by the judges preceding him,
but could not agree with them as to the propriety of con-
ceding a new trial to Mr. Tierney, although lie had, he
said, anxiously endeavoured to wake his wishes on this
point coincide with his mature judgment. That rev.
gentleman had been found guilty of the count of creating
dissension between her Majesty's subjects, and he did not
see any grounds to doubt the validity of that verdict. He
was of opinion that the venire de nova should be refused,
and that the present verdict should stand.
The Lord Chief-Justice shortly before six o'clock pro-
ceeded to deliver his judgment. It had, he presumed,
been observed, that he had abstained from all interference
with the course of the proceedings, nor made any obser-
vation or comment upon them, preferring, from motives
of delicacy, and on grounds personal to himself, to leave
to his brethren on the bench the consideration or cor-
rection of any error, real or imputed, committed by him
in his charge, as organ and head of the court. he had,
except as a listener, taken no part in the case ; and those
concerned in it must do him the justice to confess, that,
i
from him at least, they had received no nterption.
That was all he intended to say on many parts of that
motion ; no one would be more happy than himself to
have any error he might have committed rectified, and
justice done to all. He agreed altogether in the views
taken by brother Burton, and in shedugent delivered
by him. His lordship then procee to consider all tue
points of objection, which had no references to the
and
.answered
charges of misdirection against himself,
them with the arguments already relied on by his br.othe.r
Perrin. In alluding to the unfortunate pa”age his
charge wherein be called traversers' counsel th
• e gentle-
men on the other side," he displayed some go.od taste and
good humour, assuring those gentlemen, amid consider-
able merriment, in which lie was fain to join, that lie had
never intended to use the words. After some elaborate
expositions of the reasons on which he refused the motion
generally, he came to those whereon he differed from two
of his brother judges as regarded the Rev. Mr. Tierney.
He considered that it was impossible for the jury to think
that Mr. Tierney was not cognisant of the notorious pro-
ceedings at Mullaglimast, which had occurred two days
previously to his junction with the Repeal Association.
His speech on that occasion and contribution of money
were proofs enough of community of object, and quite
warranted the verdict, and he would, therefore, refuse
him a new trial epuelly with the other traversers.
The Attorney-General called on the court to fix Satur-
day for final judgment; and, in answer to Mr. Justice
Crampton, stated that the Crown would not call up Mr.
Tierney for judgment, though he could not state whether
they would enter a nolle pro.,equi against him.
Mr. Hatchell, Q.C., rose to give notice, that there had
been notice served tor a motion to amend the postea, pre-
paratory to making a motion in arrest of judgment.