The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-06-04 00:00:00

THE LIVERPOOL STANDARii;

THE SENTENCES.

The Attorney-General soon after rose, and moved that
the traversers ( with the exception of the Rev. Mr. Tierney)
he called to appear at the bar and receive the judgment of
the court.
After an interval of a few minutes. the traversers, who
had previcusly retired to their chamber adjoining the
court, were sent for, and their re-appearance elicited the
greetings of their effervescent friends in various parts of
the building.
Mr. O'Connell and his son took their seats at the
Queen's counsels' table. The other traversers occupied
a box immediately behind.
Mr. Bourne (the clerk of the crown) having formally
called them by name, and they having respectively an-
swered,
Mr. Justice Burton proceeded to pass sentence amidst
the most profound silence. The learned judge spoke in
the most solemn and emphatic manner, but was scarcely
audible. His Lordship after noticing the crimes of which
the traversers had been found guilty, alluded to the dis-
tinction in their cases, and said that one of them stood in
a peculiar position. [The learned judge was here inter-
rupted for a few minutes by the sensation produced by his
last observation, and the simultaneous rush of as many as
could move towards the bench in order to catch every
syllable that might fall from the Court relative to Mr.
O'Connell.] With respect to him ;resumed his lordship)
he must consider that he stands in a very peculiar condi-
tion indeed, with regard to the commission of the offence
of which he, and the other traversers at the bar, had been
convicted. They had concurred, unquestionably, with
him in the course which he thought proper to pursue,
but they had, as the Court believed, concurred with him
in consideration of the high estimation in which they held
his superior talents and judgment, and he, moreos er, had
accepted, acknowledged, and taken upon himself the
avowed condition of being their leader; and therefore his
case differed from that of the other traversers. [Every
allusion to Mr. O'Connell being the signal for renewed
excitement, this observation, of course, producedits effect.]
The learned judge proceeded to observe that these con-
siderations lessened what might be looked upon as the
great guilt of their conduct, when it was considered how
far they might have been drawn into the commission of it
judgment.
[Mr. the estimation in which they had held his
[Mr. John O'Connell here interrupted the court, ap-
parently under the influence of considerable excitement,
and made some observation, the only audible part of
which was, " Pardon me, my lord." His father, who
continued to sit beside him, interposed and compelled him
to preserve silence.]
Mr. Justice Burton hesitated for a little, in order to as-
certain what the substance of the observation was which
was addressed to him, but finding tfiat Mr. John O'Con-
nell had resumed his seat, the learned judge observed that
there was another gentleman before the court—he meant
the son of the principal traverser—himself a man of ac-
knowledged talent, legal attainments, high in estimation,
with whom he (Mr. Justice Burton) had the honour of
being personally acquainted, and of whose general con-
duct he had a high opinion. In his case, also, the prin-
cipal traverser would see circumstances strongly in his
favor from the near relationship in which he stood to him.
His Lordship then alluded to the monster meetings, and
said, that though the principal might no doubt intend to
carry his object without any infraction of the public peace,
yet that the gathering of them was a high and dangerous
misdemeanour—dangerous to such an extent as nearly to
have produced civil war. [Sensation.] After a few fur-
ther remarks on this subject the learned judge said, " A
crime had been committed which called for exemplary
punishment—punishment likely to prevent the same per-
sons from committing the same offence again, and to deter
others actuated by the same feelings from the perpetra-
tion of similar act.. For himself, and he might, he
thought, add all the court, he was sure that his own and
their minds had been brought into exactly the Proper
state to consider the case. They were bound to award
punishment of an exemplary kind, but at the same time
were determined not to suffer any opinion of their own as
to the offence to guide them, but to strictly examine and
conclude upon the character of the offence. With these
remarks, he said it then only remained for the court to
pass sentence. [Here the learned judge appeared much
affected, and after a brief pause proceeded.] The court
are of opinion that Mr. O'Connell must be sentenced to
be imprisoned for the apace of 12 calendar months, that
he must be fined in the sum of £2,000, (sensation,) and
that he must enter into security for his good behaviour for
seven years, in the sum of .£5,000, and in two sureties for
£2,500 each. With respect to the sentence on the re-
mainder of the traversers, the court should award the same
amount of punishment to each ; namely, that each be im-
prisoned for nine calendar months ; and that each of them

do pay a fi-,e of £5O, and that they also, and each of them,
enter into security to keep the peace for the same term of
seven years, in the sum of £l,OOO, and find two securities
of £5OO each."

Mr. O'Connell here rose, and, in a firm but most im-
pressive tone and manner, said—" I think it right to re-
mind the court, that, in consequence of some of the re-
marks which have been made, I and all the other tracer-
sers have made solemn affidavits, in which we deny that
we entered into any vile conspiracy, and, with great de-
ference to the court, I am under the painful conviction
that justice has not been done to us."

A loud burst of applause followed this observation.
The judges seemed literally astounded. A great number
of the junior bar again clapped their hands, and many
cheered vehemently, while the galleries appeared to be
unanimous in their huzzas, and shouts of " bravo," &c.
A cheer for " Repeal" was loudly responded to, and the
whole court presented a scene of uproar and confusion.
The police, who were judiciously dispersed throughout
the court, exerted themselves, but unavailingly, to put a
stop to the extraordinary demonstration, and the cheering
was continued for several minutes. The judges mani-
festly observed that it would have been useless for them
to command silence, and they therefore did not attempt
to interfere. After a short time comparative silence was
again restored ; but still the greatest tumult and excite-
ment pervaded the majority of those present.
Judge Burton, (in the midst of all the shouting and
confusion. which rendered the learned judge quite inau-
dible) was understood to intimate to Mr. O'Connell that
he might select whatever prison in the county of the city
of Dublin he thought would afford himself and the other
traversers best accommodation.
Mr. O'Connell suggested the " Richmond Bridewell,"
on the South Circular road, which was agreed to by the
Attorney General.
Mr. Ball (the High Sheriff) was then called and the
traversers given into his custody.
Mr. O'Connell, who during a great part of the pro-
ceedings kept his arm entwined round his son, John
O'Connell's neck, seemed quite composed ; and the other
traversers, who were occupied for several minutes shaking
hands with their friends, appeared to be so also.
On the suggestion of Mr. Moore, Q.C., directions were
given to the governor of the gaol in which the " conspira-
tors " are to be incarcerated, to afford them every accom-
modation consistent with the discipline of the prison.

The Dublin Evening Mail of Friday says—" The pa-
triots (I) have been lodged in Bridew.3ll; and, notwith-
standing the most strenuous efforts to get up a scene, this
slighting consummation has been effected, as we always
told the go wernment it might be effected—without as much
excitement as we have often known to he created by a
coal-porter's wedding. Nevertheless, every device that
seemed fitted to elicit popular svmpa,hy was had recourse
to—every exertion was made before, during, and after the
passing of the sentence, to direct a ray of national enthu-
siasm upon the dreary setting of the Liberator's star.
Some of these efforts, however, are curious, and deserve
notice. Among the most remarkable is the anticipatory
appeal of the Great Convict himself, which was placarded
over the city on Thursday morning, by nine o'clock. It
contains about a dozen short sentences, all exhorting to
the observance of " peace, order, quiet and tranquility."
"The sentence is past." So wrote Mr. O'Connell,
and so printed the Repeal Association's printer, several
hours before the learned gentleman's counsel had entered
upon the discussion of a motion having for its object the
postponement of that sentence for some months. " Let
every man stay at home—let the women and children stay
at home—do not crowd the streets, and, in particular,
let no man approach the precincts of the Four Courts,"
is the language of this document, issued at a time when
no man, woman, or child in Dublin was disposed to notice
the transaction in any other way than by laughing It the
ridiculous exhibition of a number of automatons in horse-
hair wigs, jabbering what people have hitherto supposed
to be law, but what the recent "state prosecutions" have
shown to be clumsy verbal contrivances for defeating the
ends of justice, and extracting fees and salaries from the
national purse.
This futile attempt to create a commotion—for it was
nothing else—did not succeed. The people only laughed
derisively—they would kick up no row. Another shot
was therefore fired in the shape of an address from the
Repeal Association, but again was there a failure—not
even a theatrical combat could be got up, and four
mounted policemen conducted the patriots through the
midst of a crowded city, and lodged them in a common
bridewell, without any more notice of the occurrence
being taken than if the " procession" (as the Repeal pa-
pers have it) bad consisted of a police-van laden with
pickpockets.
The patriots were received at the gate of the prison by
Sir Edward Stanley, and the Freeman's Journal says that
O'Connell " came with as buoyant a step as if he was tread-
ing the heath and breathing the air of his own wild native
mountains." The Liberator was met, says the same
paper, at the door of his apartment by his daughters,
Mrs. Fitzsimon and Mrs. French, Mrs. John O'Connell,
and many other ladies. "He embraced his daughters
most affectionately, and they welcomed him to a prison
for the benefit of his native land. The scene was most
imposing, and evoked a spirit which it was impossible to
restrain. The Liberator and his fr ends were most
warmly greeted, and, after walking about the garden for
some time, returned to their apartments, and to the first
assemblee of the traversers in their new domicile."

it only remains for us now to recommend to the great
actor and playwright who has just made his exit from the
stage, if he means again to seek the sympathy of the fickle
public, to apply his great powers to the elucidation of the
pithy moral contained in the motto inscribed over the gates
of his present dwelling-place:
" CEASE TO DO EVIL-LEARN TO DO WELL."

THE IRISH BAR.—On Wednesday last there were ten
ogentlemen called to the Irish bar, seven of whom were
Catholic Irishmen. Last term the Catholics were in a
majority for the first time since the introduction of the
penal laws—this term they numbered seven to three.—
Dublin Freeman.

There was a meeting of the Repeal Association on Mon-
day, Sir Samuel Bradstreet, Bart., in the chair. The rent
received up to three o'clock was £538 odd, including £lOO
from Savannah, and £5O from Brooklynn ; but a sum of
money from New Or!eans was rejected, as it contained
some suggestion the Repealers did not like. Mr. O'Con-
nell was present.
- • -

-- •
FLOGGING.—The week before last Farrel, a private in
the 52d regiment, was, while that corp was on march
from Limerick to Cork, sentenced to receive two hundred
lashes for some trifling offence, which is not mentioned.
The lashes were applied with such brutal violence that,
when the poor victim had received ninety, the doctor or-
dered him down, he being unable to bear more.
Edmund Fry, son of a magistrate of Roscommon
County, and a person highly connected, has been com-
mitted for trial, charged with directing his herdsman,
Edward Cox, to kill a mare, his property, and with sub-
sequently swearing an affidavit in which it was stated that
the mare was killed by some malicious persons unknown,
for the object of obtaining compensatio❑ from the county
for the pretended malicious injury.

OBSERVANCE OF THE SABBATH.—We quote the fol-
lowing " fashionable paragraph" from the Freeman's Jour-
nal (Popish paper) of last week:—" Mr. O'Connell en-
tertained at dinner, on Sunday, the Lord and Lady
Mayoress ; Sir Charles Wolsey, Bart., and Miss Wolsey ;
Very Rev. Dean Meyler, and Mr. and Mrs. Fitzsinon,
Mr. William F. Finn and Mrs. Fin, Mr. P. V. Fitzpa-
trick and Mrs, Ayre, Mr. and Mrs. O'Reidy, Mr. John
O'Connell and Mrs. O'Connell, Mr. P. O'Brien (Secre-
tasy to the Lord Mayor), and Mr. R. O'Connell. A
larue evening party and elegant ball succeeded."

EXECUTION OF Two BROTHERS.—TWO more victims
to the outraged laws of God and their country, Thomas
and John Wade, expiated their guilt by the forfeiture of
their lives on Saturday week, at the front of our county
gaol. Awful a scene as it is to witness the death-struggle
of a human being, it is still more appalling to behold two
members of the same family—two brothers—pass from
this world, through the hands of the public executioner.
Thomas and John Wade were found guilty at our last as-
sizes for the murder of Patrick Ryan (Morgan,) in the
month of March, 1842. A third brother, Patrick Wade,
remains in gaol until next assizes, charged with being con-
cerned in the same awful deed.—Nenagh Guardian.
MAIL-COACH ACCIDENT.—On Tuesday last, the Kil-
kenny day mail, that passes Carlow at half-past ten o'clock
in the morning, was upset in an open quarry-hole, which
yawns, without the slightest fence or protection, by the
road side. The passengers, five in number, the guard,
coachman, and an agent of the coach, were precipitated
with great violence a depth of fifteen or sixteen feet. No
life was lost, but two of the sufferers are lying dangerously
ill—and all mentioned, except one, were severely hurt.
The guard, who was, previous to this accident, a fine old
man, was much injured. More than common interest
will be felt respecting him when it is known that he was a
servant of Lord Byron's at the time his lordship swam
the Hellespont.

CONSEQUENCES OF FRIGHTENING CHILDREN.—A
schoolmistress, for some trifling offence, most foolishly
put a child into a dark cellar for an hour. The child was
terrified, and cried bitterly. Upon returning to her
parents in the evening she burst into tears and begged
that she might not be put into the cellar. The parents
thought this extremely odd, and assured her there was no
danger of their being auilty of so great an act of cruelty ;
but it was difficult to pacify htr, and when put to bed she
passed a restless night. On the following day she had
fever, during which she frequently exclaimed, " Do not
put me in the cellar!" The fourth day after, she was
taken to Sir Astley Cooper, in a high state of fever, with
delirium, frequently muttering " Pray don't put me in
the cellar!' When Sir Astley inquired the reason, he
found that the parents had learnt the punishment to which
she had been subjected. He ordered what was likely to
relieve her ; but she died in a week after this unfeeling
conduct. Another case from the same authority may
here be cited. It is the case of a child, ten years of age,
who wanted to write her exercise, and to scrape her elate
pencil went into the school in the dark to fetch her knife,
when one of her schoolfellows burst from behind the
door to frighten her ; she was much terrified, and her
head ached. On the following day she became deaf ; and,
on the next, so much so as not to hear the loudest talk-
ing. Sir Astley saw her three months after this had hap-
pened, and she continued in the same deplorable state of
deafness. A boy fifteen years of age was admitted an
inmate of Dundee Lunatic Asylum, having become imbe-
cile from fright. When twelve years of age he was ap-
prenticed to a light business ; and some trifling article
übepi ni
ng
no ndeardkayuelmissing,lnr.
T hhee
uwhaisld,
raelonngw
ewrieThn,outchhe r
as ialromckAcl;
and all were let out, with the exception of this poor boy,
who was detained until past midnight. He ?ecame from_
this time nervous and melancholy, and sank into a state of
insensibility, from which he will never recover. The mis-
sing article was found on the following morning, exculpat-
iGnignsivhnewbocyufnrioimitutthion
the guilt with which be had been charged.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, MAY 28.

BARROW AND ANOTHER V. ARNAUD.

The plaintiffs in this case are merchants in Liverpool,
and the defendant is the collector of the customs in that
port-. The-plaintiffs had imported a cargo of corn into
Liverpool by the ship David and John, from Spain. The
new corn-law, which received the royal assent on Friday,
the 29th of April preceding, repealed the corn-law of
Geo. IV., and at the same time enacted that the duties to
be levied on corn should be based upon the averages to
be returned on each Thursday. The David and John
arrived in Liverpool during the five days between the29th
of April and the first. Thursday after the passing of the
act, when the plaintiffs contended the ports were open,
and no duties could be levied. The defendant, however,
contended that the corn was liable to duty, refused to
suffer it to be landed, except in bond, where it remained
for two months, and was then released on payment of
duty. The plaintiffs brought this action to recover da-
mages for loss sustained by this detention of the corn by
the collector of the customs at Liverpool. As there was
no dispute as to the facts of the case, a special verdict
had been 'taken, subject to the opinion of this court, as
to the construction to be put upon the act of parliament.
The Court, having heard Mr. Erie for the plaintiffs, and
the Solicitor-General for the defendant, took time to
consider their judgment.

COURT OF EXCHEQUER-THURSDAY.

OLD COMPANY CARTERS.
CAMPBELL V. POWNALL.

This was an action tried at the last assizes for Liver-
pool, before before Mr. Justice Coltman. The plaintiff
is a carter, and the defendant the secretary or manager of
a voluntary society, established in Liverpool, for pur-
poses of mutual indemnity, and known as " The Old
Carters' Company." The verdict was taken for the de-
fendant, apparently under the impression that the plain-
tiff and defendant were partners in the Old Carters'
Company, and that the former could not sustain an action
arising out of the partnership transactions.
After hearing the case argued at great length by Mr.
Watson and Mr. Crompton for the defendant, and with-
out calling on Serjeant Murphy and Mr. Cowling, who
appeared for the plaintiff,
The court granted a rule for a new trial, on the ground
that there was no community of profits between the mem-
bers of the Old Carters' Company, so as to constitute a
trading partnership.

SUMMER ASSIZES, 18,14:—The Judges of the different
courts met in the Exchequer-chamber, on Thursday
morning, and chose their respective circuits on the en-
suing Summer Assizes. The followingis the arrangement :
Midland—Lord Chief Justice Denman and Mr. Justice
Coltman.

o.zford—Lord Chief Justice Tindal and Mr. Justice
Erskine. _ _

Northern—The Lord Chef Baron Pollock and Mr.
Justice Cresswell.

Home—Mr. Baron Parke and Mr. Baron Gurney.
Western—Mr. Justice Patteson and Mr. Justice Wight-
man.

Norfolk—Mr. Baron Alderson and Mr. Justice Wil-
liams. _ _

North Wales—Mr. Justice Coleridge.
South Wales—Mr. Baron Rolfe.
Mr. Justice Maule remains in town, and will attend to
business at chambers.

A curious legal case (Chapple v. Cooper.) came before
the Court of Exchequer on Saturday. The action was
one brought by an undertaker to recover the amount of
his bill for the funeral expenses of the husband of the de-
fendant, who pleaded that she was an infant at the time
(under 21,) and therefore not liable on the alleged con-
tract. The plaintiff having replied that the charges in
question were necessaries suitable to the rank and condi-
tion in life of the defendant, it was objected at the trial
that the defendant was entitled to have a nonsuit entered
in her favour on this issue, but the learned judge, Mr.
Baron Gurney, reserved the point. Mr. Barstow moved
to enter a nonsuit, and submitted that the funeral ex-
penses of a husband or any other member of an infant's
family were not matters which came within the exception.
Though there was no express case in point, it was laid
down in the elementary books, that an infant could only
contract for his teaching, clothing, and medicine, which
were necessaries, and then only to an extent commensu-
rate with his situation in life. Mr. Baron Alderson.—
That is to say, for physical and moral necessaries—things
which are necessary for body and soul. How can the
burial of a husband be said to be a necessary either for
the body or the soul of his infant widow ? Rule nisi
granted.