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Leader (1850-1860), 29th January 1853, Edition Town of 2, Page 102, Untitled Article

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      Untitled Article

      We understand that it is the intention of the Government to call out the whole of the Militia of England , for one lunar month ' s training in April or May next . The force is to be out all over the country at the same time , with the object of checking tlie double , and even triple enlistments , which it is suspected have taken place . The appointment of an adjutant-general of Militia is only postponed till the force is raised . Lord Palmerston so perfectly understands the working of the Militia , that since his accession to office , matters have been adjusted which needed the master ' s hand . All now promises well . —Naval and Military Gazette .

      The Belfast Mercury says , that since the lowering of the standard for recruits , a great number of young men have been enlisted in this town . Almost every day a batch of recruits is attested at the policeoffice . The three-fourths of them are lads from the country , with tattered garments , who , having come to Belfast with a view of obtaining 1 employment , and not getting it , decide in favour of the army and against the workhouse .

      Untitled Article

      LETTER FROM ROSA MADIAI . At a meeting held at Exeter Hall on Tuesday , on behalf of the Madiai , the Lord Mayor presided . Among the speakers were the Earl of Cavan , Mr . T . Chambers , M . P ., and the Reverend Baptist Noel . There seemed a general inclination to propose that our diplomatic agent should be withdrawn from Florence until religious freedom was established . There was a good deal of speaking against the Pope and the Austrians ; but no sympathy was expressed for the political victims . The most interesting incident was the reading of the following letter from Rosa to Francesco Madiai by the Earl of Cavan : — " If you knew the pleasure which the news that you are better guve me ! It was very great , and tears of pleasure covered rny cheeks—for two motives ; first , that God has made you worthy of suffering 1 with his dear Son ; and , secondly , that he restores your health . Oh ! if we knew how to appreciate the degradations that we suffer for having confessed that there is but one Mediator between God and man ! My dear , you speak to me of expecting grace—pardon ; but permit ine to tellyou that the great pardon we have already received . JTow broken asunder are all our conjugal rights ; our house and goods scattered like dust to the wind ! We ourselves you see in what state ; and , with all that , we would not make an exchange with all the treasures of Pharaoh , or lose that holy rest

      which fl \ e Holy Spirit has given us out of full grace ! This I call grace ( or pardon ) , and the great grace . If a star is again to shine for us , it can be bub the star of justice , for we have done evil to no one , but , on the contrary , wo have received evil . Sellingus for a . fovr francesconi ( this alludes to the bribes which are known to have been given to their ungrateful betrayers and false witnesses ) , one for the sake of a shop gratis , another for fifty pieces of money : our accusers are the descendants of Judas ! Poor soula ! I pray that God may give them the tears of Peter , and not the punishment of Judas ; and that one day they may enjoy eternal glory . And if ( la povera ) thnt poor woman who hus been bought came and asked alms of mo , as at other times , I would still give it her ; for which God help me . —Amen . My dear , let us be ready to do the will of the Father , as it was done by his Son—our Master ! Let us

      not be troubled . 1 ' eter was troubled , walking on the water , fearing tho waves , and forgot that , since the Saviour walked towards him on the same waves , he . should not fear . He feared them , and cried out , ' Lord , save mo ! ' The hand of love succoured him , saying , ' Man of little , faith , wherefore didst fhou doubt ? ' Yes , the waves of fhin world too often make us fear , and the shame is ours . Let us remember the holy words—' Though J walk through the valley of the shadow of death , I will fear no evil , for Thou art with jae , Thy , and . My dear , rent upon the Lord , whelher for prosperity <> r suffering , in bad as well as in good health . All passes . ICti'mili / is the essential ! lie cheerful , and neck to restore your health . While therein that , dear soul , < lo not . give yourself the trouble to write to me , sinco lie will give me news of you . (> od bless you and cover you under the shadow of hm wings for tho mike oi' the grace of our Lord . lesus Christ ,. —Amen . " Similar meetings will be held in the provinces .

      Untitled Article

      Birmingham bus raised its voice on behalf of the Mailiai . A meeting wan held in the Town-hall , Hirminghani , for the purpose of giving an expression of public 1 opinion in the ease of the Mndiui , and the hundreds of oilier victims imprisoned in Florence , for reading the Jiible . Several speeches in accordance wit . h the objects of tho meeting were delivered , and a memorial to the Queen was adopted , praying thnt her Majesty would imprest * upon her advisers tho desirability of stronger remonstrances to tho persecuting power or powers ; hoping thnt , the high nameand lofty character of ICngliind may enablo her to nt , und forth an a shield for the protection of the unhappy victims of unchristian lawH ; and that , by tho interference of her Majesty , united with oilier Christian powers , a liberation of tho prisoners and a mitigation of persecuting laws may be obtained .

      Untitled Article

      OIUKVOUS OPPRESSION OK A LION AND A UNICORN . Ckhtain Scotch gentlemen of repute and station have actually iiddrcHHed h petition to the Karl of Kiimoul , Lyon King of Ai-iuh , praying that un unwarrantable alteration of the royt » l standards in use in Scotland

      may be suppressed , and that the new florin may be recalled and restruck . It appears that formerly the lion rampant , the arms of Scotland , occupied the first and fourth quarter on the field of the royal standard when that standard was hoisted in Scotland . Latterly , however , royal standards similar to those used in England have been displayed in Scotland ; namely , with the Scotch lion in > the second quarter . That is the first grievance . Next , the petitioners say that the cross of

      St . Andrew is placed behind instead of in front of the cross of St . George . Then , that on the new florin his leonuie majesty of Scotland is placed in the third shield , the Irish harp occupying the second , much to the disgust of the said lion . The next charge is distressing . It appears that from time immemorial the imperial crown has been borne upon the head of the unicorn , " the supporter of Scotland on the arms of Great Britain ; but that now , with trembling be it uttered , the crown has been struck from the head of the

      unoffending unicorn ! " In virtue of powers conferred on the Lyon King by acts of James VI . of Scotland , and Charles II . of Great Britain , they pray the said armorial monarch , the Earl of Kinnoul , to seize and escheat all the royal flags , and recal the florin ! Surely her Majesty will tremble for her throne . What will the British Lion do ?

      Untitled Article

      ACHILLI versus NEWMAN : NEW TRIAL REFUSED . This notorious case was closed on Saturday , as far as the arguments of counsel for and against the granting of a new rule were concerned , with a powerful address from Mr . Sergeant Wilkins in support of the case for Dr . Newman . The Court of Queen ' s Bench took time to consider its decision , and on Wednesday its mouthpiece , Lord Chief Justice Campbell , delivered judgment . After a lengthy disquisition on the recent alterations of the law , and some allusions to the peculiarities of the evidence in the present case , he said : " It has been very powerfully argued that with respect to nearly all the cases the jurymen were wrong * in saying 1 that the charges were not proved , and that another jury would have eoine to a different conclusion . Even if we

      should be of opinion that with respect to any one , or to all of these charges , the evidence greatly preponderated against the prosecutor , we conceive that we could not with propriety set the verdict aside and grant a new trial . The only argument used at the bar which , would lead to a different conclusion was , that the plea may be considered distributive , and that the jurors were entitled to find a verdict to be entered on the record for the defendant on any part of the libel covered b y a corresponding part of the justification , which they find to be proved . ' But this argument proceeds on a fallacious assumption . . It has uniformly been held that even in a civil action for a libel tho p lea of justification is one and entire . It raises only one issue , and unless the whole plea is proved , that issue must

      be found for the plaintiff- Some difference of opinion has prevailed as to how far a partial proof of the justification ought to operate in reduction of damages ; but all the authorities agree that there can be no partial finding for the defendant on the ground that tho justification is partially established . All doubt upon the subject is removed by the express enactment that , wherever there is a conviction after a plea of justification , ' tho Court in pronouncing sentence shall consider whether tho guilt of tho defendant is aggravated , or mitigated , by tho plea , and by the evidence given to prove or disprove the same . ' Tho Court is to consider tlm ovidonco on tho one side , and on the other , and to form its own conclusion whether it aggravates or niif igntcM the guilt of the defendant . By that

      conclusion the sentence is to bo regulated , and not by any declaration of tho jurymen , as to the credit which they think ought to bo given tr > the witnesses examined . It is quite clear that the opinion expressed by tho jury on any particular parts of the ploa ( tho whole not being proved ) could not be entered on tho record , it might bo reported by the judge who presided at tho trial to tho Court by which the sentence in to bo pronounced , but still the judges , in deliberating upon tho sentence , are bound to form their own opinions upon tho evidence , and as they think that- it aggravates or mitigates tho guilt of tho defendant , thoy are to apportion tho ^ mnishment accordingly . The evidence , as it appears on the notes of the judge who presided at the trial , comes in the place of the production

      of affidavits in aggravation or mitigation of punishment , when sentence is to be pronounced * ' Under these circumstances , how can wo not , aside tho verdict ami grant a now trial P This course is to bo adopted only where nouio issue has been improperly found , and a different verdict may bo expected . I till , bore it ; is admitted that the issue has been properly found , and that the jury must again find that , tho defendant wrongfully published the libel , without tho ctiuso or justification which ho has alleged in his ploa . Again , tho defendant must ooiho before uh for sentence , and tho evidence to be considered by us in measuring out tho

      punishment , would ( an fur mh wo know ) bo in no respect different from that given upon tho trial which has already taken place . For these reasons a now trial must bo refused , and sentence must bo pronounced ; but , pronouncing ( sentence , wo hIiuII , in the discharge of our sacred duty , consider whether the guilt , of the defendant is aggravated or mitigated by the plea mid the evidence given to prove and to disprove it . In this manner wo conceive that tho intentioiiH of tho Legislature will bo strictly fulfilled , and the ends of justice will bo fully answered . "—iiulo discharged .

      Untitled Article

      102 , THE LEADER . [ Saturday ,

      Untitled Article

      ESCAPE OF FRENCH EXILES FROM CAYENNE . THE Courier des Stats Unis has published the following communication by M . Riboulet , one of the refugees , who arrived in New York a few days since from Curacoa : — " You some time aga inserted a letter speaking of the escape of twelve political refugees from the Isle de la Mere , in French Guiana . This drama has now closed , and I hope it is not too much to ask the insertion of another letter , which will give to our friends in America the particulars of the escape . As no hatred is involved , in ray principles , I shall simply relate the facts without comment .

      " From the time of their departure from France , the Cayenne exiles submitted with difficulty to the bad treatment of their keepers , but , thanks to discreet counsels , no disorder took place during the whole passage . On their arrival at the Isle de la Mere , their troubles were greatly increased . Not a day passed in which the Governor of the island , M . Dubourg , did not threaten that he would put us in irons or shoot us , and that on the most trivial pretences . Our hearts , which had not yielded to cruel sufferings , were aroused to rebellion by this conduct , and we determined either to perish or to regain our liberty . We formed several plans of escape . It was first proposed to seize the Governor-General and bis suite on

      one of their visits to the island ; with such important hostages , it would have been easy for all to get on board a steamer and make our way to America , where we were certain of being well received . A few moments before acting on this plan , several of the principal conspirators refused to go on , fearing a serious resistance , and , in consequence , the effusion of blood . Besides , the hope of returning to their families , which depended on them for support , held back many of the married men . Another plan on . a larger scale was conceived ; this was to take possession of Guiana and join forces with the blacks . ^ I . deem it my duty not to say anything more on this subject ' —my friends will understand why .

      " The plans for a general escape having fallen through ,. 12 of us combined on the 8 th of" September , and formed a plan for a partial escape . At 10 o ' clock in the eveningtwo of our gumber went to the telegraph and broke down the signals . After the gendarmes had gone the round of the barracks the 12 refugees quietly left their chambers ,, and , each with a small parcel under his arm , went to theplace of rendezvous . There were concealed a small sack ' , of biscuit , some boarding pikes , and carpenter ' s tools .-Everything was placed in a little boat , which was pushedout by the men swimming . While this was being done ,, Barthelemy , one of our best swimmers , -went to take another boat which was about a pistol shot from the house ; of the Governor and pilots . We then struck altogether ,, some swimming , others pushing the boats , towards twolarge pilot boats which were in the offing . After unheard--of pains the anchors were weighed , the sails bent , and

      weput off with both the small boats in tow . An hour afterwards we threw overboard everything which was of no uso to us , and sailed towards the west , without chart or compass , and with , no provisions but five pounds of biscuit , some raw potatoes which happened to bo on board , four demijohns of wine , and two pots of mustard , but not a drop of water . Everything went pretty well through the night , and at daybreak we were able to repair the defects in our sails . We then mado rapid headway , and thought we had already reached the Dutch territory when we perceived the Isles du Salut . Wo lost some precious time in attempting to reconnoitre these rocks ; orders hadi already been sent everywhere to stop us , and wo were not , a little surprised to hear the alarm gun . Wo then por--ceived our error , and wore chased by a gun boat sent in ^ pursuit of us by tho officer at tho Isles du t- ' alut , with ; orders to shoot us down without notice . Wo learnt this "

      fact from the engineer of tho Voyageur and from three of our comrades who escaped after us . Our boat moved well ! and was double coppered throughout . " Wo bad got among the breakers of Synamerie , where it was impossible for our enemies to follow us . Tho night put an end to the chaso , and we thought wo wero safe , when wo were brought up short by tho sandbanks ; wo then perceived the firo of a schooner which had also given us ehano ; it wns the gendarmes , but they did not see us ,, nnd they could not approach uh at low water . At three ' o ' clock in the morning the tide roso , delivering us from our prison of mud and from the gendarmes ; we stood out to noa for oight hours , and from that time were not again dis--turbed . After keeping on our course for twenty-four " hours , wo arrived at Brandwarsoht , tho first Dutch post .

      On making a signal of distress they came to us . Wo re-(| unsto < l water and provisions , and sent throe men a . shoro to get supplies . The commander of the post was absent , and wo wore received by a Dutch resident . Jfo found us in a condition which led him to suspect , us ; he thought , that we wero convicts escaped from the Isles du Salut , and told uh that ho considered it , his duty to place us in arrest . 1 then uiiido this declaration to him : — ' Wo are twelve prisoners of war escaped from the Isle Do la MoVo—wo can keep on in spite of you ¦ - your post is too small—but I will inform you that on account of your suspicions we will not leave tho place wo throw ourselves on the protection of Holland in virtue of the law of nations . ' Tho resident told ' us that if wo were really political refugees , wo had nothing- ; to fear from Holland , and that wo might Uust ourselves ini his hands .

      " Ho gave me a written declaration that wo should not ' be delivered up , and I made my comrades disembark . Tin * next day M . Mais , the commander , arrived . IIn is a . Frenchman . Ho eared for us ns for brothers , and kept , us with him for three days to make us forgot , our nutter * - ings . We wen * then conducted to Paramaribo , where wif were received as foreigners arriving without passport * , lleldin wiiH assigned to us as a , residence , and J ' ararnariboi as a priHon . Meantimo tho governor took every procauv tion to satisfy himself of our idontity , and ou tho 2 m

  • Citation
    • Leader (1850-1860), Jan. 29, 1853, page 102, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1971/page/6/