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Northern Star (1837-1852), 31st March 1849, Edition 2 of 3, Page 7, MONDAY, Mauch 50. HOUSE OF LOHDS._Coi.ox...

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      Exeter, March 23. Thb Robdery Of The Mai...

      prisoners , but be trusted that when the iurv nttf S ; « U ' $ CTC ; vas uotthatdcsree of certainty m the case which would justify them j , » cou letter-, from the Post-orace had been Iodee . 1 with Ran-ett , and that they had safclv arrived at Bristol It was equally true that the loss iiadbccndiscovored at Bridgewater ; and it was not to be disputed tint 1 oole and Nightingale took their tickets at Bristol that morning , and came down by the mail train notwithstanding these circumstances , he would put it to the jury whether the robbery mio-ht not have been committed by other parties , who , ° in the confusion that ensued , cast the imputations upon pviaoweic , but lietru ^ ied that v . heis ilia in ...- ..,. « ....

      the prisoners in order to screen themselves . There wereothcrpersonsinthesame train : persons , it must be recollected , who had been suffered to depart without examination . The main question in the case , however was the fact of the robbery having been committed between Bristol and Bridgewater . The learned counsel , after remarking upon the danger and difficulty of effecting the robbery in the manner described , proceeded to say that it was more than probable that the robbery was committed at the Bristol station , and reminded the jury that before they convicted they must be satisfied that the robbery could not have been committed by other persons than the prisoners .

      Several witnesses were called , who stated that as long as they had known Poole he had been an honourable man in his dealings . In answer to questions from the counsel for the prosecution , they admitted that they had heard that he had been dismissed from the Great Western Company ' s service , but they did not know the reason . Mr . Rogers having replied upon the whole case , Lord Dexsiax summed up in a most elaborate manner , and the jury , after an hour ' s consultation , returned a verdict of "Guilty , " against both prisoners . Poole addressed the court . He said Mr . Andrews , the solicitor , was allowed to leave the carriage without being searched , and thatjic and Rheinhart , the guard , walked away together directly the train arrived at Exeter . —Both Mr . Andrews and tho guard declared the statement was utterly without

      foundation . Ifightingale said he was as innocent of the robbery as the child unborn . Lord Pexma-s , after expressing his concurrence with the verdict , pronounced the sentence , viz ., transportation beyond . the seas for the term of fifteen years in the ease of both prisoners . Mrs . Poole , who was in court , fainted at tho announcement ; and Ni g htingale ' s friends , who were present , appeared to be deeply affected . The case was not concluded until nearly twelve o ' clock , having began at nine in the morning . The Taphocse Murder . —J . Landick and J . MiUs were arraigned for having , on the 3 rd of December last , murdered Grace Uolman . Mr . Greenwood , Q . C ., and Mr . Bevanconducted the prosecution ;

      , Mr . Collier and Mr . Kai * slakedefended the prisoners . Mr . Greenwood opened the case . Three persons were engased in the transaction , one of whom has Confessed the whole story . The evidence was not the best for coming from such a source , but it would be borne out by other evidence . —James Eseott , a shoemaker , living in Exeter , said about four or five months before he was in company with Landick at the Sawyers' Arms , in this city . It was six o ' clock . Landick asked if he would go with him in the nig ht—they were sure to get plenty of money —seven miles out on the Tedburii-road , where there was an old woman living in a house by herself . He knew she had plenty of money . He said they would want some matches , a bit of candle , and two or

      three gimlets . Witness did not giye him any decided answer . Later in the evening , and when skittle-playing was finished , they went into the front room to drink sonic beer . The room was nearly full . When witness was going to leave , Landick called him back and said , " Will you go and see if you can get a gimlet , and we'U go on the road directly . " Witness declined , and they separated . Had never known any harm in Landick before then . He met him as an acquaintance as he had done before . —Other witnesses swore that Landick had proposed the same adventure to them , —Henry Wood , the accomplice , had worked as a shoemaker . Landick was a travelling tinker , and lived chiefly at Okehampfon , Moretonhampstead . When he first

      saw Mills witness was lodging at Landick b house . The day after the fair , saw Landick , who said he was sorry that he was out of work , but he could put two or three hundred pounds in his way without doing anything for it if he would go with him and his brother-ui-kiw Mills to a place called Taphouse and give an alarm if any one should come , where lived a very miserly old woman , who was worth a deal of money . On " the night of the murder they went through Taphouse village to the door of the old woman ' s house , when Landick said , ** I haven ' t shown you the best tool of all yet , " atthe same time producing a tinker ' s anvil , with which he tried to open the door , but failed . He then got a post , which they fixed under the window , and witness and

      MiRs held it while Landick got up , broke a pane of glass , aud got in . Soon after he made his appearance at the door , where they were standing first , with his face blackened and his shoes off . They all went in and locked the door , struck a Pgbt and lit a candle , and then witness and Mills blackened their faces , and took off their shoes . They all went up stairs to the room where the old woman was in bed asleep . They stood at the foot of the bed two or three minutes , when she awoke , and said " hilloa . " The moment she spoke Landick flew towards her and drew the bed-clothes over her head . Mills got on the bed and held her down , keeping the bedclothes tight across her head and his knees on her stomach . Landick began to break open some ofthe

      boxes in the room with the anvil . He went to the head of the bed and asked where her money was . She replied , as well as she could , that she had none . He replied that he knew better—she had plenty somewhere . Landick and witness then went to a chest of drawers , which they broke open . They found four silver table spoons ^ which witness put in his pocket . Landick went to the head of the bed a second time and asked where her money was , and threatened to cut her throat if she di 1 not teU . She again replied she had none . Landick asked if she knew who they were . She did not , and he said some of her tenants whom she had distressed had come to make her pay tenfold for it . They went down stairs , leaving Mills as before , and witness

      noticed a small cupboard between the fireplace and the window . Landick put his hand in a small sugar basin on the top shelf and handed to witness half-adozen tea spoons and two table spoons to put in his pocket . Witness did so after remarking a coronet , or crown , or some signature , on the handle of one of them . They went upstairs and examined the drawers again . In the same drawer they had first searched they found a small oval box , from which Landick took two rings , like gold ones , which witness put in his pocket with the rest . They returned to the bedroom and found Mills still on her on the bed . Landick said to her , " Xow you ' d better tell us where your money is . " She again said , in a low Toice , she had none . Landick then took up a box

      about two feet long and threw it carelessly towards her head ; it fell towards her neck ; witness heard her give a very loud pant , when Landick took up a chair and threw it on the bed also . Witness stepped forward and said , " Good God , why you'll kill the old woman . " Landick said , " that will stop her from hiUoaing , you fool . " They went down stairs , Landick opened the door , and they went out ; they put on their shoes and started , and then the clock struck two . They returned by the same road ; witness asked Landick what money he had . He took out of his pocket a sovereign and some silver , and gave him eleven shillings , which with Cd- for a night ' s lodging , and Cd . for a quart of beer , was his share . A little past Squire Fidford's

      lodge they threw their sticks away—two to the left and one to the right . Jwst as they got over the moor going towards Moreton , Landick asked witness for the things he gave him . Witness gave him the spoons and rings , which he wrapped in paper , and they concealed them in the hedge , about a mile and a half from Moreton . Half a mile before entering the town they came to some water , where they washed their faces and went to Landick's house , the door of which was unlocked and closed . They got in about five o ' clock , . and all went to bed . Between nine and ten in the morningfsaw Landick and Mills , but no conversation took place till four In the afternoon , when a man , whom Landick called

      for , said he had been stopped on the road , and told that a house at Taphouse had been robbed , and an old woman murdered . Landick was very inquisitive about it , and said to « Toe , " I don ' t believe the old woman is murdered . " Joe said , » I -unsure she Is ; the people in the village told me so . " Landick beckoned witness outside , and asked him if he felt daunted at hearing the old woman was murdered . Witness said he felt ready to faint , but Landick eaid he was glad of it , and on going inside capered about as if he had heard good news . —Nathaniel Beer , tbe constable at Tedburn , examined , with » brother constable , deceased ' s house the mni-niiw

      after the murder . Saw a box and chair on the bed ? He idid back the bed curtains and took off the box from her head . He then turned back the bed clothes and saw that she was dead , the clothes were pressed very hard against her face . She was not quite cold but her fingers had got rather stiff . The hoi weighed M lbs . and three quarters- He did not teplacelt again until the magistrate came . He went down stairs , locked the door , took the key with him , and went to Mr . fulford . She had lived with Mr . Pulford ' s & miry a great number of years . Other witnesses proved having found the cottage in a state that corroborated Wood ' s evidence .

      AtAHcn 24 . Thomas Hext , constable of Ashhurton , apprehended Landick on lie 27 th of December in the street at Ashburton . Put him into a public-house ^ Ued the Rose and Crown , with a man to guard 5 ^ - WMUt . J ^ Be « --got'bimseh * ready to go to Exeter . Prisoner asked what he was taken up for , m witness was not at liberty to teU Mm , Coming

      Exeter, March 23. Thb Robdery Of The Mai...

      over Ualdoii in a "trap , " whieh Burnett , an innkeeper , was dnv ng , L-. indick a rain asked what he was taken up for . Burnett said there had been a groat many horses stolen lately . Landick replied that he couldn ' t be taken up for anything except the ledbuni murder and robbery . Witness asked whylie made use of such words , and he replied because he had offered some silver spoons for s : ile at Exeter . Mills had enlisted in the 83 rd Regiment , and v ,- ; is arrested in Ireland . This closed " the case for the prosecution , and Mr . Collier having addressed tho jury for the defence , the learned judge summed up and the after twenfive , ,

      jury , ty- minutes' absence returned a verdict of " Guilty" against Landick ' and acquitted Mills . They recommended Landick to mercy , because they thought the murder was not premeditated . Mr . Justice Williams then passed sentence of death on the prisoner , in the usual form . This case , althoug h begun the first thing yesterday morning , did not conclude until six o ' clock this evening . James Mills was then indicted for the burglary , to which he pleaded not guilty . Mr . Bevan , on the part ol the prosecution , said he should not offer any evidence , and the prisoner yvas discharged .

      Bbhy St . Edmcxd ' s , March 23 . Henry Smith , Samued Hatcher , Robert Hateher , Abraham Harsum , Thomas Palmer , Robert Keeble , Robert Courins , and William Burrows , all young labouring men , wore indicted for shooting at Isaac Clarke , in the parish of BkxhaU , on tbe night of the 9 th of December , yvith intent to do him some grievous bodil y harm ; a second count charged tho intent to be to prevent their lawful apprehension . Mr . Prendergast and Mr . Sanders appeared for the prosecution ; Mr . Dasent defended the four first

      prisoners , and Mr . O'Malloy appeared for the four last . This was an indictment arising out of a nightpoaching adventure , in which , the ei ght prisoners were aU charged to have been engaged m the " Alder Car , " a preserve , belonging to Mr . Shoulgham , a gentleman of fortune , residing at Campsey Ash , in this county . After the examination of several witnesses , the jury returned a verdict of "Guilty " against Courins and Burrows , and acquitted the other prisoners . There being another indictment iu which the same men were charged with , the ordinary oflencc of night-poaching in the " Alder Can * , " on the same occasion , a fresh jury was . empanneled to try them for tho misdemeanor . When the evidence for the prisoners had been given , the court adjourned . March 24 .

      Mr . Prendergast now replied on the , whole Wise in a brief address , after yvhich his Lordship proceeded to take the opinion of the jury , yvho after a patient investigation , pronounced a verdict of " Guilty " against all the prisoners but Palmer , who was acquitted . The Chief Baron then passed sentence on Courins and Burrows , whom he ordered to be transported for the respective periods of fifteen and ten years , after commenting on the highly dangerous character of such combinations for the purpose of poaching as that in which they , together with Keeble , Harsum , Smith , and the two Hatchers had been clearly shown to have been engaged on the night in question . As to Harsum and Smith , who had added to the offence of night-poaching the aggravation of an alibi , which the jury had discredited , the sentence upon them was that they be transported for seven years ; while that upon the two Hatchers was that they should each be imprisoned for the space of twelve months .

      Shrewsbury . —March 22 . Charge of Matricide . —Mercy Catharine Jfewton , agod 30 , was charged with the wilful murder of her mother , Ann Newton , on the 5 th . of December last , at St . Mary Magdalene's , in tho borough of Bridgnorth . —Mr . Whitmorc with Mr . Phillimoi'C conducted the prosecution ; and Mr . Huddlestone yvith Mr . Kettle defended the prisoner , yvho pleadednotguilty in an audible voice . —Prisoner and Mary Corfiold lived as servants to Mr . Dyer , an invalid gentleman , at Severn House , Bridgnorth , who died a few days after the death of old Mrs . Xewton . The motive was , according to the theory

      of the prosecution , the earlier to obtain possession of some £ 400 , which would revert to her at Mrs . Ifewton ' s demise . —Mary Covficld gave a similar statement to that which has already appeared in this journal , relative to the barbarous treatment of her mother by the prisoner , which was corrobor ated by other witnesses . —The case for the prosecution having closed , Mr . Huddlestone addressed tho jury for the prisoner , the learned judge summed up , and tiie jury retired to consider their verdict . It was then announced that they could not agree and they were locked up and remained in custody , " without meat or drink , fire or candle , "

      March 23 . The learned judge took his seat in court at five minutes past eight , and the jury were brought in , looking careworn and exhausted , having been lookedup eighteen hours and three quarters . The prisoner appeared as calm as she had previously been . —Mi * . Hemp , deputy clerk of assize , on the names of the jury being called over , said , gentlemen , arc you agreed ?—Foreman : ~ So , sir . —The Judge : The lav * requires that you shall be kept in custody . —Foreman : I fear there is no likelihood of our agreehi " . —Mr . Garden : It is impossible for us to agree . We are pretty nearly equally divided . — The Judge : Doyousay it is impossible . ?—Mr . Pugh : Yes , my lord . —The Judge : In that case the only thing I can do is to discharge you , and you yvill be dismissed . — -After a short conversation with Mr .

      Hemp , the judge said : Take down the prisoner , who was accordingly removed by tbe matron . The crier then adjourned the court in the usual form to the judge ' s lodgings . —The jury yvas divided , eight for , and four against , a conviction . The prisoner will be kept in custody till the next assizes , then to be again tried on the charge .

      Kixosiox , March 26 . The Game Laws . —William Strudwick , 22 , was indicted for feloniously attempting to discharge a loaded gun at William Peters , with intent to prevent his lawful apprehension , and in a second count his intent was laid to be to do the prosecutor grievous bodily harm . Mi * . Lilly prosecuted . Peters is an assistant gamekeeper to the Earl of Onslow . The jury returned a verdict of "Sot Guilty . " March 27 . An LvcExniARr . —James Stevens , 28 , pleaded guilty to a charge of feloniously setting fire to a corn shed and other buildings iu the parish of Cobham , the property of George , Lord Vaux , of Harrowden . The prisoner was strongly recommended to mercy by Lord Vaux .

      Coventry , March 20 . Prize Fightixg . —The Assault ox C . B . Adderlev , Esq ., M . P . —Seven men , named Lancaster , Clarke , Hill , Richards , Trott , Sudbury , and Harrison , were charged with riotously assembling at Kingsbury , and assaulting C . B . Adderley , Esq ., ALP ., a magistrate of the county , and two police officers , in the execution of their duty . Throe of the prisoners pleaded not guilty . The others pleaded guilty . Mr . Adderley proved that on the 26 th of December last he ascertained there was to be a prize fight in the parish of Kingsbury , and went to the ground to put a stop to it . A ring yvas staked

      out , the pugilists , Clarke and Trott , fought , and nis endeavours to prevent the combat only ended in himself and the police being stoned , and struck with whips and other weapons . Sudbury was acquitted , and all those who had pleaded guilty were discharged on their own recognizances to keep the peace . Clarke , one of the combatants , was sent to gaol for four months , yvith hard labour , to enter into his own surety of £ 20 , and to find two other sureties in £ 10 each , to keep the peace , or be imprisoned until such sureties were found . Lancaster was ordered to be confined for one month , and find the like sureties to be of good behaviour .

      Liverpool , MAitcn 26 . The Ronxn Exploriok at Prestos . — Government Prosecution . —Roger Fogg was indicted for having caused the death of Mary Hart , at Preston , on the 31 st of July last , by his neglect as manager of a cotton mill . —Mr . Knowles , Q . C ., and Mr . Crompton appeared on behalf of the prosecution , and Mr . Serjeant Wilkins , Mr . Segar , and Mr . Germon defended the prisoner . —It appeared that the prisoner uras employed as the manager ofthe cotton mills of Messrs . Cooper and Garrington , at Preston , and in that capacity it was his duty to take care that the engines , boilers , and machinery of the mills were in proper order , and capable of being safely worked . On the 31 st of last July a boiler exploded at the

      Brunswick-mill , which was driving the machinery , and scalded to death and suffocated seven persons who were working in the mill , In that ease it was established at the inquest held on tho bodies of those killed that the boiler was worked at a higher pressure than was safe for its construction . It was safe to work such a boiler at 111 b . to ! 21 b . the square inch , when the steam would blow off by the register feedpipes attached to the boiler . These pipes had , however been removed , and the engine boiler at the time of the accident was working at a pressure Of 181 b . to 201 b . the square inch , and the prisoner had been warned that this was not safe . Tho prisoner , however , paid no attention to those warnings , and theresultwasthe melancholy accident mentioned . —Mr . Knowles said the prosecution had been

      instituted by the government , in order that the law on the subject might be known . —Mr . Serjeant Wilkins said , he could not materially alter the facts given in evidence , and that as the learned counsel for the crown had intimated that he did not wish to press harshly against the prisoner , who had been the vic-* Im of his wrongkeadedness , he should advise him to withdraw his plea and plead guilty . —The prisoner bore an excellent character . —His lordship said , that if a person caused the death of another by his wrongheadedness , he was guilty of manslaughter . As , however , the prisoner bore a good character as a humane man , and a reference to award compensation to the unfortunate sufferers was going on , he should only fine the prisoner £ 5 , and order that he should enter into his own recognizances in the sum of £ 100 to fcecp the peace for two years . —Tho

      Exeter, March 23. Thb Robdery Of The Mai...

      prisoner having complied with theso requirt incut ' s , was discharged . ' ^ Charge or Murder . —Mary Ann Smith was ctiarged with the wilful murder of Hugh Watson , at Liverpool , on the 3 rd of March last . —Mr . Brett appeared for the pi'osoout ' uMi ; the prWucr was not defended . —It appeared that on the 3 rd of March last , about half-past one o'clock iu the morning , the deceased was walking ncar-Spitalfields ,- much intoxicated , when a woman of the town , named Hail , got hold of him and led him to a house of ill-fame in Spitalfields . On knocking at the door , it was opened by the prisoner . The prisoner immediately put her hands into the waistcoat and trousers pockets

      of the deceased , and took out his money . She then struck him a violent blow on the face , which knocked him backward off the stops which led up to the door . The deceased eried out , " Oh , oh , must I be-killed in this way ? " The prisoner , then told the other women there to go into the house and put out the lights , and all would be right . If they made any noise , the police would come . Next morning the unhappy man was found dead at the door , by a yvorkman going to his yvork , yvith his skull fractured from the back of the head to the eyebrow . — The jury found the prisoner " Guilty of Manslaughter , " . and his lordship sentenced her to be transported for ten years .

      March 2 ? . Curious Charge of Arson . —William Cornforth Demaine was charged with having , at Liverpool , on the 6 th of November last , feloniously set lire to a certain shop and warehouse ,.. with intent to defraud the Yorkshire Pive and Life Lisurance Company . Mr . Sergeant Wilkins and Mr . Joseph Pollock prosecuted , Mi * . James and Mi * . Pashlcy defended the prisoner . —It appeared that the prisoner had for some years carried on tho business of a papor ruler , at Swift ' s-court , in this borough , occupying the upper part of a house , of which a printer , named M'Gowan , was tenant , who carried on business in the lower part of the premises , letting the upper part to the prisoner . The prisoner had , in the year

      1846 , insured his stock in trade in tho Yorkshire Fire and Life Insurance office for the sum of £ 000 . This , tho prosecution contended , was more than double the value ofthe articles insured ; but it yvas afterwards proved that the prisoner had goods on the premises not mentioned in the policy , thb destruction of which by fire , even though he should have obtained the full amount mentioned in the policy , yvould have left him a very trifling gainer . The prisoner employed six boya in his trade , two of them apprentices , who generally left-oft' work about seven to half-past seven o ' clock . They did so on tho night ofthe 6 th of November last , the prisoner having left a little earlier . About twenty minutes past eight the police on duty discovered that the

      part of the houso occupied by the prisoner was on fire . They broke open the dcor ( n 6-houy being in the house ) , and in about an hour the fire yvas put out , without having extended beyond the prisoner ' s rooms .- The prisoner sent in his claims upon the msurancc-officc , y vho , not being satisfied with the circumstances connected yvith tho fire , set inquiry on foot , and they found that shortly before the fire the prisoner had sent one of his apprentices . to borrow . a long bell-hanger ' s gimlet , telling the boy , if asked what it yvas wanted for , to say that it was for boring a hole in a walking-stick . This , it yvas contended , ivas a blind , because it yvas in reality wanted to enable the prisoner to run a small copper wire through the different floors of the

      house , from the street-door up to the loft at tbe top of the house , where tho prisoner kept loose paper . The apprentices and boys had suspicions that the wire was the cause of the fire . The next day the prisoner went to the house of one of the boys , and told him not to go near the burnt premises , and to say , if he yvere asked , that he kneyv nothing about it . He told the two apprentices that he would set them up in business if they yvould hold their noise about the fire , and he did eventually take a shop for them , and gave them several paper-ruling machines , together with other articles , and also £ 5 in money ,

      An agreement drawn up by an attorney was signed by the prisoner , releasing the apprentices from their apprenticeship , and agreeing to set them up in trade . In addition to these tacts , the prisoner had told different Stories , amongst others denying that he yvas at the premises on the evening of the fire , whereas he was proved to have left at ten minutes past seven . —Witnesses having been examined , Mi . James addressed the jury on behalf of the prisoner , yyhen the judge summed up and the jury returned a verdict of " Not guilty , " which caused an expression of feeling in the court . One man was committed for clapping his hands until the rising of the court .

      Hereford , March 24 . Attempted Murder . —Samuel Garrett , aged 35 , a coachman , was indicted for having , on tho 1 st of November last , at Ross , in this county , feloniously fired a certain pistol , loaded with a bullet , at one . Ann Phipps , with intent to kill and murder her . Mr . W . h , Cooke conducted the prosecution ; Mr . C . Smith the defence . It appeared that the husband of the prosecutrix kept a public-house , called the Half Moon , at Ross . The prisoner was formerly in the habit of frequenting it very much . Of late they did not like to serve him , and repeatedly told him not to come there . This irritated him , and on the day in question he yvent to the house , stood in tho street , and drawing out a small pocket pistol ,

      fired it at her ; and then drawing out another , fired it into his qyvn mouth . The ball penetrated the pallet , and where it afterwards yvent no one can say ; the surgeons not being able to determine whether it is deposited in the back of his head , or whether it fell out immediately . He did not hit the prosecutrix , but the ball passed close to her . On being told that she was not hurt , he said he was sorry he had not killed her outright . These facts having been proved in evidence , Mi * . Collins Smith addressed the jury in defence of the prisoner . The Judge summed up , " aud the jury returned a verdict of " Guilty . " The prisoner was sentenced to be transported ' for the term of fifteen years , Murder of a Wife . —T . Whitford , aged 45 , was

      charged yvith the wilful murder of his wife at Driller , in the county of Hereford . On the prisoner ' s first appearance in the dock , he appeared totally unconcerned ; but , as the case proceeded , he wept bitterly , and sat down during the greater part of his trial . It appears that a neighbour of the prisoner , on a morning in October last , yvent to tho door of the prisoner ' s house . Knocking , and not obtaining admittance , she called out "Betty , " yvhich yvas the name of the deceased . A voice from within ( yvhich Mrs . Price knew to be that of tiie prisoner ) answered "Betty is dead in tho bed . " Mrs . Price asked for admittance ; but prisoner answered that he could not open tho door , as Betty had locked the door , and had got the key in her

      pocket . Mrs . Price immediately gave an alarm to the neighbours , and after some of them had arrived and asked for admittance , the pr isoner opened the door by pushing back the lock . A most horrible scone then presented itself . In the kitchen lay the corpse of tho unfortunate deceased j her skull had been beaten to atoms . About a yard from the corpse lay the murderous weapon ( tho portion of a ladder , consisting of a part of one of the sides and a portion of the rounds ) , with which the horrible tragedy had been enacted . After the door was opened , the prisoner walked out of the house , and continued pacing to and fro before it , his mind being evidently greatly disturbed . Ho told the persons present" that he thought he had been fighting yvith

      the great goddess Diana , and at the bottomless pit , and said that if he bad known it had been his poor wife , he would not have done it for the world . The prisoner also went into the room again yvherc lay the mangled corpse of his wife , and fetched out a Bible and Prayer-book , reading a chapter from the first , and the 100 th Psalm from the second . He also performed many other extravagant actions , which , without it could be believed that ho assumed such behaviour , plainly indicated that he yvas insane . It appeared that fifteen or sixteen years ago tho prisoner yvas similarly afflicted , and yvas then labouring under the idea that some person , as he

      expressed it , " had cast a spell around him . The unfortunate deceased likewise shared in this , superstitious belief , for she observed to some of her neighbours , " the spell was coming on Thomas again , and she was determined to have it removed , cost what it would . " She had mentioned to several parties the alteration in her husband ' s conduct , and had told them that she was afraid to live with him , as his conduct had become so strange . The jury , under the direction of the learned baron , " Acquitted" the prisoner on the ground of insanity . —The Judge ordered that he should be kept in confinement until her Majesty ' s pleasure should be known respecting him .

      Highway RoDBBRr — Elijah Lewis , John Symonds , Henry Williams , and Thomas Thomas , were indicted for a highway robbery , yvith violence , on the person of Thomas Ball , on the 17 th of February last . The prosecutor on the nig ht in question , on his return home from the city of Hereford , when within a mile out of the town , yvas knocked from his horse , and robbed of three sovereigns and some silver by four ruffians , two of whom ho clearly identified as the prisoners Lewis and Williams . It appeared that a confederate , of the name of Turner , had given information to the noliee ot a robbery intended to be

      perpetrated by the prisoners on another person on the same spot that night , and that , therefore , they were on the alert ; but only arrived m time to hear the cries of Mi * . Ball , and see the persons yvho attacked him make their escape . The prisoners were taken into custody within a few hours , and a long chain of direct and circumstantial evidence clearly connected three of them with the robbery . For the other , Symonds , witnesses were called , who ester Wished an alibi ; he was therefore " Acquitted , and tho others being found " Gudty were sentenced to fifteen years' transportation .

      Beaumaris , March 24 . Ffi oniotjb SiJffiBina . ~ Samuel Smith was indicted for feloniously stabbing William Williams on the 8 tb of giber last , & , the town of Beaumai-. s , with intent to murder him . It appeared ^ from the eSfcnce that , on the day named in the indictment ,

      Prisoners, But Be Trusted That When The ...

      March 31 , 1849 == ~ -- — ^ == ~— THE NORTHERN STAR . I .. . " " ""' " ** i * jr "' ¦ mumi . 1 i . a »^» .- - ¦ "" -ro ^^ - ^ , « . » .., — —¦ . „¦ . - ¦ . ¦ mi » a , n „ J . „ 1 . . i ., 1 .. __

      T .0 Prosecutor Was Quietly Passin" Tho ...

      t . 0 prosecutor was quietly passin" tho prisoner and aiiother wan , whou 'the latter struck him , and on the prosecutor remohstratins tho prisoner came up , and , astiited i > y the other person , threw the prosecutor on tho ground , kicked him . severely , ami s ; rnck mm with stows . The prisoner was the more active aggressor . On the prosecutor risimy he turayvoi . iHseoiit , when ho was asain astaiied bv bmitli , who knocked him < Wn , knelt on his breasf , and tried to toroeout his eyes . After this ha became senseless . ihc parties were all more or less tipsv . ihe learned Judge hiving summed up the case , the jury retired , and on their return gave in a verdict '" Y ? - y" on tne secou-d count of the indictment —stabbing with intent to do some grievous bodilv harm . I'lie Court then sentenced the prisoner tb be transported for ten years , Ou hearing his sentence the prisoner / ell on his , knees in the dock and prayed for mercy , but , the learned Judge said he could not alter his sentence .

      Another Charms of Sxabbixc . —A Spaniard , named Jaboz Peres , pleaded . " 2 < et Guilty" to maliciously stabbing John Hughes , in Holyhead , on the 9 th of February last . It appeared that the prisoner formed one of a crew of a vessel from Havan-? w i t ? nd w't' 1 scvera- other sailors , Spanish and Welsh , was drinking in a public house on the night m question . In the course of the evening the prosecutor was attacked from behind , d / -. igged into the passage of the house , and there stabbed . The knife was seen in the prisoner ' s hand . All were tipsy . Ihc evidence was translated into Spanish for the benefit of the prisoner . . Voydict— " Guilty" of common assault . Sentence—Three months' imprisonment .

      KoRvncii , Mahcu 27 . The Staxfield Hall Mchdeiis . —The business of the croyvn court yvas commenced this morning . The usual proclamation having been read , Bavon Rolte proceeded to charge tho grand jury . In reference to tho prisoner Rush ,- he said , " having carefully read through the depositions , I think I shall best discharge my duty by saying very little upon the subject , and for this * reason .- the party in custody is charged with the commission of one or two murders , and one or two other acts that arc very much analogous to murder . In the cases of parties charged with murder , it often happens that questions arise of great nicety and difficulty . It is often difficult to ascertain how death has been . caused

      yvhether by any second party , or by a visitation of God . There are other cases of nicety and diifieulty arising from the distinction that must be drawn between murderand manslaughter . Other difficulties with regard to the causes of death might easily be . suggested , and in all cases where they occur I consider it my duty to point out to the grand inquest yvhat is the exact line of demarcation ,. so that the inquest may be enabled to arrive at a just and reasonable conclusion . But in this case ho sort of difficulty arises . It is clear to- demonstration that murder was committed by somebody—that will be proved , in evidence . Thcrois . no doubt whatever as to the cause of death , ancltho only thing you have to consider is yvho committed the murder , whoso was the hand that . inflicted the deadly blow .

      Evidence , as I have said , will bo brought before you which will guide you on that point . Persons will come forward who , so to speak , ivere more or less present at the time the murders were committed , and that evidence will go . directly to the identity of the party who perpetrated tho murder-.. That is a sort of evidence which the human mind eagerly grasps , and which , therefore , perhaps ought to be more carefully inquired into . Evidence ought probably to be looked upon with more suspicion , which goes directl y to the point—the point of identityfor nothing is so likely as that people may be mistaken as to the person by yvhom a great outrage has boon committed , more especially when they are in a state of the utmost confusion , and have little

      tunc to sec , or at all events , to pay much attention to , what is going on . But this is a mere general observation , which , in' the present case , is very much weakened , inasmuch as several persons speak to the identity of tho murderer . There will be other evidence , at least so it appears in the depositions , tending to fix the . crime upon the prisoner , and making his previous conduct inconsistent with his innocence—consistent yvith his guilt . It will show that there yvere motives in his mind that might induce him to commit this murder . But here I may say that the apparent absence of motive will not conclusively show that the prisoner did not commit the crime . Who can dive into the human heart to know exactly what people ' s motives are ? Yon can only judge in such a case by a careful combination of all the cu-cumsfauwes which yvill be

      brought in evidence before you . In this case yon will have evidence with respect to his previous conduct—tho ii priori evidence , if I may use the term —then with regard to the events of the time , and then as to his conduc't afterwards . When , therefore , you have viewed tho whole ease , as I hare no doubt you will , calmly and dispassionately , dismissing from your minds all you have heard and read , you will decide yvhether" the evidence before jou satisfies , you that the prisoner is the guilty- party , and if so you will find a bill against him . ' If you think the evidence is not satisfactory and conclusive , your duty to your country and to the prisoner will induce you to reject the bill . I think I need not trouble you yvith ' any further observations , as the case is ono in which no difficulties are likely to arise . The grand jury then retired . Mr . Sergeant Byles , Mr . Prendergast and Mr . James , will conduct the case for the prosecution .

      CHAiiGJ-: of Stabbing . —John Richardson yvas charged with stabbing John Emms , yvith intent to do him some grievous bodily harm , on the 18 th of August . Mr . Palmer appeared for the prosecutor . Tho prisoner is a journeyman butcher , and it was shown that he was drinking at the house of the prosecutor , in the parish of St . John Timberhill , in this city , on the 18 th of August , yvhen ho got into a quarrel yvith tho ostler , on whom he drew his butcher ' s knife , threatening to do for him . The landlord very properly interfered to protect his servant , and after a long stru ^ sle yvith the

      prisoner , he took ins knife from him and gave it to the ostler . The prisoner , however , would seem to have got hold ofthe knife again , for he once more began to brandish it among the company . This produced another scuQle with the prosecutor , in the course of which the prisoner was seen to "job" his knife at the prosecutor , who shortly after discovered that he had received a slight wound on his left hip . The learned Judge left it to the jury to say yvhether the yvound was accidental ; and if not whether it had been inflicted b y the prisoner yvith any such intent as that charged in the indictment . The jury having found the prisoner " Guilty" of a common assault only , he was sentenced to two months'

      imprisonment . PonoEar . —William Kiddle Warren , a respectablelooking farmer , pleaded " Guilty" to two charges of forging bills of exchange for £ 25 . Mr . Palmer , for the prosecution , recommended the prisoner to mercy on account of his previous character ; and Mr . W . Cooper called several witnesses to the character of his client . Mr . Baron Rolfe , however , thought that his duty to the public imperatively called on him to pass a severe sentence on the prisoner at tho bar . Not many yeArs since his life yvould have been forfeited for this offence ; but the Legislature had thought proper to mitigate the severity of the law , and he ( Mr . Baron Ilolte ) could never bring himself to throw discredit on the change by shrinking from carrying out tho law as altered . The sentence ofthe Court , therefore , was , that the prisoner should be transported for ten years .

      March 28 . The grand jury having had the bills against Rush laid before them about half-past two o ' clock this afternoon , returned into court about half an hour afterwards , finding true bills for yvflful murder against the prisoner Rush . There arc two indictments for yvilful murder , and two for assault with intent to murder . Only four witnesses were examined by the f rand jury—tho cook and the butler at Stanfield Fall , Dr . Dickson , tho medical attendant , and Emily Sandford , otherwise the Widow . James . Eliza Chestncy has just been brought into Norwich from Stanfield Hall . Sho was carried in a swing cot borne by four men , she being so weak as to be unable to boar the motion of a carriage . Mo . vMOT / rn , March 27 ,

      Dkspekate Attempt of a Prisoner to Escape from Cosronv . —F . Williams , aged 22 , was indicted for having cut and wounded John Morgan , constable , of Langstono , in this county , with intent to kill and murder the said John Morgan . —Mr . Huddlestone prosecuted the prisoner , who was undefended . The prisoner yvas taken into custody hy Morgan , upon a charge of stealing a pig ' s cheek ( to which charge he pleaded guilty at these assizes ) , and was being conveyed by him to Usk Gaol . The prisoner , had behaved , it seems , in a most orderly manner till ho got near to Usk , and was conversing with the constable upon the mountainous state of tho country when suddenly he struck Morgan a severe blow upon the head , yvhich stunned him , and then threw him heavily upon the ground , falling upon him . As soon as Morgan was alittlorecovered a desperate strueele ensued between him and the

      prisoner , the two being linked together by the handbolts . The prisoner yvas evidently the stronger man and had the best of the encounter ,. While the constable yvas upon his back on the ground the prisoner knelt upon his chest , drew a large knife from his pocket , and endeavoured to cut the constable ' s throat , and , indeed , inflicted two slight wounds upon it , the one just over the carotid artery . He also cut him through the oar and on the cheek , and Morgan was literally smothered with blood . The prisoner then endeavoured to cut his own throat , but was prevented from doing so by tho constable , who , in preventing him , had his hands severely cut . The contest continued until a gentleman , who rode by on horseback , sent assistance to the constable from Usk . A man , named Morgan , a cousin to the constable , and one or two others , going to the " scene of action , " the witness Morgan said that when he went to the spot he did not know the constable Morgan , though he was his cousin , as he was covered so

      T .0 Prosecutor Was Quietly Passin" Tho ...

      thickly with liUsod iuul woi'iids . This winies *; took t ' tie knife from the prisoner . Tlic pri < onor , in his defence , s . ikl that he was subject to tits , and that his head waa aflected , and at tunes ho did not know what he was doi »* . , which was the case when ho attacked the constable . The jury found him " Guilfv , " and Mr . Justice Coleman sentenced him to be transported for fii ' imi years . . SnaniXG a Wifb . —John Roes , a cripple , aged 5 : 1 , who was carried into court , was charged with stabbing and yvounding his wife , Mary llees , at Bcdwelty . —Rees was jealous of his wife , ana on the evening of the 22 ud of August had had a quarrel with her Prisoner , after ho was in bed , asked Vov a pair of scissors , to cut his wife ' s wedding-ring out of the collar of his coat , in yvhich he liaa sewn it . About . five o ' clock the next morning , a man and his wifeyvho yvere lodgers in prisoner s house , heard

      , the prosecutrix cry out in Welsh , " Oh , God ! * The man immediately hastened to the prisoner ' s room , and pulled his wife out of bed ; sho had been stabbed through tho nose , on the neck , and at the bottom ofthe abdomen ; and the ' witness described the floor as covered with blood from the wounds . The prisoner yvas heard to drop something out of bed on the floor , and a pair of tailor ' s scissors or shears , with which the wounds had evidently been inflicted , was found . —A surgeon yvho examined the yvounds described them as not dangerous . —The woman said she did not wish her husband punished ; she had been chargeable upon the parish of Bodw-elty , and the . parochial authorities had caused the prosecution to be instituted . —Tho jury found tbe prisoner " Guilty , " but , in consideration of having already Buffered nine months' imprisonment , he was only sentenced to undergo a week's further

      incarceration . Warwick , March 2 S . PnosEcxmoxs for Sedition . —Mr . Mellor applied to the Coiirt on the part of the Crown , to discharge the recognisances of tho witnesses for tho prosecution against George White and Edward Ring for sedition . White was now under confinement for a similar offence , and as tho peace of the town of Birmingham had not been disturbed , the Attorney-General did not think proper to prosecute the indictment . His lordship assented to the application , and the recognisances weve discharged .

      Surrey Sessions.—March 24. Cimi. Co**?, ...

      SURREY SESSIONS . —March 24 . Cimi . Co **? , axd Robbbkt . —R . Wardlcy , a smartlooking young man , was indicted for stealing at Kingston-upon-Thamos , a bedstead , six silver teaspoons , a metal teapot , and other property , belonging to John Bevan , a market gardener . ~ Mr . Charnock defended the prisoner . —The prosecutor , an elderly man of rather curious appearance , stated that he resided near tho Deftbrd station , on the Birmingham Railway , and , in the beginning of September last , he took some land at Kingston , for the purpose of removing bis business near to the metropolis . Having completed most of his arrangements he despatched his wife to Kingston , yvith the property mentioned in the indictment , intending to follow her in the course of a few days , but she sent him several letters , telling him that things were so

      dull m that part of the country , that ho had bettor stop at Deftbrd a little longer . On the 15 th of January , however , he started on his journey , and when ho arrived at Kingston , he was much surprised to find that his wife had quitted the place with all his property . He made inquiries in the neighbourhood , and soon ascertained that she had eloped with the prisoner ou the 15 th of December , - and , after considerable trouble , ho traced them to the prisoner ' s house , at Bladall , in Suffolk . Ho arrived at the latter place on the 3 rd of February , » little after eight at night , and was admitted into the house b y the prisoner in his nightdress . While he was talking to him his yvife came from the other room , also in her night dress , and wanted to embrace him . He pushed her away in disgust , and handed

      her paramour over to the police . Tho whole of his ? roporty was found in the house . —Mr . Charnock : ou are well acquainted yvith the prisoner , and had been on friendly terms yvith him ? Witness : He once lodged in niy houso * , but he is a single man and I suspected him . —Mr Charnock : Your wife is a very pretty vroman , is she not ? Witness ( pointing to his wife in the body of the court / ; There she is , look for yourself ,- she has been a pretty bad one tome , any how . ( Laughter . )—Other evidence having been given , Mr . Charnock addressed the jury at some length , contending that no charge of felony could bo made out , as the yvife took the

      goods ayvay from her husband . —Tho Chairman , in summing up the evidence , said that the property had been found in tho prisoner ' s possession , yvhich made it a felony . The jury had nothing to do with the immoral conduct of " the parties , but to consider yvhether the prisoner yvas guilty of stealing the property . —The jury , after a few minutes' hesitation , returned a verdict of "Guilty . " —The Chairman commented severely on tho prisoner ' s immoral conduct , and sentenced him to two months' hard labour at Brixton , —On hearing tho sentence , the prosecutor ' s yvife rushed out of court , vowing vengeance on her husband .

      Who'ia. Max The Gjiixdstoxe.—When I Was ...

      Who ' ia . max the Gjiixdstoxe . —When I was a little boy , I remember one cold yvinter ' s morning I yvas accosted by a smiling man with an axe on his shoulder : "My pretty boy , " said ho , " has your father a grindstone ? " " Yes , sir , " said I . "You arc a fine little felloyv , " said ho , " will you let me grind my axe on it ? " Pleased with his compliment of "fine little fellow , " " 0 yes , Sir , " I answered , "It is down in the shop . " " And will you , my man , said he , patting mo on the head , " get a little hot water ? " Iloyv could I refuse ? I ran , and soon brought a kettleful . " How old are you , and yvhat s your name ? " continued he , without yvaiting for a reply ; I am sure you are ono ofthe finest lads that ever I have seen ; yvill you just turn a few minutes for me ? ' Tickled with tho natterv , like a

      little fool , I went to work , and bitterly did I rue the day . It yvas a new axe , and I toiled and tugged till I yvas almost tired to death . The school-bell rang , and I could not get ayvay ; my hands yvere blistered , and it was not half-ground . At length , however , the axo was sharpened , and the man turned to mc with " now you little rascal , you ' ve played the truant , scud to school or you'll buy it . " Alas ! thought I , it was hard enough to turn a grindstone this cold day , but now to bo called a little rascal , was too much , It sunk deep in my mind , and often have I thought of it since . When I see a merchant

      over polite to his customers—bogging them to take a little brandy , and throyving his goods on the counter , —thinks I , that man has an axe to grind . When I see a man flattering tho people , making great professions of attachment to liberty , who is in private life a tyrant—methinks , look out good people ; that fellow would sot you turning grindstones . When I see a man hoisted into offico by party spirit—without a single qualification to render him cither respectable or useful , —alas ! methinks , deluded people , you are doomed for a season to turn tho grindstone for a booby . — Franklin .

      Threatening to Commit a Magistrate . —The Lent Assizes for Berkshire have been customarily held at Reading , but in consequence of the refusal of a section of tho magistracy to build new Courts ( so that all persons having business may be accommodated ) , the assizoa have boon transferred to Abingdon . In his charge to the grand jury at tho latter place on the 27 th ult ., Baron Piatt alluded to the subject . Mr . B . Wroughton , ono of tho grand jury , who had entered tho witness box , said ho hoped his lordship yvould allow him to answer som ' o observations made with respect to the courts . ( Cries of " Hear , hear , " from others of tho grand jury . ) Baron Piatt replied , that representing her Majesty , he would remind t ? io gentleman that a monition had

      been read to the Court , yvhich yvas , that any person interrupting tho judge in his address to the grand jury was liable to imprisonment ; therefore he little expected , yvhen addressing them upon a public subject—a subject which came quito within the province of a ' judgo in addressing a grand jury—ho should have been interrupted ; and ho certainly little expected to hear a murmur of approbation proceeding from other gentlemen present . Ho would have them to understand that , yvhatover might be the situation of any gentleman , the lawwould be justified and upheld as much in his case as in the case of a poor man standing in tho crowd in his humble jacket , and if the interruption yvas continued it would bo his duty to commit him . Viscount BuVrington subsequently addressed the

      judge , but not till "tho charge had been concluded . Seizures for Church Rates . —A correspondent ofthe Leicester Mercwx / writes : " The quiet village of Kirby Muxloo was disturbed a few days ago by one Of those disgraceful scenes yvhich so frequently spring out of episcopal tyranny—tyranny which ever attaches itself to any dominant sect armed with secular power , and which calls so loudly through the length and breadth of the land for legislative redress . Mr . George Hall , a gentleman of high respectability residing in that pariah , and who had previously offered a subscription on the voluntary principle more than tho amount of his rato , was nevertheless distrained upon for the sum of £ 7 Os . 10 d ., for which the churchyvardens , Messrs .

      I . Hookc and S . Brewin , seized seven sheep worth £ 15 ' A poor man of excellent character in tho same vill age—William Copson--was also visited by these modest supporters of this widely-detested system and for a rato of 5 s . 8 d . his little homethough it has been an Englishman ' s boast to consider his house as his castle—was forcibly stripped of most of those articles of furniture ho had long laboured hard to secure , viz ., six chairs , one diningtable , a deal table , ono barrow , and two blankets , valued by the churchwardens at £ 2 lis ., but in reality worthdouble the money . The Brighton Gazelle says the borough gaol at Rye is now thrown open for an airing . There is not »' p risoner of any kind in it ; and may it be long ere it w agara occupied ' .

      S.J.'.* 0 '-. * Ins Y Iuikiuuhi*

      S . J . ' . * ' -. * Ins y iuIkIUuHi *

      Monday, Mauch 50. House Of Lohds._Coi.Ox...

      MONDAY , Mauch 50 . HOUSE OF LOHDS . _ Coi . oxim . P < ii . i"Y .-Loui £ t . \ . \ i ¦ ••! - pt \ ci'iitrd a pe-itioti b'" - : \ ova Scotia , cniiHamiN-: « , f tl 1 P Ci ! SC 0 f Mr , Kii ' vtiks , aiHloliueway '„ % » hit-li the u' ! n ; inisU'ut " . ' . * . ! ihe province ..-= •¦« w h . c » ed . The peti iom-ir- < : < )¦ :: ¦ ¦ i ;; ed thn t ; Mr . lairl-ank .-: had been removed fiom >' ¦ ¦ : oioniai-trcasu'crfhi ; . by a pavtv who had ¦•¦•* . ¦ . jj-to power into ( ha colony , without c <* mpcii' -a : w :, and in violation e-X * . m umb-rstamlhig , that the t , ?* ic < was wot to be hvkl by a political tenure . The m . i . k h rd also yvent into the general question of r ;* -. | : ( .. \ sible governmei-t in the colonies . Until n compun . tWcly recent period the government at home had been

      carvied on by responsible heads of department-., ' with * out requiring the unity of action which now ^ ined to be necessary . It was not easy to find members of cabinets in ( his country always united upwi various political questions—C' hear , hear , " a ^ u a hugh ) —and if it was difficult here , how much move must it be where tho number of persons wan saallwhere there must be wanting a large number of properly qualified persons , in sufficiently easy eiivurastances to enable them to devote their time to the public service , without making a political life tliQ means of obtaining andjobl'ing for political emoluments . ( Hear , hear ) He need only instar . re the ausutt assembly which he was then addrf . ss ' rj ; . ' , and without yvhich it would be impossible the ; 'Vernnv . nt of this country could be carried on , feshow that without sueh » check democraticforius ' id'government must be inevitable . And with Ik w muck

      greater force woird such an argument ap * ny to a colony ? ( Hear , hear . ) If their lordship ** " Mouse did not exist , what power would there be to j > ovent an unbridled democracy ? and without » similar check to the government of a colony the same ' evil must ensue . He maintained that by the •••• esent system there yvas no such check , The col ny of Nova Scotia consisted of 250 , 000 persons * , w . d the popular assembly was composed of fifty-one minibers ; the legislative council consisted ofa v-ryingr number appointid for life ; but if the pviwiuleof party government was adopted in the coloiii' " s the legislative council became the mere tool , age . \ t , and echo of the House of Assembly . In fact , the institution of the legislative council was such as to give

      no effective check over tho popular body , ' ihe executive council must command the conliilence of the assembly ; and the governor , in every instance , was bound lo act bv tile advice of his execiiuve council , lie need hardly say , that in a body of sixteen or seventeen persons , composing the legislative council , it was not difficult to obtain a majority to whom , the ' government yvould be bound to listen . If , therefore , Ihe executive council could have no ci-cckoii the assembly , the governor himself could v s - su \ i the governor had to acton the advice vf the legislative council , appointed as i . was , and being a mere echo of the assembly , yvhat power cou ' tt'iie have over the latter body ? The Secretary Vf ; State , therefore , was bound to give his protection av / . l prevent the tyranny of a small majority ; aisd if lu ' s

      support failed them , the colonists had nothing to look to , ami the power of the crown would be utterly void . They might as yvell declare at once tin- absolute independence of the colonists , and leave -them to unmitifratod ' democracy . ( Hear . ) The petr ' oners complained that the government bad dismissed from offico more than a hundred justices of the i-eace , without any sufficient cause being assigned ; and acting , of course , on the advice of the cxeavtiva c lined . Any measure which was passed _ by tbe liberal majority in the Assv nibly would also b" passed by the liberal majority of the legislative council , as a Blatter oi course , 'ihe lieutenant-governci' must act on the advice of his cabinet , and there ;'; .: e his power was a mere echo of theirs . This was ( he representation of the petitioners . The petitioK .- 's entreated the House to takeinto consideration tit : facts thev set forth , with a view to the layfntr down of rules by which they might obtain a just e . mtrol

      over their affairs , and be able to protect thein-eiveS from the oppressions of a despotic power , ilc did not shrink from admitting the difficulty of responsible government in our colonies , but unless some stand be row made , some definite means l > e laken by the Secretary of State , the authority of tb .. crown itself would gradually become nidi , not only in Nova Sc-tin , but the neighbouring colonies . ( Hear . ) The consequence of tbe doctrine now held , was that the government there and the crown here were iv ; th irresponsible , at d that however revolting thens ' asure might be to the loyal inhabitants of the provide , or to the feelings of the country , parliament it df was to be powerless , the Secretary of State duml * , the majority of the provincial parliament was to - ¦ wail » and tbe fiat of the croyvn to be given to an i .- \ . act *« ment which stamped previous rebellion with the character ot law , ami stigmatifed the loyal ipiiabi * tants of the province for their successful and devoted resistance to rebellion .

      Earl Gkky said that , as his reply was basei' upon the foundation of bulb , he did not fear to Ciir- 'Winter the r . oble lord's superior powers , and , instead f beginning with Air . Fairbanks , he thought he suiould make the case more easy of comprehension \ \' . "S explained his views upon our system of coWlul legislation , and pointed out their application to lb * .- ease before them . The noble lord admitted that there yvas gieat difficulty in reconciling the exert . > c oi control by the crown , the maintenance of \' . s . due authority , and the enjoyment if those privileges of self-governmet t by the colonists in their own .-. flairs / yvhich ths-y valued no less than we did in this country . His nob ! - , friend , Lord J . Russell , when holdinij the office of Secretary of State for the Colonies , ( -aid it was easy to point out contradictions and difficulties

      from the extreme u-oof power possessed bytt . i different au-horitics in our colonies . He held tlut tfca same was equally true in this country . If the S overeign used the power she possessed—if the House of Commons pushed to extreme the ihjht of refusing ( he supplies-if their lordships'house were lo usa their equally undoubted right of rejecting those measures of which they disapproved , —if those great autlioritirs in the state were to strain to their utmost the powers they possessed , it was clear that our hallowed system of Constitution yvould in one month be brought to a stand-still , and the whole con-plicated system of our institutions be throyvn into hopeless disorder . ( Hear , hear . ) Touse theexpiessive , words of his noble friend , it waa the vise moderation with which these constitutional power .-: were

      exercised that secured their successful operation . Each in his turn gave way somewhat to the other , and by forbearance and good sense , by adspvhu- their conduct to circumstances , notyvithstanding those theoretic difficulties by which you might prove with great ease that the British constitution , could nofc possibly work , by these means that constitution had flourished for generations to the infinite advantage of those yvho had the happiness to live under the protection of our noble institutions . So it was with our colonies . If the governor had invariably acted upon his own judgment—if the Assembly on tbe othes hand insisted on having their views carried into effect-if the Secretary of State was to say what were the best measures , he would at once say that sacha system of government could not possibly work

      But if , acting upon a different principle , the power of the crown was used , not to resist by force public Opinion in the colonies , not to drive but to influence and lead , then tbe system might yvork smoothly and well , with infinite advantage to the colonies and great brnifit to this country . But it depended entirely Upon the discretion used in the exercise of those great powers , and into yvhose hands they were confided . He scrupled not to say that our North American colonies had reached a stage in their progress when public opinion and that of the colonists themselves must ultimately be supreme , and decide upon all measures of internal policy . He believed it not to be either practicable ordesirable that any other rule should prevail , and he was persuaded thatiftha powers of the crown were used in that sense , know * and how far could not

      ing how far we could go , we go . that the greatest advantage would accrue to the colonists , and that the colonists themselves were of that t . pinion . In a despatch moved for in the other house of parliament , he had endeavoured as clearly as he could to state his views to the governors ef thosg colonies but so far from saying that they were t ( J consider themselves free from responsibility , he said that a great and high responsibility was placed upon them ; but , on the other hand , under the form o £ government given to those colonies , it yvas impossible to shrink from the conclusion that public opinion must decide disputed questions . The noble lord having read an extract from the despatch alluded to , iu which , addressing Sir J . Harvey , he pointed ov . % the manner in which he should exercise his authority , adding that , that which enabled him to refuse hie sanction to measures of thelocal legislation depended

      for its efficacy on being used sparingly and with the greatest possible discretion , proceeded to observe that if parliament was not prepared to support the government of our North Americcn colonies upon these principles , he , for one . would say they could be supported on no other . They were the principles and views he had uniforml maintained since he had the honour of a seat in either house of parliament * They were the principles which , with the full concurrence of his colleagues , he had endeavoured to apply as impartially and as fairly as it was in his power since beheld his present , office ; and , he must eay , that whatever mistakes might have been committed , and he was not presumptuous enough to say that none had been committed , the actual condition of our northern colonies was the best proof that these prin » cipl s were , in the main , sound and just . The noble earl went on to refer to what the noble lord said , when

      Lord Stanley interposed by observing that he had charaed the noble earl with not having acted up to the full spirit of his own instructions . Eatl Grby was much mistaken if the noble lord had not strongly insisted upon the duty ana necessity ofthe home government maintaining , in 'opposition to the strongest feelings and opinio ^ of the ln hauitanfs and legislature ofthe colonies , their own tiewg of certain questions ; doing so , » fact , to such an « .

  • Citation
    • Northern Star (1837-1852), March 31, 1849, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_31031849/page/7/