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Northern Star (1837-1852), 31st March 1849, Edition 3 of 3, Page 7, &}i?#na$ ^arlwmfirt.

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      Exeter, March 23. Tub Robbbrt Op The Mai...

      prisoners , but he trusted that when tho inn- ,. _„* _•„„ ted upon all _fo _**™* _^^^* _, _^ _tlTlltT on lt i _^ f was not _^ _**' iec of _™ - _taintj in the case which would justify them in coi _, _xictrng the prisoners . No doubt co ' nld exist £ t letters from tlie Post-office had been lodged with Barrett , and that they had safel y arrived at _Bristol It was equally true that thc loss had been discovered at JJriugevater ; and it was not to be disputed that ioole and Nightingale took their tickets at Bristol that morning , and came down bv the mail train _Notwithstanding these circuinsUuices , he would put it to the jury whether the robbery mi » ht not nave been committed by other parties , * who ° in the

      confusion that ensued , cast the imputations upon the prisoners in order to screen themselves There _vereotherpersonsinthesame train ; persons , itmust be recollected , who had been sufferedto depart with out 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 diinculty 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 dealing * -. In answer to questions from the counsel for thc prosecution , they admitted that" they had heard that he had been dismissed from the Great _TVestcrn . Company ' s service , but theydidnot know the reason . _. 'Mr . Sogers having replied upon the whole case , Lord Desman 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 toleare the carriage without being searched , and that he and Rheinhart , the guard , walked away together directly the train arrived at Exeter , —Botli Mr . Andrews and . the guard declared the statement was utterly without foundation .

      Sightihgale said he was as innocent of the robbery as the child unborn . Lord _Desmas , alter expressing bis concurrence with the verdict , pronounced the sentence , viz ., transportation beyond thc seas for the term of . fifteen years in the case of both prisoners . Mrs . Poole , who was in court , fainted at the announcement ; and Nightingale'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 . Tiie Taphouse _Mckdeh . —J . Landick and J . Mills were arraigned for having , on tho 3 rd of December last , murdered Grace llolman . Mr . Greenwood , Q . C ., and Mr . Bevan , conducted thc prosecution ; Mr . Collier and Mr . Earslake defended the prisoners .

      Mr . Greenwood opened the case . Three persons were engaged 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 _Escott , 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 night—they were sure to get plenty of money —seven miles out on the Tedburn-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 give him any

      decided answer . Later in the evening , and when skittle-playing was finished , they went into the front room to drink some 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'll go on tbe road directly . " Witness declined , and they separated . Had never known any harm in Landick before then . He met him as an acquaintance as ho 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 Okchampton , Moretonhampstead . When he first saw Mills witness was lodging at Landick _' s house .

      The day after the fair , saw Landick , who said he was sorry that be was out of work , bHt he could put two or three hundred pounds in his way without doing anything for it if he would go with him and his brotner-in-law 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 thc ni g ht of the murder thoy went through Taphouse village to the door of the old woman ' s house , when Landick said , "I haven ' t shown you tbe best tool of allvet , " at the 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 thc window , and witness and Mills held " it while Landick got up , broke a pane of glass , and got . in . Soon after he made his appearance at the door , where thev were standing first ,

      with his face blackened and his shoes oil . They all went in and locked the door , struck a lfght aud 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 of the 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 bis 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 did not tell . She again replied she had none . Landick asked if she knew who they were . She did not * and lie 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 hefore , 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 thc drawers again . In the same drawer they had first searched tney 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 stul on her on the bed . Landick said to her , " Now you'd better tell us where your money is . " She again said , in a low yoke , 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 hoard ler give a _yery loud pant , when Landick took up a chair and threw it on the bed also . Witness stepped forward and said , " Good God , why you'B kill the

      old woman . " Landick said , "that will stop her from hUloaing , 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 bis pocket a sovereign and some silver , and gave him eleven shillings , which -with Gd . for a night ' s lodging , and Gd . for a quart of beer , was his share . A little past Squire Pulford ' s lodge they threw their sticks away—two to the left ana one to tbe right . Just as they got over the moor going towards Moreton , Landick asked witness for tbe things he gave him . Witness gave him the spoons and rings , which he wrapped m paper ,

      and they concealed them m the hedge , about a mile and a half from Moreton . Han a mile hefore entering the town they came to some water , where they washed then * 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 _morning'saw 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 Joe , " I don ' t believe the old woman is murdered . " Joe said , " I amsureshe 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 Mat , but Landick said 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 a brother constable , deceased ' s house the moraine after the murder Saw a box and chair on the bed He slid 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 box wei g hed 14 lbs . and three quarters . He did not replace it 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 family a great number of years . Other witnesses proved having found the cottage in a state that corroborated Wood ' s evidence .

      Maech 24 . Thomas Hext , constable of Ashburton , apprehended Landick on the 27 th of December in the street at Ashburton . Pat him into a public-house called the Bose and Crown , with a man to guard him , whilst witness got himself ready to go to Exeter . Prisoner asked what he was taken up for , but witness was not at liberty to tell him . Cvming

      Exeter, March 23. Tub Robbbrt Op The Mai...

      over Haldon iu a " trap , " which Burnett , an innkeeper , was driv ng , Landick again asked what he Was taken up for . ! Burnett said there had been a great many horses stolen lately . Landick replied that he couldn't be taken upfor anything except thc Tedburn murder and robbery . Witness asked why he made use of such words , and he replied because he had offered soiiie * s _ifrer spoonsfor sale nt Exeter Mills had enlisted in the 80 rd Regiment , and was arrested in Ireland . This closed " the case for tiie

      prosecution , and Mr . Collier having addressed the jury for the defence , the learned _juSffO summed up and the jury , after twenty-five miuiites' 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 , although begun the first thing yesterday morning , did not conclude until six oVlock this evenmg .

      James Mills was then indicted for the burglars ; to which he pleaded not guilty . Mr . Bevan , on the part of the prosecution , said he should not offer any evidence , and the prisoner was discharged . _Bunv St . _Edmund ' s , March 23 . Henry Smith , Samued Hatcher , Robert Hatehor , Abraham Harsum , Thomas Palmer , Robert Keeble , Robert Courins , and William Burrows , all young labouring men , wero indicted for shooting at Mae Clarke , in the parish of Blaxhall , on the night of the 9 th of December , with intent to do him some grierous bodily harm ; a second count charged the intent to be to prevent their lawful apprehension Mr . Picndcrgast and Mr . Sanders appeared for the prosecution ; Mr . Dasent defended the four first

      prisoners , and Mr . O'Malley appeared for the four last . This was an indictment arising out of a riightpoaching" adventure , in which the eight prisoners were all charged to have beenengagedin the " Alder Car , " a preserve , belonging to Ml * . 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 in which the same men were charged with the ordinary offence of nigbt-poaching inthe " Alder Carr , " on the same occasion , a fresh jury was empanneled to try them for the misdemeanor . When the evidence for the prisoners had been given , the court adjourned . '

      MiRcn 24 , Mr . Prendergast now replied on the whole caso in a brief address , after which his Lordship proceeded to take tbe opinion of the jury , who 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 c . hnr * if » . fpi » nf _ciinh _lAmhinnfifma _& . » . - * * . * _« _..... _*/ . *> f — * uui _& _bvuiuuiciwviw lui _buc ui

      , „ , _...-.-wvwv . * > . _puiuuat ; poaching as that in which they , together with Keeble , Harsum , Smith , and the two Hatchers had been clearly shown to haye 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 tho two Batchers was that they should each be imprisoned for the space of twelve months .

      _Shrewshurt . —March 22 . _Chaboe of Matbicide . —Mercy Catharine Newton , aged 30 , was charged with thc 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 . Whitmore with Mr . Phillimore conducted the prosecution ; and Mr . Huddlestone with Mr . Kettle defended the prisoner , who pleaded not guilty in . inaudible voice . —Prisoner and Mary Corfield lived as servants to Mr . Dyer , an invalid gentleman , at Severn House , Bridgnorth , who died a few days after the death of old Mrs . Newton . The motive was , according to the theory

      of thc prosecution , the earlier to obtain possession of some £ 400 , which would revert to her at Mrs . Newton ' s demise . —Mary Corfield gave a similar statement to that which has already appeared in this journal , relative to thc barbarous treatment of her mother by the prisoner , which was corroborated by other witnesses . —The case for the prosecution having closed , Mr . Huddlestone addressed the jury for the prisoner , the learned judge summed up , and the 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 , five or candle . "

      March 23 . The learned judge took his seat in court at five minutes past eight , and thc jury were brought in , looking careworn and exhausted , having been looked up eighteen hours and three quarters . The prisoner appeared as calm as she had previously been . —Sir . Hemp , deputy clerk of assize , on the names of the jury being called over , said , gentlemen , are you agreed . ?—Foreman : No , sir . —The Judge : The law requires that you shall be kept in custody . —Foreman ; I fear there is no likelihood of our agreeing . —Mr . Carden * . It is impossible for us

      to agree . We are pretty nearly equally divided . — The Judge : Do you say 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 will be dismissed . —After a short conversation with Mr . Hemp , the judge said : Take down thc 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 was divided , eight for , and four agamst > a conviction . The prisoner will be kept in custody till the next assizes , then to be again tried on the charge .

      Kingston , SIarch 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 . Mr . Lilly prosecuted . Peters is an assistant gamekeeper to the Earl of Onslow , The jury returned a verdict of "Not Guilty . " March 27 . An _Ixcexwart . —Janies Stevens , 2 S , pleaded guilty to a charge of feloniously setting fire to a corn shed and other buildings in thc 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 Fighting . —The Assault on C . B . _AnnER-1 EY , 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 ,., M . P ., a magistrate of the county , and two police officers , in the execution of their duty . Three 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

      tbe ground to put a stop to it . A ring was staked out , the pugilists , Clarke and Trott , fought , and his 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 ofthe combatants , was sent to gaol for four months , with 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 , March 26 . - The Boiler Explosion at Peeston . — Goverj ? - mext Prosecution . —Roger Fogg was indicted for having caused thc death of Mary Hart , at Preston , on the 31 st of July last , by his neglect as manager ofa 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 was 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 tbe 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 case it was established at the inquest held on the 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 thc boiler . These pines had , however been removed , and the engine boiler at the time ofthe 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 . The prisoner , however , paid no attention to those warnings , and theresult was the melancholy accident mentioned . —Mr . Enowles 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 victim ofhis wrongheadedne 6 S , he should advise him to withdraw his plea and plead guilty . —The prisoner bore an excellent ebaTacter . —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 , ana order that he should enter into his own _recognizanees in the sum of £ 100 to keep the peace for two years . —The

      Exeter, March 23. Tub Robbbrt Op The Mai...

      prisoner having complied with these requirements , was discharged . Charge oi- Murder . —Mary Ann Smith was charged with the wilful murder of Iluah W . itson , at Liverpool , on the 3 rd of March last . —Mr . Brett appeared for the prosecution ; the prisoner was nut defended . —It appeared that on the Jrd of March last , about half-past one o ' clock in the morning , the deceased was walking near _Spitalfielils , much intoxicated , when a woman of thc town , named Hall , got hold of him and led him to a house of ill-mine in Spitalfiolds . On knocking at thc door , it was opened bv the prisoner . Thc prisoner immediately put her hands into thc 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 steps which led up to the door . The deceased cried out , " Oh , oh , must I be killed in this way ? " Thc 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 ; thc police would come . Next morning the unhappy man was found dead at thc door , by . a workman going to his work , with his skull fractured fromthe back of the head to the eyebrbw .-r-The jury found the prisoner " Guilty of Manslaughter , " and his lordship sentenced her to be transported for ten years .

      March 27 . Curious Charge of Arson . — William Covnforth Demaino was charged with having , at Liverpool , on the 6 th of November last , feloniously setnrotoa certain shop and warehouse , with intent to defraud the Yorkshire Firo and Life Insurance Company . Mr . Sergeant Wilkins and Mr . Joseph Pollock prosecuted , Mr . James and Mr . Pashley defended the prisoner . —It appeared that the prisoner had for some-years carried on the business ofa paper ruler , at Swifc ' 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 the Yorkshire Fire aud Life Insurance office for the sum of £ 500 . This , tho' prosecution contended , was more than double the value ofthe articles insured ; but it was afterwards proved that thc prisoner had goods on the premises not mentioned in the policy , the destruction of which by fire , even though'he should have obtained the full amount mentioned in the policy , would have left him a very trifling gainer . _The-prisoner employed six boys in his trade , two of them apprentices , who generally left off work about seven to half-past seven o ' clock . They did so on the night of the Cth of November last , the prisoner having left a little earlier . About twenty minutes past eight the police on duty discovered that tho

      part of the house occupied by tho prisoner was on fire . They broke open the door ( nobody being in the house ) , and in about an hour the fire was put out , without having extended beyond the prisoner ' s rooms . The -prisoner sent in his claims upon the insurance-office , who , not being satisfied with the circumstances connected with 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 was wanted for , to say that it was for boring a hole in-a walking-stick This , it was contended , was a blind , because it was 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 thc top of the house , where the prisoner kept loose paper . The apprentices and boys had suspicions that tho wire-was the cause ofthe fire . The next day the prisoner went to the house of one of the boys , and told him riot to go near the burnt promises , and to say , if he were asked , that he knew nothing about it . Ho told the two apprentices that he would set them up in business if they would 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 ,

      Au 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 bud told different stories , amongst others denying that he was 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 , Mr . James addressed the jury on behalf of the prisoner , when 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 _Mairber . —Sanmcl Garrett , aged 35 , a coachman , was indicted for having , on thc 1 st of November last , at ltoss , in this county , feloniously fired a certain pistol , loaded with a bullet , at one Ann Phipps , with intent to kill and mnvdev her . Mi * . 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 lloss , The prisoner was formerly in the habit of frequenting it very much . Of late thGy did not like to serve him , and repeatedly told him not to come there . This irritated him , and on the day in question he went to the house , stood in

      the street , and drawing out a small pocket pistol , fired it at her ; and then drawing out another , fired it into his own mouth . The ball penetrated the pallet , and where it afterwards went , no one can say ; the surgeons not being able to determine whether it is deposited in the hack of his head , or whether it fell out immediately . He did not hit the 2 > rosecutrix , but thc ball passed close to her . On being told that she was not hurt , he said ho was sorry he had not killed her outright . These facts having been proved in evidence , Mr . Collins Smith addressed the jury in defence of tbe prisoner . The Judge summed up , and 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 with the wilful murder of his wife at _Bl'illey , in tho county of Hereford . On the _pz-isoner ' 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 , went to the door of the prisoner s house . Knocking , and not obtaining admittance , she called out " Betty , " which was the name of tho deceased . A voice from within ( which Mrs . Price knew to be that of the prisoner ) answered " Betty is dead in thc bed . " Mrs . Price asked for admittance ; but prisoner answered that he could not open thc 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 prisoner opened the door by pushing back the lock . A most horrible scone then presented itself . In the kitchen lay the corpse of thc unfortunate deceased ; her skull had been beaten to atoms . About a yard from the corpse lay the murderous weapon ( the portion ofa 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 . Ue told the persons

      present" that he thought he had heen fighting with the great goddess Diana , and at the bottomless pit , " and said that if he had known it had been his poor wife , he would not have done it for the world . The prisoner also went into the room again where lay the mangled corpse of his wife , and fetched out a Bible and Prayer-book , reading a chapter from the first , and the 109 th Psalm from the second . He also performed many other extravagant actions , which , without it could be believed that he assumed such behaviour , p lainly indicated that he was insane . It appeared that fifteen or sixteen years ago thc prisoner was similarly afflicted , and was then labouring under the idea that some person , as he

      expressed it , " had cast a spell around mm . lhe 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 resecting him .

      p . Hiohwat Robbery . —Elijah Lewis , John Symonds , Henry Williams , and Thomas Thomas , wereindicted for a highway robbery , with violence , on the peiwm of Thomas Ball , on the 17 th of February last . The Srosecutor on the night in question , on his return ome from the city of Hereford , when within a mile out of the town , was knocked from his horse , and robbed of three sovereigns and some silver by four ruffians , two of whom fie clearly identified as the prisoners Lewis and Williams . It appeared that a confederate , ofthe name of Turner , had given information to thc police 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 in time to hear the cries of Mr . Ball , and see the persons who attacked him make their escape . The prisoners were taken into custody within a few hours , and a long chain ef direct and circumstantial evidence clearly conneoted . three of them with the robbery . For the other , Symonds , witnesses were called , who established an alibi ; ho was therefore " Acquitted , " and the others being found "Guilty" were sentenced to fifteen years' transportation .

      Beaumams , March 24 . Felonious Stabbing . —Samuel Smith was indicted for feloniously stabbing William Williams on the 8 th of September last , in the town of Beaumaris , with intent to murder him . It appeared fromthe evidence that , on the day named in the indictment ,

      Exeter, March 23. Tub Robbbrt Op The Mai...

      t . e prosecutor _wa-j quietlv passing tlie prisoner and another man , _, _wi „ . n the latter struck him , and on the _prosecutor-romonstratiHsr the prisoner came up , and , _- as 5 i ? ted by the other _person , threw the prosecutor on the . around , kicked him severely , and S : _ruck _hun with stones . The prisoner was flic- more active aggressor . On the prosecutor rising he threw oil Ins coat , when lie was again assailed by _temith , who knocked him down , knelt on his breast , ana Med . to force out his eyes . After this lie became senseless . . The parties were all more or less tips v . the learned Judge having summed up the case , tlie _JW _£ et _? I , ( J <] j an < - * ° - ' tUQU' return gave in a verdict ot Guilty" on the second count of the indictment —stabbing with intent to do some grievous bodily harm . The . Court then sentenced the prisoner to be transported for ten years . On hearine his

      sentence the prisoner fell on his _kriees in the dock and prayed for mercy , but , the learned Judge said he could not alter his sentence . Anothkr Charge op Stabbing . —A Spaniard , named Muz Peres , p leaded " Net 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 ofa vessel from Havanw i ' if ™* _* _* 1 8 CV < a _- _a-l other sailors , Spanish and Welsh , was drinking in a public house on the night m question . , In the course ofthe evening the prosecutor wa 3 attacked from behind , dragged into the _passage of the house , and there stabbed . The knife was seen in the prisoner ' s hand . All were tipsv . _iheeyidencowas translated into Spanish for the uonent of thc prisoner . Verdict— " Guilty" of common assault . Sentenco—Three months'

      imprison'' _, ' .. Konwicn , March 27 . __ The _Stasweld Ham Murders . —The business ot the crown court was commenced this morning _, lhe usual proclamation having been read , Baron Kolle proceeded to charge tho grand jury . In _velei-ence to the prisoner _Rushi he said ,. having care ; fully read through thc depositions , I think 1 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

      whether by any second party , or by a visitation of God . There are other cases of nicety and difficulty arising from the distinction that-must be drawn between murder and 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 what 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 no sort of difficulty arises ; . It is clear to demonstration that murder was committed by somebody—that will be proved in evidence . There is no doubt whatever as to tho cause of death , and the only thing you have to consider is who committed the murder , whose 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 , were 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 the murder . That is a sort of evidonce 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 whom a great outrage has been committed , more especially when they are in a state of the utmost confusion , and have little

      time to see , 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 tothe identity of the murderer . There will be other evidence , at least so it appears in tho depositions , tending to fix the crime upon the prisoner , and making his previous conduct inconsistent with his innocence—consistent with his guilt . It will show that there were 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 tho crime . Who can dive into the human heart to know exactly what people ' s motives are ? You can only judge in such a case by a careful combination of all the circumstances which will be

      brought in evidence before you . In this case you will have evidence with respect to his previous conduct—thc a priori evidence , if I may use the term —then with regard to the events of the time , and then as to his conduct afterwards . When , therefore , you have viewed the whole case , as I have no doubt you will , calmly and dispassionately , dismissing from your minds all you have heard and read , you will decide whether the evidence before jou satisfies you that tho prisoner is the guilty partv , 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 _u-ill induce you to reject the bill . I think I need not trouble you with any further observations , as the case is one 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 .

      Charge of Stabbixc—John Richardson was charged with stabbing John Emms , with intent to do him some grievous bodily harm , on the 18 th of August . Mr . Palmer appeared for the prosecutor . The prisoner is a journey man butcher , and it was shown that he was drinking at the house of the prosecutor , in the parish of St . John Timbevhill , in _tliis city , on the 18 th of August , when ho got into a quarrel with the 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 struggle with the prisoner , he took liis 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 souffle with the prosecutor , in thc course of which tho 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 whether the wound was accidental , * and if not whether it had been inflicted by the prisoner with , 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 .

      Forgery . —William Kiddle Warren , a respectablelooking farmer , pleaded " Guilty" to two charges offorging 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 hi 3 duty to the public imperatively called on him . to pass a severe sentence on the prisoner at the bar . Not many years since his life would have been forfeited for this offence ; but the Legislature had thought proper to mitigate the severity of tho law , and he ( Mr . Baron Itoltc ) could never bring himself to throw discredit on the change by shrinking from carrying out thc law as altered . Tho sentence of the 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 theiji about half-past two o'clock this afternoon , returned into court about half an hour afterwards , finding true bills for wilful murder against the prisoner Rush . There are _ttvo indictments for wilful murder , and two for assault with intent to murder . Onl y four witnesses were examined by the grand jury—the cook and the butler at Stanfield HaU , Dr . Dickson , the medical attendant , and Emily Sandford , otherwise the Widow James . Eliza Chestney has just been brought into _Norwich from Stanfiela Hall . She was carried in a swing cot borne by four men , she being so weak as to be unable to bear the motion of a carriage ,

      Monmouth , March 27 . _DEsrEiuiK Attempt of a Pmsoser to Escape fbom Custody . —F . Williams , aged 22 , was indicted for having cut and wounded John Morgan , constable , of _Langstone , in this county , with intent to kill and murder the said John Morgan . —Mr . Huddlestone prosecuted the prisoner , who was undefended . The prisoner was taken into custody by Morgan , upon a charge of stealing a pig ' s cheek ( to which charge he pleaded g uilt y at these assizes ) , and was bon-g conveyed by him to Usk Gaol . The prisoner had behaved , it seems , in a most orderly m f"jner till he 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 , which stunned him , and then threw hun heavily upon the ground , falling upon him . As soon as Morgan was a little recovered * desperate _strugtrlo ensued between him and th * .

      prisoner , the two being linked togother by the handbolts . The prisoner was evidently the stronger man and had the best of the encounter . While the constable was 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 , indoed , inflicted two slight wounds upon it , tho one just over the carotid artery . He also cut him through the ear 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 othors , going to the " scene of action , " the witness Morgan said that when Ks went to the spot he did not know the constable Mor- j gan , though he was his cousin , as ho _wascorered so

      Exeter, March 23. Tub Robbbrt Op The Mai...

      thickly with blood and wounds . T _'„ is witness took the knife from the prisoner . Tlie _pi-i , 'oner _, in his defence , s : _> id that he was subject to ms , and that his head was affected , and . at times he did not know what he was doing , which was the case wheii ho attacked thc constable . The jury found him "Guilty , " and . Mr , Justice Coltmaii sentenced him to be transported for fifteen years . Stabbing a Wife . —John Recs , a cripple , aged SS , who was carried into court , was charged with stabbing and wounding his wife , Mary Bees , at Bcdweltv . —Bees was jealous of his wiie , and on the evening ' of the 22 nd of August had had a quarrel with her Prisoner , after he was iu bed , asked for a pair of scissors , to cut his wife ' s wedding-ring out of the collar of his coat , in which ho had sewn it . About five o ' clock the next morning , a man and his

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

      incarceration . Warwick , March 28 . Prosecutions for Sedition . —Mr , Mellor applied to the Court on the part of tha Crown , to discharge the recognisances of tho witnesses for tho prosecution against Georgo 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 boen disturbed , the Attorney-General did not think proper to prosecute the indictment . His lordship assented to the application , and the recognisances "Wore discharged . "

      " Prisonersbut He Trusted That - Mach 8u...

      - _MA"CH 8 U 1849- THE NORTHERN STAB . 7

      Surrey Sessions^Marcu 24..Cotm. Cos. And...

      SURREY _SESSIONS _^ _Marcu 24 . . Cotm . Cos . _andRobbbrt . —R . Wardloy , a smartlooking young man , was indicted for stealing at _Kingston-upon-Thames , a bedstead , six silver teaspoons , a metal teapot , and ' other property , belonging to John Bevan , a market gardener . —Mr . Charnock defended the prisoner . —Tho _prosocutor , an elderly man of rather curious appearance , stated that he resided near tho Defford station , on the Birmingham Railway , and , in the beginning of September last , he took some land at Kingston , for the purpose of removing his business near to the metropolis . Having completed most of his arrangements he despatched his wife to Kingston , with tlie property mentioned in tho indictment , intending to follow her in tho course of a few days , but she sent him several letters , telling- him that things were so

      dull m that part of thc country , that he had better stop at Defford a little longer . On tho 15 th of January , however , he started on his journey , and when he 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 on the 15 th of December ; and , after considerable trouble , ho traced them to the prisoner ' s house , at Bladall , in Suffolk . He arrived at the latter place on tho 3 rd of February , a little after eight at night , and was admitted into the house by the prisoner in his nightdress . While he was talking to him his . wife came from tho other room , also in her night dress ; ' and wanted to ombrace him . He pushed her away in disgust , and handed

      her paramour over to thc police . The wbole of his _Property was found in the house . —Mr . Charnock : ou arc well acquainted with the prisoner , and had been on friendly terms with him ? Witness ; He once lodged in my house ; but he is a single man and I suspected him . —Mr Charnock : Your wife is a vory pretty woman , is sho not ? Witness ( pointing to his wife in tlie body of the court ) : There sho is , look for yourself ; sho has beenapretty 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 be m * ade out , as tlie wife took the

      goods away from her husband , —Tho Chairman , in summing up tho evidence , said that the property had been found in the prisoner's possession , which made it a felony . The jury had nothing to do with the immoral conduct of the parties , but to consider whether the prisoner was guilty of stealing the prope 2 ty . —Thc jury , after a few minutes' hesitation , returned a verdict of "Guilty . "—The Chairman commented severely on the prisoner ' s immoral conduct , and sentenced him to two months' hard labour at Brixton . —On hearing tho sentence , the prosecutor ' s wife rushed out of court , vowing vengeance on her husband .

      Who'll Turx The Grisdstone.—When I Was A...

      Who ' LL turx the Grisdstone . —When I was a little boy , I remember one cold winter ' s morning I was accosted by a smiling man with an axe on bis shoulder * . "My pretty boy , " said he , " has your father a grindstone ? " " Yes , sir , " said I . " You arc a fine little fellow , " said he , " will you let me grind my axe on it ? " Pleased with his compliment of " fine little fellow , " "O yes , Sir , " I answered , "It is down in the shop . " "And will you , my man , said he , patting mc on the head , " get a little hot water ? " How could I refuse ? I ran , and soon brought a kettlcful . " How old are you , and what s your namo ? " continued he , without waiting for a reply , * I am sure you are ono ofthe finest lads that ever I havo seen ; will you just turn a few minutes for me ? " Tickled with thc flattery , like a little fool , I went to work , and bitterly did I rue the day . It was a new axe , and I toiled and tugged till I was almost tired to death . The school-hell rang , and . I could not get away ; my hands were blistered , and it was not

      half-ground . At length , however , the axe was sharpened , and the man turned to me 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—begging them to take a little brandy , and throwing 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 set you turning grindstones . When I see a man hoisted into offico by party spirit—without a single qualification to render him either respectable or useful , —alas ! methinks , deluded people , you are doomed for a season to turn tho grindstone for a booby . — FranMn .

      Threatening to Commit a Magistrate . —Tho Lent Assizes for Berkshire havo been customarily held at Reading , but in consequenoo of tho refusal ofa section of the magistracy to build new Courts ( so that all persons having business may be accommodated ) , the assizes have been transferred to Abingdon . In his charge to the grand jury at tho latter place on the 27 th ult ., Baron Piatt alludod to the subject . Mr . B . Wroughton , ono ofthe grand jury , who had entevod thc witness box , said ho hoped his lordship would allow him to answer some observations made with respect to the courts . ( Cries of " Hear , hear , " from others ofthe grand jury . ) Baron Piatt replied , that representing her Majesty , he would remind the gentleman that a monition had been road to the Court , which was , that any person

      interrupting the judge in his address to tho grand jury was liable to impr isonment ; therefore he little expected , when addressing thorn upon a public subject—a subject which came quite within the province of a judge in addressing a grand jury—he should have been interrupted ; and ho certainly little expected to hear a murmur of approbation proceeding from other gentlemen present . He would have them to understand that , whatever might be the situation of any gentleman , the law would be justified and upheld as much in his case as in the case of a poor man standing in the crowd in his humble jacket , and if the interruption was continued it would he his duty to commit nim . "Viscount Barrington subsequently addressed the

      judge , but not till "the charge ' had been concluded . Seizures for _CncnoH Rates . —A correspondent ofthe Leicester Ifercwwi writes : •¦ Tho quiet village of Kirby Muxloe was disturbed a few days ago by one of those disgraceful scenes which 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 leg islative redress . Mr . Georgo Hall , a gentleman Of high respectabilitjf residing in that pariah , and who haa previously ofiered a subscription on the voluntary principle more than the amount of his rate , was nevertheless distrained upon for the sum of

      £ 7 0 s . 10 d ., for which the churchwardens , Messrs . I . Hooke and S . Brewin , seized seven sheop worth £ 15 ! A poor man of excellent character in the same village—William Copson—was also visited by these modest supporters of this widely-detested system , and for a rate of 6 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 he had long laboured hard to secure , viz ., six chairs , one dining * table , a deal table , one barrow , and two blankets , valued by the churchwardens at £ 2 Us ., but in reality worth double the money . The Brighton _Qazede says the borough gaol at Rye ia now thrown open for an airing . There is not a prisoner of any kind in it ; and may it be long ere it is again occupied !

      &}I?#Na$ ^Arlwmfirt.

      &} i ? _# na $ _^ arlwmfirt .

      Monday, Maucii2«'. _ House Of Loilds.—Co...

      MONDAY , Maucii 2 _«' . _ HOUSE OF _LOilDS . —Cowkiai . , Por . tcr .--Loul 5 > ta . m . i 5 v _( _ii-tSL-itted a petition ( Vom Nova Scolia _, com _,.-hiiniiig of i _* case of Mr . Fairbanks , nr . d of the way in which thc administration of the ¦ TOYiiiee is _wjiut-actevl . _TW peti _wm-rs cwiip ' miiK'd that Mr . Fairbanks had been _icmoved from tiie _coloniat-treasiucnhi _* . by a party who had come into power into' tbe colony , without compensation , and in violation of an understanding , that tbe office was not to be held by a political tenure . Tlie noble lord also went into tbe general question of responsible government in the . colonies . Until a comparatively

      recent period the government at home had been car * rifd on by responsible heads tf departments , without requiring the unity of action which now seemed to be necessary . __ It was not easy _io find members of cabinets in this country always united ' upon various political questions—( "hear , hear , " and a laugh ) —and if it was difficult here , how much more must it be where tlio number of persons was small- * where there must be wanting a large number of properly qualified persons , in sufficiently easy circumstances to enable them to devote their time to the public service , without making a political life tho means of obtaininsr and jobbing for political emoluments . ( Hear , hear . J He need enly instance tlie august assembly which he was then addressing , and

      without' which it would be impossible the _Roveinment of this country could be carried on , to show ihat without such a check democratic forms ot government must be inevitable . And with bow much greater force would such an argument apply to a colony ? ( Hear , hear . ) If their lordships' House did not exist , what power would there be to prevent an unbviilkd democracy _i and without a similar check to the government of a colony the same evil must ensue . He maintained that by tbe present system there was no such check . The colony of Nova Scotia consisted of 250 , 000 persons ; and the popular assembly was composed of fifty-one _nitmbers ; the legislative council consisted of a varying number appoint ' d for life ; but if the principle of

      patty government was adopted in th 6 colonies , the _legislative- council became the mere tool , agent , and echo ofthe House of Assembly . In fact , the constitution of the legislative council was such as to give no effective check over the popular body . The executive eouucil must command the confidence o £ the assembly ; and the governor , in every instance , ' was bound to act by the advice of his executive coun _* cil . He need hardly gay , that in a body of sixteen _orsevoDtcen persons , composingthe legislative council , it was not difficult to obtain a majority to whom the government would be bound to listen . If , therefore , lhe executive council could have no check on tbe _assembly , the governor himself could cot . If the governor had to acton the advice of tlie

      legislative council , appointed as _k was , and being a mere echo of the assembly , what power con'd he have over the latter body ? The Secretary if State , therefore , was bound to give his protection and prevent the . tyranny of a small majority ; and if his support failed them , the colonists had nothing to took to , and the power ofthe crown would be utterlyvoid . They might as well declare at once the absolute independence of the colonists , and leave them to unmitigated democracy . ( Hear . ) The petitioners complained that the government had dismissed from officii mote than a hundred justices of the peace , without any sufficient cause being assigned ; and acting , of course , on the advice of thc executive cuncil . Any measure which was passed by the

      liberal majority in the Assembly would also be passed by the liberal majoiity of the legislative , council , as a matter of course . 'I he lieutenant-governor njU 3 fe act on the advice of his cabinet ,, and __ therefore big power was a mere echo of theirs . This was the representation of the petitioners . The petitioners entreated the House to take into consideration the facts thev set _ftntn , with a view to tbe laying down of rules by which they might obtain a just control over their affairs , and be able to protect themselves from the oppressions of a despotic power . He did not shrink from admitting the difficulty of responsible government in our colonies , but unless some stand be now niacin , some definite means be taken

      by the Secretary of State , the authority of the crown itself would gradually become mAl , not only in _Nova Scotia , but the neighbouring colonies . ( Hear . ) The _Consequence of the doctrine now held , was that tha government tbere and the crown here were both irresponsible , av . d that however revolting the measure might be fr > the loyal inhabitants of thc province , oc to tbe _fet-lSiigs of thc country , parliament itself wag to be _powerles-t , the Secretary of State dumb , tha _majority of the provincial parliament was to prevail , and the fiat of the crown to be given to an er . acU ment which stamped previous rebellion with the character of law , and stigmatised the loyal inhabitants of the province for their successful and devoted resistance to rebellion .

      Earl Ghey said that , as hiB reply was based upon the fouudatiou of ttuth , he did not fear to encounter the noble lord ' s superior powers , and , instead ' -f beginning with Mr , Fairbanks-he thought he should malve the _ca-e more easy of comprehension if he explained his views upon our system of colonial legislation , and poiuted out then application to tbe case before them , 'lhe noble lord admitted that there was great difficulty in reconciling thc exercise of control by _tt-e crown , the maintenance of its due authority , and the enjoyment tf those privileges of selfgovemmeit by the colonists in their own affairs * which they valued no less than we did in this country . His nobl _.- * friend , Lord J . Russell , when holding the offi' e of Secretary of State for the Colonies , said it

      was easy to point out contradictions and difficulties from the extreme u e of power possessed by the different auhorities in our colonies . lie held that the same was equally true in this country . If the Sovereign used the power she possessed—if the House of Commons pushed to extreme the right of refusing the supplies if their lordships' house were to use their _equally undoubted tig ht , of rejecting those measure- ! of which they disapproved , — -if those great _authoriti's in the state . were to strain to their utmost _, the powers they possessed . it was clear that ouc hallowed system of ci nstitution would in one month be brought lo a stand-still , and the whole complica _** ted system of our institutions be thrown into hopeless disorder . ( Htar , hear . ) To use the expressive

      words of bis noble friend , it was tbe wise moderation with which these constitutional powers wcrQ exercised that secured their successful operation . Each in liis turn gave way somewhat to the other , and by forbearance and good sense , by adapting their conduct to circumstances , notwithstanding those theoretic difficulties by which you might prove with great ease that the British constitution could not possibly work , by these _mtans that constitution had flourished for generations to the infinite advantage of those wlio had the happiness to live under the protection of our noble institutions . So _rt was with our colonies . It the governor had invariably acted upon his own judgment— -if the Assembly on the otheE hand insisted on having their views _carried into

      effect-if the Secretary of State was to say whafi were the best measures , he would at once say that such a system of governm' nt could not possibly work But if , acting upon a different principle , thc power of the crown was used , not to resist by force public opinion in thc colonies , not to drive hut to influenca and lead , then the system might work smoothly and . well , with infinite advantage To thc colonies and great brn fit to this country . But it depended entirely upon the discretion used in the exercise of those great powers , and into _whoss hands they were confided _, lie 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 thatifthe powers ofthe crown were used in that sense , knowing how far we could go , and how far we could not go , that the greatest advantage would accrue to the colonists , and that the colonists themselves were of that opinion . In a despatch moved for in the other house of pavliamsnt , he had endeavoured as clearly as he could to state his views to thc governors ef _thosa colonies-but so far from saying that they were to consider themselves free from responsibility , he said that a great and _bijjh responsibility was placed upon them _; but , on the other hand , under the form of government given to those colonics , it was 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 , in which , addressing Sir J . Harvey , he pointed out 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 _possiole 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 . uniformly maintained since he had the honour ofa seat in either house of parliament ! They were the principles which , with the lull concurrence of his colleagues , he had endeavoured to apply as impartially and as fairly as it was in his power since he held his present office , * and , he must say , that whatever mistakes might hare 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 _principl 8 were , in tbe main , sound and just . The noble earl went on to refer to what the noble lord said , when

      Lord Stakley interposed by observing that he had charged the noble earl with not having acted up tothe full spirit ofhis own instructions . _Eail Grey was much mistaken if the noble lord had not strongly insisted upon the duty and necessity ofthe home government maintaining , in opposition to the strongest feelings and opinions ofthe _liihatntanta and legislature of the colonies , their ownview of certain questions ; _doingso , in fact , to such an ex .

  • 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/ns3_31031849/page/7/