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Northern Star (1837-1852), 27th April 1850, Edition 4 of 4, Page 5

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    • MONIES RECEIVE
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      St Jones And Apbil ^7 , 1850. Fjie N Ojg...

      _Apbil _^ 7 , 1850 . _fJIE _N _OjgTj _^ _^ ____^ r 5

      Monies Receive

      MONIES RECEIVE

      Vnn Imt Webs -Ejcmxs Thubhjut, * 0b Aesn...

      vnn imt Webs -Ejcmxs _Thubhjut , * _Aesn . 25 , 1830 . THE HOHETtY FUND . ' _»^ S _bT _* J- _WM and J . JBtchell U Is 2 d _^ _Sf _^ & _sSood 7 s 3 d-A ccrington , per P . _-C _^^ _-kStSknort , Mutual Instruction Class , per W . So "" / _sweEtM 5 s 2 d-Leice 5 ter , collected at Mr . _*«•> _1 ? J : J _^ va G . Wray 9 s-teicesfer , M . Wildman B _^ _l _^^^ _'KrettSsiLeicester , Mr . Wrightl 6 d •* _r _f _^ i iT « u-ett 2 s Sd-Sutton-in-Ashfidd , Chartists - _* ° _^ _Ei- ™ £ _srlZ 5 s-S _uib : n-in-Ashfield , Chartists at _^^^ _RinSss-Treaeg ar . J . Hancocks , per T . C . 1 _*^ _^ rthan . ptonls-Mr . James , Southampton ls-a _» _^ dve TailorS , n-anley , perILStephentonl 5 s-Edin-&* ° P _ t ! w and IL Robinson 5 s-T . Wilson , _Dalton , per lw _Zrj _£ n _Huadersfield 5 s-a Friend , Deighton , per B . t GlajtOT , Ho _*^ _f iiderson , _Braoford-T . Lee , _° _& _f . _j ' _LaSt _. Hle ls-J . _MurgatroyO , Idle 6 d-S . 1 - _tfeyfid—T . Deraie , Ketford , Is 6 d—Barnstaple , per l _gS _^ W ) OracE-Mr . _Kenorick _os-Camoer-^ ll _tocalitTrs . £ _s . A VfieeiveibvWT _& deT .. .. 8 4 11 KeS _atLandOffice .. O l- O Total _£ S 16 _H FOR _MACNAMARA'S ACTION . _„ v , J hv W Rideb . — J . Mayman , _Ramsgate _ls—Sut-^ _SeR a _^ t satlbe 0 _^ Troo P er 5 s _-Edinbulsh ' _JSJw Danes 11 Is . _^ AGITATION FOR THE CHA _3 TER . _„ -w . 1 hv W Pjdeb . — A . Watson , Lerth Gd . _He-^ Z iH _Lo-r _? - £ ufohur » lU . er G . _Brcmner 17 _s-^ _. _S _^ ohtstreet 41 9 s lJd-Ca rds at _John-street _fltmltle , per J . Good ™ _fe-Bradfor _^ Tori ,, * t _wilcock II Ms—Rotherhanu per J . _Stansfield 10 s—1 _^ _vOnrf _^ _tT _Darlington 4 s-Finslmry , per R . Fuzzon 6 s _fM _rOiarn _^ _UariH _>&^ _Ss-Soutn London Lo ' ? mm _^ M . _rSHfe Cd _ Br 5 nton , per W . _Fiest 15 s _fgSnS _SS _^ S « s donatio _^ 4 s fid-Cards at lie Office _3 Total 151 . MONUMENT _FUNDKeceiveaVW . _rdDDL-A oerdeen , per R , Robinson ls 5 d . FOR OR- M ' DOUALL . _K _^ ived by W . _KIDEB--A few Chartists . Dwrentgr . per G _MrxveVL ite-Walsafl Democrats , per J . Mills 2 s bd . FOR MR-3 " M'DOUALL . Becdveabs Jons _AKorr .-Ljim , per T . Scott 2 s fid . FOR MRS . JONES . Received by _W . _BjDJ _* B .-VYals _01 Democrats , per J . 3 mk 2 s 6 i VICTIM FUND . Beeeived at Lisa Office .- Mr . Kendrick as . DEBT DUE TO MR . NIXON . Beeeived by W . Bides . —J . Mayman , Ramsgate Is . NATIONAL VICTIM FUND . Bectived by Jons Assott , Secretay . -Brighton _Charts ls 4 d—The West-end Boot and Shoemakers Meeting-, at the Two Chairmen , _Wardour-street , Soho , per T . Dirfens 5 s—coMected at public meeting . South London Hail- per 3 L _Vattiason 13 s 6 d—South London Locality , per _ji , l ' _aiunsonSsttd . X R—The 5 s 6 d _acltnowlecged iu the Star of the 2 Sfh d £ for Vim . Burt , should have been for R . F . Burke .

      The 25ew "New Mote." 10 Toe Ed1t0b Op Th...

      THE _25 EW "NEW MOTE . " 10 TOE ED 1 T 0 B OP THE XORTHEHX STAB , Sm , —Reference to tbe columns of the Star of last Saturday informed me that a meeting of the Council oftbe Sew Charter League -was held the other day . In addressing myself to a consideration of some portions of the business reported to have then taken place , my object is not so much to cast censure npon the originators of the 2 few Move , as to remind my fellow working-men of tbe evil results which are ever consequent upon a division of purpose and of strength . Without denying , or affirming , tbe right of Messrs . Clare , JI'Grath , and Dixon , "tp Stand apart and form a government of themselves , " and to labour for the Charter after their own fashion , I will nevertheless observe that reasonable objection may be urged to the preliminary step 3 they adopted to this end . Such a course , tending as it did , to a

      division in the political ranks of the people , justi fies the implication , that personal pique , and not political principle , was the motive power . That such a division may now take place seems to thero a mere incidental circumstance , which they do not allow to disturb their equanimity . With such a _rnmi , however , I presume to have something to do . Impressed with this sense of duty , I proceed to animadvert upon one or two of the reported _proceedings . " What is done for the people , mnst be done jfihe people , " is a self-evident truth ; the importance of which , nevertheless , warrants even the reiteration of Mr . O'Connor . But what says the report of the proceedings of the League ' s Council ? " That we pnt ourselves in communication with several _sentCerac-n , who from their conduct , for many years past , have manifested their zeal for the cause of the people . "

      Xow if the position be granted which could alone justify such a course , viz ., that there are , ont ofthe Chartist ranks , gentlemen , whose precedents warrant _, belief ia their honest devotion to political truth , and in their earnestness to emancipate labonr from its oppressive influences , —if this position be granted , then , I say , that the result of such an implied intention would be to lessen the beneficial effect of that great moral principle—selfreliance . Look to gentlemen , indeed ! for the _restoiaiion of our rights , and the abrogation of our ivrongs ; as wise would it be for the working-men to do this , as for the herdsman to expect mildness and mercy to his flocks from the insatiable voracity of the hyaena . By having recourse to such aid , Messrs . Clark and Co ., are setting at nought the oft-repeated admonitions of their long tried friend and patron , Mr . O ' Connor .

      Bnt why were we not told the names of the gentlemen to whom allusion is made ? If they have already served the popular cause , the people would rejoice at the invocation to a renewal of their disinterested efforts . If they are of that worthy class " who do _yood by stealth , and blush to find it fame , " the avowal of their sweet names would afford an opportunirv for the expression of the " people's gratitude . The League's Council bnt do their work hy halves when they prevent indulgence in such a sentiment . In the absence of such information I venture to say , that 1 can give a pretty shrewd guess , if not at the gentlemen , at least at the party , of whom they are the representatives . I hesitate not to declare my belief that they are the disciples

      ofthe Free Trade School . But why do I entertain this notion , and upon what authority am I justified in thus publicly expressing it ? I answer , that the programme of tactics , published by the nuclei ofthe _Jew League , warrants that opinion , and tbat the consequent adherence of their sympathetic friend , Mr . Lovett , justifies its expression ; for he is the connecting Jink between the working classes , and the respectable and wealthy shams , whose " moderate " treachery , however , is fast losing its baneful influence . I happen to know individuals of that political cire ' . e , constituted of respectable gentlemen , manufacturers , retired _shopkeepers , and others , who regard Mr . Lovett as a planet of benignant _innnence , though of satellite use , in their

      politicoastronomical _system . The social and political predilections of these gentlemen are pretty well known to me . I can readily east my mental eye upon one , who , through the reciprocating services of Mr . Lovett , would , if he has not already , munificently swell the funds of the _Xcw League with his £ 5 donations in aid of its " moderate" projectors . Of Ihe extent of his sympathies with the claims , politieal and social , ofthe working classes , the gentleman allnded to bas given proofs on many occasions . De , then , among others , will be but too happy to respond when communicated with hy the nuclei . Bis inflated purse and shallow philosophy will be equally at their service . But when I hint to my fellow working-men that this specimen of respectable

      political patronage , has about 2 , 000 factory Saves gratifying his organ of _acpiisitivtiuss , and affording bim the means * of luxuriating in a rural palace , —the mere rental of which would equal the united wages paid to more than fifty agricultural feimlies in his neighbourhood , —I am sure they will form a just estimate ofthe worth of such patronage . Where and what , I should like to know , have been the services of Mr . Lovett , that his name should be trumpeted forth , a 3 if affording a tower of strength to the newly-erected specimen of political architecture ? Do the designers consider their edifice insecure without the masonry ofa Lovett ? I aver that Mr . Lovett's political precedents have not been such as to secure for him the unqualified approbation of

      his fellow working-men ; on the contrary , he has too often followed in the track of their inveterate , but secret , foes , by gently censuring the villany and r . tpaeity of these , while he has magnified the failings of his own class . He , who may write the biography ° f W . Lovett , will , if true to history , acknowledge _Ks political error to be—intriguing and associating himself with capitalist-employers , and other pseudo ref ormers , with the view of seeking their patronage , _Rafting their purse , thereby tending to remove _« om the working-classes the prop of self-reliance , 2 nd impeding that energetic agitation which is the necessary precursor to the obtaihment of their

      political and social rights . Thanks , however , to tie discernment of our political brethren , this deteriorating influence has been but limited in its extent . The progress of Democratic , ay , and of _J jepublican , principles amongst the great mass of we people , and , in addition , the prevalence of socialist opinions , establishes the truth of this assertion . That these glorious principles may speedily be triumphant , and that my fellow Democratic woriving-men may not allow themselves to be swerved from their purpose of political and social _equality , by the personal ambition , and promised patronage of any * set of men , ib the hope , T - Sir , of yours respectfully , union , April 22 . A _Vwoaur . ,

      Ernest Jones And His. Suffer Ing Compatr...

      ERNEST JONES AND HIS . SUFFER ING COMPATRIOTS .

      TO THE PEOPLE . _Fbieijds . —While congratulating the good men and true , whose names appeared in last Saturday ' s " Star , " on thoir liberation from prison , and restoration to their families , I deplore , in common with others , thatsome of the ablest and most sincere of your advocates are still suffering the miseries inflicted under the ** silent'' and " separate" systems , and the other refined tortures of modern " model '' dungeon discipline . . ;

      Ernest Jones , Joseph Fussell , John Shaw , Dr . M'Douall , and several others , whose names are not so well known , have yet to . count the weary hours of body-killing , and soul-blighting captivity , in the prisons of TothiU Fields , Newgate , Kirkdale , & c . I am bnt little acquainted with the p rison history of most of our unfortunate brothers ; but for some time past , I have been

      conversant -with facts relating to the treatment and sufferings of my friend , aud your friend , and most eloquent champion , Ernest Jones , which I now make known to the public . I have hitherto abstained from divul ging these facts , because , being engaged in efforts to obtain the release of Mr . Jones , I deemed it prudent to postpone that publicity which has now become necessary in consequence of the failure of those efforts .

      Haring received intimation , some weeks ago , through Mr . Jones ' s family , that his health had so deteriorated as to cause his removal to the prison infirmary , and that his . friends were under the impression that the prolongation of his imprisonment mig ht terminate fatally , I set about seeking influential aid , with the hope of obtaining from the Home Secretary , a merciful remission of the remaining term of Mr . Jones ' s sentence . Being an inhabitant of Marylebone , and Mr . Jones , when with his family , being also a reresident of the same borough , the idea of

      seeking the aid of its representatives naturally suggested itself . I easily obtained an interview with Lord Dudley Stuart , who , at once , in the kindest manner , expressed the utmost willingness to promote the humane object for which I sought his assistance . Lord Dudley Stuart , while desiring the co-operation of his colleague , wished also the aid of some other members of Parliament , whom he named . I found Sir Benjamin Hall equally ready to exert his influence ; and letters from Mi * . "Wakley , Mr . Lnshington , - and Mi . Bernal Osborne , assured me of their co-operation .

      On Lord Dudley Stuart , Sir Benjamin Ball , and Mr . Wakley making application to Sir George Grey for the release of Mr . Jones , the Home Secretary replied that no attention could be paid to any appeal unless supported by a medical certificate , affirming that further confinement wonld be fatal to the life of the prisoner . Accordingly , Mrs . Jones made app lication to Sir G . Grey , which application was supported hy Sir Benjamin Hall , for an order to admit her familv _' s medical adviser to

      see Mr . Jones . After some delay this request was refused , Sir George Grey intimating that he could not " consistently with the rules of the prison , make an order that Ernest Jones should be visited by his own medical man . " It was intimated , though not in the same communication , that Mr . Perry , the medical inspector of prisons , wonld risit Mr . Jones . Up to this moment , Mr . Jones ' s friends are in _ioriorauce of what may have been the report of that officer . In refusing the permission

      solicited by Mrs . Jones , tbe Home Secretary further intimated that "his public dut y would not allow him to recommend any mitigation of Mr . Jones's sentence at present . " Let rae observe that , as that sentence will in due course expire—in about two months—if Sir George Grey contemplates anything like an act of clemency , though not " at present , " he cannot too soon carry _, out his good intentions , if such an act is to be of any service to our suffering friend .

      The above is but a brief statement of the efforts that were made , but which is sufficient to convey to your minds an idea of their nature and result . I consider I am performing a duty on your part , when I thus publicly express my thanks to the Members of Parliament who kindly , though without tbe desired result , interested themselves in favour of Mr . Jones . I must add the expression of my satisfaction at the sentiments of Lord Dudley Stuart , relative to punishments for political offences—sentiments which testify to his humanity and truly liberal principles .

      Let me next call yonr attention to the treatment Mr . Jones has experienced , and leave you to pass an opinion as to Sir George Grey's estimate of his " public duty , " and his humane consideration , in refusing to allow an unofficial medical man to certify as to the state of Mr . Jones ' s health . It is not my design to enter into an account ofthe discipline of TothiU Fields Prison ; for such an account 1 refer my readers to the valuable letters of Mr . Vernon , published in

      Reynolds ' s Political Instructor . It is sufficient io state , that Mr . Jones has heen subjected to the " separate'' and " silent" system ; the movements of his head and arms being made a matter of regulation ; " skilly , " and the ordinary prison diet , heing his fare ; the particoloured cap and convict dress , his clothing * . Members of his family only , have been permitted to see him , and they but once in three months , and his correspondence has heen subjected to the same restriction .

      Almost immediately on his committal to TothiU H 511 Fields Prison , Mr . Jones wrote a letter to Mr . Justice Wilde , complaining of being required to perform the labour of oakumpicking , or to pay a fine , and requesting that his treatment mig ht be made more in accordance with his sentence . The prison authorities burked that letter . Mr . Jones also desired to petition Parliament , describing his severe treatment , and demanding redress . Again

      the prison authorities put their veto on his attempt to obtain justice . Prison laws are not made by the Legislature , but by the mag istracy , in connexion with the Home Secretary ; and it appears that , however brutal those laws may be , a prisoner cannot appeal against their severity to that power which should be the fountain of all law , and the protector of the injured—the " High Court of Parliament . "

      In the spring of 1349 , Mr . Jones was " locked up , " I presume in what is commonly termed the "black-hole ; '' but under what circumstances I am not informed . Some time in the summer of last year , when the cholera was at its height—the oakum money being due , and Mr . Jones refusing to perform that unhealthy and degrading labour—was sentenced , by the visiting justices , to be locked up in a cell , four feet by six , without chair or table ; with a bedstead of iron , but no bedding ; without hooks ( they even took away the prison Bible ) ; and , for diet , a small allowance of bread and water . Mr . Jones was ill at the time—on the sick list . He had been receiving infirmary diet for some time

      previously , and was suffering from a severe bowel complaint . His cell was due south , and the heat was stifling . Taking into account this fact , together with that of the instant change from food ofa comparatively superior kind to bread and water only , it is wonderful thatthe comp laint he was suffering under did not turn to cholera , and doom him to the fate of Williams and Sharp . Mr . Jones remained six days in this " black hole . " On the seventh morning , he was again sentenced by two magistrates—a Mr . Rose and another—to the same punishment , for another term of six days —a sentence whieh , however , was not carried into effect , aB the money was paid that afternoon , While inffenng _thepocisbmeflt already

      Ernest Jones And His. Suffer Ing Compatr...

      described , the timecame . for Mr . Jones to write his quarterly letter to his family ; but he was told thathe could neither write , nor receive any communication , while undergoing that punishment ! From the month of March , 1849 , to the present time , Mr . Jones has not had a day ' s enjoyment of health . With him it has been a constant alternation of indigestion , illness , drastic-medicines ; and when thus a temporary relief was obtained the old indigestion , and all the rest , were brought back again by the old

      diet . This has gone on continuousl y , till what with sickness , medicines , sleeplessness , and ticdoloreux , the sufferer was reduced to a state of complete exhaustion . Every fresh attack left him weaker , and with less appetite . By degrees want of sleep resulted in a tendency to fever . About the latter end of February last Mr . Jones , being under infirmary treatment , was sitting before the fire , waiting the arrival ofthe surgeon , when feeling himself more than usually ill , his sight leaving him , and pulse hardly perceptible , he made an effort to reach

      the door m order to knock for an officer , but fell to the ground in a state of utter insensibility , consequent upon the impaired condition of his frame . For several days the only food he had been able to take was two thin small slices of bread and butter , moistened with some tea . For many nights he had been unable to close his eyes , even opiates failing to make him sleep . __ He tried , on recovering his senses . to regain his chair , and had just raised himself before it , when sight and consciousness

      again left him , andhe fell backwards , partly in the fire-place , with his back resting against the bars of the grate ; fortunately for our poor friend the fire was very low ,- he not having had strength to supply it with coals , or the consequences might have been both frightful and fatal . On being restored to his faculties , he succeeded in dragging himself from the fireplace to his bed , where he remained until the arrival of one of the turnkeys , who seeing his alarming condition immediately fetched the

      surgeon . My friends , for reasons which I need not express , I stifle my own feelings , in omitting comment on this sad , sad story . Presuming Sir G . Grey to have a conscience , I would ask him , if he should happen—which is not . unlikely—to cast his eyes over this letter , hew he can reconcile to his conscience his harsh and ungenerous refusal to allow Mr . Jones ' s family to ascertain , through their own medical adviser , the actual state of Mr . Jones ' s health ?

      It is onl y just to state , that from the time of the alarming attack above described , Mr . Jones has not been wanting in good treatment , both as regards diet and medical attendance . His health , too , has undergone a change for tbe better . But that he is yet seriously unwell can admit of no doubt , seeing that I have reason to believe that he is still in the infirmary ; and that Mrs . Jones , on the occasion of her

      last visit to the prison , found him reduced almost to a shadow , and giving every evidence of still suffering under illness , which , if it do not cost him his life immediately , may sow the seeds of fatal disease in his constitution . One of the prisoners just liberated , and who saw—but only saw—him in the prison chapel on last Sunday week , describes his appearance as confirming the worst fears of his friends .

      Mr . Jones makes no complaint of the personal conduct of the Governor , Under-Governor , Surgeon , and other Officers . He finds no fault with their carrying out the prison discipline , hut to that discipline itself he justly imputes his suflerings—indeed , the " model ' treatment so much lauded by the Government and its supporters , is a system of slow but sure MURDER . Another year ' s detention , or perhaps one-fourth of that time , in TothiU Fields Prison , would certainly doom Ernest Jones to the sad end of _Holberry , Clayton , Williams and Sharp .

      Recently , I saw a letter from Robert Crow , also confined in the above named prison for " sedition / ' in which he stated that in consequence of the diet , he had been drugging and suffering for the last twelve months . Want of sleep forced the employment of opiates , which in turn afflicted him with an unceasing and excruciating head-ache . The poor man complained that the regulations aro so vexatious , "that a smile is rebuked , and a side look subjects the offender to punishment . " Of the books sent to him by his friends—the People ' s Journal , and Emerson ' s Orations—were refused to him !

      I have not heard of late , anything of importance concerning Dr . M'Douall , but itis notorious tbat his treatment has been excessively severe . In the same prison—Kirkdale—a number ofthe "Irish Confederates " are still suffering . One of them , as I am informed by a note received from Liverpool , named Sommers , is so reduced in bodily strength that he is only able to walk with the help of crutches , and it is anticipated

      that on his liberation he will be utterly unfit for labour . The friend imparting this information , adds an appeal to the benevolent to afford to the wife of poor Sommers some pecuniary assistance . " Subscriptions to be addressed to Mrs . Sommers , Hurst-street , or to W . L . Costine , 33 , Clare-street , Liverpool . It is confidently hoped that Sommers ' s brother 'Confederates' will take a share in this work of humanity . "

      Tou will perceive , friends , from another portion ofthe " Star " that a public meeting was holden on Tuesday evening last , at the John-street Institution , Fitzroy-square , when a memorial to the Home Office was adopted , urging the justiee and humanity of releasing the Chartist prisoners yet in confinement . I invite you to immediately follow that example in your respective localities . Should our memorials only elicit the official reply too usually accorded , we must next petition Parliament on behalf of our friends , if only for the purpose of making known their sufferings

      and the hard-heartedness of their persecutors . From the fact of Ernest -Jones , Dr . M'Douall , and others of commanding talents and popularity , not being included in the list of those recently liberated , tbe conclusion must be drawn that they are punished with greater severity because of their influence with the people . It is wonderful that rulers will be so short-sighted . Sir George Grey and his colleagues might know that their merciless treatment of able and earnest men can have no other effect than to make those men the more " dangerous , " and the more-than-ever determined enemies of " things as they are . "

      If this letter is mainly occupied with the case of Ernest Jones , it is not that I have less sympathy with his fellow-sufferers , but because I know more of the circumstances connected with his treatment . I may add that , in dwelling upon his case , I have at the same time pourtrayed the cruelties to which the others have been subjected . I may be pardoned , however , for saying that , in addition to the heartfelt sympathy I entertain towards all our brethren suffering for their political opinions , I have that sentiment for our gallant and excellent friend , Ernest Jones , which becomes me as his old colleague in the press , and on the platform .

      Trusting that he and his fellow victims may , through your efforts , be speedily restored to home and family , and to _you—tbe People , who will know how to do honour to the men who have endured so much in your cause , — the cause of Justice and Human Progression .

      I am , my Friends , Yours Fraternally and Devotedly , G . Juuan Harne y April 25 th , 1850 .

      Tnk Iate Warlike News From Russia Is Con...

      TnK iate warlike news from Russia is confirmed by all the German and Austrian papers . The Russian troops on the frontiers of Prussia are quoted at 1 G 0 , QI ) 0 men , and strong reinforcements are said . 10 be inarching up . , 50 , 000 among them are Bashkir aiid Circassian horsemen .

      O'Connor , M.P., V. Bradshaw

      O'CONNOR , M . P ., v . BRADSHAW

      COURT OF EXCHEQUER .-APIW , 23 . Mr . Sergeant Wilkins applied to the court in this case for a new trial on the grounds of misdirection , rejection of evidence , and that , the verdict , was -. gainst evidence . The motion was . part heard on Monday , and proceeded with at the sitting ofthe court on _ruesday morning . The action was brought by Mr . Feargus O'Connor against tho proprietor of ?• a _uP , newspaper , for libel . The case was tried before the Lord Chief Baron , and after occuthe court

      pying for three days , the jury returned a verdict for the defendant , accompanied by the unanimous resolution that , in their opinion , the personal honour and honesty of the plaintiff was _unreached . In conducting the case on behalf of the plaintiff , he ( Sergeant _Wilkins ) complained that He bad-strong prejudices to contend with / and those _Prejudices had been _aggravated by the manner in which the learned chief baron left the case to the jury . ¦ ihe learned judge addressed thejury for two hours and three quarters , giving essays on various _SUOJBClS *

      Ihe Chief Baron _.-Ycs , brother Wilkins , but the counsel at both sides made speeches of equal length , and I had to go through all the evidenee taken on a three days' trial . f n _^ _f Vlb Y , _- — * _% Jord » I do not com P lain ° 77 i ?" - tlxe 3 umming "P . hut only of how little ot the time which it occupied was devoted to the question at issue . Proceeding , however , to the specific grounds of complaint , he contended that the declarations of the plaintiff , published in the AorthernStar , of which the plaintiff was proprietor , had been imnronerlv reieoted . On _« of ihe

      charges against Mr . O'Connor was , that ho had purchased lands with the monies ofthe subscribers to this Land Plan , and had tliese lands conv yed to his own use without any declaration of trust . On tlie part of tbe plaintiff it was proposed to prove that he had in a dozen different letters , signed with his name ,-and published in the Northern Star , declared that he held the estates in question in trust for tho subscribers ; but this evidence was rejected . Baron Putt . —Was the only declaration of trust that which was published in the newspaper ?

      Mr . Sergeant Wilki . vs . —In the newspaper , my lord ; but we proved that it had been inserted there by Mr . O Connor ' s direction , and with his name . Mr . Baron Parks wished the learned sergeant to select any one instance in which he considered that there had been a declaration of trust , showing the purposes of the trust , and signed by the plaintiff . Mr . Sergeant Wilkins read various extracts from letters and articles published , as we understood , in the Northern Star , in which it was announced that Mr . O'Connor had purchased various estates forthe

      National Land Company . One of the purchases was said to have annexed to it " a splendid baronial hall , " and the paragraph . wound up by saying , " This is the way ih which Lord John Russell sliould feed the Irish people . " Passing on to the point of misdirection , the learned sergeant submitted that the Lord Chief Baron had told the jury it was a questiou of bona fides as to Mr . O'Connor , but it was also a question of bona fides as to Mr . Bradshaw . Now he ( Sergeant Wilkins ) submitted that how far Mr . Bradshaw acted bona fide or not formed no part of the question .

      CniEF Babon . —Surely it did upon the question of damages . Mr . Sergeant Wilkins . —But it was not so left to the jury . On several occasions in the course ofthe learned judge ' s summing up , and when interrupted bj him ( Mr . Sergeant Wilkins ) and reminded that the only question at issue was the bona fides of Mr . O'Connor , the Lord Chief Baron said , "No . doubt it is a question of bona fides as regards Mr . O'Connor , but it is equally a question of bona fides as regards Mr . Bradshaw . " The only question was whether Mr . O'Connor was an honest man ; the jury found he was an honest man , and then found a verdict against him .

      The Chief Baron . —I certainly commented upon the situation in which Mr . O'Connor placed himself as the holder of other people ' s money ; but I did not consider the charge against him was that he was personally dishonest , and meant to apply to his own use the money paid him b y the subscribers to this company . I did not consider that Mr . ltoebuck , in conducting the , defendant ' s oase , put it upon that issue . It was _dishonesty in a political rather than a personal sense that was imputed , and that is my understanding of what thc jury meant . Mr . Sergeant Wilkins could not suppose the Chief Baron remembered tho many severe expressiohs used by his friend Mr . Roebuck , and in a manner peculiarly his own . Did not Mr . Roebuck say

      that Mr . O'Connor did not complain of being called a political impostor , he had been so often called b y that name before that he thought nothing of it ; and did his lordship forget Mr . Roebuck ' s figure , that the Land Scheme was a pump to pump the money out of tho pockets of these poor people , into that grand reservoir his own . pocket ? The _Cbibf Baron . —Ue certainly did use these expressions , but yet I did not understand him to contend that Mr . O'Connor had appropriated any ot this money to his own purposes . Mr . Sergeant Wilkins had forced his learned friend to admit , in the end , that not one shilling of this money had stuck to Mr . O'Connor's fingers ; but the verdict was for the defendant , and he could

      come to no other conclusion than that the jury arrived at that verdict because they were told they might consider Air . Bradshaw ' s bona fides . The next point on which hc complained of misdirection was , that the Chief Baron left it to thejury to put a construction on the plea of justification , instead of doing so himself . The Lord Chief Baron , m summing up , nnd going through the various statements in the plea , proceeded thus : — " It ( meaning the plea ) goes on to state that , by reason of the premises as aforesaid , the plaintiff was dishonest in connexion with the said Land Plan . Tliey do not , you will see , impute personal dishonesty in the way of

      actually appropriating the money , but with having acted with dishonesty in not making a proper and full disclosure of the real state of things . This is the question , and you are to put your own construction ( I can in that give you no assistance whatever ) on what the defendant meant by the word ' dishonest . ' If he meant to say that the scheme was a political imposition , inasmuch as all had not been stilted that ought to have been stated , then the plea is made out . But if you think ho meant personal dishonesty , then you must decide whether the plea be made out ; but the two propositions are by no means identical . "

      Mr , Baron Parke . —The Chief Baron thought two distinct views might be taken of the publication alleged to b a libel . If looked upon and referred to as a scheme of a public nature , then it was a proper subject for fair comment ; and if the publication did not exceed fair comment , the defendant would be entitled to a verdict on the plea of " not guilty . " Mr . Sergeant Wiikiss observed that the p lea of " not guilty" was found for the plaintiff under thu Chief Baron's direction . What he now submitted was , that his lordship left it to the jury to put a con - struction upon the plea of justification , which was his own exclusive province . The Lord Chief Baron . —I certainly adhere to the view I took at the trial . I thought the plea wentto the extent of justifying the chargo of dishonesty in reference to this company , as a publio scheme , and thejury were to determine how far it was proved by tho evidence .

      Mr . Sergeant Wilkins said thejury had found , in fact , that the plea was false , for thoy said no personal dishonesty could be imputed to Mr . O'Connor , and having that view , lie could not conceive how they could have found a verdict for the defendant , if _they'had not allowed the question as to Mr . Bradshaw ' s bona fides to enter into their consideration . The next point of misdirection which he insisted on was , the Lord Chief Baron ' s positive statement that the National Land Company was illegal , as coming within the lottery acts . Now , if this company was within the lottery acts , so was every building _gociety and money club . It was tho opinion of some counsel of great eminence , however , that the society was not _illegal , and in point of fact tho very question

      was now depending in the Court of Queen's Bench , upon a motion for a mandamus to tho Registrar of Joint-Stock Companies , to compel him to register this very company . The jury , however , were told that beyond all doubt it was illegal , and no doubt supposed that as Mr . O'Connor was a barrister he must have known it , though he presumed the court would agree with him that this did not necessarily follow . ( A laugh . ) It it only stood upon this point , he thought the court should grant him a new trial . The Chief Baron . —If the court where this is to be decided should hold that the society is illegal , surely that would be an end of the question . On the other hand , if the legality ofthe society should be established , there is an end of the question .

      Mr . Sergeant Wilkins contended , tliat as tho subject was about to undergo discussion , and wns nearly ripe for judicial determination , he was entitled to a rule nisi fora new trial . The last point of misdirection which he insisted on arose upon a clause of the Bankruptcy Act , 6 Geo . IV ., c . 16 , s . 79 . That section provided that where a bankrupt , as trustee , is possessed of real or personal estate , the Lord Chancellor may order a conveyanco or an assignment of the ( rust estate or funds to

      other trustees , who should hold them upon the same trusts as they were held upon by the bankrupt . This being the stato ofthe law tho Lord Chief Baron had informed thejury that the estates purchased by Mr . O'Connor would go to his creditors if he beoame bankrupt , and that all the money in his name in the bank , . belonging to the subscribers of the National Land Company , would pass to his assignees ; and his lordship further informed the jury that the _Bhiireholdero' m this _echemo oould have no relief in equity / because it was illegal . He submitted , in conclusion , that the Chief Baron ' s

      O'Connor , M.P., V. Bradshaw

      direction on _those several matters was not well founded in point of law . Mr . Baron Parks . —If the jury took the view that the alleged libel was a fair comment upon a scheme of this kind , the verdict ought to have been entered on the plea of not ' guilty for the defendant . Mr . Sergeant Wilkins , on behalf of the plaintiff , would have no objection that the verdict should be entered for the defendant on the plea of not guilty , if the plaintiff could have the verdict entered for him on the plea of justification . The Chief Bauo . _v _; Well , perhaps the counsel for the other side will consent to that course .

      Mr ; Rokduck and Mr . Baglky , who were counsel for the defendant at the trial , were understood to intimate that they had no instructions to entertain the suggestion . " . Mr . Sergeant Wilkins did not expect the proposition would be readily acceded to , as certain consequences would follow tho course suggested . It would be hard he thought that Mr . O'Connor should pay for the consequences of any mistaken view taken at the trial . The Lord Chief Baron . —I thought , brother Wilkins , it was all a quustion of character ? Mr . Sergeant Wilkins . —Oh 1 no , my lord , the jury disposed of that ; they found that the plaintiff ' s honesty was ui _. iinpe _.-icliod ; but there are certain golden fetters binding the plaintiff , and from which he is anxious to escape , and , perhaps , if your lordship granted a rule , some arrangement might be come to .

      Baron Parke . —We can't grant a rule fur that purpose . The Chief Baron . —We cannot grant a rule merely to give you au opportunity of coming to some arrangements as to coses . We understand you to move for a rule upon the grounds already " stated . The court will take time to consider whether they will grant a rule . Judgment deferred .

      National Land Company. Court Of Queen's ...

      NATIONAL LAND COMPANY . COURT OF QUEEN'S BENCH . —April 24 . THE NATIONAL LAND COMPANY V . WlIITMAnSU . Mr . Peacock , Q . C _., and Mr . Macnarnara appeared for the plaintiffs , and the Attorney-General and Mr . Welshy for tin * defendant . In this case , _nmandamus was issued calling onMr . Whitemarsh _, registrar general of Joint Stock Companies , to show cause why he refused to grant complete registration to the National Land Company , and to grant a certificate toil . The return tothe writ set forth that the registrar deemed the Company to be illegally constituted , as carrying on the business of a Banking Company , and acting . in a

      manner not in accordance with the provisions of the Joint Stock Companies Act , which was an act for the formation of Companies for commercial purposes , and having commercial profits in view ; and that the * Company was contrary to the professed object for . which it was formed , namely , the purchase and allotment of hind ; and was essentially within the meaning of a " chance lottery , " ana as suoh contrary to the statute rendering lotteries illegal , and therefore not entitled to registration . To this return demurrer was put in , and the ease now came on for argument .

      Mr . Peacock , in support of the demurrer , said thatthe Company had already been Provisionally Registered , and that a deed had been drawn up for the purpose of obtaining a complete registration of the Company , the whole of which deed was set forth in the mandamus . Before a Company could be completely registered , a deed must be signed by one-fourth of the shareholders , and that requirement had been complied with in this instance . But it was asserted that the Company was illegally associated , and that the allotments of land were to be delivered by the chances of drawing . He would show that it was not . Suppose in a deed a certain number of persons associate themselves together to form a Company for the purchase and distribution of lands . If they could purchase the lands at once , they could bo divided at once amongst all the _shareholders ; but , inasmuch as they could not be purchased at once , the directors in that case would have to divide the lands

      among a certain number of the whole body , reserving certain rent charges , which , when the land was sold , would be applied to the purchase cf other lands , to be divided among other shareholders . Now that was the case here . A certain number of persons associated themselves together hy a deed , and invested five per cent , as a rent charge for the purchase of land , which when purchased , was distributed by lot by the Directors , who were trustees for the shareholders . The five per cent , was an investment , on the part of the shareholders , for thc purchase of lands , and the alloments were intended to be allotments not to a few

      individuals , as in a lottery ol chanco , but to all , from time to time , as the Company might become purchasers of land ; so that , in point of fact , the Company were the purchasers and sellers ol land , the latter operation being by allotment among themselves , in eonsidcration of the rent-charge . The question then arose , was this scheme within the meaning ofa lottery ? Clearly not . It was not a drawing of lots to see what shareholder would get a preference or prize , but a system of allotment for tho benefit of all . But how , it was asked , where they to divide the land and house which might be thereon ? They could not , it was said , divide a house among tho whole ofthe shareholders ; and the question arose , who was to take tho house ?

      Coupled with the land , it was lo be taken by allotment , the land being subject 10 the rent-churge set forth in tho deed . It was , in fact , to be determined by drawing lots , and that was the mode laid down in tho second volume of Blackstone's Com mentaries , p . 188 , for the partition of lands anion , *; parcellers . A rent-charge was fixed opon one portion ot the land for purchase of other lands to bo disposed of by lot to those who had not yet succeeded in the _drawing , so that all wcre to be served . Every person to whom land was allotted was to pay a rent-charge . Tho question was then , had all the shareholders who subscribed to this Company subscribed to an illegal transaction ? If so , then they could

      not recover their money from the Company , and if this deed was illegal , then all the money invested in the scheme was lost to the . parties . But he would show that the deed was not illegal . The earliest statute on thia subject waa the 10 th and 11 th Will . 3 , c . 17 . That was an act entitled , "An Act for Suppressing Lotteries , " which said , " whereasseveral and divers mischievous persons have for years past set up lotteries , not only in London , but in several large towns , and have induced the children and servants of families to buy tickets in these lotteries , for the purpose of making money for themselves ( the companies ) , be it . enacted that all such lotteries , and every other lottery , are void and against the English law , and shall be put down ;

      and that every person violating this act shall be subject to a penalty . " There was also a penalty by the third section . Now , the question was , what lotteries were those ? They were lotteries set up by persons for the purpose of obtaining money from other persons , under inducement of gaining prizes in those lotteries . Was there anything like that in the plan and proceeding of the National Land Company ? This is not a Company setting up a lottery and taking money from the parties on the uncertaintj of drawing . This was a Company purchasing land and selling it amongst themselves . Lord Campbell . —Suppose , Mr . Peacock , that 100 persons subscribe to buy land , and that they distribute it among ten , would not thathe a lottery ?

      Mr . Peacock . —Yes ; but such a case as this of the National Land Company did not fall within tho meaning of that case . Lord Campbell . —If all persons enter into a scheme by which some of them are to be benefited by a chance , why , then that would be a lottery . Mr . Peacock . —Yes , my lord ; but every one in this case is to havo his allotment , but it is to be determined not by the uncertain of a lottery . The word " lottery" is a word ejusdem generis . The Queen v . Scott , 8 Jurist , p , 473 , contained a decision on the point , which turned on a benefit association . The other statutes which bore on the

      question of lotteries were the Sth George I ., c . 2 , s . 36 . and thc 12 th George I ., c . 28 , and it was said on the other side that this Company came within the meauing of those acts . The 8 th George I ., by which any person setting up a lottery was subject to a penalty of £ 500 , did not at all appear to him to apply to a oase like the present . There were a number of persons opening an office , in the Scheme of which all wero to be subscribers of " chance , " and one was to havo all the benefit of tho whole , in the drawing of a lottery ; but here every one was to have an equal share with tho rest . He apprehended , also , that this was not a sale of lands ; but if it was a sale of lands , then the Company , who was tho seller , got the lands . His learned friend ( the Attorney-General ) held that tho person who the land the

      got was purchaser : but that was not so , he was tke " vendor . " The whole Company were the purchasers ; the ono took the land , and all the others took the rentcharge , at the rate of < 5 per cent , on the whole amount of the purchase money of the land and improvements , lie did not know that there was any distinction between the act of George the First , nnd the 12 th of George tho Second . This last statute was- enacted for tho more effectual prevention of gambling . Tho learned gentleman then referred to tho case of Silver v . Barn , 6 Bingham ' s New Cases , p . 180 , wherein a benefit society raised a joint-stock fund , by way of "loan , " at five per cent , interest , and in which tho advances were put up for the bidding of the members of the society . Lord Campbell . — That was an auction rather than a lottery .

      Mr . PEAC 0 CK . —In that case tho members of the society all held an interest in tho loan , and a new trial was moved for , but was ' refused , the court being of opinion that the loan was from the' funds of _thepartenership ; and Lord Chief Justice Tindall ,

      National Land Company. Court Of Queen's ...

      on that occasion , said that" there had been no loan , but merely an advance out of the funds of tho funds of the partnership of the society . ' - ' There was an aot of parliament also which had reference to tho Art Union , and in that scheme there wero some instances where some of tbe subscribers did not get prizes . Mr . Justice Wightman . —Not so ; for in that scheme there were all prizes . Mr . Peacock . —There were some blanks , I think , for I got one . ( Laughter . ) The Court again corrected the learned gentleman , who said , " then if all are prizes , some are very good prints , and some very bad . " ( Laughter . ) uut here , if the scheme were carried out , each person would get an allotment , _emml tn thatmf hia

      iellow . The third question raised was , whether the company waa a banking company ? Ho did hot know how that was to be made out . The Attornet-General . —it is set out in the return to tho writ . The deed was for _^ complete registration as a National Land Company ; but it appeared that they were carrying on the business of a banking Company , and he ( the Attorney General ) contended , that having . become known to the Registrar General , warranted him in refusing a certificate of registration to tho Company , and he so refused on the ground that it was an illegal Company . If the Company have wrongfully carried on the business of a banking Company , then the Company is not entitled to complete registration . Mr . _Pbacock . —A company is not a company until completely registered .

      Lord Campbell . —AU that they ask is to be registered in the terms of the deed . Mi * . Peacock . —That , my lord , is all ; and if the Registrar would grant them registration , they would be bound by the terms of the deed . Lord Campbell . —If the deed is in express terms , then the Company could he prevented by the Registrar from carrying on any business not in the deed . The Attorney-General . —The Registrar , when they came to him to ask . for complete registration , said , " _jN ' o ; because before you came to me , and when you were provisionally registered , you did an illegal act , which renders you liable to a penalty . " Lord Campbell , —There was no pretence for saying that under the deeds a banking company could be carried on .

      Mr . Peacock did not see anything in the deed which implied the carrying on the business of banking by the Company , and inasmuch as they had not done anything unlawful , ho hoped the court would be of opinion that the Registrar-General ought to grant complete registration . The Attorney-General felt it to be his duty to oppose the application , and thought he could show that the Registrar-General was right in the course he had taken . The National Land Scheme was , in his opinion , decidedly illegal , for tho reasons set forth in the return to the writ ; and if the applicants should be pronounced entitled to registration

      for this Land Scheme , the same argument , would hold in the case of every lottery . He would , he believed , be able to satisfy their lordships that , on the first point , tho . object for which the Company was formed , and the nature of the Scheme , were against the construction to be put upon the Joint-Stock Companies Act , which was an act framed for commercial purposes , and for the purposes of profit in a legitimate way . He was of opinion that the object of the legislature , in confining the operations of joint-stock companies to commercial purposes and profits was the encouragement of trade and legitimate speculation . Lord Campbell . —All regularly constituted companies are of that nature .

      The Attorney-General drew the distinction , and contradistinguished the companies which come within the meaning of the words . from those which do not , and are _excepiions , as literary institutions . Banking companies had their own act , and were governed by it . He could not see how the National Land Scheme could be considered as constituted for commercial purposes . Lord Campbell . —It is quite clear the company is associated for the purpose of buying land .

      The Attob . _n-ey-Uenbrai ,. —Yes ; but if a Company carrying on business as this Company carried it on , departing from the object which it professed , was to be deemed entitled to registration , the principle would be productive of much ili-conscquence in relation to other societies . Lord Campbell . —If the Company be registered , are they not trustees for all the shareholders ? The Attorney-General . —Bo it so , my Lord ; but the lands are to be disposed of by lot , and if one

      party gets a greater chance than another , is not that a lottery ? The learned gentleman then referred to tho 10 th and 11 th William III ., and to the Acts of George I . and II . referred to by Mr . Peacock , and urged that thoso acts were decidedly violated by the proceedings of the National Land Company . They came in here to call upon tho Court to compol the Registrar to do that which he uelie \ ed it would bo illegal to do . Lord Campbell . —Until the Registrar does that they are not properly a Company .

      The Attorney-General . —It is alleged in the . return that they are carrying on the business of a banking company , and surely if they are a Company for tho purchase of lands and houses , and are carrying on the business of bankers , the Court would not , with that knowledge ( a mutter admitted in the demurrer , ) compel thc Registrar to grant tbem complete registration . Lord Campbell . —Can it mean anything more than that certain persons , with the Company ' s money , are carrying on a business with the funds of the Company , which you say is a banking business ?

      Tho Attorney-General , —Yes , my lord _. Lord Campbell . —The court thinks nothing of that objection . . The Attorney-General thought the proceedings a departure from the constitution of the Company , and as such an illegal act , warranting the Registrar to refuse them registration . Mi * . Justice Wightman . —Do you mean to say if they are law breakers in any respect that they are not to be regarded for any lawful purpose ? The Attorney-General was of opinion that the Company had decidedly violated the statutes , and

      that for thc object under consideration they were not in a legal position . The learned gentleman referred to several authorities , and concluded an elaborate argument by submitting that the Company was not entitled to registration . Mr . Peacock replied , and referred to the 7 th and 8 th Yic , c . 110 ., which gave the parties a power to form themselves into a Company . Lord Campbell said the Court would consider the objection as to the Company being for any commercial purpose and purposes of profit or lottery , but as to any other purpose the Court did not think it necessary to consider the arguments or point to advanced .

      THE NATIONAL VICTIM COMMITTEE TO THE FRIENDS OF DEMOCRACY . Brother and Sister . Democrats , While Ave most cordiall y thank those who havo done their duty , and are fully aware of the many appeals which bave been made to their sympathies , we consider it to he our duty to address you on the present occasion . AVe are most happy to state , that twelve of our brethren were released from their dungeons last week ; and we regret to add , that many of these patriots who have suffered most acutel y in the cause of truth and justice , had on their liberation to return to desolate homes , while others had none to whom to apply for shelter ; and further , through the existing prejudice * of the middle classes , many of tbem cannot

      obtain employment , consequently , they are now reduced to greater destitution and privationB than when they were under the tender care of our merciful Whig Government . As tbey are thus circumstanced , we call on you to render them all the assistance in your power , and trust that we shall not appeal to you in vain . We also beg to remind you that our esteemed friends , Ernest Jones , Dr . M'Douall , Fussell , Sliaw , and other brave patriots , are still subjected to all the horrors of imprisonment , and that their wives and families arelooking to , and require , your support ; not forgetting those whose fathers have been torn from their native land , and also those who have lost their only protectors , their Uvea being sacrificed in the cause of suffering humanity .

      We further are compelled to state that the fund for exempting Ernest Jones , and John Fussell , from picking oakum , is quite exhausted ; and wo rest satisfied that you will notjoopardise their valuable lives , by neglecting to supply tho small amount required for Ihat purpose during the brief period that remains of their imprisonment . In conclusion , we again call on you in the name of justice and humanity , not to delay in responding , reminding you to " do unto otherB as you would have others do unto you . " Signed on behalf of the Committee , John Arnott , Secretary . 14 , Southampton-street , Strand , ' April 26 th . 1850 .

      P . & . —1 have much pleasure in stating" that Francis Looney , convicted of sedition , and sentenced to two years and two months iiripnsonment , has been this day liberated froifi _Horsemonger-lane Gaol . J . A .

  • Citation
    • Northern Star (1837-1852), April 27, 1850, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns4_27041850/page/5/