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dress , he resumed his seat , and two or three minutes had only elapsed when he walked out of the House . ] The Loed Chancellor dissented from Lord St . Leonards' views . Lord Derby supported them , and in conclusion said : And now , having stated generall y the argument as it occurs to me on this subject , I must deprecate the manner in which it has heen brought to an untimely close , and caused my noble and learned friend to abandon the case , and leave the house ; for , my lords , I do think that , whether you look to my noble and learned friend ' s great judicial abilities , his great skill , and the deference which ought to be paid to his high position and his a <* e—( hear .
hear )—or whether you look to the circumstances of the case and the interests involved , this is not an occasion for that levity and offensive and sneering laughter which I regretted to see the noble earl [ the Earl of Aberdeen ] permitted on the part of some of his subordinates . I think zny noble and learned friend has acted in the manner due to his own character and position , in refusing to continue to discuss the question under circumstances such as those to which , for the first and I hope for the last time , ho has found himself exposed ; and I am sure your lordships cannot blame him for the course which he has chosen in declining to remain where he meets with so much diszespeet . "
f he Earl of Aberdeen rose hastily , and spoke with great animation : — " I cannot conceive what the noble earl ^ neans . 'Vehement cheers . ) The noble earl says that I permitted my subordinates — what does he mean by my subordinates ? ( Renewed cheers . ) He says I permitted them to sneer . I can only say for myself , I entertain the most unfeigned respect for the noble and learned lord [ Xord St . Leonards ] . I neither sneered nor entertained the slightest feeling but that of the greatest respect for him , and I listened attentively to every word he uttered . The noble earl charges me with permitting some noble lords to sneer . I know none in this house but those who are perfectly free either to laugh or cry . ( Laughter and cheers . )"
Lord CampbelIi said : — " I myself take blame for having originated what has ended in a manner very much to be regretted . My noble and learned friend , for whose talents and whose character I must ever express my most unfeigned respect , in reasoning upon this address , said that the report did not comply with the terms of the act of Parliament , because it did not say that these practices had prevailed at the last election . I asked him to refer to the words of the act of Parliament , that it might be seen that it does not require any reference to the last election , without meaning the least disrespect , but just as it is done day by day , and every day , in the courts of law . What subsequently happened , I deeply regret , but I do not take blame to myself on that account , and I really believe that not the slightest disrespect waa intended to the noblo and learned lord . ( Cheers !)"
The altercation having thus ended , the subject dropped , and the motion for an address was agreed to .
NEW TRIALS IN CRIMINAL CASES . This question of jurisprudence was debated on Wednesday . Mr . Isaac Butt , Mr . Phinn , Mr . Ewakt , and Mr . McMahon , advocated the granting of new trials . Lord Palmekstok , Sir George Gbey , Mr . Napier , and Mr . J . G . Phillimoke , opposed it . Mr . Butt ' s Bill proposes to give a right of new trial to all persons convicted . In " capital" cases , the trial shall take place immediately before a special tribunal , but in other cases the appeal is not to delay the
execution of the sentence . The appeal on points of law can be made with or without the consent of the judge ; the appeal against the decision of the jury on matters of fact can bo made with the consent of the judge , and affidavits will he admissible on the new trial . The arguments used in support of the Bill wore various . Tho present law is defective ; it gives the right of appeal in cases involving property , but not in cases involving life ; and it allows new trials on trivial points of the record in criminal cases , and even then but at
the discretion of the judge , while it allows no new trial of the decision of the jury . True , a person tried in the Queen ' s Bench can get a new trial , though tried before a learned judge and a superior jury , while a man tried before a borough recorder and an ordinary jury , generally unaccustomed to weigh evidence , has no right of appeal . Thoro had been . several cases where men who had been very nearly hanged were afterwards proved innocent : in one ca . se , after-evidence established the innocence of a man who had been actually hanged ; and in the case of Harbor , an innocent man hud been
punished and irreparably degraded . 1 he judges are opposed to the proposed alterations , but tho most important reforms in our laws have been enrriod against the opinions of the judges . Tho principle of new trials has been sanctioned by the legislative approvals of Sir Samuel Komilly , Sir Fit / . roy Kelly , and Lord Campbell , and every nation of . Kurope , together with tho United Stutesjmve curried tho principle into effect . The arguments in reply woru weighty . There are nice points in civil cmhoh not generally involved in criminal trials , mid such points require reconsideration ; a Blow pre ceding in civil caws in harmless , whilo in criminal cases it would bo detrimental to society and cruel to tho convict ; and moio caution is required in case * involving property for instance than in a criminal
case , the verdict of a jury being there irreversible , while the Home-office can set aside a verdict in a criminal trial . If you take from the decision of tho judge and jury its present character of finality , you diminish their responsibility , relieve them of the anxious attention they now , pay to the case ; and induce them to regard their proceedings as a preliminary ceremony to be subsequently revised . The present state of the law was quite sufficient to secure a fair procedure . The grand jury made a preliminary inquiry , the judge explained
to the jury any doubts that might arise , and the Home-office had the power of redressing injustice . If we allow new trials in cases of conviction , would it not be just to allow the prosecutor another prosecution in case of acquittal ? and would not that lead to confusion and to endless delay . It would also ( according to the present bill ) encourage the judge to set himself in opposition to the verdicts of the jury , and thus introduce grave inconvenience . The proposed admission of written affidavits in after trials was injudicious ; in cases respecting property men have scruples .
" But ( said Lord Palmekston ) in matters which , concern life or liberty , I am sorry to say that benevolent persons have very little conscience indeed . I have received applications , signed by a great number of respectable individuals , in favour of criminals with regard to whose guilt there could be no possible doubt , and who had committed the most atrocious crimes . That is a matter of every day occurrence ; and not long ago a member of a most respectable community—the Society of Friendsactually endeavoured to induce a witness to absent himself from a trial in order to screen a man who had committed a serious crime . And I say that if you were to allow these second trials , you would have these ' pious frauds' multiplied to an extent little contemplated by the advocates of this measure . "
The only rejoinder to these arguments was that if punishment should be speedy and decisive , as had been said , we should revert to the old plan of hanging a man in forty-eight hours after his conviction . It was also urged against the Home-office jurisdiction , that it was exercised on one-sided affidavits made by the prisoner ' s friends unknown to the prosecutor . Mr . Butt , however , seeing the general opinion against him , withdrew his bill . Cab Refokm . — Mr . Fitzrox ' s Bill has passed the House of Commons . The City authorities are entrusted with tho carrying out of tho Bill within their boundaries . This amendment was opposed , b ut carried at a late hour in n . thin TTouso .
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ELECTION EXPOSURES . The scenes of the Liverpool election make a new drama , promising a " long run . " Three hundred witnesses have been summoned , and " the list of persons bribed " amounts to 113 . Part of the evidence has already been given . Thomas Cannell got from a canvasser of the Tory party a half sovereign in consideration of his vote . But the general way of treating was the hiring en masse of the very corruptible freemen at 5 * . per day , and plying them with meat and drink on going to the poll and on their return . The Peterborough committee has only elicited tho fact that Mr . Whalley , the radical opponent of Mi-. Corncwall Lewis , extensively " treated" * the electors . One of the witnesses deposed to a strange custom . Each " scot and lot" voter of the borough received yearly 10 . ? . from the Milton family . This is an old custom , is called " the two crowns , " and its origin is unknown . Two Irish elections—those for Sligo borough and Clare County—have been investigated ; and in both intimidation by Roman Catholic priests has boon proved beyond dispute . In Sligo the express denunciations from the altar have been sworn to , Mr . Soiners , the former member and rejected candidate , testifying , as an ear-witness , to the altar abuse poured upon him . Cases of mob violences have also been established . I 5 u (; the ; Clare facts arc more . startling , although they aro familiar to us in connexion with the Six-Mile-I > ridgo affair . Electors who would have voted for Vundeleur were brutally beaten by mobs , openly incited by priests , and thus deterred , actually debarred , from polling ; and the connexion between Mr . Muc . nanmra ( one of tho Kittiii"" members ) and some most ; iiifhimniatory placards has been traced . The evidence regarding the frustrated electors may have especial weight in this case , us Colonel Vandehmr was defeated by a majority of two ' oiily . During tho proceedings of the committee on Tuesday " Father O'Gnru , " a Clan ; priest , was detected in making threatening . signals and gestures to tho local witnesses , and was consequently ordered to leave the room . On these grounds , and in proved eases of bribery , the election bus boon declared " void , " Mr . Town ley him boon pronounced guilty of bribery " by bis agents , " and the ICoinun Catholic priests aro censured for eonduct " inconsistent with their duty as ministers of religion . " Tho Hull Bribery Commission proceeds ; but tup
facts elicited are not new . They exhibit throughout the matter-of-course manner in which bribery was practised and regarded in the borough . One witness , Thomas Wilde , seemed to think there are improvements of late . The voters used to sell their votes for thirty shillings . " But there was a great deal of difference between this election and elections before . We must admit that although the burgesses arc said to be corrupt , still the growing
intelligence of the people must progress in a certain ratio—( laughter)—and they would become a better class of people than they used to be . And in my opinion , in consideration of that measure which the late Sir Robert Peel brought forward to cheapen the price of the provisions of the people , the burgesses would see the difference between the price of the dear loaf and the 30 s . ( Loud laughter . )" This witness was an agent in the bribery practised by the Liberal party . He was very frank on the point : —
" Well , so far as I am concerned I wish to give you all the information I have , and make a clean breast of it . In that door there was a nick made , which may be seen to this day ; and , if I am rightly informed , Mr . William Farthing and Mr . Richard Cuttlcy after the election , when the pay day came , sat in the room at the bottom of tho passage with the nick in the door , and Mrs . Hopper sat in an adjoining room with a screen to shield her ; and when the voters came up to be paid those who wore to have 1 ? . or 21 . a-piccc , rapped at the door thus ( knocking on the table ) one ! two . ( Loud laughter . ) " The Commissioner : Then two raps meant 21 ., and ono rap 1 L ?—Witness : Yes . ( Laughter . ) " The Commissioner : And three raps meant 31 . ?—Witness : Yes .
" The Commissioner : What is the greatest number of raps you heard ?¦— -Witness —( laughing ) : Three . When they knocked Mrs . Hopper put the sovereigns through the nick in the door . The men -went through the passage into a little back yard , got tho money from Mrs . Hopper through the door , and then were let out another way . " A committee has been investigating the circumstances of the petition presented against the late members for
Berwick-on-Tweed . Messrs . Stapleton and Forster won the election . Mr . Hodgson , the unsuccessful candidate , presented a petition against their return . He subsequently made an overture to Mr . Forster , to withdraw the petition . " The consideration he demanded , " says Mr . Forster , " was 2000 ? . in money ; and in a subsequent interview with my son , be asked to have 1000 Z . guaranteed , either by a bond or a bet . " Mr . Hodgson states the matter with a slight variation . He had a
good cause , but he did not like to pi-ess the petition , as it might cause the ilisfvanchisemcnt of the borough . He offered to withdraw the petition on payment of its expenses , and a guarantee ( secured under penalty of 1000 Z . ) that Mr . Forster should facilitate his return for the seat vacated by Mr . Stapleton , against whom the petition should bo pressed . Mr . Forster listened to the proposition , but finally rejected it with iudignation , and sent tho particulars to the Times . The celebrated Mr . Coppoek was examined respecting the negotiations . It appears that , without authority from Mr . Forster , Mr . Taylor made himself very
busy in the matter , and was useful as a " go-between . " Mr . Coppoek was Mr . Forsfccr ' s agent , but managed tilings very much at his own discretion . He had "jocular" conversations in Parliament-street with the opposing agents , asking to have his client " let oil )" received anonymous notes , intelligible only to him , and in committee rooms and robing rooms met " honourable" agents , with whom he became " sufliciently intimate to shake hands . " It was finally " understood " between Mr . Coppoek and Mr . Taylor -and Mr . Hodgson Hindu that there ought lo be a compromise , but some " higgling" ensued as to the " costs . " At this
point , Mr . Stupleton , one of the members petitioned against , resigned , und Mr . Hodgson , " understanding " that a compromise had been concluded , by which tho costs would be paid , and Mr . Hodgson secured in tho vacant seat , withdrew tho petition . All these negotiations were carried on without , authority from Mr . Forster . So , when that , gentleman found himself involved in the affair , and afterwards unsealed by tho committee , he was indignant , at Mr . Coppoek \ s unauthorized negotiations ; and Mr . Coppock himself' declined to consider that the costs should be ]>; ii < l to Mr . Hodgson , as JVir . Korster had been unseated . Tho former Berwick committee scenled a compromise in tho sudden withdrawal of the petition , and inquired into it .
Mr . CoppuMc wns examined before them , and on being asked , " Was he nwiirn of any comproini . se V iin-Nwered , " 1 have not had the slightest communication with Messrs . Lyons , liaines , or Mil is , on the ( subject ; tho announcement of ( ho withdrawal has taken me by surprise . " This answer Mr . Coppock ( on examination before the present committee on Thursday ) pronounced " perfectly true . " If the committee had ^ iSkt'd' him , had he compromised the petition , ho wonld huvo told them' ho had ; but his answer was not untrue . If the coniniitteo drew erroneous conclusions , tlmt wiitf * their affair ; ho should do lux duty to bin clk-ftt . ' l ^ M / i ' idfr , way thero was a couipromiHo , hlth ? o £ gj £ * ij % A ^ ' && ) ' ¦ ¦ ¦ ¦ ' ¦ ¦ . . t ^ V . .. "' < , v > I "
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Ju * e 4 , 1853 . ] THE LEADER . 535
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Leader (1850-1860), June 4, 1853, page 535, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1989/page/7/
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