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N ' Whkins iprd remembered that ir^iOsso...
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BBITISH COLLEGE 03?" HEALTH, New Roao, L...
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. PIRATES JHNET.—a parliamentary paper j...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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N ' Whkins Iprd Remembered That Ir^Iosso...
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i . ^^^^^ p R ^ . s ^^ ssAyf . ¦ ft j . f THE IOBD CETEP BARON . (^ „^ ^ BA 80 » ttenprcH 5 eode 4 to 8 um up l ^ f ^ fc iTan action brought -by the plain-B 8 ^ "tfGounor , against tfce defendant , Mr S *?« The hitter impute * to the pkm-TJtf ****'! ,.. is a political impostor , and he tiff Hhat hnputotion with a reference to fined rfXnnPstv . " upon which there will be S % i 5 ? £ * £ *¦» » . * *¦**¦» j rooait for yw nppose the imputation couched toSt ^ S The defendant pleaded first £ ; rtat worn } £ ? - , „ he pnts jn Beveral ^ % ^ tan ^ wh ^ othtf ^ 'ifcalled ) the libel , lloc & ed with con-S * <* ! lreand attention to a point to which I d derabte «** "T-a k t the marked manner in which S "" * ttraoteu m * " = j—j *¦ . ^^^^^^^^^^^^^ . . . - - ' . ' -, '; -- *
* . ^ . r- «» ... « . u « - ^ sirst ^"" sef for the defendant putitiorrte l earn , r ? w the imputation of dishonesty is 2 * ^ fSed Slinuted in the plea ' to ^ st carefl ^ ys" to a certain Lani Scheme , nro ^^ -Sw no other . The plaintiff replies , Wfc ^? rtS „ th 3 d no right to publish v ^ hat he ftV ^ SdW ^ all the issues before bas pubh 2 ' 1 wai have to consider the extent jff l'lSffS * Itbmkthatisoneofthe if the ^ P , „ , innniry . and the one to which your dements of J ° fi \ ^ greeted . Then there are ^ cat ion mw * . fo WDich the case is to be conrtree po ^* 3 01 - * tfe a malignant libel , proceeding gdered ^ ^" ,. ^ je hi fact , and malicious in in--m bad aw" ™* the p laintiff is no doubt entitled ment ion ^ " dama ges . There is another point U recover heavy » ^ de out , assuming that rfview- . thc ^ not » o l * 5 <» d * at to which the 1 . imputation p ™' > Tfso . the defendant is
enjefendant h « P ha ^ ng pr 0 Ted his justification . titled * ° " is ' as extreme a view as the other , fli at , however , - ^^ intenaediate view ; viz ., Jjnt t here is *» 0 > CmaoT was actuated by no feelssoffl ™? T / Tf mtriotism--supposing that he had no 5 « wtK 2 Li but to assist the poor-andyet jesire or mteuv heme ^ a managed its derails i 8 » fl Srise { alftougb , mfact , he might be , s & irly to S" * A comments that have been ^ ^ ESfSas » jusffit to a certain extent the ^? JS £ 5 * of the imputation , the plaintiff S ^ ta SSi *«» Terdi & Y *** ' cirCUm ' joald » e w » m _ . reduce the damages accord-^ SSnSSrf the extentV the imjjfll | tne Tie ^ . ^ fl | at - fc Bnot a p 0 llUcal uq . Fff the plaintiff is infilled to your verdict ; gSSa think that the scheme was of such a chafcSat ^ v reasonable person looking at the ^ tf hi which it was conducted , might come to ^ rltyS p S ^ if you think that it as that lair
^ so conducted any person , conver-£ ft with public matters as placed before the ppb-^ l - ™« . aiKt would consider it to be anun-^ S ^^^ w ^ -p" ** £ m have no right to impute against an individual Sutrthat you cannot make out to be true > -that jiToersoiis must take the consequence of their ^ T acta , and that a fair criticism of the acts of Wr O'Conner , as the propounder of the scheme—( 5 pairf , I cannot call i * *«*»«« ; has been a f ^ uany-fairly raises so much doubt and suspi-Wm isto mahe it subject to editorial or other corn-Sent that will reduce the damages from the largest amount given to a person malignantly defamed , jjLa to the smallest sum which is given to a man tfiio however much he may have been mistaken , or
• however pure his motives , can only be represented Irihose who look at his scheme and its developjjjgfeasan impostor . I do not think that I can t ar it down that if any person , looking at what has . orairred , might reasonably conclude the scheme wsan imposition , he has a right to publish his mason ; but I am rather inclined to think that if ToTnublish of any person , or of any part of his condncifan imputation , It must be made out in fact . If ran think the defendant has failed in point of fat . bat that he has made out to your entire satisfcction that the imputation , although not true is Bafeedv reasonable , the question of damages is also vSucei from the largest amount given to a paintiff
vrtio is mafi'mantiy Iioelled , to tne smallest sum civen to a man who has so conducted himself as fsiriviosive rise to accusations and who has no rkhttoeruiKa complaint into a Court of Justice Tslich is die result of his own mal- * dministration The whole question , however , is entirely for you to decide—mv duty is only to present to you afair view of all the paints at issue . I am happily relieved iron an expression of an opinion of any kind except upon matters of law ; but nevertheless , I should ill < Hsehar * e mv public duty if I shrank from expressjjcrmy ' opuuon wherever it might assist in aiding yea to f orm a correct opinion . Imeaninrespeetio isestionsoflawupon which lam more peculiarly
capable from my situation , of giving a true interpretation , if it occurs to me to be my duty to express as opifiion , ! shall fearlessly do so ; leaving-, however , every part of the question entirely to be deeded by yourselves . An action for lible is a case is wtica the law is not of such importance as it is is anv other question that can arise in a court of putice . If a man be chargedwith acrime , the jury " ins to determine whether his motives render the act -r iming ! or not . The rights of property in civil esses cannot be determined by the motive . To do fiat would be to unsettle everything and to shake iie & irodations of society if in civil questions we did at alravs , sitting here to admister justice , draw
on inferences from the conduct before us . If a man m suilly of that which appears to be folly , we are bound io impute folly to him . If a man does that ¦ jtiieh imports any particular motive , we are not only justified , but bound to impute to him that motive io which his conduct seems to give rise . 2 nt in a case of libel it is for the defendant to make 03 t , to the reasonable satisfaction ef the jury , the greands on which he says he is entitled to publish the matter in question , and it is for you to say in this case ifthe p ' eas of the defendant are made out , and if not , what are the damages to which the plaintiff is entitled . The libel yon have heard read repeatedly . TufinUuntiffis editor of a newspaper of very exten
Hve circulation . The defendant is the editor ofthe Zoitinglam Journal , and although it is not without example , and on other occasions actions have been brought by the editor of one newspaper against the eater of another in respect of a libel , it is certainly xot of frequent occurrence . And observing as I do taai the defendant is spoken of in terms of disicrat ; emeniby the plaintiff in his paper , one might iave supposed these editors would have settled their own differences rather than bring us here three days to determine them , whether they be political or personal . If tbey were political , their best way would Isre been for the complainant to have published Rme more of that disparaging matter of which he
iad published some , and the dispute wou'd have feea settled much readier at least than by an action fa-libel . If you think it is nothing but a political imputation , you will also think it might have been TOll left to public discussion . "Whether it contains say personal imputation beyond that which is political , it Mor yon to determine ; but even then it would hive been better for these parties to have settled the Eatter in their newspapers , and the plaintiff having explained the matter to the satisfaction of his * saders , the question would have been settled . The libel relates to the formation ofthe Land Company , and 1 must read , once , and for all I hope , what the hlelis .
The subscribers to the ' Xational land Company * and fe admirers of Feargus O'Connor , Esq ., JLP . for Xottingiaa , Who has tvLsedled the people of England out of -IJO . OOO , with which he has bought estates and conveyed wan to his cwn use and benefit , and all who are desirous WTnhiess the final overthrow of this great political impstw , should order the MUingham Journal , in which his gttsavehmiesfr . in connexion with the land Flan , has «*» , and will continue to he , fearlessly exposed . Tlie ^ Mftogiaiaj- seniafisthe largest newspaper allowed by fcSi f K **" 1 > est Teh 5 de m tnis country and neighoourwodwr advertisements , business information , and general J-cs . Delivered ererywhere every Friday morning , price ^ 4 ; per annum , ISs . ia advance ; credit , 20 s . iiat this is a libel-that it is disparaging matter—„ M 47 U yuan xy aa UiOJfeUrtgUIg lUilitUI — i must
say I haTe no doubt , and the law says tbat joa have no right , except on lawful grounds to pub-» r , SP ^ S ma tter of anybody . It has not been "f » » ior public men moving in public spheres , such ^ ii ™ , ers of parliament , who can set themselves »^ L' Ietting up in their place In the house , and P *™? a statement which appears the next morno in the papers—it has not been usual for such men « "" I actions except for some atrocious impnta-™ a . which requires a man to come forward , to put *« setf on oath to declare his innocence , and then "fa criminal Mormation challenge the op-P & party to prove their allegations , and rf . proceeds to clear himself from the impub
« "u uy ms answer , and in that way . It 435 been the custom in late times to make J appeal to a jury for damages by way ofrepara-Jj * . The general course Is , as I said , for a mem-Jj ^ t f parliament to set himself right by a state-?* ¦& which , appears in the public papers , and every-Jyjjyis satisfied . On the present occasion , Mr . 2 ; A ^ n or has been advised to bring the matter of T be complains before you , that yon may form wte «? * » whether he is entitled to a verdict , or 3 tidif ^ Plea of justification has been proved , sJr . rlPk to what damages he is entitled . It apfijchwi-n for fte P " ^ 7 ^ P ? caUed la rdDornian who bought the paoer , and another is
^ T * ° prove thatthe defendant the proprietor . coiS ? case was established at once . The learned * 0 ' ri ?' tbe plaintiff saidfairlyenoughthat he did nftwT ? * ° &> into this matter at first . He chose biscaJll ^ e tbelast word , and , therefore , he kept a 3 d tf k Bntil the other Bide h & i ProTed tbeirs , ^ sina ^ entit ] ed t 0 the reply . Brother ti ^ s rather disparaged nisi prius tactics ; but * as P ^ -S ! ° ! i ** *** ««» pnu * of which he C ?™ ed fully to avail himself . At the same « Udem «? fcafyopento the remark , which was \ n & ™ : ? s ° ttittade , that if they were anxious •» * » ^ taHwasngbt , why didtheynotdo so Bpo ^ A do not however think that much turns
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Sergeant Whkins ; My iprd . I remembered that you had once said the accused party ought always to have the last word .. . The Lobd Chthp Babos : I think Brother Wilkins yon had a perfect right to do that ; but I think you should not disparage those nisi prius tactics , of which you are yourself ready to take kdvantage . The defendant then is driven to make out his case mjustification ofthe libel . The first witness they called was from the stamp office , to prove ' the propnetorahip of the Northern Star . That wasat once admitted , and then they called witnesses to produce the copies of the Star from the stamp office for tho last two years , and for an earlier period from the British Museum . Then various newspapers wero read , to the date of some of which I shall have to *¦ , » '*¦* ' • - If— ]/ 1 « j ] ~ T MniM *> -t . l _< J A % m'
call your attention . Then George Taylor from the stamp office showed what registration of the Land Company had taken place , and I think it necessary to call your attention to this evidence , especially with reference to the dates of registration , and to what was registered and what was not registered . ^ As for instance , the act especially requires that any change of officers shall be registered . That is positively required , and yet in 1847 , it being then under provisional registration , a change took place in the treasurership ( Mr . O'Connor being substituted for Mr . Roberts ) , arid yet from that time to the present the change has not been published in the rules , nor was it registered . They then called a number of allottees -who told you their grievances . They then
called Mr . Eevans to express an opinion as to spade husbandry , which is not necessary for me to go into . Intermediately they had called a solicitor from Gloucester who acted forDewhirst , and proved certain communications with O'Connor . They then proved that there never had been a return made of the Land and Labour Bank , and they then called a clerk in the-London Joint Stock Bank , who was ignorant of country accounts , and that Mr . Roberts had an account . He however disclosed the fact that Mr . O'Connor had the largest account in his own name personally , and that there was a B . A . account of which Mr . M'Gowan afterwards appeared to be ignorant . They then called James Knig ht , who mentioned a fact of which there has certainly been
no explanation , namely , that he had been invited to become manager—whether he spoke the truth or not is for you to judge—that he never did accept the ofiice , that the moment he went there and found out the character of the place , he instantly said he would have nothing to do with it ; and yet James Knight is mentioned publicly by Mr . O ' Connor as being at the bank superintending the bank . The . object of calling Knight was to prove that circumstance . Charles Ansell , was then called , most unnecessaril y I think , to inform you , gentlemen , of tbat which yon must be perfectly competent to
decide for yourselves—that the scheme of locating the whole of the persons who became subscribers was impossible with the amount of their subscriptions —that they never could be located in such a number or in anything like it under a course of years which would probably run beyond the lives of the greater part of them . And so far there is no doubt there was some mistake in the scheme , if it were held out that all would sooner or later be partakers of its alleged benefits . That is the whole case on the part ofthe defendant . A Jdbvman : Mr . O'Connor said I think , that they should all be located in less than six years .
Sergeant Wilkiss : That was in an election speech at Nottingham . The Lord Chief Bakos : Brother Wilkins , I wish you would not interfere . ' It has been well said that tbe judge should not interfere withthe counsel so as to pre-occupy their remarks , and the counsel I think should not interfere with the judge and preoccupy his remarks . I was about to state that it was an election speech , and certainly I do not require prompting . Gentlemen of the jury , —I do not think you ought to attach to election speeches the same degree of importance which you might attach to a quiet , calm announcement , made irrespective of a general election . I think that is fair . But certainly there are other instances , net on the
occasion ofthe election , in which he at least hinted that all would be located within a very short time . He slso said that if he were elected the location would be effected in a short time ; but if he were hot elected it would be effected in longer time , the latter being certainly a short term for the purpose . But the question really is not to be determined by small criticisms like that upon expressions occurring here and there . If you believe Enight , he refused to be clerk ; but somebody put forth that he was the clerk . STow that might simply be a misunderstanding , and you ate to judge rather from the whole effect the whole matter produces on your minds , and endeavour , rather than dwelling upon single and isolated circumstances , to form a general
and comprehensive judgment . "We then had the witnesses iu reply . Philip M'Grath , the director and secretary ; D . M'Gowan , the printer of the Nortliern Star , who expressly disavowed any connexion with the society whatever ; Thomas Price , the manager of the bank ; Chinery , the managing clerk of Mr . Roberts ( to whose evidence I shall have to call yonr attention ;) "W . H . Grey and John Finlayson , two persons who stated that they were sent by the Chairman of a Committee of the House of Commons to make some investigation of some accounts with reference to some inquiry then going on in the House of Commons . Those proceedings and the report of that Committee have not been given in evidence , but the fact of there being such a report
has been presented to your attention—paraded I was about to say before you , but I abstain from using an expression which may indicate an opinion beyond the plain statement of the facts . But there has been mentioned a Committee of the House of Commons and its report , and I am somewhat actuated by a spirit which induces me to vindicate the proceedings of the court of justice . As a lawyer I have expressed my opinion on the privileges of the House of Commons in the house and out of it ( and I hold the privileges of that house in as high estimation as any man ever has done , ) as to their legitimate extent , and I give my advice as to how they ought to be treated ; and as a judge I have never seen reason to alter those opinions thenf ; and
there expressed . But I should be very sorry to see the day when any Committee ofthe House of Commons or any report of such a Committee is to be held up as the model on which to form our proceedings , or as any authority on which you are to found your verdict . Committees ofthe House of Commons are appointed for specific purposes ; they examine no one on oath ~ a thing which I still regard as a matter of importance , and which creates a wide distinction between them and our judicial proceedings . I know not how they are constituted—I know not the object for which they are appointed—neither do I know , nor does any one know , the result of their report on the members of the House of Commons . - What if you were to ask the six hundred individuals , which brother Wilkins calls a collection
of gentlemen , separately , how they view the result ? some would probably say " it is in a blue book , and I never meddle with blue books at all" ( a laugh ); but whatever those might say who did read it , I must , in vindication ofthe proceedings of our courts of justice , exclude their testimony—I must , in vindication of your independence , of your correct and upright discharge of duty , exclude all such reports —and beg you earnestly to think nothing of it , to pay no attention to the suggestion made in reference to it , to forget it . I hope yon have not read it , but if you have dismiss it as far as possible from your consideration . It is not evidence , and you must form your opinion from the evidence before you . Sergeant "Wilktss here offered some remark .
The Lord Chief Binds . —I have not for forty years practised in these courts—I have not for nearly half a century attended these courts without knowing this perfectly well . The learned counsel is quite right in warning you against prejudice . It is to be lamented that so many cases are decided on prejudice rather than from the facts . And if you watch the speeches of counsel you will be surprised to find how little is addressed to the merits ofthe case , and how much to the prejudices which surround it—you will be surprised to find the larger part given to the accessories ofthe case rather than to its real subject . Brother "Wilkins said that this was not given in evidence on the other side ; but I should have resisted it on any side . I could not
allow to be given in evidence that which is not evidence . I sit here to protect that which belongs to you , as well as to see justice done between the parties . We cannot receive that as evidence which would raise issues not on the record , and which is not evidence allowed by the law . I cannot allow parties to make that evidence lawful which is unlawful even by consent . Icannot allow therules of law to be altered by tbe caprice of counsel , nor , if they are taunted into cowardice of giving up that which is a solid and legal objection , can 1 permit it to be abandoned . That report I therefore beg yon will dismiss from your memories . Messrs : ' Grey and Finlavson then were to prove their statements , and what were the results of their inquiries as far as they recollected . They proved that they wero occupied nine days in London and four in the country . They then said that all the documents they ' required to thembut
were produced ; on cross-examination they admitted tbat no ori ginal documents were forthcoming . They came to some conclusion on some documents , which conclusion I could not allow to be given here . It was just as absurd in an action between John Noaks and Tom Stiles for a debt , to call an accountant to say that he had looked over tbe defandant ' s books to show that the defendant was not indebted to the plaintiff , as to call those two accountants to give the evidence that it was proposed they should give . You , as men of business and knowing something of the world , are surely not to be imposed upoa by such evidence . Where is the opposite side at such an examination ? Where is the man to cross-examine the witnesses ? Where is the man who could test the documents ? "Where is the man -who would represent Mr . Bradshaw ? To admit such evidence would be a gross departure from the first principles of Justice , How ths prioa of the estates lias been
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shown to be £ 58 , 000 , and 'the learned' Counsel has stated the cost of the houses to' be ' - ' £ 68 , 060 . ' If , instead of bringing these two accountants , they had sent down some surveyor to examine the houses ; and who would take upon himself to say that having so examined them—I do not say every one , but one in twenty or thirfcy--they must have cost about so much , that would have been far more satisfactory . Sergeant WrtKiNS . —One of their own witnesses , rny Lord , said they cost £ 100 each . The Lord Chief Baron . —I am aware what he said ; but it would have been much better to have had the opinion of a surveyor as to the outlay , after an examination , instead of what a person who is not a surveyor says from merely looking at the outineiearneu uounsei tne ' *• ,,.- _— . " -. * - « . < --.-.-- '_ . _ .. . ..
side , " says roads and cropping cost £ 4 , 700 ; some proof on that point would also have been satisfactory . The learned Counsel says he accounts for £ 92 , 660 in this way , and says that . clearing the soil , making the roads , paying the delegates , ' printing , ! and other expenses , would more than fill up the remainder . I own it would have been satisfactory to me if we had somebody who could have said " I have been on the estates , and on such a lot there was so and so , and looking at what would have been necessary , the cost of these things must have been about so and so . " The evidence of one or two witnesses of that description would have been of far greater weight than ' the testimony of two persons sent by the House of Commons , or continual allusions to the report unon their evidence .
Sergeant Wilkins . —I conducted my case with reference to the allegations on the other side . The Loud Chief Baron . —I am commenting on that which ' occurred in the course of the evidence ; and , unless to correct a mistake , I must beg , brother Wilkins , you will not again interrupt me . Sergeant Wilkins : —A mistake in inference is often more fatal than a mistaken fact . The Lord Chief Baron . —I cannot allow you to sit in judgment upon what I say , and proclaim the results of your judgment to the jury . I sit here only for the administration of iustico . This , gentlemen of the jury , is a ' general outline ofthe evidence ! it is now my duty to present to you some part ofthe history of the : Company . After the
passing of an Act which received the Royal Assent on the 5 th of August , 1814 , and took effect on the lstof November following ( Ibelieve it was in April , 1815 , ) this Society began . I mention that , because the time ofthe commencement of the Society was after the passing of this act ! There is no doubt of the fact that it was formed in April , * 1815 , because that fact is sworn to , although there may be sonic doubt as to the real date . That act was . passed for objects which every well-wisher of his country must see were of the utmost importance . It was to prevent the formation of schemes which were in their nature delusive , although they might be sincere , which were calculated to mislead , however honest might be the intention of the persons who had
started them . At that time the increasing prosperity ofthe country and the accumulation of capital had g iven rise to a great variety of schemes which had turned out delusive and erroneous , and this act was introduced and passed in 1844 to cheek those speculations , tho scheme propounded by Mr . O'Connor being commenced in April , 1845 . There was a meeting which is called a Conference . Ifc is of very slight importance what they chose to call it .. If it had been called a convention—although that is a term not generally popular , it would have been of no signification whatever . 1 At this meeting there were , at any rate , a number of persons who professed to represent several districts , and they agreed to form a society .
The result of that was , tke book of rules which I have now before me , No . 1 . It was then ' called the " Chartist Co-operative Land Society . " I must request you to pay attention to what I am about to say . * Every person is expected to know the law , as every one is bound to obey it . No doubt that is difficult from tho multiplicity of statutes which are enacted in . modern times , and even the judges require the aid of a book like this ( laying his hand upon a volume ) , containing statutes which are only one or two years old . It does not follow , therefore , that although certain parts of these rules are illegal , Mr . O'Connor was aware of it . The objects of the Society are here stated : it was to consist of an unlimited number of members—shares ,
£ 210 s . each , paid by instalments . Then the objects are stated—the means by which they are to be carried out—the conditions of membership—the mode of government—the choice of officers—their duties —the investment of the funds—the selection of occupants—and the disposal of shares . It states , that members wishing to dispose of their shares shall give notice , & c The Act of Parliament in question is especially levied against societies that admit of a transfer of shares without the consent of the whole of the members , its object being to prevent bubble schemes . There is no doubt , therefore , that Mr . O'Connor ' s scheme was within this Act © f Parliament . It commenced after the passing of the Act , and clearly falls within its meaning . I do
not , however , find anything in this book of rules about dividing the land by allotment . Tke Act provides , that before the promoters stir a step , they shall register who they are , what their object is , who are their officers , and where they do their business . "Until they do that , whatever elso they do is utterly illegal . I believe , however , that the registration of this society was perfectly illegal George Taylor says , the provisional registration was first effected on the 24 th of October , 1846 . They should have been registered before that . The society was formed in April , 1845 , and it was not registered until October , 1846 . This is an important matter . It is stated in the provisional registration , that the capital is to be £ 130 , 000 shares ,
in 100 , 000 shares of £ 1 Cs . each . In order particularly to guard against all suspicion—against not merely mischief , but the danger of it—the Act has this provision , " Thaton the provisional registration of any company , it shall be lawful to do certain acts for twelve months only , unless that registration be renewed . " The original registration took place in October , 1846 , it was renewed in 1847 , and it expired in 1848 . One ofthe provisions ( the 23 rd section ) is this : they are allowed to allot shares , and to receive deposits by way of earnest thereon , at a rate not exceeding 10 s . for every £ 100 on the amount of their capital . They could , then , only receive , at this rate , oh £ 130 , 000 , £ 650 ; and they had no right , in point of law , to receive one
penny beyond ; and every farthing they did receive beyond £ 650 , was received in violation of this Act of Parliament , which , it is stated in the preamble , is to guard against not only mischief , but tho danger or suspicion of mischief . But what have they done ? They have received no less than £ 112 , 000 . It is quite possible that Mr . O'Connor might be ignorant ofthe application of this statute to his Company , and' that he may have been actuated by perfectly honest intentions ; but sueh is the fact . It is also in evidence that they received money after the question was raised of their legality ; and every lawyer , even Mr . Chinery himself , would have said , " You cannot now receive any money at all ; you may be right finally ; yeu may be entitled
to registration ; but , till you get it , you have no rightto receive money—and if you do receive it , it is in defiance ofthe law . " The registration having taken place , the society goes on , and O'Connor , Doyle , and Clark , arc then the directors , and Knig ht and Cuffey auditors . I do not know that anything turns on the station in life of the officers . I entirely agree with what the learned counsel said about' the individuals who assembled at these meetings . No doubt there were many men of intelligence and education amongst them . I havo myself heard abundance of eloquence in times past from persons of this class . There are , no doubt , amongst them , men of powerful minds , well armed with instruction sufficient to enable them to
discharge what they ; conceived to be their duty to society . The treasurer is here represented to be Roberts , the secretaries Wheeler and M'Grath , and the concern went en in this way . In the third book they do not register Mr . O'Connor as treasurer in the place of Mr . Roberts ; and that , lam bound to say is a violation of the law . On the 12 th October , 1847 , there was a return of the withdrawal of Wheeler , and the substitution of Dixon in the directory ; and then there was an application for a renewal of the registration , which Lasted till October , 1848 . There was an application in 1848 ; but it appears to have been refused , on the ground that the concern was in itself illegal . You are to judge of the facts . I can
only state the law . JJow iar tne parties nere were cognisant of it , and wilfull y disregarded it , it is for you to judge . How far this neglect may reasonably justify the libel , it is-for you to determine ; and it ia for you also to consider how far it will justify you in reducing the damages to a nominal amount . I nibst unquestionably and fearlessly lay it down as the law that it could not be a bank without its being registered as ^ a bank ; and that it could not be legally registered , because it provides lor the purchase of land , and the division of that land amongst the subscribers by a lottery . If it becomes a question as to this being a legal society , I at once pro-I nounce , that , in my opinion as a Judge , it is not a 1 legal society , and the attempt to collect large sums of money , and lay them out in lands , to be divided
by a lottery , is perfectly unjustifiable . So far back as the reign ef William and Mary , all lotteries , or anything having the shape of a lottery , is declared by Act of Parliament to be a public nuisance ; but although , during the period of a great national depression , public lotteries were allowed , the good sense ofthe country soon put down that nuisancethat public disgrace ; but they were then only allowed to exist under special Acts of Parliament ; and without such Acts they did not exist at all . This is a matter of serious consideration . Mr . O Connor might have been perfectly uninformed either ofthe law or of its consequences , but it leads to this result : every man , poor or rich , talented or otherwise , educated or ignorant , who subscribed his money for the purposes of tSis society , was be-, trayeol into that which had been held for 100 years
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td . be a public nuisance ; and it'is ' ndt only a niattei of . considerable doubt Whether ariy redress of any sort could have been obtained fh a Court of Law or Equity , but I believe that in iio Court would the ? have been able to call Mr . O'Connor to account if he had appropriated the fund ' s to his own private purposes . It may be said he has hoi the remotest idea-and , asfar ; as I know , he may be ' quite incapable-pfdoing anything of the kind ; but that is for you to say Brother Wilkins alleges that in caso anything should happen . to Mr . O'Connor , he has left it to trustees ; but supposing I have the greatest confidence in my own honour and integrity , Eow can I pledee myself fortlie honour and intc ' :.. ' ;' . " " ' * -- -. *
. - grity of thosewhocomo after me . It is said that the Star hasi contained announcements to the public , that Mi-, p Connor holds these estates in trust , but Mr . O Connor ' s heir-at-law might not be content with that , and say , «« You are parties to an illegal transaction , and can have no claim upon me . A ? d he would havo the law on his side , for the question has been decided over and over again , both m Courts oflaw and of equity . ° Mr . Sergeant Wilkins , who repeatedly manifested his dissatisfaction with the learned' Judge ' s charge by tho uneasiness of his manner and his anxiety to interrupt , here observed that the only question at issue was the bona fides of Mr . O'Connor
. The Chief Baron begged of his brother Wilkins to repress his disposition to make a commentary on the charge . It was not seemly that there should be a contention between the Bench and the Bar . No doubt it was a question of bond fides as regarded Mr . O ' Connor , but it was equally a question of ftonct fides as regarded Mr . Bradshaw . Mr . Sergeant Wilkins turned round ' to hia junior , and requested him to make a note . Mr . Keating remonstrated with the learned Sergeant .
Mr . Sergeant Wilkins declared that he was doing nothing wrong , and would not be dictated to by Mr . Keating . Mr ' . KBAiiNe ( warml yJ .-Then'I will appeal to the Bench . -My Lord , I must protest against the learned Sergeant making observations , during your Lordship's charge , which are audible throughout the coiirtj and which " cannot but reach the ears of the jury . The learned Sergeant ought to ' . leavn to conduct himself with respect , and to . maintain silence as wo do . Mr . Sergeant Wilkins ( with vehemence ) . —Iknow my duty to myself and my client , and I will ! not be deterred from discharging it by-you or any one else . I do hot require to be schooled in my duty by you ; Mr . Keating , nor will I permit it , Your emotion is'like a storm in a teapot .
Ihe Chief Baron remonstrated in a severe tone , and begged that the learned Sorgeaqt would not again interrupt the Court . Mr . Sergeant Wilkins . —My Lord , I cannot sit by and keep my mouth closed in a case of this kind . . I merely turned round to request my junior to take a note of an observation made by your Lordship . The Lonn Chief Baron . —Yes ; but it was in such a tone of voice as to import an appeal to the jury . Sergeant Wilkins . —I had no such intention , my Lord . The Lord Chief Baron . —A person may have good intentions , but he has a right to conduct himself in such a way that his conduct , cannot be mistaken by others , and that is the question we have to decide here . In your judgment did Mr . O'Connor
act with oonajlcta through the whole of his transactions ? And even if that wero so , did Mr . Bradshaw act with bona fides' in calling him a political impostor ? Brother Wilkins told you , you were to decide this case without prejudice ,. and without fear ; and ho told you that ( wliich ho had much better not have said ) that many , persons were looking to the result of this inquiry . I think that observation would better have been spared . It is very true that he might hot , as he said he did hot , mean this by way of a threat , but it had very much the aspect of it . And after the expression of feeling which was manifested in this Court , and which I was obliged to repress , he ought to have been particularly careful not to address you in any language which could he construed into
intimidation , iso doubt you are to decide without prejudice against either the one party or the other , and whatever you think of the case , you are to pronounce that decision with fearless courage . The learned Counsel made some observations upon the press ; but it must not be forgotten that both parties wielded that formidable instrument—the one being proprietor ofthe Northern Star , and the other ofthe Nottingham Journal . Tho whole decision rests upon you , and you must not only endeavour not . to be actuated by prejudices , but not to be acted upon by any fear whatever . Whatever you think , as men , ef that deliver yourselves—and thus do that justice between the parties which belongs to your office . I have a few observations to make upon the rules :
they are brought out by M'Grath , the secretary , and one of the directors of this society . He produced No . 3 as the rules settled at the conference prior to October , 1847 . But there is an important change from the second set of rules . Thoy contain the first statement about the bank , which , it is said , is founded for a two-fold purpose , and that tho dopotors will have the security of tho Company ' s property . At this time an opinion was apparently entertained that the two companies could go on together , and the one being a bank of deposit , and the other a society for the purchase and distribution of land , they ; could each assist the other , and that the connexion would thus lead to prosperous results . Tho bank of deposit was recommended to
the working men , because it gave a higher rate of interest , & c , and a better security than any other bank . It is not necessary to follow this through its whole history . Mr . O'Connor may be a man of sanguine temperament ; he may have contemplated all the benefits to the working classes which the learned Counsel has described ; he may have engaged with ardour in a pursuit so deli ghtful to contemplate—that of benefitting his fellow-men ; and he may have been carried away by the ' earnestness of his desires . These considerations may justify the remark , that . it must not be supposed his accounts were kept with tho regularity of a merchant ' s clerk ; but it is still a question to be decided —in whatever way tho irregularities may have
occurred , however enthusiastic the pursuit of his objects , whatever his oversights or his ignoranceshow far all those things go to justify the assumptions of Mr . Bradshaw . The two institutions were to go on together . The Company sent its money to the bank , and tho money of the depositors was applied to the purposes of the Company , and then they find out that such a Company could not legally have a bank . At that time , andat all times , the bank did not pay its way ; at the best of times it is certain that the loss must have . bech £ 100 per year , and at others near upon £ 1 , 000 . per year . Who was to pay this loss ? While the Land Company was connected with it , of course it would be the sufferer ; and it is difficult to see what benefit ; could possibly
arise to the Company from its connexion with an institution which was going . on fast for bankruptcy . When the separation took place ; who was to go on paying the depositors four per cent , out of his own pocket ? They were told . that Mr . O' Connor did this ; and the" defendant would probably . consider such an unusual generosity a symptom that something was wrong . I have how to call your attention to rule-book No . 4 . M' ( 5 rath ,. who put them in , said they were agreed to at ' the August conference , held in 1847 , at the school room on tho ' estate at Lowbands , while the Company was still provisionally registered . Hia attention having been drawn to the fact that Mr . O'Connor ' s name was not introduced as treasurer , but that Mr . Roberts still appeared in that capacity , he said that it arose
from the necessity that tho rules should correspond with the deed . There was not any necessity for that . It is always best to represent matters as tbey really are . It might have said "treasurer at present , Mr . O'Connor ; treasurer when completely registered , Mr . Roberts . " There is , however , in this set of rules , a very important change in the announcement about the bank ; all that related to tho bank having a two-fold purpose is omitted , and this is what we have substituted in its place . Tho introduction contains the usual statement ofthe objects of the Company , and , a sort of medley of political economy and agriculture , which it is not necessary to read . This is a question of bona fides , always coupling the bona fides of Mr . " . Bradshaw with those of the plaintiff ; and I shall therfore read you a few paragraphs from the introduction : —
The National Land Co mpany has been called into existence to pioneer the way in the glorious work of social emancipation . Its particular object is . the benefit of its members ; its general ohject , to point out the means of rendering permanently prosperous the condition of tho industrious millions . Tho Company aims at the realisation of its purposo by the location of its members upon the land , and by aiding them with fuads for tho cultivation of their farms . I do not profess to see how , if all England were cut up into cottage allotments of two and three
acres , the objects of all society ; viz ., the happiness of man . and the glory of God , would be promoted . There would , at any rate ^; naturally arise a somewhat difficult question—what ' would be the result to those which woiild bo consequent to the command " increase and multiply ? " If the second generation could be provided for , the third would be rather inconvenient . I do not , however , throw the slightest discredit upon the 6 ona fides of this scheme . It may havo been entertained with perfect honesty , but that is a question for you to decide . It then goes
online Board of Directors , iu presenting to tho public tho foUowing prospectus of the objects , principles , means , rules and regulations of the National Land Company , trust that everything therein contained will be . found clear and definite , Their ardent hape is that these rcgulatious will exhibit tho land plan , comprehensive as its bjects are in such simplicity of detail as shall make it thoroughly understood by every capacity . The Board of Directors feel it their duty to the public to state that tho number of shareholders in the Nationalland Company is 'Imited , and , judging from tho celerity with wliich it now advances , much time wUH not elapse before the number is completed . ' It must to remembered , that all this time the Com-
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Pany ^ was going oh collecting , " subscri ptions and e nrolImg shareholders , which it had no ' riKjit tO . do !— ., ; . . ¦ - ¦ ¦ * ' A very natural question sugggests itself to the mind ol every individual about to become a shareholder , in this Company , namely , 'When will it be likely that I shall be in possession of my land , Ac' To such Inquiry , the Directors have to reply , that the , term of locationi will depend entirely upon the facility with which the capital of the Company can be reproduced . ¦ . ' Then conies the scheme for the reproduction of capital , it is as follows : —
Suppose the Company make' a purchase of 300 acres of land , at 401 . per acre ( 12 , O 00 Z . ) , and build 100 cottages at 10 UJ . each ( 10 , 0002 . ) , besides advancing aid money to one hundred allottees at 221 . 10 * . each ( 2 , 250 J . ); the aggregate cost of location , including land , building , and aid money , would amount to 24 , 2501 . . In order to locate a second hundred of the members , the Company purpose to reproduce the sum of 24 , 2500 . by making the land , building , " die , liable to the National land and Labour Bank . . i : ' At this time Mr . O'Connor owned tho bank . It had ceased to have any connexion with the Land Company , and that fact had been announced to all connected with the bank : —
Liable to the National Land and labour Hank , for deposits to that amount ; the depositors in the bank having alcgal claim upon the property of the Company for the amounts advanced by them . In this .-way the Company intend to reproduce the capital spent upon each estate , and ifthe industrious classes ot the United Kingdom give the Company that support which their noble and ph lanthropic object deserve , in a very few years a great and beneficial change will he effected in the condition ofthe toiling milhons of England , through the meritorious efforts ofthe Company . It has been asserted , that tho above classes havo not the means of aiding the hank to the extent requisite to locating the thousands who belwng to the Company , and Mho are yearning to got possession of a little land . ' which they rightly look to as their only hope of comfort or independence . Nothing can be more false , as the statistics ot the ' Savings' Bank' will amply testify . Do not these same classes deposit , annually , in such bank more than twenty millions of pounds sterling .
Certainly , at that time , if Mr . O'Connor was the solo proprietor of tho bank , the depositors had no security on tho land , and it is for you to decide whether the whole was not completely illusory ; and in deciding upon that it must be remembered that in many places the security of the land and buildings is spoken of . It is for you to consider this ; but , I must say that Icannot understand why , when that notice was given to the depositors in the bank , instead of publishing this document , that circular , or rather , the substance of it , was not sent to each shareholder . Wo had , then , at this time Mr . O'Connor the actual treasurer and Mr . Roberts the nominal one . We bad the bank put forward as one of the elements of this scheme , and yet the bank had nofchingto do with it ; and no individual derived
the slightest security from it . Tho bank was Mr . O'Connor ' s own , and ho alone was responsible to the depositors . It has Leon g iven in evidence that before the rules were registered in 1847 , this separation—Sergeant Wilkins . —The date of the circular , my Lord , is 1848 . The Lord Chief Baros . —It is very well to throw in that date , but when you find that change of language , and the omission of "the two-fold purpose , " and , the change in the proprietorship kept in tho back ground ,, it is for you to draw your own conclusions , but it is my duty to call your attention to the circumstance . I have now to call your attention to the pleas put in in justification . First , it says that it is a Company within the Act of Parliament . Ihave quoted , and it appears to me that that statement is made out , supposing tho testimony ofthe witnesses to . bo true . Then it states the scheme as it is propounded in No , 3 , the rules which first contain an account of the banking department :
and after other matters in tho plea "the defendant further says that the introduction to the rules was false , in divers respects . as the plaintiff well knew . " Then it states in what it was false , " and especially it was false inasmuch as the land had not , as alleged in the introduction , fallen a prey to ruthless monopoly" and so on . But these are more political matters , and have nothing to do with the issues . It then says it was also false in this , that at the time of the publication of the said books there was no banking department in the said Company , and certainly there was not ; neither was there a bank , for a bank could not be considered a bank until it was registered , and that was not done or attempted to be doxe , and I would here observe , as a matter of pleading that if the defendant had traversed the Company in the declaration , he would havo compelled the plaintiff to give evidence instead of having to take it upon himself . The plea then alleges that there was no bank . No doubt that is true .
And the defendant further says that at tho time of the publication of the said hooks as aforesaid , the said Company had an otlice of businsss in a certain house , and that in tiie same house the plaintiff had at the time last aforesaid an office for carrying on the business of a bank , called the National Land and Labour Dank , the same then heinc ; not the bank ot the said Company , but tlie bunk of him , the plaintiff , which two offices then immediately adjoined to and communicated with each other , thereby then reasonably creating in persons to whom the truth of the premises was unknown , the belief that money deposited in the said bank was deposited with the said Company ; and that the depositors thereof would thereby certainly have as security for the repayment of such deposits the security of the said Company and of the property thereof j whereas it was at the' time of the publication of the said introduction exceedingly doubtful , as the plaintiff then weU knew , whether suck depositors would or could havo a * security for the repayment of such deposits , tho security of the said Company , or of any part ofthe property thereof .
It appears to me that that is made out in point of fact if we are to believe the evidence . It is quite certain the depositors had no security on the land . It goes on then to state that "by reason of the premises , as aforesaid , the plaintiff was dishonest in connexion with tho said Land Plan . " They do not , you will see , impute personal dishonesty in the way . of actuall y 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 stated tbat ou ; ht to have been stated ,
then the pica is made out . But if you think he meant personal dishonesty , then you must decide whether the plea be made out , but the two . propositions are by no means identical . Then it goes on to say that tho plaintiff , as the promoter of tho Company , received from the subscribers sums of money exceeding 10 s . for every £ 100 . on the amount of every share of the capital of the said Company , contrary to tho provisions of the said act . " This part ofthe plea is certainly made out ; because the Company being commenced after the passing , of the Act , neither the most honest and ; upright man in the kingdom , with tho most patriotic views , nor Mr . O'Connor , although he was actuated withthe purest views that ever filled the bvost of Howard or Cartwright or any philanthropist , certainly has a right
to collect £ 112 , 000 contrary to an Act of Parliament , and keep it in his own hands or lay it out . as ho thought fit ; but over which the subscribers had no direct control . Then he goes on to show " that tho plaintiff" was dishonest in connexion with the Land Plan in falsely suggesting the existence of a banking department of the Company , and by holding out such , expectations , and thereby inducing numbers of poor persons to pay their money , and in not taking reasonable care to ascertain whether there was any reasonable prospact of such expectations boisg fulfilled , < fcc . " That raises the question with respect to tho ' meaning of the word honest . Practically we should ; say that a careless person—careless of his own property , and careless ofthe property of other persons—was dishonest . . If you should
think that it imports personal dishonesty , you must decide whether , in your judgment , Mr . O'Connor's conduct justifies this imputation ; but if you think by dishonesty is meant that he did not make those communications which he ought to have madethat he did not take pains to ascertain matters which he ought to have ascertained with respect to tho plan , you will then have to see whether , in this other sense of the word , the plea is not made out . The defendant then goes on to allege as a motive , tho increase ill the sale of his . newspaper . On this point I fully concur , with the learned counsel , that if any man contemplates any great scheme of philanthropy , ho is not bound to turn away from it because it would increase tho value of some- other undertaking in which he was concerned . If Mr . P .
O'Connor ' s scheme had been started solely for the purpose of the sale of tho newspaper , it would no doubt bo open to what is here insinuated .. I must say , however , that , tho treasurer of a company , into whose liands all tho money passes , professing to account for it only in his newspaper , do » s appear to be open to remark ; and of that you are to judge . Then it alleges that Mr . O'Connor-received these monies , and purchased estates ; and , in substance , thatthe monies and estates .. wore- at his own disposal . It has turned out , from the cvidense , that all the monies of thecompany an , d ; , of the depositors were placed in his own name at different banks . It was suggested that there was a different account kept at some of thorn ; and it appears that the manager of the bank , on his appointment , said > " This will not do ; you ought to have two differeat accounts : " and thereupon tho BJi . account was
kept separate from the private account . So far-Mr . O'Connor followed the suggestions of a prudent man , in separating tho two accounts , which was the more necessary now that the bank was separated from the company . No doubt there was the suggestion of Mr . Roebuck that , whilo all these monies wero in tho name of Mr . O'Connor at a bank , bad he been unfortunately connected with trade , and become insolvent , every shilling would have been divided amongst his creditors . That is the undoubted law of the case . Had he failed , tho accounts could not have been kept separate . It is for you to say whether anybody ought to have put so large a sum in such a position . That is a question for you , as men of business , and men of the world to I decide , and it is not an unreasonable one , tor m ' O'Connori as the proprietor of a newspaper , is a I trader within tbe waning of the Bankruptcy Act .
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There have lately been times of enormous specula tion , and men , and very wise m- toor-learned ia the various chances of life—have been-temptcd to lay . out money , apparently . with , the certainty , of it being returned with profit ,. but who , despite . of every probabilitv , haveibeeri mistaken , disappointed and ruined ; " arid I think lam bound to express an opinion that no man has a rig ht to entertain such a confident opinion of his own honour and integrity , as to peril £ 100 , 000 belonging to others , whether poor or rich , and leave its re-payment to the chance of his remaining solvent or honest . ' There was no JFfit' ? - ' ' li js ' 9 . uite a fallacy to suppose that that money must have been placed in tho name ot a single person . Nothing would have been more easy than to have placed it in the hands of several parties , ( signing a paper that it was held by them in trust to be paid over to tho treasurer of the contemplated society , when its registration had haan
completed , ) and then , if any accident had happened to one it would not havo affected the fund . The same remarks apply to tho next matter in the pleas , which is tho question of the estates . . The learned Sergeant is quite right that the declaration of Mr . O'Connor would , incase of his death , be conclusive evidence that he was nothing but a trustee ; but in tho meantime , as Mr . Baebuck truly remarks , no one can meddle with . t & em , he being clearly the legal owner , But these » S « reholders , not being en * gaged in a legal transaction , could not file a bill in reference to them for any p-srposo whatsoever * And if it wore legal , not without a very great expense . What right , then , has any man- to deal with the property of others- by putting it a $ the risk of his own honour and integrity , or make it dependant on the extent to which he has pledged himself on the point of trusteeship one , way , and iir point of legal interest the other way . Thoso are She whole of the plcas , " arid it is for you to say to what extent—
-Sergeant . Wilkins . —With reference to the property it is stated to be conveyed to 3 a own use and benefit in the libel . ' ...: ' .. ' The Lord Chief Bakon . — . Well , gentlemen , that is true , he did convey them " to his own use and benefit . " No other person but him , in point of fact , has a legal title to them . The libel ispsrfectly true —he did convey them to his own use said benefit , and to that of nobody else . And when that attorney's clerk said they were conveyed to !& . ' . O ' Connor because lie did . not think thoy ought ta be con * veyed to Mr . Roberts , ' , you will remember that I asked him whether it wold not be better that they should be conveyed neither to the ono nor to the other 'but to trustees ^ with the declaration of trust —Mr . Chinery , in the simplicity of a clerk not out
of his articles , but certainly in his last year , and for whom , if that , be an excuse ,, it certainly is no escuse for Mr . Roberts leaving hie town business to be conducted by such a person , , said , "It never occurred to me that there was any other mode of conveying it , but either to Mr . Roberts or Mr . O'Connor , ' * as if no person under Heaven but one or the other was eapable of such a trust .. Mr . O'Connor is a person of some experience in the affairs of tho world . I should suppose , from his- ¦ writings ( said the learned Judge , turning over a copy- of tbe Northern Star ) , that he is a person of considerable information andgreat talent ¦ and it is a question for you -whether er not all this was . done m ignorance—whether he was merely in error , without any bad intention- — and thus you will perceive that throughout it is a question of bona fides . But'then there is , also , another question , as to how far a man may have
fallen into errors- ^ rf errors they be—and into mistakes , if mistakes they be , and then come to askfor damages for comments upon those errors and mistakes . One of the answers given by M'Grath waa very curious . When an inquiry was made why Mr O'Connor's name was not put into the books as treasurer , he said , that they thought ifc would look ill if Mr . O'Connor should appear to be the treasurer and also one of the directors ; Well , I know , that in hundreds of institutions no- treasurer is allowed to be one of the directors ; : bat it is equally true that he is always compelled to give security . However you have the fact before you , that because they thought that it would not look well to have Mr . O'Connor ' s name in that position , that of Mr . Roberts was continued , it being understood all the time that he was not the treasurer ; . I think it will be unnecessary for me again to recapitulate the evidence , unless yon desire it .
The Pokeman , after consulting with his brother jurors , said , I think it will not be necessary to trouble your lordship . The Lokd Chief Baron . —If you : do not wish to have the evidence again , I have a word or two to add , in order to bring yoii back precisely to what is the issue . You have had the whole-history ofthe concern . There was irregularity ,, and there was more than can be accounted for in that way . I was surprised to find that in the book purporting to be a minute of the proceedings ' of the Conference in 18-17 , a detailed account of some immaterial and really unimportant matters , as , for , instance , of some person moving an amendment , which he afterwarns withdrew , ?/ hile the appointment of the treasurer is not there-. Then again
it said , the accounts were brought forward and approved , and that 50 , 000 copies were-to be printed and circulated , but it turned out that this did not mean that the accounts were to be circulated ; but a paper merely to say that Mr . A . B . ' - had examined such accounts as were laid before liim , and they were correct . The reports were not forthcoming at all , and the original papers were- asked for in vain . The money , it appears , was sent to Mr . O'Connor ' s agent , and every shilling passed into his own hands ; every acre of land was conveyed to him , and at this time no persos has-really a title to a single cottage or single acre except Mr . O'Connor himself . The issue is , and with that I will conclude , what are the bona fides of the parties aye or no ? Every man , being responsible to society for the obvious inference which may be drawn from his conduct , has no right to complain . if those whose duty it is to watch over the conduct of public men , censure him . If , then , you believe that the libel is
utterly false and wicked , the plaintiff is entitled to such damage as shall be commensurate with the sort of injury done . If you do not' take that view , do you take the other extreme one ? : Do you think either justification , personal or * political , is made out ? Ifthe former the defendant-is- entitled to your verdict . If you think the imputation is not personal , but political , and that Mr . Bradshaw did not mean to say that the plaintiff put tho money into his pocket to spend to his own concerns ; but that ha did not take the right means to make his project truly known , and that the comments which are made are such as might be reasonably made by reasonable persons on tho state of things they had before them ; it appears to me that the defendant will be entitled to your verdict . If you ^ tlii nk the imputations are unfounded , but still that the comments made by the defendant were not wholly unfair or uncalled for you shouidfind for tho-plaintiff , and the damages will be high or nominal : according to the view you take .
Bbitish College 03?" Health, New Roao, L...
BBITISH COLLEGE 03 ? " HEALTH , New Roao , London . FALLACY OF ANATOMY AS REGARDS THE CORE OF DISEASES—THE BURKING : SYSTEM-DOCTORS BUYING DEAD BODIES WITH- THEIR SHIRTSli ! ON !! As persons are continually disappearing no one ltnows how , it may not be out of place to consider whether , tho burking system is not still carried on to a great esfent . Had it not heen for the terrible discoveries made on Burke and Hare ' s trial , there can be no doubt that thousands would havo been sent into the nesfi world in order to feed doctors wilh human flesh , so . that they ( the doctors ) . might fill their pockets at the expense of suuvnng humanity . This dissection , our readers should know , forms one of tha very lucrative emoluments , proceeding from hospital- proatl <* . > For instance , the m-ofesso * of anatomy pays , we wiU
say , eight or ten guineas foradend body , and then makes fifty or sixty out of it from the medical students . who have paid their money in ordei-: to find out , as they ar . e . told , tha cause of disease in a dsadibodyf ! Was there ever a more infamous fraud ? Where is . the doctor who knows how to cure a disease from dissection . ? They all know it to be a shamefutpiece of humbug ,- and they are not abifethe wiser from dissection , ns fcv . ns regards the cure of ^ diseases . It is all tomakemonay ., !; money !! money !!! that tlio rascality is kept up ; dust is . thrown into the eyes of the public , the doctors tell the lie ( the-wicked lie !) thai anatomy is requisite to understand tfee cure of diseases . The only anatomy really required i & BONE SETTING , iu case of aecidents , which mightbelearnt by designs- ; the Vegetable Universal Medicine wilh then do all thatds . necessary , by
liQtping the mood pure and healing , parts—operations fpr stone , cataract , oancer , ic , : uhj pbrfestly useless , which is proved by the- disease always coming again , because its scat is in -Jhe blood !!! Burke , the murderer , found' Bulbing * th & best , trade goin ^ he nsed to smotherpeople , and then takothem to the doctors almost hot , some even with their SHiillTS ON , * and used , without the least difficulty , to get lilp . £ S for each body . Now there can be > no doubt that thq-Sectors must have jinowh * hattl J ? - tims had not come- fairly bv flwjr deaths , yet they blinked at the whole befi ^ ess in orde-j- ' thut they m ' ght rot . Tiism pockets . Talk , after this , about the ' honourable P" »« 6-sio » , the' libewu" professsio' j , and such humbug , wp say , ro 3 d the conftssioh of the Surkers heirp given , and ^ you can believe that theso docSprs did not kiiowM ™* \ £ that tho pasties had heea murdered , why , then , > oumust . have more credulity , than we give you « oredit foi . The / deadly cheailcals of tl « . doctors una the r J ^ f ™ both on a , par , only th « 4 rst is not so easdy detected by tho public « tho ' other ; but that a day of retribution will eomo wfmake no do & t . We understand that peoi people will no longer nllw their relatives who die « a . tho hospitals , te be man lsd by tho knife of the human butchers . No wonder . . " * Road the official confessions of Burke , made in th gaol j to ho had of all the Hygeian Agents , Oh ! oh ! the Guinea Trade !! WMWM ^ . ^» ¦ « — i * "i in ¦ ' »
. Pirates Jhnet.—A Parliamentary Paper J...
. PIRATES JHNET . —a parliamentary paper just printed , at tho instance of Mr . Hume , contains an account of tho sums which have been voted by parliament for the destruction of p irates from 1 S 2 S to the 17 th of December , 1810 . The amount ia £ 57 , 255 . Tho payments wero as follows ( £ 20 ang £ 5 being allowed per head ) : —In 1826 , £ 4 , 746 j 1827 , £ 1 , 053 ; 1828 ,-4 , 850 ; 1829 , 4 , 065 ; 1830 , £ 780 ; 1831 , £ 180 ; 1837 , £ 7 , 865 ; 1838 , £ 1 , 5 ^ 1839 , £ 2 , 210 ; 1842 , £ 185 ; 1843 , £ 1 , 380 ; 1844 , OTj 1845 , £ 8 . 4 $ 0 j m * J 8 vi Wtfl * l 8 i lW'l
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Citation
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Northern Star (1837-1852), March 23, 1850, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_23031850/page/7/
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