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Northern Star (1837-1852), 27th April 1850, Edition 2 of 4, Page 5, THE NATIONAL VICTIM COMMITTEE TO THE FRI...

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      Total G"16 "

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      , « p MACNAMARA 'S ACTION . F BmBL-J . Majman , Ramsgatels-Snt-^^ Va ^ tsattheOiaTrooperas-Edmhurgh , ^ gStTon f or the charter . * JTV RmxB .-A . Watson , Leith 6 d . —Re-^ hvloss ^" \ j > os la-Cards at John-street S M- ^ fflls ^ Romerham , per J . Stansfield 10 s-• T . wacock ITU * - « ^^ jinstmy , per R . Fuzzon 6 s WOan lto « " ? " *" : j Biake 55-Souui London Lo ^^ r Ffto ! 4 , n & Srighton , FrW . Fie 5 tiaS « S & s donations 31 4 s Tid-Caros at

      •^ Shu-eht fuho . . SeeeiveahvW . Rm . B . -Aberaeen . perR . Rohinsoiilsad B FOR DR . M ' DOUALL . - * Jw Ridee-A few Chartists , Darenfay , per & J ^ f 0 R MRS . H'OOUAtt . E ^ vedhv Joas ABSorr-Lynn , per T . Scott 2 s 60 . FOR MRS- JONES . Eecaved hy W . ItoHU-WalsaU Democrat , , per J . J 6 i VICTIM FUND . jj ^ eS attisroOincE-ifr . Kenarickas . DEBT DUE TO MR- NiXON . VxS ( ei bj W . Ra > EB . ^ r- ifavman , Ramsgate Is . NAT IONAL VICTIM FUND . iwivr i hV JOBS ASSOTT , Secretay .-Bri s hton Char Jieeung

      ^ Tii-The Western Boot ana enoemaKers , *** < £ Tto ) Chairmen , Wardonr-street , Soho . per T . ^ Zl- fe-cauected at puMie meeting ; South London S-jfSr Jrattinson 13 s fid-South London Locality , per ! L ratnii » n 555 i * r « the 5 s 6 d acknowledged in the Star of the 2 Sth Ji fc " ffm . Rurt , shonldhave heen for R . F . Burke .

      The Sew "Xew Mote." To The Xdh0k Of Tiie...

      THE SEW "XEW MOTE . " TO THE XDH 0 K OF TIIE NORTHERN STAB . giJL _ B eference to tbe columns of the Star of jjst Saturday informed me that a meeting of the Cmcil ofthe Jew Charter League -was held the other day . In addressing myself to a consideration of some portions of the business reported to have f jssn taken place , my object is not so much to cast cmw upon the originators of the New Move , as is remind my fellow working-men ofthe evil results vikh are ever consequent upon a division of pirpose and of strength . wjthont denying , or affirming , the right of jfcsrs . Clark , M . 'Grath , and Dixon , "to stand apart and form a government of themselves , " and to lata for the Charter after their own fashion , I will siTirJadess observe that reasonable objection may be rag ed to the preliminary steps they adopted to this end . Such a course , tending as it did , to a

      tUriaon in the political ranks of the people , justifies the implication , that personal pique , and not political principle , was the motive power . That such a division may now take place seems to them a mere incidental circumstance , which they do not allo w to disturb their equanimity . With such a resnlt , however , I presume to have something to do . Impressed with this sense of duty , I proceed to animadvert upon one or two ofthe reported proceedings . " Tfiiat is done for the . people , must be done fotne people , " is a self-evident truth ; "the importanee 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 put ourselves in communication -with seTeral gentlemen , who from their conduct , for many years past , have manifested their zeal for the cause ofthe people . "

      Jowif the position be graated-idiichcoiild alone justify such a course , viz ., that there are , out ofthe Chartist ranks , gentlemen , whose precedents warrant belief in their honest devotion to political trnih , and in their earnestness to emancipate latoar 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 io gentlemen , indeed ! for the restoration of our rights , and the abrogation of our wrongs ; as wise would it be for the working-men to dolius , as for the herdsman to expect mildness and mercy to Ms flocks from the insatiable voracity of the hyajna . By having recourse to such aid , llessrs . Clark and Co ., are setting at nought the eft-repeated admonitions of their long tried friend and patron . Mr . 0 ' Connor .

      Bat why were we not told the names of the gentlemen to whom allusion is made ? If they nave 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 good by stealth , and blusb to find it fame , " tbe avowal of their sweet names would afford an opportunity for the expression of the people ' s gratitude . The League ' s Council but do their worl by halves -when they prevent indulgence in such a sentiment . In the absence of such information I

      venture to say , that I 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 «" the Free Trade School . But " why do I entertain tais notion , and upon what authority am I justified a thus publicly expressing it ? I answer , that the programme of tactics , published by the nuclei ofthe ietv League , warrants that opinion , and that the consequent adherence of their sympathetic friend , & r . Lorett , justifies its expression ; for he is the connecti ng link between the working classes , and fe respectable and wealthy shams , whose " mode-«« " treachery , however , is fast losing its baneful ^ nence . I happen to know individuals of that

      political circle , constituted of respectable gentlemen , oanuf aerurers , retired shopkeepers , and others , fh . o regard Mr . Lovett as a planet of benignant ^ aenee , though of satellite use , in their politico-^ ronomical system . The social and political preelections of these gentlemen are pretty well known tome . I can readily cast my mental eye upon one , ^ no , through the reciprocating services of Mr . ¦ wvett , would , if he has not already , munificently Sffell the funds of the 3 few League with his £ 5 dojO Mons in aid of its " moderate" projectors . Of " * extent of his sympathies with the claims , poli-- « al and social , ofthe working classes , the gentle-™ alluded to has given proofs on many occasions , ^ i then , among others , will be but too happy to

      * Kp ? nd when communicated with by the nuclei ™ s inflated purse and shallow philosophy - will be wpally at their service . But when I hint to my tfUOw woririBg-menthat this specimen ofrespect-X ! ? 0 Uh < £ patronage , has about 2 , 000 factory * tR ? 3 S ??^?!? bis croon of acquisitivensss , and ^ orduig him the means of luxuriating in a rural ^ ce , —the mere rental of which would equal the S ? wages paid to more than fift y agricultural ^ ™« a his neighbourhood , —I am sure they will J j ™» a just estimate of the worth of such patronage . "Here and what , I should like to know , have been we services of Mr . Lovett , that his name should be w ^ peted forth , as if affording a tower of strength ^ the newly-erected specimen of political arcbitec-J 5 - Do * the designers consider their edifice

      insefare without the masonry of a Lovett ? I aver that *• Lovett ' s Tx > liti (! alj ) reeed * ents have not been such ^ to secure for him the unqualified ap probation of I fellow working-men ; on the contrary , he has j * often followed in the track of their inveterate , ^ secret , foes by ger & y censuring the villany and J * Paaty of these , - while he has magnifieithe fallings ™« s own class . He , who may write the biography g « m . Lovett , will , if true to history , acknowledge fuS ** error to De-intri ^ ni Dg and associating 3 rf ^ capitalist-employers , and other pseudo J 3 with the view of seeking their patronage , 5 om rt J tteir I * " " - * * thereby tending to remove aj -p " working-classes the prop of self-reliance , "unpeajng tj ^ ^^ . ^^ 0 a gitation which is the .

      DolteS Precursor to the obtainment of their aed ; aDd ^^ ri £ & k- Thanks , however , to SaJf fcnnnent of our political brethren , this deteext ent S influence has been but limited in its S eptihV The progress of Democratic , ay , and of the JZp ^ prhici ples amongst the great-mass of Sok ? £ pIe - and , in addition , the prevalence of s ^ stwmions , establisbestfietruth of this asb » i ^ wHl KBej ^ uMprhicipleg may speedily * oSnplant aw that my fellow Democratic s ^ r ^ -nien may not allow themselves to be ^ afo w ?™ Purpose of political and social j J ~* " « y » oy _ the personal ambition , and promised WrtBU 2 e » f 5 ? r « et of men , - is the hope , . - ^ - - , T / v ^ j ""' - 'W , T 0 f-JOnn : l 8 IP « CtfilHy . ' ' ' - ;' . "; : i ' < ' -. '•' -

      The Sew "Xew Mote." To The Xdh0k Of Tiie...

      ERNEST JONES AND HIS SUFFERING COMPATRIOTS . TO THE PEOPLE . Friends . —While congratulating the good men and tree , whose names appeared in last Saturday ' s "Star , " on their liberation from p rism , and restoration to their families , I ' deplore , in common with others , that some of the ablest and most sincere of jour advocates are still suffering the miseries inflicted under the "sileno * and " separate" systems , and the other refined tortures of modern " model " dungeon discipline .

      - Ernest Jones , Joseph Fussell , John Shaw , Dr . M'Donall , 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 hut little acquainted with the prison history of most of our unfortunate brothers ; hut for some time past , I have been

      conversant with facts relating to the treatment and sufferings of my friend , and 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 abstain from that publicity which has now become necessary in consequence of the failure of those efforts .

      Having 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 might 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 naturall y 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 Mr . "W akley , Mr . Lushington , and Mr . 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 tiie release of Mr . Jones , the Home Secretary replied that no attention could be paid to any appeal nnless supported by a medical certificate , afiirming that further confinement would 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 famil y ' s medical adviser to see Mr . Jones . After some delay this request was refused , Sir George Grey intimating that

      he could not " consistentl y with the rules of the prison , make an order that Ernest Jones should he visited hy his own medical man . " It was intimated , though not in the same communication , that Mr . Perry , the medical inspector of prisons , would visit Mr . Jones . Up to this moment , Mr . Jones ' s friends are in ignorance of what may have heen the report of that officer . In refusing the permission solicited by Mrs . Jones , the Home Secretary

      further intimated that "hispublic duty would not allow him to recommend any mitigation of Mr . Jones ' s sentence at present . '' Let me 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 he of any service to our sufierihg 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 tiie Members of Parliament who kindly , though without the 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 Ms humanity and trul y liberal principles .

      Let me -next call your 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 nnofficial medical man to certif y as to the state of Mr . Jones ' s health . It is not my design to enter into an account of the discipline of Tothill Fields Prison ; for such an account I refer my readers to the valuable letters of Mr . Vernon , published in

      Reynolds s Politicailnslructor . It is sufficient to 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 , being his fare ; the particoloured cap and convict dress , his clothing . Memhers of his family only , have heen permitted to see him , and they hut once in three months , and his correspondence has heen subjected to the same restriction .

      Almost immediately on his committal to Tothill Hill Fields Prison , Mr . Jones wrote a letter to Mr . Justice Wilde , complaining of being required to perform the labour of oakump icking , or to pay a fine , and requesting that his treatment might be made more in accordance with his sentence . The prison authorities buried that letter . Mr . Jones also desired to petition Parliament , describing his severe treatment , and demanding redress . Again

      the p rison authorities put their veto on his attempt to obtain justice . Prison laws are not made h y the Legislature , hut hy the mag istracy , in connexion with the Home Secretary ; and it appears that , however brutal those laws may he , a p risoner 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 1849 , 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 unhealth y and degrading labour—was sentenced , by the visiting justices , to be locked up in a cell , four feet by six , without chair or table j ,. ; with & bedstead of iron , but no bedding ; - without books ^ they even took away the prison ^ Bible ) - ;; - andi ^ for diet , a small allowance of bread and water . Mr . Jones was ill at tiie tune-i-dn 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 ibod of a comparatively superior kind to bread and water only , it is wonderful that the 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 b y two magistrates—a Mrv Rose and another-i-to the same punishment , for ^^ another ^^ term . of six days --a sentence which , howeyef , was not ; , camed mto . e 5 ect ,. as the money was paid that afternoon . Wh ^ e snaring , the puiu ^ mi ^ ta ^ eajd y

      The Sew "Xew Mote." To The Xdh0k Of Tiie...

      described , the time came for Mr . Jones to write his quarterly letter to his famil y ; hut he was told that he could neither write , norreceive ' ahv 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 hack again by the old diet . This has gone on continuously , till what

      with sickness , medicines , sleeplessness , and tic-doloreux , 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 usuall y ill , his si ght leaving him , and pulse hardly perceptible , he made an effort to reach the door in 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 heen able to take was two thin small

      slices of bread and butter , moistened with some tea . For many ni ghts he had heen unable to close his eyes , even opiates failing to jnake him sleep . He tried , on recovering his senses , to regain his chair , and had just raised himself before it , when si ght and consciousness again left him , and he fell backwards , partl y in the fire-place , with his back resting against the bars of the grate ; fortunately for our poor friend the fire was very low , henethaving had strength to supply it with coals , or the consequences mig ht have been both fri g htful 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 immediatel y fetched ' the

      surgeon . 9 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 . Gket 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 famil y to ascertain , through their own medical adviser , the actual state of Mr . Jones ' s health ?

      It is onl y just to state , that from tiie time of the alarming attack as 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 the 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 , but to that discipline itself he justl y imputes his sufferings—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 Tothill 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 are so vexatious , "that a smile is rebuked , and a side look subjects the offender to punishment . " Ofthe books sent to . him by his friends—the People ' s Journal , an . & Emerson ' s Orations—wig refused to him ! I have not heard of late , any thing of importance concerning Dr . M'Douall , but it is notorious that his treatment has been

      excessively severe . In the same prison—Kirkdale—a number of the "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 confidentl y hoped that Sommers ' s brother 'Confederates' will take a share in

      this work of humanity . " You will perceive , friends , from another portion ofthe "Star" that a public meeting washoldenon Tuesday evening last , at the John-street Institution , Fitzroy-square , when a memorial to the Home Office was adopted , urging the justice arid humonity 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 repl y 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 , the conclusion must be drawn that they are punished with greater severity because of their influence with the peop le . It is wonderful that rulers will be so short-sig hted . Sir George Grey and his colleagues might know 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 enemie ^ ' or " things as they are . "

      If thisrletter is . mainl y occup ied with the casenf Ernest Jones ^ it is not that I hav e less sympathy with" hif \ fellow-sufferers , but because I ^ know !' more of the circumstances connected . yfiQi } his treatment . I may add that , " lirif ^ dwelling upon his case , I have at the-same-fimej " p durtrayed the crueltie g { to which the others hlive heen subjected . I Tnay be pardoned ^ hhwever , for saying that , in ^^ bn .. W-the'fie Mt ^ J ; iympathy I entertain towWds all our % brethren suffering for their poBfical opinions ]^ have that sentiment for our-gallant ' and excellent friend , Ernest Jones ; wb ^ h bewmesme ' as bis 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—the People , who will know how to do honour to the men who have endured so much in your cause , — tHcarige of Justice and Human ProgresBion ,

      I am , my Friends , Tours Fraternally and Devotedly , G . Julian Hakhey / Apbil 25 th , 1850 .

      The Iatb -Warlike News From Russia Is Co...

      The iatb -warlike news from Russia is confirmed by all the German and Austrian papers . The Russian troops on the frontiers of Prussia are quoted at 160 , 000 mea , and strong reinforcements are said to be marching up . 50 , 000 among them are Bashkir andCiwassianitoffiJemen ,, __ .,.,... ,

      The Iatb -Warlike News From Russia Is Co...

      O'CONNOR , M . P £ ^ -RRi ; DSHlW . .: .,- ' COURT OF , EXCHE QUER .- Ariiii , 23 . Mr . Sergeant Wilkiss applied to the court in this case for a Bew trial on the grounds of misdirection , rejection ? t evidence , and . that the verdict was against evidence . The nibtibh was part heard on Monday , and proceeded with at the . sitting of the court on Tuesday morning . Tue action was brought by Mr . Feargus O Connor against the proprietor of a . Nottingham newspaper , for libeU The case was tried before the Lord Chief Baronand after

      occu-, pying the court for three days , the jury returned a verdict tor the defendant , accompanied by the unanimous resolution that , in their opinion , the personal honour ^ and honesty of the ; plain tiff was unimpeached In conducting the : case on behalf of the plaintiff , he ( Sergeant Wilkins ) complained that he had strong prejudices to contend with , and those prejudices had been a 2 gravatcd by the manner in which the learned chief baron left the case to tho jury . The learned judge addressed the jury for two iiours and three quarters / giving essays on various subjects .

      .. The Ciiisf BiKotf . -Yes , brother Wilkins , but the counsel at both sides made speeches of equal length , and 1-had ^ to go through all the evidence taken on a three da ys' trial ¦ f Sergeant WiLKras . _ M y lord 'I do not complain 0 the length ofthe summi ng up , but only of how little of the time which ifc 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 Northern Star , Of which the plaintiff was proprfe . tor , had been improperly rejected . One of ' the

      charges against Mr . O'Connor was , that he had purchased lands with tho monies of the subscribers to this Land Plan , and had these lands conveyed to bis own use without any declaration of trust . On the part ofthe plaintiff it was proposed to prove that he had m 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 the subscribers ; but this evidence was rejected . Baron Platt . — "Was the only declaration of trust that which was published in the newspaper ?

      Mr . Sergeant "Wilkins . —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 Parke 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 for the

      National Land Company . One of the purchases was said to have annexed to it " a splendid baronial hall , " and the paragrap h ' wound up by saying , " This is the way in which Lord John Russell should 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 question 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 ofthe question . ' ' . '

      Chief Barox . —Surely it did upon the question of damages . Mr . Sergeant Wilkins . —But it was notVo left to the iury . On several occasions in the course of the learned judge ' s summing up , and when interrupted by him ( Mr . Sergeant Wilkins ) and reminded that the only questioil 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 ifc is equally a question of bona fides as regards Mr . Bradshaw . Tho only question was whether Mr . O'Connor was an honest man ; the

      iury found he was an honest man , and then found a verdict against him . The Chief Baron . —I certainly commented upon tbe situation in which Mr . O'Connor placed himscH 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 by the subscribers to this company . ^ I did not consider that Mr . Roebuck , in conducting the defendant ' s case , 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 the jury meant .

      Mr . Sergeant Wilkins could not suppose the Chief Baron remembered the many severe expressions used by his friend Mi ' . Roebuck , and in a manner peculiarly his own . ; . Did not Mr . Roebuck say that Mr . O'Connordid hot complain of being called a political . impostor , he had been so often called by 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 ofthe pockets of these poor people , into that grand reservoir his . owh pocket ? Tho Chief Bakox . —He certainly did use these expressions , but yet I did not . understand him to contend that Mr . O'Connor had appropriated any of this * money to his own purposes .. . -r

      Mr . Sergeant Wilkins had forced , his learned friend to admit , in the end , that notone ^ shilling of this money had stuck to Mr . . O'Connor ' s fingers ; but the verdict . was for the defend ^ nt ^ and he could come to no other ^ ffllSftSion ^ han ^ at ' the jury arrived at that vera ^ $ ' e ^ ause ^ t ^ f |; were told they might- c 6 nsider ^^ jffirad | h ^ pf' 6 oMa fides . The next point on whieh ^ lil ^ MfflmScl . of misdirection was , that the Chief . Bar ^ MK ^ ttjfo the jury to put a construction on tKejJBJMBBafistifieation . instead of doing so himself . : 3 JHHgChief Baron , m summing up , and g 6 ihj > tnwHp 6 various statements in- the plea , pr & eeden * lpsi : — " It ( meaning the plea ) goes oh to state that , by . reason of the premises as aforesaid , tho plaintiff was dishonest in connexion with the said Land Plan . They do not , you

      will see , impute personal dishonesty in the way of actually appropriating the money , but with having acted with dishonesty in hot making a proper and full disclosure ofthe 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 tho scheme was a political imposition , inasmuch as ail had not been stated that ought to have been stated , then the plea 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 b y 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 Wilkins observed that the plea of "not guilty" was found for the plaintiff under the Chief Baron ' s direction . What he now submitted

      was that his lordship left it to the jury to put a construction 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 went to the extent of justifying the charge of dishonesty in reference to this company , as a public scheme , and the jury were to determine how far it was proved by the evidence . y . Sergeant Wilkins said the jury bad found , in fact , that the plea was false , for thoy said no personal dishonesty eouW be imputed to Mt \ O'Connor , and having that view , 'he 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 pointof misdirection wliich he insisted on was , the Lord Chief Baron ' s positive statement that the . National Land Company was illegal , as coming within tho lottery acts . Now , if this company was within the lottery acts , so . was every building society and money club . It was the opinion of some counsel of great eminence , however , that tbe 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 the Registrar of Joint-Stock Companies , to compel him to register this very company . The jury , however , were told that beyond alldoubt it was illegal , and no doubt supposed that as ' Mr . O'Connor was a

      barrister he must have known it , though ho 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 wl \ ere this is to be decided should hold thatthe society ; , is'illegal , surely that would be an " end of tiie questioh : ' On the other hand , if the legality of the society should be established , there is an end of the question . Mr . Sergeant Wilkins contended , that as the subject was about to undergo discussion , and was nearly ripe for judicial , determination , he was entitled to a rule nisi for a 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 conveyance or an assignment of the trust 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 state of the law the Lord Chief Baron had informed the jury that the estates purchased by Mr . O'Connor would go ' to his creditors if he became bankrupt , and that all the money in his name in the bank , belonging to the subscribers of the National iLand . Compab y , . would pass to his assignees ; and ' his lordship further informed the jury that the shareholders m this scheme could have no relief in equity , because it was illegal . He submitted , in conclusion , ; that the- Chief Baron ' s

      The Iatb -Warlike News From Russia Is Co...

      direction on those several matters was not well founded in point of law . ' Mr . i Baron Parke . —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 p laintiff could have the verdict entered for him on the plea of justification . : The Chief Baron .- Well , perhaps the counsel for the other side will consent to that course .

      Mr . Roebuck and Mr . Baoley , 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 the course suggested . It would be hard he thought that Mr . O'Connor shouM pay for the consequences of any mistaken view taken at the trial . ' . i ' l ; : The Lord Chief Baron . —I thought , . brother Wilkins , it was all a question of character ?•• ' " Mr . Sergeant Wilkins . —Oh ! no , my lord , the jury disposed of that ; they found thatthe plaintiff ' s bonesty was unimpeached ; 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 for that purpose . The Chief Baron . —We cannot grant a rule merely to give you au opportunity of coming to some arrangements as toicosts . Wo 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 . WniTMABSn . Mr . Peacock , Gj . C . andMr . Macnamara appeared for the plaintiffs , and the Attorney-General . aud Mr . Welsb y for the defendant . In this case , ^ mandamus was issued calling onMr . Whitemsirsh , registrar general of Joint Stock Companies , to , show cause why herefused . to grant complete registration to the National Land Company , and to grant a certificate to it . The return to the 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 ifc was formed , namely , the purchase and allotment of land ; and was essentially within the meaning , of a '' chance lottery , " arid as such i contrary to the statute rendering lotteries illegal , and therefore not entitled to registration . To this return demurrer was put in , and the case now came on for argument . Mr . Peacock , in support of the demurrer , said that the 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 tbe allotments of land were to be delivered by the chances of drawing . He would show that ifc 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 ofthe whole body , reserving certain rent charges , which , when the land

      was sold , would be applied to the purchase of other lands , to be divided among other shareholders . Now that was the case hero . A certain number of persons associated themselves together by 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 shaveholders , for the purchase of lands , and the allpments were intended to be allotments not to a few individuals , as in a lottery of chance , 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 of land , the

      latter operation being by . allotment among themselves , in consideration of the rent-charge . The question then arose , was this scheme within the meaning of a 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 the 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 the whole of the shareholders ; and the question arose , who was to take the house ? Coupled with the land , it was to be taken by allotment , the land being subject to the rent-charge set forth in the deed . It was , in fact , to be determined by drawing lots , and that was the mode laid

      down in the second volume of Blackstone ' s Commentaries , p . 188 , for the partition of lands among parcellers . A rent-charge was fixed opon one portion of the land for purchase of other lands to be disposed of by lot to those who , had not . yet succeeded in the drawing , so that all were to be served . Every person to whom land was allotted was to pay a rent-charge . The 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 . Thecai-liest

      statute on this subject was 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 bo put down ; and that every person violating this act shall bo 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 uncertain ^ of drawing . This was a Company purchasing land and sellhg it amongst themselves . Lord Campbell . —Suppose , MivPeacock , that 100 persons subscribe to buy land , and that they distribute it among ten , would not that be a lottery ? Mr . Peacock . —Yes ; but such a case as this of the National Land Company did not fall within the 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 have his allotment , but it is to bedetermined not by the uncertain of a lottery . The word " lottery" is a word cjusdem generis , The Queen v . Scott , 8 Jurist , p , 473 , contained a decision on the point , which turned on a benefit association . The ether statutes which bore on the question of lotteries were the 8 th George I ., c . 2 , s . 36 . and the 12 th George I ., c . 28 , and it was said on the other side that this Company came within the meaning of those acts . The Sth 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 . case like the present . There were a number of persons opening an office , in the Scheme

      of which all were to be subscribers ot " chance , and one was to have all the benefit of the whole , in the drawing of a lottery ; but here every one was to have an equal share with the rest . Ho apprehended , also , that this was not a sale of lands ; but if it was a sale of lands , then tho Company , who was the seller , got tho lands . His learned friend ( the Attorney-General ) held that the person who got the land was tho purchaser : but tbat was not so , he was the " vendor . " Tho whole Company were the purchasers ; the one 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 ofthe land and improvements . lie did not know that there was any distinction between the act of George the First , and the 12 th of George the Second . This last statute was enacted for the more effectual prevention of gambling . The 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 , u Lord Campbeli ; , —That was an auction rather than a lottery . " , ; .

      Mr . . Peacock . —In that case the . mombors ofthe society , all , held an interest in the loan , and a new . trial ! was moved for , ; but , was refused , the ( court being of opinion thatith . ^ ofthepartenwflhip } and Lord . Chief Jus ^ TWaJl ,

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

      on that occasion , said-that ^ here had been no loan , but merely an advance out of the funds of the funds of the partnership : of the society . There was an act of parliament also ;¦ which had reference to the Art Union ,, and in ; that scheme there were some instances where some of the subscribers did not get prizes . = ¦¦ ¦ .. Mr . Justice Wiouiman . —Not so '; for in that scheme there wore all prizes . Mr . Peacock ;— There were some blanks , I think , tor I got one . ( Laughter . ) The Court again corrected thejlearned gentleman , who said , "then if all are prizes , some are very good prints , and some very bad . " ( Laughter . ) But hero , if the scheme were carried out , each would

      person get an allotment equal to that of his tellow . The third question raised was , whether the company was a banking company ? He did not know how that was to be made out . The Aiiornkt-General . —It is set out in the return to the writ . Tho 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 the 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 . Peacock . —A company is not a company

      until completely registered . Lord Campbell . —All that they ask is to be registered in the terms of the deed . Mr . Pbacock . —That , my lord , is all ; and if the Registrar would grant them registration , they would be bound by the terms of the deed . Lord Campbbll . —If the deed is in express terms , then the Company could be prevented b y the Registrar from carrying oh any business not in the deed . The Attorney- General . —The Registrar , when they came to him to aslcfor complete registration , said , "Do ; because _ before you camo 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 nop done anything unlawful , he hopeu 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 Jllegal , for the 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 tbe case of every lottery . He w . ould , he believed , be able to satisfy their lordships that , on the first point , the 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 exceptions , 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 aa constituted for commercial purposes . Lord Campbell . —It is quite clear tbe company is associated for the purpose of buying land . The Attorney-General , —Yea ; 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

      ill-consequence m relation to other societies . Lord Campbell . —If the Company be registered , are they not trustees for all the shareholders ? The Aiioknev-Genebal . —Be 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 the 10 th and 11 th William III ., and to the Acts of George I . and II . referred to by Mr . Peacock , and urged that those acts were decidedly violated by the proceedings ofthe National Land Company . They came in here to call upon the Court to compel the Registrar to do that which he belieied

      it would be 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 thct they are carrying on the business of & banking company , and surely if they arc a Company for the purchase of lands and houses , and are carrying on the business of bankers , the Court would hot , with that knowledge ( a matter admitted in the demurrer , ) compel the Registrar to grant them 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 ? The 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 , aud as such an illegal act , warranting the Registrar to refuse them registration . Mr . Justice Wiohtman . —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 the 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 Sth Vic , 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 com * mercial 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 Fri...

      THE NATIONAL VICTIM COMMITTEE TO THE FRIENDS OF DEMOCRACY . Brother and Sister Democrats , While we most cordiall y thank : those who have done their duty , and are fully aware of the many appeals which have been made to their sympathies , we consider it to be onr duty to address you on the present occasion . We 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 appl y for shelter 5 and further , through the existing prejudices ofthe middle classes , many of them cannot obtain employment , consequently , they are now reduced to greater destitution and privations than when they were under the tender careoF our merciful Whig Government . As they 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 , Shaw , and other brave patriots , are still subjected to all the horrors of imprisonment , and that their wives and families are looking to , and require , your support ; not forgetting those whose fathers have been torn from their native land , and also those who have lost their onl y protectors , their lives 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 we rest satisfied that you -vSt notjeopardisethdr vaIuaWelives , hynegleeliag to supply the small amount required for fbat purpose during the brief period that remain of their imprisonment . In conclusion , we again call on you in tho name of justice and humanity , not to delay ia responding , reminding you to ' . ' do unto other ! as you would have others do unto you . "

      Signed on behalf ofthe Committee , John Arnott , Secretaiy . 14 , Southampton street , Strand , April 25 th , 1850 . F . S ,-rI have much pleasure in stating that Francis .-Looney , convicted of sedition , and senteh pe 4 ! to two years , and two months imprisonment , has been this day liberated fiiow ^^ |^ W ^» : r ; f ? . Ai ^;;

  • Citation
    • Northern Star (1837-1852), April 27, 1850, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_27041850/page/5/