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Q ' H R W R ERNEST JONES AND HIS directi...
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— .. „.,.r» nrnnur H0HIES RECEIVE ifoB i...
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THE NEW "IfEW MOTE." TO THE EDITOR OP TH...
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ERNEST JONES AND HIS SUFFER INGCOMPATRIO...
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Tire iate warlike news from Russia is co...
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O'CONNOR , M.P., v. BRADSHAW. COURT OF E...
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—' ^^Sg^**— NATIONAL LAND COMPANY. COURT...
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THE NATIONAL VICTIM COMMIT TEE TO THE FR...
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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.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Q ' H R W R Ernest Jones And His Directi...
APRiL _^ lg 5 Q . ' H / THE * _NMMj _£ R _W _^ _yAR 5 I ' I _ntnmnTi ¦ ¦ ¦ , ¦¦¦ /¦/¦ ¦ : . ¦¦¦ "" - _~ -- / ¦ ¦ ¦ ¦ ~ ¦——**»
— .. „.,.R» Nrnnur H0hies Receive Ifob I...
— .. _„ .,. r _» _nrnnur H 0 HIES RECEIVE ifoB ims Week .. _Esnisa Thobsdat , x Aped-. 25 , 1 S 50 . TflE HOBETTY FU 1 SD . R Ash _«^ _^ - " t _eV-A . Watson , Leith 6 d-Sowerby , nt _Sr _^ r _^ & _Smauiood 7 s 3 d-Accrington , per P . - a , _cates a' - _^ tncknort . Mutual Instruction Class , per W . _jjjnfold ' / - _^ S _^ _-jjr _^ _d-Leicester _, coUected at Mr . HPT _lUVetSosl / _eiooicraiiuisuijouu
B ; V _^ : _™^ c W . — - , . _s- _"* - _^^/ _jHanrcttas Sd-Suuonau-Ashfield , Chartists _-liwi _^«» wr « 5 s -Sult ., n . in-Ashfi eld , Chartists at _^^ _MBt _a-Iffif _^ -Trederjr , i . Hancocks , per T , C m ° l ? i « _M-Souuiampton , per J . BnsseU Us 8 _o-Mr . 5 _Si _^ Soiiiban * Pton ls-1 Ir - James , Southampton ls-a - _^ - _^ tire _-feHoi-s , Hanley , perRStephenton 15 s-Edtafe l _* WW and H . RoWnson 5 s-T . Wilson , Dalton , per _J _^ _rtU _^ aaersfield Ss- a Friend , Deighton , per B , _RCla y 1 _^ _iLcrivedhy J . _Aldersoti , Bradford—T . Lee , _*?* rt _^ lumbert , ldle ls-J- _Murgatroyd , Idle 6 d-S _IfeJ _^" _Gd-T . Oernie , Betford , ls 6 d—Barnstaple , per J- _^ _j _^^^ _tiSD Onna- —Mr . _Kendrick os—CamberffeU IiOcatity _Js- £ s _^ _Eeecivea by W . RWer .. .. 8 111 Beceived at Land Office *"____ Total _**» 1611
FOR MACNAMARA'S ACTION . _^' _"SilSlH FOB THE CHARTER-» . - _^ _t _e * r Kideb . — A . Watson , Leith 6 d- Be-• * r ! ft _^ % ** _5 _^ _deler _JfllUte * SSh L ° »<* on Lo - _^"" _Saffi I * _M-Brighton , per W . Fiestlos
tie Office " - ' Total 15 L MONUMENT FUND . Beca _^ hy W . Ito * 3 . -Aberdeen , perIl . Bohinsonls 9 d . FOR DR . M ' DOUALL . - j _^ _w _ii _. nFR . —\ few Chartists , DaTentry _, per e _Wd— «* *« " _*** 6 lL _FOB MRS- M'DOUALLBeceiveahY Jobs _AKoxr . -Lynn , per T . Scott 2 s 60 . FOR MSS- JONES . _Tleceivea by W . _Bma-Wakall Democrats , pcr J .
35311325 _^ _VJCT _. M FUND . _Becorea at Ljuva _Ornc ** .-Mr . _KenOrict as . DEBT DUE TO MR . NIXON . Received by W . Bides . —J . "May-nan , _Bamsgate Is . NATIONAL VICTIM FUND . _Beedvea by Johs Absott , Secretay .-Brighton Chari * 5 _ts Is id—Tbe West-end Boot and Shoemakers _ileetrnjr _, _Tflie Two _( _"haii-men , _Wardour-sireet , Soho , per T . ytckens as-collected at public meeting , S oul _* London jklLper JL Pattinson 13 s 6 d—South London Locality , per 31 . ratnnson 3 s "Id . y _. 3—The os 6 d acknowledged in the Star of the 2 Sth rJt for Wm . Burt , should have been for K . F . Burke .
The New "Ifew Mote." To The Editor Op Th...
THE NEW "IfEW MOTE . " TO THE EDITOR OP THE SOOTHERS STAR . Sir , —Reference to the columns of the Star of last S aturday informed me that a meeting of the Council ofthe _Xe _** r Charter Xea « -ne was held the other day . In addressing myself to a consideration of some portions of the business reported to have then taken place , my object is not so much to cast censure upon the orig inators of the "Sew Move , as to r emind my fellow working-men ofthe evil results -ffMch are ever consequent upon a division of pnrpose and of strength . Without denying , or affirming ; the right of "Messrs . Claris . M'Grath , and Dixon , "to stand apart and form a government of themselves , " and to labour for the Charter after their own fashion , Twill nevertheless observe that reasonable objection may he _nrired to the _nreliminarv steps they adopted to
this end . Snch a course , tending as it did , to a division 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 , _whicli they do not allow to disturb their equanimity . With such a result , however , I presume to have something to do . Impressed with this sense of duty , I proceed to animadvert upon one or two of the reported proceedings . " What is done for tlie people , must he done by the people , " is a self-evident truth ; the importance of which , nevertheless , warrants eveu the reiteration of "Mr . O'Connor . Bnt what says the report ofthe proceedings ofthe League ' s Council ? "That wc put ourselves in communication with several gentlemen , who from their conduct , for many rears past , have manifested their zeal for the cause ofthe people . "
"Sow if the position be granted which could alone _justify such a course , viz ., that there are , out ofthe Chartist ranks , gentlemen , whose precedents warrant belief in tlieir honest devotion to political truth , and in their earnestness to emancipate labour from its oppressive influences , —if thia position be granted , then , I say , tliat the result of such an implied intention would be to lessen the beneficial eiFect of that great moral principle—selfreliance _, look to gentlemen , indeed 2 for the restoration of our rights , and the abrogation ' of our wrongs ; as wise would it be for the working-men to _doTthis , as for the herdsman to expect mildness and mercy to Ms flocks from the insatiable voracity of the hya * na . By having recourse to such aid , Messrs . Clark and Co ., are setting at nought the oft-repeated admonitions of their long tried friend and patron , Ms . O'Connor .
But why were we not told the names of the gentlemen to whom allusion is made ? If they have already served the popular cause , the people would reioice at the invocation to a renewal of their disinterested efforts . If they are of that worthy class " who do good by stealth , and blush to find it fame , " the avowal of their sweet names would afford an opportunity for the expression of the people ' s gratitude . The League ' s Council bnt do their work by halves when they prevent indulgence in such a sentiment . Inthe 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
ofthe Free Trade School . But why do I entertain this notion , and npon what authority am I justified in thus publicly expressing it ? I answer , that the programme of tactics , published by the jiuc _' et" ofthe New League , warrants that opinion , and that the consequent adherence of their sympathetic friend , Mr . Lovett , justifies its expression ; for he is thc connecting link between the working classes , and the respectable and wealthy shams , whose " moderate" treachery , however , is fast losing its baneful influence . I happen to know individuals of that political cire _' e , constituted of respectable gentlemen , manufacturers , retired shopkeepers , and others , ¦ who regard Mr . Lovett as a planet of benignant influence , though of satellite use , in their
politicoastronomical _system . The social and political predilections of these gentlemen are pretty well known to me . I can readily east my mental eye upon one , who , throush the reciprocating services of Mr . Lovett , would , if he has not already , munificently swell the funds of the New League with his £ 5 donations in aid of its " moderate" projectors . Of the extent of his sympathies with the claims , political and social , ofthe working classes , the gentle-Jnan alluded to has given proofs on many occasions . Se , then , among others , will be but too happy to respond when communicated with by the nuclei His inflated purse and shallow philosophy will be equally at tueir service . Bat when I hint to my fellow _working-men that this specimen of
respectable politieaf patronage , has about 2 , 000 factory slaves gratifying his organ of acquisitiveness , and affording Mm the means of _lnxnriating in a rural palace , —the mere rental of whieh would equal the united wages paid to more than fifty agricultural families ia his neighbourhood , —lam sure they will form a just estimate ofthe worth of such patronage . Where and what , I should like to know , have been the services of Mr . Lovett , that his name shonld he trumpeted forth , as if affording a tower of strength to the newly-erected specimen of politieal architecture ? Do the designers consider their edifice insecure withont the masonry of a Lovett ? I aver that Mr . Lovett ' s political precedents have not been such as to secure for him the unqualified approbation of
his fellow working-men ; on the contrary , he has too often followed in the track of their inveterate , but secret , foes , by gently censuring the villany and rapacity of these , while he has magnified the failings of hh own class . He , who may write the biography of Wm . Lorett , will , if true to history , acknowledge _Apolitical error to be—intriguing and associating himself with capitalist-emp loyers , and other pseudo reformers with the view of seeking their patronage , tod dfting their purse , thereby tending to remove from the working-classes the prop of self-reliance , and impeding that energetic agitation which is tne necessary precursor to the _obtainment of their
political and social rights . Thanks , however , to the discernment of onr political brethren , this deteriorating influence has been but limited in its ¦ "Went . The progress of "Democratic , ay , and of " Republican , principles amongst the great mass of the people , and , in addition , the prevalence of Socialist opinions , establishes the truth of this _asfisriion . That these glorious principles may speedily he triumphant , and that my fellow Democratic working-men may not allow themselves to be swerved from their purpose of political and social equality , by the personal ambition , and promised patronage of any set of men , is the hope , Sir , of youre respectfully , - - wndon _, April 22 . - A Dmociui , t
Ernest Jones And His Suffer Ingcompatrio...
ERNEST JONES AND HIS SUFFER INGCOMPATRIOTS . -RR . 'WU'RT . _TONTRS _ATCn TTTH _OTTWK-wto
TO THE PEOPLE . Friends . —While congratulating the good men " and true , whose names appeared in last Saturday ' s " Star , " on their liberation from prison , and restoration to their families , I deplore , in common with others , that some of the ablest and most sincere of your advocates are still suffering the miseries inflicted under tlie * _* * silent ' and " separate" systems , and the other refined tortures of modern " model' dungeon discipline .
Ernest Jones , Joseph Fussell , John Shaw , Dr . M'Douall , and several others , whose names are not so -well known , have yet to count the weary hours of body-killing , and soul-blighting captivity , in the prisons of Tothill Fields , Newgate , Kirkdale , & c . I am but little acquainted with the prison history of most of our unfortunate brothers ; but for some time past , I have been
conversant with facts relating to the treatment and sufferings of my friend , and your Mend , and most eloquent champion , Ernest Jones , which I now make known to the public . I have hitherto abstained from divulging these facts , because heing engaged in efforts to obtain the release of Mr . Jones , I deemed it prudent to postpone that publicity which has now become necessary in consequence of the failure of those efforts .
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 ahout seeking influential aid , with the hope of obtaining from the Home Secretary , a merciful remission of the remaining term of Jlr , 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 somo other members of Parliament , whom he named . I found Sir Benjamin Hall equally ready to exert his influence ; and letters from Mr . Wakley , 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 the release of Mr . Jones , the Home Secretary replied that no attention could be paid to any appeal unless supported hy a medical certificate , affirming that further confinement would be fatal to the life of . the pr isoner . Accordingly , Mrs . Jones made application to Sir G . Grey , which application was supported by 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 tbat he could not " consistently with the rules of the prison , make an order that Ernest Jones shonld be visited by his own medical man . "
It was intimated , though not in the same communication , that Mr . Perry , the medical in-; spector of prisons , would visit Mr . Jones . Up [ to this moment , Mr . Jones's friends are in ignorance of what may have been the report of that officer . In refusing the permission solicited by Mrs . Jones , the Home Secretary further intimated that " his publie duty would not allow him to recommend auy 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 , " lie cannot too soon carry out his good intentions , if such an act is to be of any service to our suflering friend .
The above is but a brief statement of the efforts that were made , hut which is sufficient to convey to your minds an idea of their nature and result . I consider I am perforating a duty on your part , when I thus publicly express my thanks to the 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 his humanity and truly 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 unofficial medical man to certify as to the state of Mr . Jones ' s health . . It is not my design to enter into an account ofthe discipline of Tothill Fields Prison ; for such an account 1 refer my readers to the valuable letters of Mr . Vernon , published in
Reynolds ' s Political Instructor . It is sufficient 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 , heing his fare ; the particoloured cap and convict dress , his clothing . Members of his family only , have been 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 oakumpicking , or to pay a fine , and requesting that his treatment might be made more in accordance with his sentence . The prison authorities burked that letter . Mr . Jones also desired to petition Parliament , describing his severe treatment , and demanding redress . Again
the prison authorities put their veto on his attempt to obtain justice . Prison laws are not made by the Legislature , but by the magistracy , in connexion with the Home Secretary ; and it appears that , however brutal those laws may be , a prisoner cannot appeal against their severity to that power which should be the fountain of all law , and the protector of the injured—the " Hig h Court of Parliament . "
In the spring of 18-19 , Mr . Jones was "locked np , " I presume in what is commonly termed the "black-hole ; "' hut nnder what circumstances I am not informed . Some time in the summer of last year , when the cholera was at its height—the oakum money being due , and Mr . Jones refusing to perform that unhealthy and degrading labour—was sentenced , by the visiting justices , to he locked up in a cell , four feet by six , without chair or table ; with a bedstead of iron , but no bedding ; without hooks ( they even took away the prison Bible ); and , for diet , a small allowance of bread and water . Mr . Jones was ill at the time—on the sick list . He had been receiving infirmary diet for some time
previously , and \ vas suffering from a severe bowel complaint . His cell was due south , and the heat was stifling . Taking into account thia fact , together with that of the instant change from food of a comparatively superior kind to bread and water only , it is wonderful thatthe complaint he was suffering under did not turn to cholera , and doom him to the fate of Williams and Sharp . Mr . Jones remained six days in this "black hole . " On the seventh morning , he was again sentenced by two magistrates—a Mr . Rose aud another—to the same punis hment , for another term of six days —a sentence which , however , waB not carried into effect , as the money was paid that afternoon . While Buffering thepuni Bhmentalready
Ernest Jones And His Suffer Ingcompatrio...
described , the timecame'for Mr . Jones to write his quarterly letter _tohis family ; but he was told thathe could neither write , nor receive any communication , while undergoing that p unishment ! From the month of March , 1849 , to the present time , Mr . Jones has not had a day ' s enjoyment of health . With him it-has been a constant alternation of indigestion , illness , drastic-medicines ; and when thus a temporary relief was obtained , the old indigestion , and all the rest , were brought back again by the old diet . This has gone oh continuousl y , till what with sickness , medicines , sleeplessness , and _tic-dolorenx , the sufferer was reduced to a state
of complete exhaustion . Every fresh attack left him weaker , and with less appetite . By degrees want of sleep resulted in a tendency to fever . About the latter end of February last Mr . Jones , being under infirmary treatment , was sitting before the fire , waiting the arrival ofthe surgeon , when feeling himself more than usually ill , his sight leaving him , and pulse hardly perceptible , he made an effort to reach the door 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 been able to take was two thin small slices of bread and butter , moistened with some
tea . For many nights he had been unable to close liis eyes , even opiates failing to make him sleep . He tried , on recovering his senses . to regain his chair , and had just raised himself before it , when sight and consciousness again left him , and he fell backwards , partly in thc fire-place , with his hack resting against the bars of the grate ; fortunately for our poor friend the fire was very low , he net having had strength to supply it with coals , or the consequences might have been both frightful and fatal . On being restored to his faculties , he succeeded in dragging himself from the fireplace to his bed , where he remained until the arrival of one of the turnkeys , who seeing his alarming condition immediately fetched the
surgeon . My friends , for reasons which I need not express , I stifle my own feelings , in omitting comment on this sad , sad story . Presuming Sir G . Grey to have a conscience , I would ask him , if he should happen—which is not unlikely—to cast his eyes over this letter , hew he can reconcile to his conscience his harsh and ungenerous refusal to allow Mr . Jones ' s family to ascertain , through their own medical adviser , the actual state of Mr . Jones's health ?
It is only just to state , that from the time of the alarming attack above described , Mr . Jones has not heen wanting in good treatment , hoth 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 , TJnder-Governor , Surgeon , and other Officers . He * finds no fault with their carrying out the prison discipline , but to that discipline itself he justly imputes his _suflerings—indeed , the " model "' treatment so much lauded hy 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 Holherry , 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 hooks sent to him by his friends— -tho People's Journat , andEmerson ' s Orations—were refused to him !
I have not heard of late , anything of importance concerning Dr . M'Douall , but itis notorious that his treatment has been excessively severe . In the samo prison—Kirkdale—a number ofthe "Irish Confederates " are still suffering . One of them , as I am informed by a note received from Liverpool , named Soinmers , is so reduced in bodily strength that he is only able to walk with the . help of crutches , and it is anticipated
that on his liberation he will be utterly unfit for labour . The friend imparting this information , adds an appeal to the benevolent to afford to the wife of poor Sommers some pecuniary assistance . " Subscriptions to be addressed to Mrs . Sommers , Hurst- street , or to W . L . Costine , 33 , Clare-street , Liverpool . It is confidently hoped that Sommers ' s brother ' Confederates' will take a share in this work of humanity . "
You will perceive , friends , from another portion ofthe " Star " that a public meeting was holden on Tuesday evening last , at the John-street Institution , Filzroy-square , when a memorial to the Home Office was adopted , urging the justiee and humanity of releasing the Chartist prisoners yet in confinement . I invite you to immediately follow that example in your respective localities . Should our memorials only elicit the official reply too usually accorded , we must next petition Parliament on behalf of our friends , if only for the purpose of making known their sufferings
and the hard-heartedness of their persecutors . From the fact of Ernest Jones , Dr . M'Douall , and others of commanding talents and popularity , not being included in the list of those recently liberated , the conclusion must be drawn that they are punished with greater severity because of their influence with the people . It is wonderful that rulers will be so short-sig hted . Sir George Grey and his colleagues might know that their merciless treatment of able and earnest men can have no other effect than to make , those men the more " dangerous , " and the more-than-ever determined enemies of " things as they are . "
If this letter is mainly occupied with the case of Ernest Jones , it is not that I have less sympathy with his fellow , sufferers , but because I know more of the circumstances connected with his treatment . I may add that , in dwelling upon his case , I have at the same time pourtrayed the cruelties to M'hich the others bave been subjected . I may be pardoned , however , for saying that , in addition to the heartfelt sympathy I entertain towards all our brethren suffering for their political opinions , I have that sentiment for our _gallant and excellent friend , Bmetsb Jones , which becomes me as his old colleague in the press , and on the platform .
Trusting that he and his fellow victims may , through your eftorts , 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 , — the cause of Justice and Human Progression . I am , my Friends , Yours Fraternally and Devotedly , G . Julian H aksey . Amul 25 th , 1850 .
Tire Iate Warlike News From Russia Is Co...
Tire iate warlike news from Russia is confirmed by all the German and Austrian- papers . The Russian troops on the frontiers of Prussia are quoted at 160 , 000 men , and strong reinforcements are said to be marching up . 50 , 000 among them are Basp & ir and Circassian horsemen ;
O'Connor , M.P., V. Bradshaw. Court Of E...
O'CONNOR , M . P ., v . BRADSHAW . COURT OF EXCHEQUER . -Ar m * 23 . Mr . Sergeant Wiumra applied to the court in this case ior a new trial on the grounds of misdirection , rejection of evidence , . and that the verdict , was -. gainst evidence . The motion was part heard on Monday , aud proceeded with at the sitting of the f ° | f ° V Uesda _- ' ' _moi'air > g . The action was brought by Mr . _ieargug O'Connor against the proprietor ol a _JNotti-igham newspaper , for libel . The case was tried before the Lord Chief Baronand after _occu-^ .. . ; _.-..
, pying the court for three days , the jury returned a verdict for the defendant , accompanied by the unanimous resolution that , in their opinion , the personal honour arid honesty of the plaintiff was unimpeached . In conducting tho case on behalf of thejriainhff , he ( Sergeant Wilkins ) complained that he had strong prejudices to contend with , and those prejudices had been aggravated by tho manner in which the learned chief baron left the case to thc jury . The learned judge addressed tho jury for two hours and three quarters , giving essays on various _SllujGCtS _.
_i'he Chief Baron . —Yes , brother Wilkins , but tue counsel at both sides made speeches of equal length , and _l had to go through all the evideneo taken on a three days ' trial . ' . '¦'¦• i Sergeant Wilkins . —My lord _. l ' do not comp lain o tho length ofthe summing up , but onlv of how little 01 tno timo which it occupied was devoted to the question at issue . Proceeding , however , to the specific grounds of complaint , he contended that the _declarationa of the plaintiff , published in thc MrtnemStar _, of which tho plaintiff was proprietor , had been _imuroDerlv _roiflflted _. _Onn nf thn
charges against Mr . O'Connor was , that he had purchased lands with tho monies ofthe subscribers to tins Land Plan , and had these lands conv yed to his own use without any declaration of trust . _?"" . , P a"t ofthe plaintiff it was proposed to prove that he had in a dozen different letters , signed with his name , and published in the Northern Star , declared that he held the estates in question in trust for the subscribers ; but thia evidence was rejected . Baron _Platt . —Was fche only declaration of trust that which was published in tho newspaper ?
"Mr . Sergeant Wilkins . —In the newspaper , my lord ; but we proved tbat it had been inserted thereby Mr . O'Connor ' s direction , and with his uame . 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 forthe
National Land Company . One of the purchases was said to haye annexed to it " a splendid baronial hall , " and the paragraph 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 thejury 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 of the question .
Chief Baron . —Surely it did upon the question of damages . Mr . Sergeant Wilkins . —But it was not so left to the jury . On several occasions in the course of the learned judge ' s summing up , and when interrupted bj him ( Mr . Sergeant Wilkins ) and reminded that the only question at issue was the bona fides of Mr . O'Connor , the Lord Chief Baron said , "No doubt it is a question of bona fides as regards Mr . O'Connor , but it is equally a question ot bona fides as regards Mr . Bradshaw . " The only question wns whether Mr . O'Connor was an honest man ; the
jury found lie was an honest man , and then found a verdict against hiin . The Chief Baron . —I certainly commented upon the situation in which Mr . O'Connor placed himself as the holder of other people ' s money ; but I did not consider the charge against him was that he was personally dishonest , and meant to apply to his own use the money paid him by tlie 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 thejury meant .
Mr .. Serjeant Wilkins could not suppose the Chief Baron remembered the inany severe expressions used by his friend Mr . Roebuck , and in a manner peculiarly his own . Did not Mr . Roebuck say that Mr . O'Connor did not complain of being called a political impostor , he had been so often called 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 own pocket ? The _Cuikf Baron . —He certainly did use these expressions , but yet I did not understand him to contend that Mr . 0 ' Connor had appropriated any ol this money to his own purposes .
Mr . Sergeant WiLKiNs _' had forced his learned friend to admit , in the end , that not ono shilling of this money had stuck to Mr . O'Connor ' s fingers ; but the verdict was for the defendant , and he could come to no other conclusion than that the jury arrived at that verdict because they were told they might consider Mr . _Bradshaw ' s bona fides , The next point on which he complained of misdirection was , that the Chief Baron left it to the jury to put a construction on the plea of justification , instead of doing so himself . The Lord Chief Baron , m summing up , and going through the various statements in the plea , proceeded thus : — - " It ( meaning the plea ) goes on to state that , by reason of the premises as aforesaid , 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 not 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 givo 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 that ought to have been stated , then the plea is mado out . But if you think be meant personal dishonesty , then you must decide whether the plea be made out ; but the two propositions are by no means identical . "
Mr . Baron Parke . —The Chief Baron thought two distinct views might be taken of the publication alleged to b a libel . If looked upon and referred to as a scheme of a public nature , then it was a proper subject for fair comment ; and if the publication did not exceed fair comment , tho 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 thi ; Chief Baron ' s direction . What he now submitted was , that his lordship left it to the jury to put a construction upon thc plea of justification , whieh was his own exclusive province .
The Lord Chief Baron . —I certainly adhere to the view I took at the trial . I ' thought tho p lea went to the extent o justif ying tlie charge of dishonesty in reference to this company , as a public scheme , and thejury were to determine how far it was proved by the evidence . Mr . Sergeant Wilkixs said thejury had found , in fact , that the plea was false , for they said no personal ¦ di shonesty could be imputed to Mr . O'Connor , and having that view , he could not conceive how they could have found a verdict for tbe defendant , if they had not allowed the question as to Mr . Bradshaw ' s bona fides to enter into their consideration . The next point of misdirection which he insisted on was , the Lord Chief Baron ' s positive statement that the National Land Company was illegal , as coming within the
lottery acts . "Now , if this company was within the lottery acts , so was every building society and money club . It was the opinion of some counsel of great eminence , however , that the society was not _illegal , and in point of fact the 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 all doubt it was illegal , and no doubt supposed that as Mr . O ' Connor was a barrister he must have known it , though he presumed thc court would agree with him that this did not necessarily follow . ( A laugh . ) II it only stood upon this point , he thought the court should grant him a new trial .
The Chief Baho . v . —If tho court where this is to be decided should hold that the society is illegal , surely that would be an end of thequestion . On the other hand , if the legality ofthe society should he established , there is an ond of thequestion . Mr . Sergeant Wilkins contended , that as the subject was about to undergo discussion , and was nearly ripe for judicial determination , ho was entitled to a rule nisi fora new trial . Tho last point of misdirection wliich he insisted on arose upon a clause of the Bankruptcy Act , 6 Geo . IV ., c . 10 , Si 70 , 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 tho ( rust estate or funds to ' other trustees , who should hold them upon the same trusts as they were held upon by the bankrunt ., This being the state of the law the Lord Chief Baron had informed thejury 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 Land Company , would pass to his assignees ; and his lordship further informed the jury that the shareholders in this scheme could have no relief in equity , because it was illegal . He submitted , ' in conclusion , that the Chief Baron ' s
O'Connor , M.P., V. Bradshaw. Court Of E...
direction on those several matters was not well founded in point of law . . ' Mr . Baron Park ** . —If the jury took the view thatthe alleged libel was a fair commen t upon a scheme of thia kind , the verdict ought to have been entered on the plea of not guilty for the defendant . Mr . Sergeant Wilkins . on behHY of the plaintiff , would have no objection that tho verdict should bo entered for the defendant on thc plea of not guilty , if the plaintiff could have the verdict entered for him on the plea of justification . . The Chikf . Bauos : Well , perhaps the counsel for the other side will consent to that course . _..-.. _... _.-.. .
Mr . Rokduck and Mr , Baglbv , who wero 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 should pay for the conscqueuoes of any mistaken view taken at the trial . The Lord Chief Baron . —I thought , brother Wilkins , it was ail a question of character ? Mr , Sergeant Wilkins . —Oh ! no , my-lord , tho jury disposed of that ; they found that tho plaintiff ' s honesty was unimpeactied ; but there are certain golden fetters binding thc plaintiff , aud from which he ia 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 merel y to g ive you an opportunity of coming to some arrangements as to costs . We understand you to move for a rule upon the grounds already stated . The court will take time to consider whether thoy will grant a rule . Judgment deferred .
—' ^^Sg^**— National Land Company. Court...
— ' _^^ Sg _^**— NATIONAL LAND COMPANY . COURT OF QUEEN'S BENCI 1 . —Aran , 24 . ME NATIOKAT , LAND COMPANY V . WHITMARSn . Mr . Peacock , Q . C ., and Mr . Macnamara appeared for the plaintiffs , and the Attorney-General and Mr . Welsby for tho defendant . In this case , _n mandamus was issued calling onMr , Whitemarsh , registrar general of Joint "Stock Companies , to show cause why he refused to grant complete registration to the National Land Company , and to grant a certificate 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 m a manner not in accordance with the provisions of the Joint Stock Companies Act , which was an act for the formation ol" Companies for commercial purposes , and having commercial profits in view ; and that the Company was contrary to the professed object for which it was formed , namely , the purchase and allotment of hind ; and was essentially within the meaning of a " chance lottery , " and as such contrary to the statute rendering lotteries illegal , and therefore not entitled to registration . To this return demurrer was put in , and tho case now came on for argument .
Mr . Peacock , in support of the demurrer , said thatthe Company had already been Provisionally Registered , and that a deed had been drawn up for the purpose of obtaining a complete registration of the Company , the whole of which deed was set forth in the mandamus . Before a Company could be completel y registered , a deed must be signed by one-fourth of the shareholders , and that requirement had been complied with in this instance . But it was asserted that the Company was illegally associated , and that the _allotmonts of land were to be delivered by the chances of drawing . He would show that it was not . Suppose in a deed a certain number of persons associate themselves together to form " a Company for the
purchase and distribution of hinds . " If they could purchase the lands at once , they could be divided at once amongst all the shareholders , * but , inasmuch as they could not be purchased at once , the directors in that case would have to divide the lands among a certain number of the whole body , reserving certain rent charges , which , when the land was gold , would be applied to the purchase of other lands , to be divided among other shareholders . Now that was the case here . 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 thc shareholders . The five per cent , was an investment , on the part of tlie shareholders , for the purchase of lands , and thc alloments wer « intended to be allotments not to a few individuals , as in a lottery ol chance , but to all , from
time to time , as tha Company might become purchasers of land ; so that , in point of fact , the Company were the purchasers and sellers oi 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 tho benefit of all . But how , it was asked , where they to divide the land and house which might be thereon f 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 waa tho mode laid down in the ' second volume of Blaclcstone ' s
Commentaries , p . 188 , forthe partition of lands _arnon _^ parcellers . A rent-charge was fixed opon one portion ot 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 thia Company subscribed to an illegal transaction ? If so , then they could not recover their money from the Company , and if this deed was illegal , then all the money invested in the scheme was lost to the parties . But he would show that the deed was not illegal . The earliest statute on this subject was the 10 th and Uth 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 be subject to a penalty . " There was also a penalty by the third section . Now , the question was , what lotteries were those ? They were lotteries set up by persons for the purpose of obtaininsr 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 tho parties on the uncertainty of drawing . This was a Company purchasing land and _selling it amongst themselves . Lord Campbell . —Suppose , Mr . Peacock , that 100 persons subscribe to buy land , and that they distribute it among ten , would not 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 Campbf . li ,. —If all persons enter into a scheme by whioh 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 be determined not by the uncertain of a lottery . The word " lottery" is a word ejusdem generis . Tlie Queen v . Scott , 8 Jurist , p , 473 , contained a decision on the point , which turned on a benefit association . The other statutes which bore on the question . of lotteries were tho Sth 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 moaning of those acts . The 8 th George I .-, by which any person setting lip a lottery was subject to a penalty of £ 500 , did not at all appear to him to apply to a case like tho present . There were a number of persons opening an office , in the Scheme of which all were to be subscribers of " chance , " and . one was to have all the benefit of the whole , in the drawing of a lottery ; but here every one was to havo an equal share with tho rest . IIo
apprehended , also , that this was not a sale of lands ; but if it was a sale of lands , then the Company , who was the seller , got the lands . His learned friend ( the Attorney-General ) held that the person who got tho land was tho purchaser ; but that was not so , ho was the " vendor . " The whole Company were the purchasers ; the one took the land , and all the others took the rentcharge , at the rate of 6 per cent , on the whole amount of the _purchaso money of tho land and improvements . He 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 the case of Silver v . Barn , 6 Bingham ' s New Cases , p . 180 , wherein a benefi t society raised a joint-stock fund , by way of " loan , " at five per cent , interost , and in which the advances were put up for the bidding of the members of the society .
Lord CAxirBELL . —That was an auction rather than a lottery . Mr . Peacock . —In that case the members of the society all held an interest in the loan , and a new trial waB' moved for , but was refused , the court being of opinion that'the loan was from the funds bf the partenerBhip ; and Lord Chief Justice Tindall ,
—' ^^Sg^**— National Land Company. Court...
on that occasion , said that there had been no loan , but merely an advance out of _: tho 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 wero some instances where some of the subscribers did not get . prizc 8 . Mr . Justice Wioiitman . — -Not so ; for in that scheme there were all prizes . Mr , Peacock . —There were some blanks , I think , for I got one . ( Laughter . ) Thc Court again corrected the _" . _learned gentleman , who said , "then if all are prizes , some are verygood prints , and some very bad , " ( Laughter . ) But here , if the sc heme were carried out , each person would get an allotment equal to that of his tellowThe . . , ; . . ; ¦ . ..
. third question raised was , whether the company was a banking company ? He did not know how that was to be made out . The Attohnky-General . —It is set o _>; t in the return to the writ . The deed was for complete registration as a National Land Company ; but it appeared that they were carrying on the business of a banking Company , and he ( the Attorney General ) contended , that having become known to the Registrar General , warranted him in refusing a certificate of registration to 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 tho 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 ofthe deed . Mr . Peacock . —That , my lord , is all : and if tho Registrar would grant them registration , they would be bound by tho terms of the deed . Lord Campbell . —If the deed is in express terms , then the Company could be prevented by tiie Registrar from carrying on any business not in the deed . The Attorney-General . —The Registrar , when they came to him to ask for complete registration , said , •¦ No ; because before you camo to mo , and when you were provisionally registered , you did an illegal act , which renders you liable to a penalty . " Lord Campbell . —Thero was no pretence for saying that under the deeds a banking company could be carried on .
Mr . Peacock did not see anything in the deed which implied the carrying on the business of banking by the Company , and inasmuch as they had not done anything unlawful , he hopeu tho court would be of opinion that the Registrar-General ought to grant complete registration . The Attorsey-General felt it to be his duty to oppose the application and thought he could show that the Registrar-General was right in the course he had taken . The National Land Scheme was , in his opinion , decidedly illegal , for 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 the case of every lottery . He would , he believed , be able to satisfy their lordships that , on the first point , the object for whieh 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-Genera ! 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 bad their own act , and were governed by it . He could not see how the National Land Scheme could be considered as constituted for
commercial purposes . Lord Campbell . — It is quite clear the company is associated for the purpose of buying land . The Attorney-General . —Yes ; but if a Company carrying on business as this Company carried it on , departing from the object which it professed , was to be deemed entitled tb registration , the principle would be productive of much , ill-consequence in relation to other societies . Lord Campbell . —If the Company be registered , are they not trustees for all the shareholders ?
The Attorney-General . —Be it so , my Lord ; but the lands are to be disposed of by lot , and if one party gets a groatcr 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 _tojby 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 _believed it wouid be illegal to do .
Lord Campbell . —Until the Registrar does that they are not properly a Company . Tlie Attorney-General . —It is alleged in the return that they are carrying on the business of a banking company , and surely if they are a Company for the purchase of lands and houses , and arc carry _« ing on the business of bankers , the Court would not , 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 _Amorjiey-Geshjiul thought the proceedings a departure from the constitution of the Company , and as such an illegal act , warranting the Registrar to refuse them registration . Mr . Justice Wioiitman . —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 tbat for the object under consideration they wero not in a legal position . The learned gentleman referred to several authorities , and concluded an elaborate argument by submitting that the Company was not entitled to registration . Mr . Peacock replied , and referred to the 7 th and 8 th Vic ., c . 110 ., which gave the parties a power to form themselves into a Company .
Lord CAMrBBLL said the Court would consider the objection as to the Company being for any commercial purpose and purposes of profit or lottery , but as to any other purpose tho Court did hot think it necessary to consider the arguments or point to advanced .
The National Victim Commit Tee To The Fr...
THE NATIONAL VICTIM COMMIT TEE TO THE FRIENDS OF DEMO CRACY .
Brotheb and Sisteb Democrats , While we most cordially thank those who have dono their duty , and are fully aware of the many appeals whicli have heen made to tlieir sympathies , we consider it to be our duty to address you on the present occasion . We aro most happy to state , that twelve of our brethren were released from their dungeons last week ; and we regret to add , that many of these patriots who have suffered most acutel y in the cause of truth and justice , had on their liberation to return to desolate homes , while others had none to whom to apply for shelter ; and further , through the existing prejudices ofthe middle classes , many of them cannot obtain employment , consequently , they are _hott
reduced to greater destitution and privation ** than when thoy were under the tender care of onr merciful W hig 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 , FuBsell , Shaw , and other bravo patriots , aro still subjected to all the horrors of imprisonment , and that their wives and families are looking to , and require , your support ; not forgetting those whoso fathers have been torn from their native land , and also those who have lost their only protectors , their ' lives bohig 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 will notjeopardise their valuable lives , by neglecting to supply the small amount required for that purpose during the brief period that remains of their imprisonment . In conclusion , wo again call on you in th _$ name of justice aud humanity , not to delay in responding , reminding you to "do unto others as you would have others do unto you , " ' Signed on behalf of the Committee , _,, „ , John Arnott , Secretary . 14 , bouthampton-street , Strand , April 25 th , 1850 .
P . S . —lhave much pleasure , in stating that Francis Looney , convicted of sedition , and sentenced to two years and two months imprisonment , has been this day liberated from _Horgemonger-lane Gaol . J . A . -A
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Citation
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Northern Star (1837-1852), April 27, 1850, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns3_27041850/page/5/
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