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THE BRITISH AMERICAN ASSOCIATION . ] Hassios ^ Hotise , London . —In consequence of the j ftdvice given bv Iaeniensnt lean , the Government ] emigration SjrenV Mr- H- Fretwell , the captain of the BarbaQoes brigi -which some months afo left the port of loadGnwitlr emigrants for Prince Ed-ward ' s leisnd , and Mr . X > . Campbell , the owner of the ' vessel , -we ? o BnmEcsea before the Lord Mayor yesterday , to answer tiie complaints of several of the uflfortanate persona Trfco had brokeimp their « atabliahtDents In tMs country * nd engage to 50 to that remote rejjion it the Barbadoes , vnZet the sanction of "fee Brii&k American . issoattioji ^ jnB- ^ fiagce-raein -srss densely crowded -aafiBTtEe ~ ln ^ KsatioQ . ^ hica l asted -a great length of time , and etesr 3 y showed ^ tbat the -wkole sffi&isd "been a gross ntrBib&s upon the -pooi < men and their ' lamuiea . Ksmsrfcatile excitement -waa ^ aused amongst Ojnep jtJ = ^ * ieard the particulars .
- - . &- _ i ? retwea , -who ws the firsfcquestioned by the X i £ ayor manifested tf- - ~ most lardable desire from tL-9 oonasencement to 5 ^* a lull explanation aaftsas be Tras-eonceWOG . In ssvrer ta question *; put by bk Lordship , "Hesidlbat he bad been enraged at SraTesend to ia&e She -coErrnand ot the vesselto Prince Edward ' * Island , and he aaSed from tbe Ito-wns on jtha -1 st ¦ of JToreinbEr , 18 i 2 , trith fifty passengers < men , women , and children ) . When the vessel reached forty-nro -degrees Treat longitede , Bhe encountered heavy ¦ wiB&s « nd seas , ana -wae so dreadftdly "battered as to "be ^ obliged to put bad : to the nearest eligible port , -which Tnu'Corb , a distance of aboat 1 , 300 rnDea . On the : 22 nd of Beeembar , * he reached Cork , -where she re-¦ aaaiBed " nntH tbe Blh-of April , -when she sailed for Xonden , leaTingtjebind ber in Cork some of the-emi . grants , ^ nt brushing to Xondon about thirty of them , -whoTrere at the present montsnt lodging and boarding iir her in the IVcndon Docks .
The Lord Mtyor having ascertained from tfleCaptain -toe uatnre of the Ssmage suit&ined l > y tbe-vessel , wasted him ^ rhat money- fce had received ^ from the
^ passengers * ¦ esptainJFrttwen replied that he had not received a ¦ farthing from any passenger , nor had he received a ¦ farthing of pay since lie bad joined the vessel . He had -caused all tfce repairs to" be done to her in Gork . The Xord Mayor—How Teas she provisioned ? Captsan &etvf ell slated , that bo reasonable-complaint -wold be made as to ths ^ wmsians , 'which 'vere abundant and unexceptionable . Tfee repairs , however , -went -on-Tery aloTrly , for the agents in Coil : began to suspect that they "sronld net-easily procure remtmeration -for their Wiay . The British American Association , in the
-mean fime , sent to bira to state that the Teasel srnat all ontbBSOth of March , and he made every preparation in-hia power , when ha received an " intimation Hat stems not to proceed . He paid off the ship ' s company at Cork , and consequently had on board only ihe wt » , tfaexte-wsrd , the emigrant * and himself . The emigrants never expressed the slightest dissatisfaction at bis conduct ; on tb-9 contrary , they -were convinced lie tad done all lie cooldfor their service ; bnt they -felt and expressed bitter disappaintmeRt ' &t the manner ia which they had ^ Been treated by the Association and those -who acted Tor that body .
-TfeeLwd Mayor—^ Md yon expect that you would -leach"Prince Edward " s Island at that season ? GaptainFretweB—1 asLsnre that if we had not met -Z&ch Berets Treaties ( for there have not been such isa-ry gales on ifee -coast % f America these ten years ) , "me . should have saade the passage . We -were siiffici entty manned , and had eTerything of th& best quality . 'I haTe been oftoirto-S L John ' s in New Brunswict , and "to "MirftTnifii ? , and-I know -we sboald hsTe susceeded . "Wben ve-were onrthe edge of the banks of Newfoundland \ re all agreed ,-in conseqner . oe of the necessity of the -ease , to bear for a port ; and , after consulting ; with -the -sopermtendent of the emigrants , and -with the emigrants themsehrea , all of whose protests I received , -we-acted accordingly , ^ ie XdKD 5 Lwos .-iYon nnderstood the -nature of the Toyage you-were going ; -was it cot a -very late enef
Captsmrreirwell—It was late far eBaigtants , but I liave no doubt it would havB been effected if the weather bad liot been- « o bad . We arrived in London on "Sunday last , and theTessel is now in the London Socks , and the emigrants are in ber , 1 hare done nothing -with them , and I do i . ot « sujder myself any longer in-com mand . The Lord Mayor . —And who is in possession of the vessel ? - Captain Fretwdl . —Mr . Boames , > rho has a mortgage ¦ nponier , has pntina ship-ireeper . "The Lord Mayor . —• The-rommona handed in states that ¦ jaa unlawfaDy attempted to force the emigranta to leave the ship . Captain EretwelL—I never contemplated anyfhbag of "the kind . I have no poorer whaterer in the ship . I have paid off the runners I hired ioths Cove of Cork , -where I discharged the able crew I" had to go the Toya ^ e .
The Lord Mayor—5 on have answered eTory inquiry is the most candid sad straighTcn-ward -way , im ^ there is no charge -whxteTer established to yonr prtjudioe ; but wlaat a » thesa poer men and their families . to do "who "h ave calculated en the allotments « f land , and 'thrown up their situations in tfr ™ country ia the hope ¦ of bettering their condition ? -T . ipntgrrra-nt . t- qm-h , "meiSovcmment emigration agent , sM he had heard the emigrants speak- in the highest terms of the conduct of-Captain s&etwelL -Ibe Lord Mayor , then questioned Mr . D . Campell at ocaisiderable length . Mr . Campell stated , ia anrwer to his Lordship , that ie was , s Ola owner of the Barbadoes , BUrjert ts a Mortgage to ilt Sooines of ^ £ 15 . The ^ Lord Mayer—Who were t 5 e persons who en-^ sg « d to take ou t the emigrant *? :
. Mr . Campbell —^ Tha prtnsipal managers of flie British American AESOciafion , Sir B . &ovn , Sir W . Ogilvie , and Dr . Koifs . The skip -was chartered by me to these three commissioners to take out emigrants to Prince Sdwards Island—all most respectable men , but not Tery rich , of coons—{ a linph ) . They engaged him to provide the emigrants at £ 8 per ™«« , and half-price fot < iuldren , with food and passage eut . He provided the ship by a contract with Measra .: Leslie and Smith , the extensive provision merchants , with meat , bread , flour , && , at £ 2 10 s . per bead , iverytiung that "was requisite for the voyage was , according to the Act of Parliament , most abnnda&Qy supplied . The cargo , ¦ w hich , vu Tery valuable , -wag i > oaght upon , credit ; but 3 Qow tile association is broken sp altogether , and I have sever received a fttTft ^ ng . 1 Jtaye lost th « ship and * verjthi 3 g else .
Ihe lord Mayor—I find in -this printed paper a somber of great Barnes , the appearance ot which waj -c&lculatd to inSuce people to believe that the association was a bane-jide one . There are attached the names ¦ of a duke , 15 lords , and nearly « baronets . ^ l ou are Amongst the commissioners , and the emigrants -complain that you fcsve not pertermed jour contract . Mr . < Jampbefl—It -was impossible -for me to perform it Ihe association is completely "broken up . 33 ^ re have been sBveral executions put into the house in fridge-street , and o- » ing to what passed at the Mension-bonss in October last , the Dn £ « of Argyll , the president « f tb& oooisJy , hasra 3 ? n 6 d . There are action at Qiis moment gokif on against the Dnke of Argyll , ihs Marquis of Doweehire , and Sir Jmebb Colborne . The Xord Mayor—2 iis paper ceutaiss a list of first » Se names . Mr . Campbell—Tes , bnt they are broken up altogeaier
The Lord Mayor—The association may be broken up , fet these uebiemen and _ ? eatlemen are net broken ap ! Axe all tiess shareholderc ? Mr . Campbell—Kb ; they are only the vke-presiden ! and consulting-conn ciL The Lord 3 £ ayor—How much of the milEsn capital lisa "been paid -op ? mx . Campbell—None at aE . Nobody paid « p at all . The Lord- Slayer—" Now , as yon are a director , yon eaa let me know -what the plan was -with reaped to those emigrants if yon had get them out to Prince Sdward ' a Island J Mr . CampbeO—Twenty houses iad bsen prepared by the association to rac * ive them , End they were after-¦ wards to ba located there by ear ag ^ nt , Mr . Goodatan , jua , a gentleman in srhosB faleete and qualificaticns -we have the utmost reliance . The Lord Mayor—AEd what -was tfeen to become of them ?
Mr . Campbell—They srere to build snore houses , and ¦ work in olher ways , and to be regularly iocated . The Lord Mayor—And how ' were thsj to be subsisted 1 3 li . CampWJ—There -was a month ' s esira provision going out , »» that thsy would iw provided iat a month after bmding . Tha Lord Mayor—And thea take their chance of atsrvaaon . Tbat is certainly % frightful alternative . These poor men iave been deceirad by Hie locg list of ^ ames , and are now thrown into the most serious oiinculties . Mr . Campbell—I have been detelred myself most e ^ ously . As to ihe montb ' s exta provision , the geurtmtbe . is to give extra provMou for only a few SfiSSS ^ eas . odatiouinthiBadopteda « BmstaMesmay die of sheer i ^ KaSi ™ 1567 ""^ * " *
. tA ^ JJ ? ^""* ^^ » V- EniigHats are not faien out to ihsa desaoifiDn m s ^ h liberal terms 3 te vessel was singularly unfortunate . ^ 0 ^ SE 'ifS" ?** * - 8118 ** *** fortnight later iba trould , I entertain no doubt , have ^ de S yoyage . : M * . George Heulsy aad Mr . Taylor , two x > t the 1 S 3 P * % k' l . ZS in !« m S e B * m «« , iere stood ffor . » BP ^ . T&ey ; 8 tated their great objeet inbriagWttie wejetee as Lord Mayor was to aweto nZ wl » a the perioBs xesponaibm ^ to them could be Xxsd . : ThB £ « d Major—Have either of yon paid money , Jjc * 1 & 9 voyage .
; Jfc 2 ayl « » aia ttafc ba had paid 450 fop himself _> £ ? Jbs twafly ^ of eight children to Mr . Dackenfleld ^ j ^» ta 3 L ** 6 e association . . " ^ "W ^ q ^^ tsted that he was introdncsd by the ! BWgsn' ~ A w * s 5 * Bea to 2 Ox . Balden , whenu they «• knowiediadas V ^ ^^ Md he en « afed to pay S 53 aaA i » 1 l > P 3388 ? 6 ' ' *»* *» instalmeats in file island . — - The Lo « a Mayor—What ^ ^ misciief arises from ibe Bw c * M ^ i Barnesia-casC ^ & ^ ^ PSd j I have no
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doubt that the noblemen and p antlemen whose names appaar on this paper were whol jr igi . orant of Ibe nature of tbe proceedings to "which it might appear they lent tteir aaucUon . Mr . Taylor saidnehsd seej ji in a newspaper an ae « count of tbe meeting in Ficotland , which * bad > been attended by some of ttie m ost respectable iudlviduals , representing the plan of emi gration , and the advantages witii which ^ t afeourcied , » jad he was deceived into the belief that the whole was ( "delated by the most bonoursble fetbiiacs . iDoder thesti circumstances be determined
to go to Prince 335-smd ' a Island , and he made bis arxangejoent accordingly . "He bad suffered both mentally tmd physically in an extreme degree . Tbe case of all the-eeaigrants vras now becoming desperate He-was gives , to understand that it was the intention of the mortgagee to sell tbe ship and cargo , and to turn tbe emigrants , who bad not one farthing in their possession , completely adrift . A representation had been made to the magistrates in Cork on the subject , and those ginttenieii were of opinion that the owner was as Mable as 'be would be ia tbe case of a seaman ' s
"crages . The-Lord Mayor—There is no man more respectable or huBJ&ne than Mr . Soames , so that you may rely upon it that he will do you justice . * Mr / Campbell said , that Messrs . Leslie and Smith also hsd a mortgage on the vessel . He did not think the emigrants ought to make any complaint nntil they were dispossessed of theii asylum on board the vessel in which they were at present supported . The Lord Mayor—What ! not complain when they are threatened with being thrown upon the streets to starve , or to hurry in a crowd to the workhouse ? It is quite-absurd to talk in such a manner . Lieutenant Laan said it was officially announced to him on Tuesday , that the provisions would be stopped , I and no doubt the emigrants would be obliged to leave : the -vessel .
The . Lord Mayor . —I cannot , looking over this prospectus , conceive it possible that any of these individuals would suflsr these poor emigrants to be imposed upon . Mr . Campbell—How conies it then , my Lord , that they have done so ? The Xord Mayor—I dare say tbas some of these noblemen have , under ibe impression that the association was calculated to do good , allowed their names , from a benevolent feeling alone , to be used . I am convinced that not one of them ever dreamt that a number of 3 > oor emigrants -weuld be Bent out to an isolated spot with a month's provisions , to run tbe chances of climate and tbe various contangencea to which persons in a country unknown to them must be subjected . It was here stated that the Daks of Argyll took the lead at all tbe public meetings , and made no secret of attaching his high name to the acts of tbe association , and that his Grace's correspondence with the late Lord Mayot clearly proved that fact
Sir J . Pirie , who entered to-waids- the conclusion of the itiYt-srlgation , said that the vessel was originally mortgaged to Mr . Soamea , and that it -was now mortgaged to Messrs . Leslie and Smith , -who , be had not a doubt , would sell tbe ship at once . Indeed , he had had the information from thesa gentlenitn themEflvt-a . He did not thick lha ship was by any means accountable in this case between the emigrants and tke associa tion . The Lord Mayor . —I am of a different opinion . I think these poor men have a legal claim upon the fillip , and that the ship cannot bo taken away with : out the fulfilment of Ibe contract li it were otherwise the most dangerous and extensive frauds might be committed upon that pretext . This is a case in which I would advise yea by all means to have legal advice .
Mr . Taylor . —I am reduced to pauperism with my large family , and cannot afford to employ a lawyer . I have not only lost my passage-money , but I have been obliged to spend she money I had put together to apply to tbe purposes of labour in the cultivation of the land I expected to hold . Tie Lord Mayor . —I shall persevere in this inquiry , to render you as much service as 1 can . Pray Mr . Campbell , how many snares did those noblemen and baronets take ? Mr . CampbelL —> one at all . —( Laughter . ) The Duke of Argyll and Sir James Colbourne were the only two ont of tbe whole list who signed their names for ahsres . They signed for shares to the amount of £ 500 each . The Lord Mayor . —And with this £ 1 , 000 yon start the association ? Mr . Campbell . —It was started long before I had anything to 4 o with it .
Mr . Henley requested that the Lord Mayor would postpone the ease for a few days , in order that the attendance of tile secretary and a Mr . Andrews might be produced , and also that Mr . Campbell might be called upon to produce his books , which might explain the case more folly . Mr . Campbell objected to produce his books , and said he would not allow an ; - ene to overhaul them . The Lord Mayor—I shall postpone the case certainly , and I hope that some satisfaction may ba obtained . 1 am decidedly of opinion that yon have a claim upon the Bbip , and that she is bound to leave yon at the place of your original destination . I suppose you would still go to Prince Edward ' s Island , Mi . Taylor ? Mr . Taylor—I should not wish to go without coming to a more dear understanding as to the po ~ er of the Association . I understand they have not an acre of land in Prince E-3 ward ' s I sland .
Tbe Lord Mayor—What , no land there ? Is that the case , Mr . CampbeD ? Mr . CatupbeU—Sot a single acre , » y Lord—( langhUr ; . Mr . Henley—They bargained to sell me 150 acres . The Lord Mayor— It is quite impossible that any of these individuals wh > S 3 names have been used in this list could have kno-wn ot all this . Why , it is a mostdecided and heartless fraud . I woild send the cc . icoctora of it to Prince Edward ' s I sland , with a month ' s provisions . I consider the emigrants tbe dupes of a double conspiracy . Mr . Campbell—My Lord , I knew nothing of these things . 1 have found them out to my heavy cost I have lost my veesel and money , and ihere are twenty actions against me . The Lord Mayor then directed that all the parties apps « r before him in a few days .
On Friday , Mr . KetUeship , of the house of Palmer and KebBeship , of Trafalpar-sqnare , nolieitors to His Grace the Duke of Argyll and Sir James Cockbura , wait-jd apoa the Lord Mayor , and banded to bis Lordship a letter , whick be trusted would find its ¦ way into tbe newspapers . The foBowifig is a copy : — " 4 , -Trafalgar-Equare , April 20 , 1848 . " My Lord , —Our attention his been drawn to a report in Tht Times of certain proceedings which toofe place before your Lordship yesterday , at the
Mansionhouse , with reference to the ship " Barbadoes , ' and as ihe names of the Dnke of Argyll and Sir Jas . C ^ ckbnrn , tru whom we have the honour to nppear , have , in tbe course of these proceedings , bee ^ n » ost unwarrantably made -aee of , and in such a manner as to create an impressios that tbej not only were aware of the arrangements made for sending ont the unfortunate emigrants in this ship , but had , indirectly * , et least , sanctioned sueh a proceeding , we -take the liberty , in joEtice both to tbe I > nie and Sir James , to atate , most unequivocally , that thsy were both utterly ignorant of th * intention to se ^ id o'afc those poor deluded persons .
- TiiJ short history of the Xhike of Argyll and Sir itm-a CockbHrn ' e connexion , if it can 1 > e so called , with tfla British American Association , is that they , with &esi * al others , havia ? a desire to pronitte the objects of emigration , were induced to attend asaeeting in the moc _ h of Jurb last , bat at which the only resolution conn , to was that , as a preliminary and indispensable « tep ,, 3 inm of £ 50 . &M > should be insured * ss available for the . purpoFes of emigration , and when that was done , tnat a-fortber meeting should beheld for thepurpoEes of considering , with scwh a sum at command , ti . e means by - whict tbe plan of emigration conld best bs . sarrlfcd out ; a £ = it was at that meeting distinctly understood that in ta » = meantime no engagements whatever should be enterc * Into by the Association , Belying npon ihese
resolutioas . the Dnke of Argyll And Sir James CcekbtuT ) both Jet tpwn , and from the date of that mee&as until the © oath of October , when -eomplaints wece made before -Use Iste JiOid Mayor with reference to the ship Barhadees , they were in utter ignorance of everything that occurred , every transact ' on having been studiously concealed'from them by tba partiesTFho are alone responsible for the gross fraud that has been committed . " it has , howerer , since been -discovered that certain persons cooaesied with the Association thought fit to print s statement , professing to be a report of wfeat took place st the meeting in Jane which the X > ake
and Sir James a&endsd , and to which they have attagiied , in print , by way of authenticity , the signature si the Duke as pissident . It is needless for as further to comment on tie decument , or on the conduct of the parties irom whoa it emanated , than to state that the report so circulated is , as we have abundant means of proving a false representation of what actually did take place at the meeting , and that t-hs Doke ' s signature , -which professes to have been attached to it , is not to be found in the minutes , as entered in the books of the Association , and is consequently a fresdnlent abuse of hia Grace ' s name in the printed copy . 41 We have tbe honour to be , my lord ,
" Yonr Lordship ' s most obedient servants , " PALMER and KETTLESHIP . " To the Sight Hon . the Lord Mayor , * e . " The Lord Mayor aaid he bad no dtmbt that the wish of ths gentleman who addressed him would be compiled -with aa regarded the publication of the letter . He had ftated his belief thit the uarneB of the parsons of rank and character appearing in the prospectus had been improperly used by the concoetora of the association for sinister objects . oJ ^* ' NelUesQ 5 P declared that the Dnke of Argyll and I ? ^ CocKbni o tad been as grotsly defranded and de-5 fv * r kadbecn tbe unfortunate emi grants , and that at Had become necessary to show who were the parties involved in the actual responsibility .
The Lord Mayer—I would have you attend by all means when this case comes feeforeme , for Mr . Campt » u may deny the statement you have made relative to the connesicn of tbe Duke and Sir J . Cockbum with the association . I « dd before , and I repeat now , that emigration should not take place -without the sanction of too Government If societies were got up to favour t&e TiBKS pf the wovernment in aseisSpg poor emigrants ,
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I can see 00 objection to associations of the kind ' : bnt a plan of fcimsration cannot be with propriety undertaken by individuals uninvested with tbe sanction of the Administration . : I am bound to state too , that the poor people desirous to emigrate should take care before they swallow the contents of a printed prospectus , with exalted names attached , to inquire of the person -whose signatures afforded so strong a recommenda tion whether they authorised the use of their names . Mr . Kettleship said , that as tbe Bake bad publicly withdrawn Mb name and countenance from the association long before the Barb&does sailed , it could not be said that they were induced to go by virtue of that name , the withdrawal of which had influenced some of the emigrants to abandon their original design .
The Lord Mayor—If public men attend meetingB with the benevolent object of serving the poor olnsses , they should take care with what sort of persons they become associated in carrying out their object . The mischief is , that those in whose hands is left the working of the machinery frequently pursue objects for their own benefit , and leave the stigma of failure or corruption to attach to the individuals whose names operate as a recommendation to people ta venture in untried specu l ations . Mr . Nettleship—The Duke ' a and Sir J . Coekburn's object was most humane and benevolent , and it can be proved that they are not chargeable with any act in the slightest degree exceptionable . The Lord Mayor—I understand that several actions have been brought against his Grace on account of this affair . Mr . Nettleab-ip—No mote than one nas been brought , and we have s good answer to that
Tbe Lord Mayor—I would , by all means , advise you to attend when tbe parties are to appear before me . Mr . Campbell , who chartered the ship , as it appears , to himself and two others , as commissioners of the assoeiati-jn , complains that he has been worse treated than anybody else , and that he has lost the ship and everything else . The whole of the circumstances shall be sifted , for it cannot be endured that numbers of families should be cast npon the world in misery , and that tbe coDcocters , of this plan of fraud by which they have been mined should escape unexposed and unpunished . Mr . Nettleshlp said that be should certainly be in attendance , npon tbo part of the Duke and Sir James Cnckbnrn , at the approaching examination , and having thanked the Lord Mayor for the suggestion , retired .
ADJOURNED INQUIRY . On Saturday a most curious and striking scene took place before the Lord Mayor , who appointed that dey for entering folly into the investigation of tne choriccs against tbe British American Emigration and Colonisation Association . Mr- D . Campbell , cne of the cemmissloners of the association , upon appearing at the jastice-roora , according to his promise to tbe Lord Mayor , was token into custody by Cfeilds , the constable , upon a warrant charging him with having obtained fraudulent possession of a steam-eneine from Mr . G . Scort , an engine-manufacturer in tbe Commercial-road . Mr . Taylor , Mr . Henley , and others of tbe emigrants , and numbers of their
friends , occupied a great space In the justice-room . Mr . Lloyd , counsel , and Mr . Nettleship , solicitor to hia Grace the Duke of Argyll antf Sir J . Cockburn j and Mr . Meller , counsel to Sir R Broun , one of the commissioners , appeared to justify tbe conduct of their respective clients . Dr . Rolph , who was named in the prospectus aa ene of the commissioners , in conjunction with Sir W . Qailvie , Bart . ; Sir W . Dunbar , Bart . ; Sir R . Barclay , Bart ; Sir . A . N . Macnab , and Sir R . Broun , was also present , as were Lieutenant J . S . Lean , R . N .. her Majesty ' s emigration agent , and several gentlemen who appeared to be the friendB of the members ef the association , and deeply interested in the
proceedlnffs-The Lord Mayur bavins determined to hear the charge against Mr . CampVll before any other mattor connected with the association , Mr- Goddard , solicitor to Mr . Scott , stated , that he attended to charge Mr . Campbell with having obtained , by falsa pretences , a steam-engine from his client In September last Mr . Scott was applied to for a steamengine for driving a saw-mill , to be the property of the British American Association . Utos to be supplied to the order of Messrs . Hartshorn and Uses , and tbe terms were immediate pay . Mr . Scoit having completed the
order , sent tbe engine to tbe London Docks , but refused to sign the order of delivery , as tbe cash was not forthcoming . Mr . Campbell , however , having been Introdncod to Mr . Scott , made such representation as to the flourishing state of tbe Association , tbe immense quantity of land they possessed , bis own intimacy with the Dnke of Argyll , and the affluence of tbe members , that the engine as given up upon the reseipt of two promissory notes , pnrpottlng to be the notes of the Association , and signed by three Commissioners . Upon these representations the charge was founded .
Here Mr . Goddard put in two promissory notes of the Association for £ 300 each , signed " R . Broun , W . Ogltvie . D . Campbell , Commissioners , " and made payable at Glyn ' s banking-house , with 5 per cent , interest , oa the 1 st of October , 1844 . Mr . G . Scott , of King-street , Commercial-road , stated that he was applied to by Messrs . Hartshorn and Rees for a steam-engine with boiler , and ether machinery neeessary for driving a saw-mill , to go ont to Prince Edward's Irland . He made the engine , ani delivered it at the London Docks in his own name , bat , as be could not get the money , he refused to sign the delivery airier . Mr Rees then introduced him to Mr . Duncan Campbell , at No . 5 , Adam ' s-court , Old Broad-street ,
who declared that the association was one ef tbe hichest character and of great influence ; that it was a child of his own ; that the Duke of Argyll , who was its president , was his most particular friend ; that the association had two hundred thousand acres of laF . d in Prince Edward's Island ; and that in all probability the pmmissory notes ( those produced by Mr . Goddard ) would be taken up before they became due Upon the faith of these and similar representations , and strengtheatrt by the prospectus which Mr . Campbell exhibited , be took the notes and delivered the engine , which was put on board tbe ship Barbadoes . It was agreed that the notes should not be removed from Glyn ' s bankinghouse , but that they should be exchanged in due time for hank-notea .
The Lord Mayor—Have you applied at Glyn ' a for the interest ? Mr . Scott—I have ; bat tbe answer I received was , that they knew nothing at all about them . I have air . ee heird that Mr . Campbell is not a commissioner . Mr . Me ' iler ( counsel to Sir R . Broun )—Did you make inquiries of other parties as to the respectability of the association ? Mr Scott—I did not Mr . Mtiler—You took Mr . Campbell's word ? Mr . Scott—I trusted to bis representation and to the prospectus , but more to the former , In delivering the engine . The Lord Mayor—Do you wish to say anything , Mr . Campbell ?
Mr . Campbell—AH that has been stated by Mr . Scott , except that part in which be asserts I said the association had 206 . 000 seres of land , and tiiafc the Dnke of Argyll was my moat particular friend , is pretty correct , my Lord . The Lord Mayor—Did yon represent that the association did possets land * Mr . -Campbell—Not to my recollection . The Lord Major—Or , that the Duke was your friend ? Mr . Campbell—No ; I certainly said that the Duke of Argyll was greatly interested is ; the association , and that he was a member of it , and so he decidedly is . The prospectus was issued before I was at all connected with it . It cannot be said that I got for myself any property frosa Mr . Scott . The engine is on board the Barbadoes and was got for the association , who are , of course , liable for the payment of the notes .
The Lord Mcyor—From whom did yon get posses . sion of these notes before you gave them in payment of the engine ? Mr . Campbell—From the association , of course . The Lord Mayor—How many more notes of the kind did you get from tbe Association ? Mr , Campbell—I . got notes to the amount cf £ 4 , 000 , and I divided them amongst tbe shippers of goods for tbe association . I was myself accountable for all the contracts , and I received the promissory notes for the amount of the charter and tho cargo . The Lord Mayor—You told us on the former examination that you had lost alL How is that reconcilable srith your statement ? 31 r . Campbell—Why , my vessel is in the dock with the cargo , and the mortgagee is going to sell her ; and whit advantage have I had ? What have I incurred but loss ?
Ht . Meller—When you received these promissory notes feern tbe association was it not understood that you were not to pass them ? Mr . Campbell—Never ; such a thing was never uttered . Mr . Meiler—I was instructed that it was , Mr . Campbell—Wby were they then put into my hands ? There is no foundation for such an instruction . The Lord Mayor ( to Mr . Scott )—You canuet say that tb&s are not good notes . Sir Bkhard Broun ' s name is attached , and he may pay them when they are due . Mr . Meiler—Sir Biebard Broun will do everything he is bound as a man of honour to do . Mr . Qoddard—Will he pay the interest now due up . on the notes ? Mr . Metier said he could not give & decisive answer to that question .
Mr . Campbell- —The ship and cargo have been brought to London in order that a settlement may ba come to about the emigrants . The counsel who appear here to day have an object in coming forward ; bat , whatever they may say , the association is responsible for all that has been done .: . In answer to qnostions by the Lord Mayor , Mr . Campbell Bald , he hed passed tbe bill of lading to Mr . Andrews , the registrar and managing mau of the company , in Bridge-stretr . Mr . Andrews was not to be found . He had remained with the association till December , when a committee of investigation was appointed . He was a solicitor , and was to nave had £ 1000 a year as chief manager . He was constantly advising -with Sir B . Broun . Tee Lord Mayor—Was any money received by him ? Mr . Campbell—I do not know . The Lord Mayor—Did you get any monej from the shareholders ? Mr , Campbell—Not tf halfpenny .
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The Lord Mayor—What was the amount of qualification the commissioners were to have ? Mr . Campbell—They were to have stock to the extent of £ 1 , 000 each , one-fourth of which was to be paid down . The Lord Mayor—Did each of the commissioners pay down £ 250 ? Mr . Campbell—These qualifications were paid ints Glyn ' s . Mr . Andrews took a qualification and paid , and so did Sir B Broun and Sir W . Ogilvie . Mine was set against the cargo supplied by me . The Lord Mayor—Did the commissioners draw any money for their own services ? Mr . Campbell—No , nothing at all . Mr . Meller—Has not Sir R . Broun been very much out of pocket in farthering the interests of the association ? l Mr . Campbell—I have alwayB understood so .
Mr . Goddard here submitted that he had proved enough to sanction the Lord Mayor in holding Mr , Campbell to bail to answer any charge that might be brought against him . " - The Lord Mayor—I do not see that Mr . Campbell has committed any fraud against Mr . Scott , and I do not by any means consider myself justified In requiring him to find bail . He got into an association which has turned out badly , and which , If intended to do good , went the wrong -way about it Now ^ supposing that he believed the association to be a legitimate speculation , and that Sir K . Broun and Sir William Ogilvie were men of property , how can it be concluded that he meant to deceive by tbe course he pursued ? Here are the acceptances , and they are not due , and the commissioners are , in all probability , able to pay them ? I cannot see that there was any fraud contemplated by Mr . Campbell .
Mr . Goddard—He knew and has acknowledged th&t the association did not possess any load in Prince Edward ' s Island or anywhere else . The Lord Mayor—But he saw the prospectus , and he knew and believed that there were men of large property : connected with the association . You have no reason to say those notes will not be paid . Mr . Campbell stated that he had been in business forty years in London , and conld be found If hia presence should be required . Mr . Lloyd ( the counsel for the Duke of Argyll ) then stated , nearly in the terms expr . seed in tbe letter of bis Grace ' s solicitor , which appeared in our paper of Friday , the objeot which bis Grace had in attending a meeting in June last , when the only resolution come to was a preliminary and indispensable step , that a sum of
£ 50 , 000 should be insured as available for the purposes of emigration . The Dake ' a knowledge of tba real proceedings of tbe association did not extend beyond that information , and his Grace never enter * tained the moat remote idea of sanctioning any act until that money should be raised , for his intention was to promote the most beneScent scheme of emigration , and in such a manner as to prove of the highest service to the poor persons who should emigrate . When , therefore , he perceived that his name had been used as a sanction to proceedings which be utterly repudiated and denounced , nothing could surpass his indignation and regret , and he immediately withdrew from the association upon the communication be bad from the late Lord Mayor . By similar motives Sir James Cockburn was influenced .
The Lord Mayor—Did the Duke see the prospectus which was issued with his name attached as president ? Mri Lloyd—The prospectus was sent to him afterwards . The Lord Mayor—When did hifl Grace secede from tho association ? Mr . Lloyd—In the most public manner , at the commencement of October . The Lord Mayor—Yes ; when all the mischief was done .: Mr . Lloyd . —Everything but what I have stated as having been done in bis Grace ' B presence was done behind his back . He had not the most remote notion that the association would make the least movement until the condition as to the raising of the money should be complied with .
The Lord Mayor . —The Duke ' s name is published as president of the association . To a certain extent , be certainly sanctioned their proceedings , and he ought to have taken care that men should have been left be ' uind him upon whose Integrity and prudence reliance could be placed , in order that advantage might not be taken of the authority which such a name was calculated to give . Mr . jMeller—Did not the Duke and Sir J . Cockburn agree to take shares ? . Mr . Lloyd . — - All that he consented to do was comHti onal . It was contingent upon the raising of the £ 50 , 000 without which It was de feet mined , by a resolution of the meeting in June , nothing was to be done . His Grace was to ba merely a subscriber of £ 500 , for the benefit of the poor emigrants , not a shareholder . He sought not , neither would he have consented to receive , the least advantage .
Mr . Meller—The Duke has certainly acted as a member of the association , and his Grace withdrew when it was likely to fail . If he had remained in the position be bad adopted it would have succeeded . Mr . Xloyd . —His Grace withdrew because the association departed from the reselution to which they had come in his presence . He found that his name ba « l been used most improperly . Those who managed tbe association had put his name to contracts and other instruments without his sanction or knowledge . The Lord Mayor—Care ought to have been taken by those who took an interest in the emigrants that tbe vessel should not be allowed to sail ; but the . y were left to take their chance at 8 dangerous season , and , after having been knocked about , they at last appear before us , and say that those who are pledged to extend to them ail the benefits of emigration fling them off to perish ;
Mr . Lloyd—His Grace had no idea that they were going Out Theiord Mayor— Well , what is to be done with these poor men and their families ? Mr . Mellor spoke warmly in praise of Sir K . Broun , and called the Lord Mayor's attention to the prejudices raised against the Association . It was true it consisted of persons not accustomed to act , but it was a bona fide association , and actuated by the most honourable motives . It was bad enough , he admitted , for his client to be out of pocket £ 7 * 0 or £ 800 , and to find the association fail , without being designated as a person connected with a fraudulent undertaking . The men whs complained , after all . did not leave emp'byment to go out to Prince Edward ' s Island .
The Lord Mayor—They left their native country to go to a remote one to gain an honest livelihood for their I families by industry and labour , and they were induced to go ( by the authority of the great names with which the prospectus abounds . Let them not be reproached with having lost nothing by going . They have suffered _ a vast deal , and I trust the association will take care that they * shall not be able to complain that they have lost everything—( applanse ) . Mr . Meller—I contend , my Lord , that It is h&rd that , because these emigrants huvd failed in their speculation , tbe association should be cohered with odium and execration . If a man become a bautrupt many others necessarily are involved .
The Lord Mayor—There cannot be the slightest analogy . Your association ore not bankrupts . Now look at Mr . Taylor ' s case , and just form an estimate of what he has undergone , and what he may still undergo if his claims are neglected . He has eight children . He has paid £ a 6 to the secretary for their passage . He has expended the littlu money he bad put together for the purposes of his occupation in Prince Bd ward ' s Island . Now , this man was to have had twenty acres of country land and one acre of town land , and he went away with sanguine kopeu of prosperity . He is brought back with his large family , -without the means of subsistence , and with starvation looking him and hia children in the face , and he ia told that in a day or two he and his children are to be turned out of the ship which was bound to take them so their final destination , and to look about amongst tbe unions for sympathy and protection . It is ridiculous to tell me that this man can be abandoned by an association of noblemen and gentlemen—( loud applause ) .
Mr . Taylor begged permission to say a few words for himself and those who were bis brethren in calamity . He was sorry to find that the advocates of the exalted persons who were named In the prospectus , were attempting to blame the emigrants after all they had undergone ; but the emigrants had met with an advocate in tbe Lord Mayor , whose kindness and humanity would not be without imitators . It had been stated that tbe Duke merely meant to subscribe £ 500 without becoming a shareholder . Now , evidence could be produced to show that his Grace signed his name , according to the Scotch form , aa " Argyll Passes" for shares in the association—( laughter ) . It had bsen said that
the Duke refused to do anything in the association nntil the sum of £ 50 , 000 should be raised . One would think that a nobleman who saw the necessity of the application of money would put down some himself—( laughter . ); but it did not appear that bis Grace had done anything of the kind . It was true the Learned C ounsel saw that it was proper to bolster up the cases of their clients , who were able to employ them , while thft emigrants , without the power of giving a fee , were subjected to every sort of annoyance . Neither he nor any other of the emigrants had made the least complaint until they were compelled by stem necessity , and they felt now that iDsult was added to injury . Mr . Lloyd—Not through the Duke of Argyll .
Mr . Taj lor—I have been looked upon as if I were part of a live cargo , Mr . Heller—Tho lost thing Sir B . Broun would think of would be to offer an offence t © any of the emigrants , all of whom are deserving of the greatest sympathy and compassion . The Lord Mayor—What was the intention about these emigrants when they should arrive at Prince Edward ' a Island T Mr . Meller—There were bouses prepared foi them , and they vould bave been employed in different avoca * tlons nntil they should bo able to provide for themselves and their families . The association actually bad land in the island . The climate is excellent and in every respect it is adapted for emigration . The Lord Mayor—I see there are Bixty-seven townships on it . -
_ . . ......... M . x . Meller—The strongest prejudices have been raised ngainst it by those wbo know nothing at all about it I say there was no fraud of any feind cemmifcted . or contemplated in this case .
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Mr . Taylor—I neyer imputed fraud . The Lord Mayor-4-Mr . Meller , yeu say the association had land ? j Mr . Meller—They had land when the emigrants were going to Prince Edwards ' a Island , but the contracts were violated . The fact is , this association has been got up by men of high character and condition , but wbo did not understand how to manage It . If any man derived advantage from it that man was scarcely mentioned in tbe whole of ( die proceedings . I Mr . Taylor said , -the real grievance appeared to be the want of money . Tbe man of most tact and talent amongst the iwhole body was Mr . Andrews , the registrar . The Lord Mayor-f l have no doubt that if each of the members had put down £ 500 the object would bave been accomplished , jbut the thing has failed .
Mr . Taylor—Our object , my Lord , is to be placed in tho 8 ame Btate ia which we were before we engaged to go to the Island . We have no . means of obtaining legal advice or assistance , except your Lordship will recommend us to the City Solicitor . Not a single move has been made to redress or indemnify us for tbe injury we have sustained . i K © T The Lord rvIayor ^ -Thfl ^ City Solicitor cannot be employed in a public prosecution of the kind , but I shall take the subject oi your application into consideration . You ought not to ba defrauded of your prospects in life any more than of your money . I hope and trust that the Government will take up the question , for no emigration should be allowed to go on without the sanction and protection of the Government
Lieutenant Lean { the Government emigration agent ) said tho question seemed now to be , whether the ship could be obliged t 6 become the property » f the emigrants to convey them to their destination T He was in hopes , when he heard the investigation was to take place , that tbe members of the association had resolved to cotne to some arrangement for their advantage , for these members were at ail events morally responsible . The Lord Mayor had spoken of the intervention of the Government . He had mentioned to the Government the Btate of the pjoor emigrants , and he had visited them at Gravesend . j The Government were acquainted with the whole of the particulars , but as the question was one of civil process , and the existing law did not bear upon it—as it yvnn one the like of which never had been before heard of . it was thought better that the whole matter should be brought before the Lord Mayor for his decision . )
The Lord Mayor—What decision did the Government wish me to come to r It is certainly absurd to leave the decision upon such a ease to me . If I were one of tbe emigrants , 1 should certainly not abandon the vessel . I'd stick to ^ he ship —( applause ) . Mr . Meller—These poor men deserve the utmost sympathy , but tbe association bad no notion of deceiving them . Mr . Haiti en contracted with the emigrants & 1 large . j ' ' : Lieutenant Lean ! said ha had assembled the emigrants at Gravesend ' j and asked them whether they were going out according to agreement wits Mr . Halden , or with the association , and they replied that they were going out entirely jon account of tbe association , and not at all on account of that gentleman . Her Majesty ' s Government wrote to the commissioners of the association representing the danger of sending oat emigrants at such a season , and he remonstrated with th «
emigrants themselves , who , however , said that they were aware of the danger , but they had been delayed so long , and they had been subject to such annoyances and disappointments , that they would rather run the hazard than undergo any farther infliction of the kind . Dr . Ralph—In consequence of what has fallen from Lieutenant Lean , I must , say that had the commissioners seen the admonitory latter of tbe Government , -and disobeyed its injunctions , nothing could be said in extenuation of their conduct On my return to England , at the end of November , the Barbadoes had departed , and after entering a solemn protast against any approbation of auch a mcasnre as sending out emigrants before the operations of the association had commenced , I joined with other ! gentlemen in a committee of inquiry , and did not jsee any document which was addressed by the Government to the commissioners until the mid die-of the month of January
The Lord Mayor—Were the whole of the namea mentioned in tbe prospectus sanctioned by the parties themselves ? j Dr . Ralph—During the protracted investion which took place before the committee of inquiry , satisfactory evidence was adduced by Sir R Broun to prove that no names were inserted : without duo authority . Mr . Lloyd—Sir J . jCockburn deniea that be authorised the insertion of his name . Dr . Rolph—The British American Association was originally established to revive the claims of the Baronets of Nova Scotia , and to conjoin with tbo restitution of their property and the administration of their rights a system of colonization . This matter was
fully discussed at two meetings , at which bis Grace the Dnke of Argyll attended , and by bis v ? is 9 , together with that of Sir J . Cockburn and others , the object of the Nova Scotia Baronets and the plan of colonisation were discussed , and tbe'British American Association first projected . Mr . Neill Malcolm requested bis name to be withdrawn from the prospectus the moment he saw it in print , and directly following the 8 th of June . Neithir the Duke of Argyll nor the consulting council of the , atsociation were advised of tbe arrangement of the Barbadoes . It was planned by Mr . Campbell and Mr . Andrews , and waa carried out whilst I was absent from this country . It always met with my moat decided reprobation . !
Lieutenant Lean adverted to a publication issued from the officers of tbe association , purporting to be official instruction for Sir A . Macnab , in which , in a note , was the following observation .- — "These instructions apply to Upper Canada only j the association having already acquired estates in Lower Canada to the extend of 366 , 802 acres , in addition to large estates in Prince Edward ' s Island and other colonies . " It appeared from that publication tbat tbe association sanctioned the unfounded repott that they were posssessed of estates where thuy had not an acre . The Lord Mayor—i-By whom is that paper signed ? Lieutenant Ljan— -By . Vlr Andrews , who is said to be the chief manager of the association . I trust , my Lord , that you will suggest some mode of indemnifying these po ' or men , for bringing whom into such a condition the association is certainly responsible . !
The Lord Mayor—I have no doubt whatever , after what has been statedjabout the injury sustained by the poor emigrants , and the whole of the transactions which bave taken place , tbat the noblemen and gentlemen who form thi ^ ivi ' oociiition , and who , as it has been just stated , autuoiUed the use of thair names , will come forward a ; < 1 at once subscribe £ k 0 each to place the sufferers in tbe condition in which they were before they entered into tbe agreement , to tbe violation of which they are at any rate no parties , j appeal to those noblemen and gentlemen in their behalf , and I am sure tbat I shall not be disappointed—( cheers 1 . ; Mr . Lloyd declared ] as he h-ad frequently done in the eourse of the proceeding of tbe day , tbat the Duke of Argyll would moft heartijy atjree in any proposition for the benefit of the poor emigrants , but he denied that his Grace was at all responsible .
Mr . Nettleship ( the Duke of Argyll ' s solicitor ) . — I shall at once give a check for tbe Bum mentioned by tbe Lord Mayor from his Grace the Duke of Argyll . i Mr . Leslie , who has a mortgage npon the Barbadoea , said he would not disturb the poor men and their families who were in the ship for a tew days . He also stated , that for £ 8 000 he would most willingly undertake to pay uff all the liabilities of the association . ¦ Mr . Meller—Nothing can be more clear that the association bad 00 intention of doing wrong than tbe declaration of Mr . Leslie . They might have got £ 60 , 000 or £ 70 , 000 with ease ' , by tho sale of shares , if they pleased , instead of which not a shilling has been got in that way . It was stated tbat the utmost extent to which the notes of the association were issued was £ 7 , 000 . I
Tbe Lord Mayor said tbat the arrangement was a good commencement . He felt the highest degree of gratification ia having 1 had it in bis power to reader service tq tbe respectable men who had applied to him , and he trusted that they would soon reap the benefits of his interference . The whole of the association would be soon informed through the great public channels of communication of tbe arrangement proposed , and would , no doubt , without hesitation agree to it All the gentlemen wito appeared to be favourable to the various members of the association , highly applauded the result of the investigation , and the emigrants , whose conduct reflected great credit upon them , in the most grateful manner returned thanks te the Lord Mayor , to wnosei humanity ami discernment the counsel and the Government emigration agent also bore tile most hearty testimony .
His Lordship advised that the money should be paid at Messrs . Masterman ' s banking-boose , and that the Government agent should superintend the arrangements , if any of the poor men should still desire to emigrate . i Lieutenant Lean said [ he would most willingly , with Dr . Rolph ' s assistance , render all tbe service he conld under the circumstances ; In which the emigrants were placed .
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REMARKABLE TRIAL IN CANADA . COURT OF ^ UEEN'S BENCH . M 0 HTRE 4 X , MABCHJ 8 TH . —A MAN CONVICTED OF MUBDERINQ HI 8 WTFE BT THE EVIDENCE OP their Son I—Hugh Cameron was placed at the bar , charged with having , on the 7 th of February , at the parl 8 hof St Edward , killed his wife , Jane Linton , by beating her on the head with a stick . The prisoner pleaded " Not Guilty / ' and waa defended by Mr . Hart . j . .. .:.. - . John Cameron , a young boy , aged 13 years , called . The prisoner is my father . My mother ' s name waa Jane Linton . She died ion the night of Monday week I last , of wounds inflicted upon her by the prisoner at I the bar . It was in the house at St . Edward ' s that she ' died . He struck herwttjb ' a stick , awooden poker . I don't know how many times he struck her , but i t wob more than once . I did { not stay in the house . This occurred at about eight o ' clock in tbe evening . There were in the bouse , besijdea myself , a child about two years old . He eircck her on the back and 0 . 1 the legf .
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— . . rs . . ¦ ^ I-ran out of the honse for assistance to the nei ghbours but they refused to come in . I then went to the village * about half a mile distant , and met Thomas Figsby who came back witb me . I did not go into the hong& again after my mother had been beaten , hat went and slept in one of the neighbours' houses , I saw be ; lying dead . My father was taken down lo the-vil lam of St Edwards . When I saw my father two days after , wards , be asked me how he had hit her . I told him he bad struck her with a wooden poker . On the morning of tbe day on which the unfortunate ev « nthappe nejj they were both friends . I did not know of any quarrel don't know his reason for beating her . He was not sober . She waa lying en the bed awoke ; my father was lying beside her . First , I saw him strike her witjj his arm . I went out to get seme Wood for the stove and while I was away be bad seissd the poker . '
Cross-examined by Mr . Hart—I had not Wen in the house all that day ; from dinner until four o ' clock I remained out of doors . There had been a w eddir * party at the house that day . At about twelve o ' clock they were both preparing to go to the wedding , and j . went to put the horse in the sleight . The wedding party bad left our house . I came into tbe house , an ! found my father and mother quarrelling ; I then wenl out and took the horse out of the sleigh , as they said they would not go . When I came into the housea second time they were both in bed . My mother had been drinking as well as my father . She took pepper mint and some other liquor . I saw her drink twice .
By a Juror—It was not the same sort ef drink that my father drank . I believe they were both tipsy , j bad been living witb them about a year and ^ half . My mother drank veiy hard , which was a psj . petual source of quarrel between them . She was ia thg habit ef obtaining liqour without my father ' s know . ledge , frequently . My father often searched the house for and found it I bave refused to go for liquor for her , and then she sent her little girl ei ght years of an . Father has often found her in a state of intoxication but she could always walk . I recollect a policem ^ coming once , when she was intoxicated ; he came ta
prevent my father from striking ber . She Wasin ths habit of going to bed in the middle Of the day , when intoxicated ; she kept a servant girl ; my father had to lock things up to prevent my mother Belling them to buy l : fuor . Fur about ; a week before the fatal occur rence she got intoxicated , and my father beat her wig ) a stick . I have seen him go almost mad—I mean snaj —when he has come home sober and found her drunk ; when my father spoke of the matter to me in the Til . lage , he seemed to know nothing about it , and said { 19 bad no recollection of it . He read church prayerg every night and on Sunday , I suppose to try to refora her .
By tbe Solicitor General—The last time I saw ha alive was in bed in the room . Thomas Figsby sworn and examined by the Solicitor General—I reside at St Edward ' s , and know the prf . Boner at the bar . On Monday week last I went with the children to their home , to prevent the father from beating their mother . I live about twenty-&ve acres from them . On entering the house they got a candle , and I lit it They went about the house looking fo * their mother , whilst I remained in the kitchen . They came back again shortly , crying , and aaid their mother waa dead in the cellar . - I went there and saw tbe dead body . She was lying on her side , with her arm upon her head . I went away and returned again with my two apprentices , and William Leach , a young man named M ' Lellan , and Mr . Forrest . We looked in at
the window , and saw the prisoner sitting near the stove without a candle ; we then went in . I asked him how be was , and bo forth , and he spoke ef ordinary things as if nothing had happened . He went to tbe room formerly his wife ' s bed-room , and called her to get np . By the ligbt from the stove I saw tb . 9 dead body was lying beside it . His wife not answering , the prisoner said , " Then lie there and be to you , " addressing her by name , as if she were in bed . I seized hold ef him . by the arm , and told him he was my prisoner . He asked for what t I then called for the others to bring the candle . I said , " Tog see what you have done . " I saw the dead body before me on the floor ; it had been removed from the cellar . The next morning he said he had no recollection . I brought him down to my place , where a corona ' s jury waa held , and he was committed to ' gaol .
Several other witneescs were then called , and examined by Mr . Hart , who testified to the general good character of the prisoner for industry and honesty . Mr . Justice Day summed up ibe evidence in a feeling and impartial address to the jury , in the conne of which be dwelt on the enormity and frightful nature of the crime , and pointed Gut such parts of the testimony as seemed to admit ot doubt in favour of ths prisoner . His honour next explained the difference between murder and manslaughter . The malice aforethought , saii bis honour , in the crime of murder need not be premeditated ; if , therefore , they ( the jury ) should be satisfied tbat blows had been inflicted sofficient to produce death , it was quite immaterial whether the prisoner had designed to kill bis wife or not
After again reverting to the evidence , his honour add the conduct of the wife seems certainly to have been very aggravating , but even had it bean much worae than it was , it couid not justify the terrible paouh < ment inflicted on her . If you acquit the prisoner , it must be on other grounds than these . With regard to his conduct when be was arrested , you have heard it described , but it is perhaps not very safe ground fioo which to draw a sound conclusion . The man did not appear desirous of avoiding investigation , He remained with the dead body of his wife . He carried ha from the cellar to tbe stove . You are told that he called upon her by name to get up , which , seems not alitth strange , but it may be thought she was not qnite dead , and would answer him , or else he did it to cloak hia erima However , the deed was committed , snd whatever may have been his remorse , can have no weigh ) with you in estimating his guilt . You will recollect
also the prisoner ' s expressions , hia doubt , Ms wonder , and astonishment ; but these if they can be of any use to him , can only be so to show tbat his state of mind was such that he knew not that he committed the act in a moment of temporary insanity . It is right that you should have these views laid before yon , though the court leaves yon to draw from them your own conclusions . The deportment of the prisoner when taken was quiet ; there seemed no wish to escape ; and hia general character is stated to be that of an industrious man , except when under the influence of liquor Witb reference to your verdict , it is tbe duty of tbe court to inform you , that it must be either conviction or acquittal . When homicide has been committed , the lav presumes that malice was present ; if the acJ , bowever , had been in self-defence , you might acquit him , or bring in a verdict of guilty or acquittal . I bei / ere I am not going too far in saying , that a verdict of manslaughter the conrt could not receive .
After a short conversation with the other Justices , Mr . Justice Day qualified the lost sentence , by-saying" The conrt are of opinion that if , after the boy left , you decide that she gave sufficient provocation , you may bring in a verdict of manslaughter . " The Jury retired for about three quarters of an hour , and returned a verdict of Guilty , with a recommendation of the prisoner to the mercy of the court , by « a « son of the great provocation he hod endured . The prisoner having been asked if he had anything to say , replied , " I have nothing to say—no memory . "
Sentence of death ^ as then pronounced against the prisoner—to be hanged on the 6 th of April next . — Montreal Gazette .
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The Public executioner of Oronse , in Spain ,. P «» Juan Franoiscoe de Paruelo , was murdered in his own residence on the night of April 8 . His head was the next day found nailed to the door of . ™® house , and hia body lying in the gutter , in the miast of a pool 0 / coagulated blood . The deceased was a man of mild disposition . The perpetrators ot tnis deed remain undiscovered . A Social Pig . —A gentleman of this town was last weok taking a pedestrian trip to the west , By Loch Ness , and when at Cottertown * of Duncan , bd was joined on the road by a black pig , which by us tones or gestures ,,, showed symptoms of a desjre to bseome a fellow-travellex . It was vain to remoaetra « e , and the pig * continued toacconipany ^ r * destrian till they reached Teinplenouse , wrong walked at least ten miles . —Inverness Courier .
The Dbleqa . teso ( the merchants and mannfaC turers of Paris have just addressed a petition * to tne Chambers in favour of the Sugar Bill as P ^ opom by the Government . The petitioners declare w »* the passing of this bill is indispensible , asiKg ?^ the natural and manufactured products of . l i *™* the consumption of which , in the colonies , caa < muj be encouraged in proportion as the colonists are prosperous in their affairs . A Cautious JunGE . —The late Chief Bjw » G'Grady , father of the gallant officer ( tor ^" lymore ) Aide-de-Camp to her Maiesty , tried tw » most notorious fellows , at the Carlow Assize ? , , highway robbery . To the astOBisbment ot m . Court , as well as of . the prisoners themselves , tMfc were found not guilty J As they were being removed from the bar , the judge , in that mannfr w nomiliovlir hia nvon nHrlracttin * thrt iftilor . SOla * '"
Murphy , you would greatly ease my ^ nd , »¦** keep these two respectable gentlemen , until sere 1 * o ' olook , for I mean to get , out for Dublin at & «« and I ehoald like to have at least two hours stan of them . " Donegal . —DBE 4 BPUI . Cask of Polsow ^ / rf Thebb ' Lives Lost .-A labourer of the nainej » John Maginnisa , wbo resides at Tqulnain , near «?» castle , in tho County of Donegal . *» # tfH £ * S some ground on Saturday , the Ifch instM for tae P « pose of planting potatoes , when heturnedi 9 P ** & of a large size . His wife supposed tt » M 0 t < 1 * 2 waa either Hemlock or foot ' s pantey , both being T « J much alike in their botanical characteristici ^ a « equally fatal as poisons ) to be parsley * scra peo ^ and . havinar eooked it . partook of it herself , and «»™
also to her son , daughter and sister-in-law . «" after the daoghter became dizzy , « nd _ J ^ ; Jf a ground ; the sister-in-law was next » ffeoted «> ^ same manner , and said , » I fear the root is the canso of all this f the wife was also attacked , and so po « erful was the poison , that the three died in « - B » and a half after they had partaken of it . l ^ ^ a boy about twelve years of ase , fortunately , aiaiw eat apy ot it . not having hked the taste , of jn
Untitled Article
g THE NORTHERN STAR
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Citation
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Northern Star (1837-1852), April 29, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1210/page/6/
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