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¦¦Kiilrn nrnrillCn • • MONIES RECEIVED •Bos XHK "WSBK'- ESBINO TBUBSOAT, Asso.25 ,1850.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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fHI i : O-flSIYT 0 IB ., aJrired bj W . KronL-BaTentry , .. land Members , per o / SfireU 2 s-WIItan , Landmembers , per G . Ashwell 3 sf- ^ SnTtomsgate Ss-A . Watson , Leith 6 d-Sowerby , ^ - ^ SslSted ^ J . Wild and J . liltchdlUUSd ^ S ^ t S . Smallwooa 7 s 3 d-Aecrington , per P . ;^ n ^ w * Sstockport , Mutual Instruction Class , perW . ' ^ £ _ MotraunT per J . Campbdl Ssr-Carxington , 35 enfiSr J ^ sSS lBSa-WwlB . collected at Mr &M £ m V * 9- ? fcW ^ -Leicester , M . Wilaman Kivett icester
Iitebmol— -At the usual weekly meeting of the Chartists of this locality , held at Mr . Farrell's , Temperance Hotel , Richmond-row , on the 14 th of Jlpril , it was agreed , " that in consequence of Mr . FarrelTs removal , all future Sunday evening meetings should be held In Spurr'a Temperance Hotel , 10 , Williamson-square , where the members ' subscriptions will be received , and . other business connected with the association be transacted . . Aberdeen . —It having been announced by bills that a member of the Council would deliver a lecture In the large committee room of the TJnion Ball , on the evening of Monday , the loth Instant , the subject to be " the present system of taxation , as it
affects the working classes ; " and although the evening was yery rainy , a goodly number attended the meeting . Mr . George Smart was called to the chair , who briefly opened the proceedings by claiming for the lecturer a patient bearing ; be said he had no doubt but that his talented friend , Mr . Wright , although a working-man , would do justice to the Important subject , and he wonld at once call upon Mr . Wright to deliver the lecture . Mr . Wright on coming forward was well received , " and after an appeal to his audience to bear with him should he make any blnnders , as he had for some days and Eights past been labouring under that disease which Bnrns styled the hell o' a' diseases , " —the tooth-ache , and he was still labouring under it , and it was not certainly a great incentive to study , — Irat , notwithstanding , Mi-. -Wright delivered a very animated and instructive lecture , whic h at the close brought forth a little discussion from a party of teetotallers , who did not like his views upon the malt
and spirit taxes . " Some members were enrolled . The local council of the association hold meetings erery Monday erening . 3 fr . Robertson , secretary for tifs branch of the Land Company , came forward and said , \> efore the meeting dismissed , he would remind them , that as the affairs of the Land Company was now apparently coming to a crisis , he begged leave io announce that the members of this branch intended holding a meeting in Mrs . Bain's , 03 , Castle-street , upon the evening of Friday , May 3 rd . A vote of thanks was then deservedly awarded to Mr . "Wright , whieh was duly responded to , and after a rote of thanks to the chairman , the meeting dissolved . A South Lancashire District Delegate Meeting was held on Sunday last in the People's Institute , Heyrod-street , Mr . Robert Shawcross in the chair , when the following resolutions were passed unanimously : — " That a local lecturers' plan be adopted anular to the plan of the West Riding of
Yorkshire . " " That Robert Shawcross be appointed to draw up the lecturers' plan , to whom all commuuications must be addressed , with the names of all persons appointed as lecturers ; such to be elected bj the locality in which they may reside . " " That a delegate meeting-of Yorkshire and Lancashire be held at Hebden Bridge , on Sunday , the 26 th of May , for the purpose of bringing the Chartist mind Offhosetiro important counties io bear upon the political questions of the day , and to concentrate Chartism on a more sure and solid foundation , and that one of the Provisional Committee be requested to attend . " « That James Williams be the
permanent secretary to the South Lancashire delegates . " "That the secretary be requested to correspond ¦ with the secretary of the "West Biding for the purpose of making arrangements for the meeting . " " That the expenses of this meeting be defrayed equally by each locality . " Salfoed . —At a members' meeting , held at Mr . J . Sohinson ' s , on Sunday , 21 st instant , Mr , Henderson iaihe chair , the following resolution was carried unanimously : —" That the members hold their meetings at Mr . J . Robinson's , every Sunday , at two o ' clock in the afternoon , when the Northern Star sad other Democratic papers will be read . "
Cut Chahiist Hall aot Athes-ecm , 26 , Goldenlane . —On Wednesday evening , April 24 th , a Concert and Ball was held in support of the Democratic cause , which was most numerously attended . The members of the city locality are desirous it should be known , that when recently they passed a resolution respecting the " Tictim Committee , " they ^¦ ere unaware that its business was in the hands of Messrs . Grassby , Stallwood , Milne , and Arnott , of the Provisional Committee of the National Charter Association ; nor did they then know that the Comsuttee met at the . Charter Office , Sonthampton-^ reet » Strand , and that they are perfectly willing toat the affairs of their unfortunate brethren should remain in the hands of the above devoted Democrats .
Emmeit Bkigade . —At a meeting held at the Rock iayem , Lisson Grove , on Sunday evening , April « fK t J * uey in the chair , it was resolved * . !?* a meeting be held every Saturday evening , tD ™ L ? kTavern » forthe purpose of enrolling members w the National Charter Association . " lflat erery effort be made to get up a public meeting Ja Marylebone . " "That Mrf Blaie be ueputed to convey fire shilling to the Provisional wmniittee to aid in the agitation for the People ' s vaarter . After the transaction of other business , Tae meeting adjourned .
NATIONAL CHARTER LEAGUE . l ^ e GquwU meUUMT busvaesstwims , 5 , Saw Bui , City , on Wednesday evening fast . There were present , the President , Mr . M'Gtath , Mr . Side Mr fiobden , Mr . Alinutt , Mr . Kbbbs , Mr . Fairchilo , Mr * wxod , and the Secretary , Mr . Clark . Tie principal business of the evening consisted in . preparations for the approaching public meeting , all of which ^ ere most satisfactorily completed .
ME . TAYLOR AKD THE IASD PLAN . _ io hie eduob or the kortqern smb . j ^ iB Sa , —Allow me to draw attention to a fact wch has , as yet , not received any public notice . f " - Taylor , in bis first letter to Mr . O'Connor , . Js , that he was induced to make certain remarks preference to the National Land Company in con- * finance of what appeared in the Tory papers of «* s county . The truth is , the remarks that Mr . gj * Hote to were not published till afieb bis di , a e ** l ™* & no comment , as it will at once TavW r ^ P itiaWe position in which Mr . J aylor has placed himself . Wm ^ . ™" " * JoroCM '
ERNEST JONES AND HIS SUFFER ING COMPATRIOTS . T ? . T ? VT 5 ! ST -TH ^ THK A VTt TTTO Ci-rTTS-rrrm
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 ofyonr advocates are still suffering ; the miseries inflicted under the " 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 sonl-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 friend , and most eloquent champion , Ernest Jones , which I now make known to the public . I have hitherto abstained from divulging these facts , because , being engaged in efforts to obtain the release of Mr . Jones , I deemed it prudent to abstain from that publicity which has now become necessary in consequence of the failure of those efforts .
Having received intimation , some weeks ago , through Mr . Jones ' s family , that his health had so deteriorated as to cause his removal to the . prison infirmary , and that his friends were under the impression that -the prolongation of his imprisonment might terminate fatally , I set about seeking influential aid , with the hope of obtaining from the Home Secretary , a merciful remission-of the remaining term of-Mr . Jones ' s sentence . Being an inhabitant of Marylebone , and Mr , Jones , when with his family , being also a reresident of the same borough , the idea of
seeking the aid of its representatives naturally suggested itself . I easily obtained an interview with Lord Dudley Stuart , who , at once , in the kindest manner , expressed the utmost willingness to promote the humane object for which I sought his assistance . Lord Dudley Stuart , while desiring the co-operation of his colleague , wished also the aid of some other members of Parliament , whom he named . I found Sir Benjamin Hall equally ready to exert his influence ; and letters from Mr . Wakley , Mr . Lushinglon , and Mr . Bernal Osborne , assured me of their co-operation .
On Lord Dudley Stuart , Sir Benjamin Bah " , 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 io any appeal unless supported by a medical certificate , affirming that further confinement would he fatal to the life of the prisoner . Accordingly , Mrs . Jones made application to Sir G . Grey , which application was supported by Sir Benjamin Hall , for an order to admit her family ' s medical adviser to see Mr . Jones . After some delay this request was refused , Sir George Grey intimating that he could not " consistently with . the rules of the prison , make an order that Ernest Jones should 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 public duty would not allow him to recommend any mitigation of Mr . Jones ' s sentence at present . ' Let me observe that , as that sentence will in due coarse expire—in about two months- —if Sir George Grey contemplates anything like an act of clemency , though not " at present , " he cannot too soon carry out his good intentions , if such an act is to be of any service to our suffering friend .
The above is hut a "brief statement , of the efforts that were made , but which is sufficient to convey to your minds an idea of their nature and result . I consider I am performing a duty on your part , when I thus publicly express my thanks to 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 K rdl principles .
Let me next call your attention to the treatment Mr . Jones has experienced , and leave yon 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 of the 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 been subjected to the " separate'' and " silent" system ; the movements of his head and arms being made a matter of regulation ; " skilly , " and the ordinary pr ison diet , being his fare ; the particoloured cap and convict dress , his clothing . Members of his family only , have been permitted to see him , and they but once in three months , and his correspondence has been subjected to the same restriction .
Almost immediately on his committal to Tothffl 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 Ms treatment might be made more in accordance with his sentence . The prison authorities buried that letter . Mr . Jones also desired to petition Parliament , describing his severe treatment , and demanding redress . Again
the 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 then 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 1849 , Mr . Jones was "locked up , " I presume in what is commonly termed the "black-hole ; '' but under what circumstances I am not informed . Some time in the summer of last year , when the cholera was at its height—the oakum money being due , and Mr . Jonea refuging to perform that unhealthy and degrading labour was sentenced , by the visiting justices , to be locked up in a ce )\ , four feet by six , without chair or table j -witb . a "bedstead of itou , "but no "bedding ; without books ( 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 sicjt list . He had been receiving infirmary diet for Borne time
previously , and was suffering from a severe bowel complaint . His cell web due south , and the heat was stifling . Talcing into account this fact , together with that of the instant change from food of a comparatively superior kind to bread and water only , it is wonderful that the 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 and another—to the same punishment , for another term of six days a sentence which , however , was not carried into effect , as the money was paid that afternoon . WId suffering theprauflliment already
described , the . time canie for Mr . Jones to write his quarterly letter-to his family ; but he was told thathe could tfeitherwritei ndrfeceiye any communication , while undergoing that punishment ! , ' From the month of March , 1849 y 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 ; arid 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 on continuously , till what with sickn . • •»_ _ _ , * ....... ^ . _ ¦ .. -
ess , medicines , sleeplessness , and tic-doloreux , the sufferer was reduced to a state of complete exhaustion . Every fresh attack left him weaker , and with less appetite . By degrees want of sleep resulted in a tendency to fever . About the latter end of February Jast Mr . Jones , being under infirmary treatment , was Sitting before the fire , waiting the arrival of the surgeon , when feeling himself more than usually ill , his sight leaving him , and pulse hardl y 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 unablo to close his 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 the fire-place ^ with his back resting against the bars of the grate ; fortunately for ouv poor . friend the fire was very low , he net haying 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 liis alarming condition immediately fetched the
surgeon . My friends , for reasons , which I need not express , I stifle my own feeliijgft ¦• jn omitting comment on this sad , sad story , if 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 famil y to ascertain , through their own medical adviser , the actual state of Mr . Jones ' s health ?
It is only just to state , that from the . timo of the alarming attack as above described , Mr . Jones has not been wanting in good treatment , both as regards diet and medical attendance . His health , too , has undergone a change for the better , but that he is yet seriously unwell can admit of no doubt , seeing thatThave " 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 Mm his life immediately , may sow the seeds of fatal disease in his constitution . One of
the prisoners just liberated , and who saw- —but only saw—him in the prison chapel on last Sunday week , describes his appearance as confirming the worst fears of his friends . Mr . Jones makes no complaint of the personal conduct of the Governor , Under-Governor , Surgeon , and other Officers . He finds no fault with their carrying out the prison discipline , but to that discipline itself he justly imputes his sufferings—indeed , the " model " treatment so much lauded by the Government and its supporters , is . a system of slow but sure MURDER . Another year ' s detention , or perhaps one-fourth of that time , in Tothill Fields Prison , would certainly doom Ernest Jones to the sad . end of Holberry Clayton , "W illiams 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 dragging Jind 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 . " Of the books sent to him by his friends—the People ' s Journal , a . nd Emerson ' s Orations- ^ wero refused' to him !
I have not heard of late , anything of importance concerning Dr . M'Douall , but it is notorious that his treatment has been excessively severe . In the same prison—Kirkdale—a number of the " Irish Confederates " are still . suffering . One of them , as lam informed by a note received from Liverpool , named Sommers , is so reduced in bodily strength that he is only able to walk with
the help of crutches , and it is anticipated that on his liberation' he will be utterly unfit for labour . The friend imparting this ' information , adds an appeal to the benevolent to afford to the wife of poor Sommers some pecuniary assistance . " Subscriptions to be addressed to Mrs . Semmers , 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 of the " Star " that a public meeting was holden on Tuesday evening last , at the John-street Institution , Fitzroy-square , when a memorial to the Home Office was adopted , urging the justiee and humonity of releasing the Chartist prisoners yet in confinement . I invite you to immediately follow that example in your respective localities . Should our memorials only elicit the official 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-sighted . Sir George" Grey and his colleagues might know their merciless treatment of able and earnest men can have no other effect than to make those men the more ' dangerous , " and the more-than-ever determined 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 circumitances connected with his treatment , I may add that , in dwelling upon Ms case , I have at the same time pourtrayed the cruelties to which the others have 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 , Ernest 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 efforts , be speedily restored to home and family , and to you—the People , who will know how to do honour to the men who have endured so much in your cause , — the cause of Justice and Human Progression . I am , my Friends , Yours Fraternally and Devotedly , G . Julian Haiinet . . Apbu 25 th , 1850 .
O'CONlfpR , m ; I £$ jBRADSHAW . ; : ;^ : ppujKT /; p ^ . ^ bJ ^^ B . ^ 4 wn : ' 2 S . " , Mr . iSergeMi ; Wn ^ 8 ; app . h > d ' . toin ( 9 court in this case lor a new . trial on the grounds of misdirection , rejection ; Of evidence , and that the , verdict was against , evidence .,., The motion was part heard on Monaay , and proceedgd with at the sitting of the ? . ° " Tuesday morning . The action was brought w ! ';• e rgus O'Connor against the proprietor of ? - Ha k ; r gham' newspaper , for libel . The case was tried before the Lord Chief Baronand after -v- ^»^— : . ¦ . ,. ' . .
, ooen-PJing hecourtfortee days , the jury returned a verdict for the defendant , accompanied by the unanimous resolution that , in their opinion , the personal honour and honesty of the plaintiff was unlmpeaciied . In conducting the case on behalf of Jne plaintiff , he ( Sergeant Wilkins ) complained that he had strong prejudices ' to contend with , and those prejudices had been aggravated by the manner in winch tne learned chief boron left the case to the jury . The learned judge addressed the jury for two nours and three quarters , giving essays on various
Ihe Chief Baron . —Tcs , brother Wilkins , but the counsel at both sides made speeches of equal length ; and 1 had to go through all the evidenee taken on a three days ' tml . f Sergeant Whjkws . —My lord , I do not complain o the length of the aumming up , but only of how little ot the time which it occupied was devoted to the question at i 3 Sue . Proceeding , however , to tho specific grounds of complaint , he contended that the declarations of the plaintiff , published in the northern Star , of which the plaintiff was
nroDrietor , nad been improperly rejected . Ono of the charges against . Mr . O'Connor was , that he had purchased lands with the monies of the subscribers to this Land Plan , and had these lands conveyed Coins own , use . without any declaration of trust ' , on the part of the 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 tne subscribers ; but this evidence was reiected .
Baron Platt . —Was the only declaration of trust that which was published in the newspaper ? Mr . Sergeant Wilkiss . —In the newspaper , my lord ; but we . proved that it had been inserted there by Mr .- O'Connor's' direction , and with his name . . . Mr . Baron Parkb wished tho learned SGrgoant 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 . 0 Connor had purchased various estates for tho National Land Company . One of the purchases was said to have annexed to it " a splendid baronial hall , " and the paragraph ' wound up by saying , '' This is tho way in which Lord John Russell should feed the Irish people . " Passing on to the point of misdirection , the learned sergeant submitted that the Lord Chief Baron had told the jury it was a question of bonafides as to Mr . O'Connor , but it was also a question of bmmjidts as to Mt . Bradshaw . Now he ( Sergeant TVilkinia ) submitted that how far Mr . Bradshaw acted bona fide or not formed no part of the question . ¦ '
Chief Binov . —Surely it did upon the question of damages . Mr . Sergeant TVilkins . —But it was not ' so left to the jury . On several occasions in tho 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 botia fides as regards Mr . O'Connor , but it is equally a question ot bona fides as regards Mr . Bradshaw . " Th'e only question was whether Mr , O'Connor was an honest man ; the
jury found he was an honest man , and then found a verdict against him . 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 the subscribers to this company . I did not consider that Mr . Roebuck , in conducting the defendant ' s case , put it upon that issue . It was dishonesty in a political rather than a personal sense that was imputed , and that is my understanding of what the jury meant .
Mr . Sergeant Wilkins could not suppose the Chief Baron remembered the many severe expressions used by his friend 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 i and did his lordship forget -Mr . Roebuck ' s figure , that the Land Scheme was a pump to pump the money out of the pockets of these poor * peopl § , into that grand reservoir his own pocket ? Tho Chief BARott . —He certainly did use these expressions , but yet I did not understand him to contend that Mr . O'Connor nad appropriated any ot this money to his own purposes .
Mr . Sergeant Wilkins had forced his learned friend to admit ; , in the end , that not one 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 . Brad 3 haw's bona jid < $ . 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 , untsad of doing so himself . The Lord Chief Baron , in summing up , and going through the various statements in the pica , proceeded thus : — " It ( meaning the plea ) goes on to state that , by reason of the premises as aforesaid , the 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 of the real state of things . This is the question , and you are to put your own construction ( I can in that give you no assistance whatever ) on what the defendant meant by the word ' dishonest . ' If he meant to say that the scheme was a political imposition , inasmuch as all had not been stated that ought to have been stated , then the plea is made out . But if you think he meant personal dishonesty , then you must decide whether the plea be made out ; but the two propositions are by no means identical . " Mr . Baron Parke . —Tho Chief Baron thought two distinct views might -be' taken of the publication
alleged to b a libel . If looked upon and referred to as a scheme of a public nature , then it was a proper subject for fair comment ; and if the publication did not exceed fair comment , the defendant would be entitled to a verdict on the plea of "not guilty . " • Mr . Sergeant Wilkins observed that the plea of " not guilty " was found for the plain tiff under tho Chief Baron's direction . What he now submitted was , that his lordship left it to the jury to put ; a construction upon the plea of justification , which was his own exclusive province . ; The Loud Chief Baron . —I certainly adhere to the -view I took at the trial . I thought the plea went to the extent of justifying the charge of dishonesty in reference to this company , aa a public scheme , and the jury were to determine how iar it was proved by the evidence . :
Mr . Sergeant WiLKiNssaid the jury , bad found , in fact , that the ploa was false , for they said no personal dishonesty could'beimputed to Mr . O'Connor , and having that viewy he could not conceive ho » v they could have found a ' verdict for the defendant , if they had not allowed the question na 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 ahd 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 . M ' presumed ttio couvt would sujvee \ nth torn that tWa did not necessarily follow . ( A laugh . ) It it only stood upon this point , he thought the court should grant him anew trial . ' „ The CniEP Bahos . —H the covvt where this is to be decided should hold that the society is illegal , surely that would be an end of the question . On the other hand , if the legality of the society should be established , there is an end of the question . Mr . Sergeant Wkkins contended , that as the subject was about to undergo discussion , and was nearly ripe for judicial determination , he was
entitled to a rule niti for a new trial . The last point of misdireotion which he insisted on arose upon a clause of the Bankruptcy Act , 0 Geo . IV ., c . 16 , 8 . 79 . That section provided that where a bankrupt , as trustee , 19 possessed of real or personal estate , the Lord Chancellor may order a conveyance or an assignment of the trust estate or funds to other trustees , who should hold them upon the same trusts as they were held upon by the bankrupt . This being the state of the law the Lord Chief Baron had informed the jury that the estate ? purchased by Mr . O'Connor would go to-his eredi tors 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 , w this soheme could have norelwfiaequity , because it was illegal . He submitted , ia conclusion , that the Chiof Baron ' s
direction on those . several matters , jws not Well founded in point of law . '" y . Mr . Baron Pabke . —If the-iuW- ' took th « ^ ieW that the alleged libel wasa fair . comment ; m , bn I sclieme of this kind , the verdict ought to have been entered on the plea of not guilty / for the defendant Mr . Sergeant Wilkins , on behalf of the plaintiff would have no objection that the verdict should bo entered for the defendant on the plea of not guilty , if the plaintiff could have the verdict entered for him on the plea of justification . The Chikp Baron ; WeJJ , perhaps the counsel for the other Bide will consent to that course . 'Mr . Roebuck and Mr . Baglev , who . were counsel for the defendant at the trial , were understood to intimate that they had no instructions to entertain the suggestion . Mr . Sergeant Wilkins did not expect the proposition would be readily acceded to , as certain consequences would follow the'eourse suggested . It would be hard he thought that Mr . O'Connor should pay for tho consequences of any mistaken view taken at the trial . . The Lord Chief Baiion . —I thought , brother Wilkins ,-it was all a question of character ? Mr . Sergeant Wilkins . —Oh ! no , my lord , the jury disposed of that ; they found that the plaintiff ' s honesty was unimpeachod ; but there are certain golden fettei-3 binding tho plaintiff , and fiom which he is anxious to escape , and , perhaps , if your lordship granted a rule , some arrangement might be come to . Baron Paiike . —We can't grant a rule fur that purpose . The Chief Baron . —We cannot grant a rule merely to give you an opportunity of coming to some arrangements as to costs . We understand you to move for a rule upon tho grounds already stated . The court will take time to consider whether they will grant a rule . Judgment deferred .
: — » ; NATIONAL LAND COMPANY . COURT QF QUEEN'S BENCH . —April 24 . THE NATIONAL LAND COMPANY V . WIIIIMAnSII . Mr . Peacock , Q . C ., and Mr . Macnamara appeared for the plaintiffs , and tho Attorney-General and Mr . Welsby for tho defendant . In this case , a . mandamus was issued' calling . pnMr . Whitemarsh , registrar general of Joint Stock Companies , to show cause why ho 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 tho . registrar deemed tho Company to be illegally constituted , as carrying on the business of a Banking Company , and acting in a manner not in accordance with the provisions of the Joint Stock Companies Act , which was an act for tho formation . of 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 land ;> and wa 8 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 vraa put in , and the case now came on for argument . Mr . Peacock , in support of the demurrer , said that the Company had already been Provisionally Registered , and that a deed had been drawn up forthe purpose of obtaining a complete registration of the Company , the whole of which deed was
set forth in the mfcwkmw . Before a Company could bo completely registered , a deed must be signed by one-fourth of the shareholders , and that requirement had been complied with in this instance . ' But it was asserted that the Company was illegally associated , and that the allotments 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 lands . . If they could purchase the lands at once , they could be divided at onco 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 tho land was sold , 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 the shareholders . The five per cent , was an investment , on the part of the shareholders , for the purchase of lands , and the alloments were intended to be allotments not to a few indiriduals , as in a lottery of chance , but to all , from time to time , as the Company might become pur . chasers of land ; so that , in point of fact , the
Company were the purchasers and sellers of . land , the latter operation" beinsj by allotment among themselves , in consideration of tho rent-charge . The question then arose , was this scheme' within the meaning of a lottery ? Clearly not . It was not a drawing of lots to see what shareholder would get a preference or prize , but a system of allotment for the , benefit of ail . But how , it was asked , where they to divide the land and house which might be thereon ? They could not , it was said , divide a house among the whole of the shareholders ; and tho question arose , 'who was to take the house ! Coupled with the land , it was to be taken by allotment , the land being subject to the rent-charge set forth in the deed . ' It was , in fact , to be determined by drawing lots , and that was the mode laid down in the second volume of Blackttone ' s
Commentanes , p . 188 , for the partition of lands among parcellers . A rent-charge was fixed opon one portion of the land for purchase of other lands to be disposed of by lot to . those who had not yet succeeded in the drawing , so that all were to be served . JEvery person to whom land was allotted was to pay a rent-charge . The question was then , had all the shareholders who subscribed to this Company subscribed to an illegal transaction ? If so , then they could not recover their money from the Company , and if this deed was illegal , then all the money invested in the scheme was lost to the parties . But he would show that the deed was not illegal . The earliest statute on this subject was the 10 th and 11 th Will .
3 , c . 17 . That was an act entitled , "An Act for Suppressing Lotteries , " which said , " whereasseveral and divers mischievous persons have for years past set up lotteries , not only in London , but in several large towns , and have induced the children and servants of families to buy tickets in these lotteries , for the purpose of making money for themselves ( the companies ) , be it enacted that , all such lotteries , and everyother 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 tho third section . Now , the question was , what lotteries were those ? They were lotteries set up by persons for the purpose of ootaininir money from
other persons , under inducement of gaining prizes in those lotteries . Was there anything like that in the plan and proceeding of the National Land Company ? This is not a Company setting up a lottery and taking money from the parties on the nncertaintj of drawing . This was a Company purchasing land and sellhg 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 bo a lottery ? ¦ . Mr . Peacock . —Yes ; hut such a case ns this of the National Land Company did not fall . within the meaning of that case . . ; Lord Campbell . —If all persons enter into a scheme by which some of them are to be benefited by a chance , why , then that would be a lottery .
Mr . Peacock . —Yes , my lord ; but every one in this case is to have his allotment , but it is to be determined not . by the uncertain of a lottery . The word " lottery" is a word cjusdem generis . The Queen v . Scott , 8 Jurist , . p , 473 , contained a decision on tho point , which turned on a benefit association . The other statutes which bore on the question of lotteries were the 8 th George I ., c . 2 ' , s . 30 . and the 12 th George I ., c . 28 , and it was said on tho other side that this Company came within the meaning of those . acts . The 8 th George I ., by which any person setting up a lottery was subject to a penalty of £ 500 , did not at all appear to him to apply to a case like the present . There \? eve a number of persons opening an office , in ( lie Scheme of . which au ' wcvQ to ho suhsctlhers of"chatwo , " and one was to have all the benefit of the whole , in the di'awm ' g of a lottery ; but here every one -was to have an equal share with the rest . lie
apprehended , also , that this was not a sale of ianua ; bni if it was aside of lands , then the Company ^ ho was , the seller , got the lands . His learned friend ( the Attorney-General ) held that the person who got the land was the purchaser ; but that was not so , he was tke " vendor . " The whole Company were the purchasers ; the one took the land , and all the others took the rentchaige , at the . rate of 5 per cent , on thewholo amount of the purchase money of the 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 flnacted 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 benefit society raised a joint-stock fund , by way of " Moan , " at five per cent , interest , and in which the advances were put up for the bidding of the members of the sobiety . ' "' ¦
.. . Lord Campbkli .. — That was an auction rather than a lottery . ' , •¦>¦ ¦ " ¦ > ¦ - ¦ ' - ¦ --Mr . PBAcopK .--inthatoasethememberaofthe society all held au interest in tEe . loan , and ; a ; now trial was move d for butwaS ; refused ,. th ©; Oq « r . t being ofopinion that itbeJwn was , from % fu » 4 » of the parfeslup ; and Lord Chief Jiwtiw Twdall ,
that ' occasion ' , jaiii that there had been no loan but merely an advance out ; of the funds of the fuiuls of thei partnership of the " . society . ? There was an act piVpiiriiament also which had reference to the _ Art ^ niph ,. and in that scheme there were some instances where some of the subscribers did not get prizes . Mr . Justice WionTMAN . —IJpt so ; for in that scheme there were all prizes . '
• Mr . Peacock . —There were some blanks , I think , for I got one . ( Laughter . ) , . Ihe Court again corrected tliellearnedgentleman , who said , •¦ then if all are prizes , some an very good prints , and some very bad . " ( Laughter . ) But here , if the scheme were carried out , each person would get an allotment equal to that of his nnin ' ° J IIld 1 V ><» tMH » raised was , whether the h « wT £ v a 3 a , » kl » g company ? lie did not know how that was to be made out
The ATTORNF . Y-GESEIUL .-It IB SCt Out m tllO return to tiio writ , The deed was for complete registration as a Kutional Land Company but ifc appeared that they were carrying on tho business of a banking Compimy , and he ( the Attorney General ) contended , that liavmg become known to the Registrar General , warranted him in refusing a certificate of registration to the Company , and- lie so refused on the ground that it was a / i illegal Company . If the Company have wrongfully carried on , the business of a bunking Company , then the Company is not entitled to complete registration . Ajr , Fmcock , —A company ia not a company until completely registered . Lord Campbell . —All that they ask is to be registered , in thu terms of the deed .
Mr . Peacock . —That , my lord , is all ; and if the Registrar would grant them registration , they would be bound by the terms of the deed . Lord Campbell . —If the deed is in express terms , then the Company could be prevented by theltegistrar from carrying oh any business not in the deed . The ArroiiKJsi-iiEXERAt ,. —Tiie EegiatiTHv when they came 10 him to iisk for complete registration , said , " No ; because before you came to me , and when you weje provisionally registered , you did an illegal act , which renders you liable to a penalty . " Lord Campbell , —There was no pretence for saying that under the deeds a banking company could be carried on .
Mr . Peacock did not see anything in the deed which implied the ' carrying on the business of tanking by the Company , and inasmuch as they hud not doiie anything unlawful , he hopeu tho court would be of opinion that the Registrar-General ought to grant complete registration . The Attorset-Gknekal felt it to bo his duty to oppose the application , and thought he could show that the Begistrar-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 tho first point , the object for which the Company was formed , and the n iture of the Scheme , > ere 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 tlmt 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 arc of that nature .
The Attorney-GenuraI ; drew the distinction , and contradistinguished the companies which come within the meaning of the words from those which do not , and are exceptions , as literary institutions . Banking companies had their own . act , and were governed by it . He could not see how the National Land Scheme could be considered as constituted for commercial purposes . Lord Campbell . —It is quite clear the company is associated for the purpose of buying land . The Attobxev-Genbral . —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 to registration ,
the principle would be productive of much lll-conscquence 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 greater chance than another , is not that a lottery ? The learned gentleman then referred to the 10 th and 11 th William III ., and to the Acts of George I . and II , referred to by Mr , Peacock , and urged that those acts were decidedly violated by the proceedings of the National Land Company . They came in here to call upon the Court Co compel the Registrar to do that which he belief ed it would be illegal to do .
Lord Campbell . —Until the Registrar does that they ave not properly a Company . Tlie Attorney-General . —It is alleged in the rc-( ura th&t they are cavvying on the business of a banking company , and surely if they are a Company for the purchases of lands and houses , and are carrying 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 carry ing on a business with the funds of the Company , which you s . iy is a banking business ? The Attorney-General . —Yes , my lord . | Lord Campbell . —The court thinks nothing of that'obiection . -
The Attorney-General 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 Wightman . —Do you mean to say if they are law breakers in any respect that they are not to be regarded for any Jawful purpose ? The Attorney-General was of opinion that the Company had decidedly violated the statutes , and that for the object under consideration they were not in a legal position . The learned gentleman
referred to several authorities , and concluded an elaborate argument by submitting that the Company was not entitled to registration . . v Mr . Peacock replied , and referred to the 7 th and 8 th Tie , 0 . 110 ., which gave the parties a power to form themselves into a Company . Lord Campbell said the Court would consider the objection as to the Company being for any com mercial purpose and purposes of profit or lottery , but as to any other purpose the Court did not think it necessary to consider the arguments or point to advanced .
Cfjartist intelligence .
sdmJw ? ^ tended P ^ promotion of native ?™« Boa m ttteuorfhrwert proTincea of India Las ^ pr offlulgateabyttoKjTaiaDent . .
The iaib warlike news from Russia i 9 confirmed by all the German and Austrian papers . The KUSsian troops on the frontiers of Prussia are quoted at 160 , 000 men , and strong , ^ rwaforcements are said to be marching up . 50 , o 60 i amoog them Rre EasoKir and Circassian borseflifin ;
THE NATIONAL VICTIM COMMITTEE TO THE FRIENDS OF DEMOCRACY . Brother and Sister Democrats , While we most cordially thank those who have done their duty , and are fully aware of the many appeals which have been made to their sympathies , we consider it to be our duty to address you on the present occasion . We are most happy to state , that twelve of our brethren we ' re released from their dungeons last week ; and we regret to add , that many of these patriots who have suffered most acutely 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 of the middle classes , many of them cannot obtain employment , consequently , they are now reduced to greater- destitution and privations than they were under the tender care of our merciful Whig Government . Aa they are thus circumstanced ,, we call on you to render them all the assistance in your power , and trust that we shall » ot appeal to you in vain .
We also beg to . remind you that our esteemed friends , Earnest Jones , Dr . M'Douall , Fussell , Sliaw , and other brava patriots , are still subjected to- all the horrors of imprisonment , and that , thek wives and . families ara looking to , aod require , your support » _ not forgetting these whose fathers nave been torn from their native land , aad also those who have lost their only projectors , their , lives being sacrificed in the , cause of suffering Immunity * ... .... ' .
We further are compiled to state that the fund foi exempting Ejnacst Jones ,, and John jPussell , from picking oakum , is quite exhausted ; and we ic&fc satsfied that you will notejbpardise their-valuable lives , by neglecting to swpp ly the small amount required for ibat purpose during tho brief period that remains of their impr isonment . ' In conclusion we again call on you in tho name of justice and humanity , not to delay in responding , reminding you to "do uato other as you would have others do unto " " —""
you .. .. Signed oa behalf of the Committee ; ^ - ^ K ; . Jo . . ARNOTT fcS ^ etiij ^^) 14 , Southampton-street , Straa # i ^ #$$ &J ^ $ S April 25 th , 1850 . M ^^ M- ^ w P . S : - ^ I have much pleaBWe fe W&ife > Francis Iiobney , convicted ^ ofiJeffliljiSiw ^ aCa ; ; ^ KMQgmmV . hM Wen tbis day 138 Bm ») .
A . V& 1 L 27 ,, 4850 . . & AT 3 THEX tfOMBE&WJ ' STAR : * *^^^^ i __ /«/ i ?• ¦ l i .. ^ _^_ - , __ 'ZHJmLLl ¦ ¦ " » - ¦ - ,.
¦¦Kiilrn Nrnrillcn • • Monies Received •Bos Xhk "Wsbk'- Esbino Tbubsoat, Asso.25 ,1850.
¦¦ Kiilrn nrnrillCn • MONIES RECEIVED Bos XHK "WSBK ' - ESBINO TBUBSOAT , Asso . 25 , 1850 .
Northern Star (1837-1852), April 27, 1850, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1571/page/5/