« AnteriorContinuar »
hardly allowed to come into court. The other case was who are brought before the magistrate, no doubt; but that of the daughter of a prisoner; there was an indict- against all that, one cannot help setting the great adment for murder, or manslaughter, in killing her vantage of the publicity of the proceeding, both premother by starving her, and they had chosen to find a venting any malpractices by placing the magistrate, bill against a child of twelve or thirteen years old, as who is then the court, in the eye of the public, and well as against her father, and the child was kept also by the great benefit which arises with a view to in prison the whole of that time as well as the police, from its tendency to discover evidence, and to father ....
enable the parties prosecuting to be put upon the Where persons are put upon their trial, it is desirable, traces to find witnesses; so that, upon the whole, 1 with a view to its operation upon the public mind, that have no doubt whatever that the benefits exceed the only those cases should be tried in which convictions disadvantages of a public examination. do take place, and would; it is an encouragement to Has it not a rather contrary effect in some instances, persons who may have a tendency to commit crimes to namely, of affording guilty parties the means of esfind that there are acquittals, the merits of which they cape ?-No doubt it may have that effect. I am talking do not understand, and in which cases, therefore, they of the balance. may be disposed to think that the parties have escaped Mr. W. Ewart.- Does your Lordship agree in the by a lucky chance.-I think that is one of the evils of following view which is expressed in the Eighth Report acquittals where there ought to be no acquittals, whe- of the Commissioners on Criminal Law, in the year ther by defect in the law, or defect in the machinery 1845. Summing up the subject, they say, “The existof the law, or by carelessness.
ing law is by no means so effectual as it ought to he; Unnecessary prosecutions ?— Unnecessary prosecu- the duty of prosecution is usually irksome, inconvetions, or negligent prosecutions. Acquittals are always nient, and burthensome; the injured party would most hurtful; because, as you have just suggested, they often rather forego the prosecution than incur extend to the encouragement of offenders. I take for granted pense of time, labour, and money. The intrusting that the first thing which a person who is wickedly the conduct of the prosecution to a private individual disposed does, when he is ineditating the commission of opens a wide door to bribery, collusion, and illegal an offence, is to look to the means of perpetrating it. compromises ?" Certainly, generally speaking, I The motive exists in his own mind; then the next thing should agree with that. That is one great evil at lie looks to is the chance of escape; and the first chance present existing, which I hope will be remedied by of escape he looks to, no doubt, is the chance of getting some of those measures which the Chancellor says are away, and not being seized, or not being found out, if it now being framed upon the ground of my resolutions is a concealed offence. But the next thing he looks to of March last. One great hardship to poor prisoners is, no doubt, the chance of escape if he is arrested. He is, that they have no means of bringing their witis, as all men are—wicked men among others—very nesses to the trial; and it has been suggested that they sanguine in the estimate which he forms of his own might have their witnesses allowed their expenses, chances, and he first expects to escape altogether bo- upon their acquittal, after the trial. But, alas! they dily; he then thinks, “Well, but if the worst comes have no capital wherewith to bring the witnesses beto the worst, I shall be caught; what chance have I fore the trial; and it is to bring them to the trial then?" He then calculates the chance of escape; he that they are wanted. Accordingly, one of my resolutakes that into his account; and all that train of tions is, to give the power to the committing magisthought passes through his mind in estimating whe- trates to say what witnesses shall at the public expense ther it is worth his while to commit the offence or be brought to the trial. not, so far as it is a matter of calculation. It is, (and Has your Lordship turned your attention to the it goes much against many of the arguments used upon French system on that part of the subject?--They allow this subject), that a man is under the influence of all expenses. It would be a dangerous thing for us to violent passion, or of violent propensity, or of great fear give so large an allowance as that. and alarm about his solvency, and so forth, and that The Attorncy-General.-Does your Lordship think then his calculating powers are laid asleep, and that that our present system is detective in this respect, that therefore, under the influence of those motives, he com- there is no one to see that the evidence is complete, so mits the offence. That is one of the reasons, among as to insure conviction where a conviction ought to many others, which make one exceedingly anxious to take place, between the time of commitment and the look to prevention rather than to the effect of punish- time when the bill is found, and the trial takes place. ment—that is to say, prevention by good moral training, A magistrate examines and sces upon the depositions sometimes called education: but I call it good moral what he thinks to be a case in which a trial ought to training, beginning with infant training; because I am take place; he commits the individual, and he is ent afraid it is but a melancholy result which those prac- to prison, and remains there till the time of the sessions tical administrators with whom one has discussed the or the assizes. The prosecutor, who is not a man cog. subject have come to, that the effect of deterring by nisant of the law, comes to the assizes or the sessions, example is not great; certainly much less than the goes before the grand jury, and prefers a bill upon the preventive effect of moral training.
depositions; but there is no one whose office it is to Mr. Phillimore. - Your Lordship thinks that the ap- look, prior to that time, to see that the evidence upon pointment of public prosecutors would contribute much which the magistrate committed is all the evidence to the certainty of punishment ?-Certainly.
which can be procured, or is, at all events, sufficient And I suppose your Lordship agrees with almost all evidence to prove the case ?—That, no doubt, is a great writers on jurisprudence, that the great secret to pre- defect; and by the practice which I have mentioned, vent crime is the certainty of punishment ?-Yes, as far where the clerk of the peace makes it a rule in some of as deterring goes.
the counties always to employ the same counsel
, and The Lord Advocate.—What do you think would be to have constant communication with him in the ar the effect of a public examination before magistrates and rangement of the evidence, and finding out the evibefore coroners'inquests as an initial proceeding with a dence, the defect is to a certain degree remedied. The view to prosecution ?- There are great inconveniences, evidence is examined very fully, and the counsel says
, no doubt, in the publicity of the examination; there is “This will not do; you must get other evidence, othervery great hardship to the party brought before the wise we must not prefer a bill." magistrate, in its publicity; there is very great annoyance and hardship to the witnesses and to the prosecutor,
(To be continued).
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EQUITY and LAW LIFE ASSURANCE SOCIETY,
THE MERCHANT SHIPPING ACTS, 1854 and 1855,
6 0 0
GAZETTES.-FRIDAY, Dec. 21.
fields, dealer in ironmongery, Jan. 8 at 2, London, last ex.Thomas Purdy, Great Yarmouth, wine merchant, Jan. 9 at
12, London, last ex.-John Monk and Thos. Monk, Princes. BANKRUPTS.
end, Tipton, Staffordshire, boiler makers, Jan. 2 at 11, Bir. WILLIAM BEAVAN MARTIN, Mark-lane, wine mer.
mingham, last ex. of Thomas Monk.-Joseph Miller, Piccachant, Jan. 4 at 12, and Feb. 1 at 1, London : Off. Ass. dilly, fishmonger, Jan. 4 (and not Dec. 20, as before adver. Whitmore; Sol. Healey, 66, Basinghall-street.
Pet. f. tised) at 12, London, aud. ac.- - Wm. Dixey, Bradwell-near. Dec. 18.
the-Sea, Essex, innkeeper, Jan. 9 at 12, London, aud. ac.JOHN JOYCE, Bromley, Kent, baker, Jan. 2 at 2, and John Thomas Archer, Portobella-lane, Notting-hill, Bays
Jan. 29 at 12, London: Off. Ass. Graham ; Sol. Mat. water, licensed victualler, Jan. 9 at 12, London, aud. ac.thews, 2, Arthur-street West, London-bridge. - Pet. f. James Starkey, Old-street, St. Luke's, builder, Jan. 8 at 12, Dec. 17.
London, aud. ac.-William Jolley, Charing-cross, poulterer, THOMAS MORRIS, Murray-street, Hoxton New-town, Jan. 10 at 12, London, aud. ac.—Stephen Stringer, Not
straw hat manufacturer, Jan. 2 at balf-past 2, and Jan. 30 tingham-street, St. Marylebone, coach ironmonger, Jan. 8 at at 1, London : Off. Ass. Stansfeld ; Sols. J. & C. Robin. | 1, London, aud. ac.—Thomas Waller, Petersfield, Hampson, 7, Queen-street-place, City.- Pet. f. Dec. 20.
shire, provision merchant, Jan. 10 at 2, London, aud. ac.-T. WILLIAM WIFFIN and FREDERICK WILLIAM Lewis, Bath, builder, Jan. 31 at 11, Bristol, aud. ac. ; Feb. 7 KING, Long-acre, card makers, (trading under the style Lowson Marshall, Roker, Durham, timber merchants, Jan. 10
at 11, div.— James Ogle Holmes, Sunderland, and Young or firm of Wiffin, King, & Co.), Dec. 31 at 11, and Jan. 31 at 1, London: Off
. Ass. Johnson ; Sol. Stopher, 52, Cheap- at 12, Newcastle-upon-Tyne, aud. ac. joint est.; at half-past side.-Pet. f. Dec. 11.
12, aud. ac. sep. est. of James Ogle Holmes.-Richard Dunn HENRY KELLY, Arthur-street, New Oxford-street, and and Richard Dacre Dunn, Wakefield, corn factor, Jan. 22 at
Broad-street, Bloomsbury, builder, Dec. 31 and Jan. 31 at 11, Leeds, aud. ac. sep. ests.- Joseph Simpson, Leeds, 2, London: Off. Ass. Johnson; Sol. Rushbury, 2, Surrey painter, Jan. 22 at 11, Leeds, aud. ac. and div.-Geo. Tidd, street, Strand.-Pet. f. Dec. 17.
Codicote, Hertfordshire, corn dealer, Jan. 11 at half-past ll, THOMAS HEYWOOD and JOHN HEYWOOD, Wood. London, div.-James Churchyard, Lothian-terrace, Cold
street, Cheapside, London, and Melbourne, New South harbour-lane, Briston, builder, Jan. 11 at 12, London, dir.Wales, lace warehousemen, (lately carrying on business
Wm. Hearn, Slangate-wharf, Lambeth, carrier, Jan. 15 at 12, in partnership under the style or firm of Thomas & John London, fin. div. - Charles Henry Tugman and James Erens Heywood), Dec. 29 at 12, and Jan. 25 at 1, London :ff
. 1, London, div. sep. est. of James Evens Tugman.-- Samuel
Tugman, Great Tower-street, provision merchants, Jan. ll at Ass. Pennell; Sols. Maples, Nottingbam; Mason & Shut, 7, Gresham-street, London.-Pet. f. Nov. 27.
Seal, Little Queen-street, Holborn, china dealer, Jan. Il at DANIEL GARDNER, Banbury, Oxfordshire, pump maker, half-past 11, London, div.-Wm. Charles Goode, High-st.,
Dec. 29 at half-past 12, and Feb. 2 at 1, London: Off. Ass. Borough, warehouseman, Jan. 11 at 11, London, div.-Thos. Pennell; Sols. Brady & Son, 1, Staple-inn. - Pet. f. Leigh, Wellingborough, Northamptonshire, wine merchant, Dec. 18.
Jan. 11 at balf.past 11, London, div.-Michael Jones, OxfordSAMUEL HENRY RANFORD, Lewisham Railway Sta- street, grocer, Jan, 11 at 1, London, div.-George Edward
tion, Kent, livery-stable keeper, Jan. 1 at 2, and Jan. 29 Neal, Pembury, Kent, innkeeper, Jan. 11 at half-past 1, at 12, London: Off. Ass. Lee; Sol. Chidley, 19, Gresham. London, div.—Thomas Whitford Nichols, York-road, Batstreet.-Pet. f. Dec. 18.
tersea, candle manufacturer, Jan. 11 at 1, London, div.-G. JOHN HUGHES, Shrewsbury, Shropshire, maltster, Jan. Pyne, Bristol, cordwainer, Jan. 17 at 11, Bristol, div.-John
5 and 25 at 11, Birmingham : Of. Ass. Whitmore; Sols. Biddle, Leicester, glove manufacturer, Jan. 15 at half-past Turner, Wolverhampton; Motteram & Knight, Birming. 10, Nottingham, div.-Henry Mantle Hitchcock, Ilkeston, ham.- Pet. d. Dec. 17.
Derbyshire, miller, Jan. 15 at half-past 10, Nottingham, div. WILLIAM THOMAS, Bridgend, Glamorganshire, painter, John Thornton the elder and Joseph Ridgway Thornton,
Jan. 2 and Feb. 5 at 11, Bristol : off. Ass. Acraman; Sols. Godley and Hyde, Cheshire, cotton-waste dealers, Jan. 24 at Henderson & Co., Bristol.- Pet. f. Dec. 7.
12, Manchester, div. sep. est. of John Thornton the elder.RICHARD LONGFORD, Bath, lodging-house keeper, Jan. John Rushton, Carlisle, plasterer, Jan. 17 at 12, Newcastle.
7 and Feb. 5 at 11, Bristol : Of. Ass. Miller ; Sol. Bevan, upon Tyne, div.-- Alfred Platts, Sheffield, tailor, Jan. 12 at Bristol.-Pet. f. Dec. 20.
10, Sheffield, div. LEOPOLD GEORGE FREDERICK MANKS and JO.
CERTIFICATES. SEPH LINLEY, Horsforth, Yorkshire, joiners, Jan. 7 To be allowed, unless Cause be shewn to the contrary on or at half-past 11, and Feb. 4 at 11, Leeds: Off. Ass. Hope;
before the Day of Meeting. Sol. Tempest, Leeds.- Pet. d. Dec. 13.
Wm. Long, Oxford-street, laceman, Jan. 11 at 11, London. GEORGE KAY, York, boot maker, Jan. 11 and Feb. 1 at -James Robinson, Birmingham, shoe manufacturer, Jan. 14
11, Leeds : Off. Ass. Young; Sols. Phillips, York; Bond at half-past 12, Birmingham.—Thomas Walker, Kiddermin& Barwick, Leeds.- Pet. d. and f. Dec. 19.
ster, licensed victualler, Jan. 14 at half-past 12, Birmingham. THOMAS WATSON NICHOLSON, Salterhebble, near - Anne Staveley, Nottingham, printer, Jan. 15 at balf-past
Halifax, Yorkshire, oil merchant, Jan. 11 and Feb. 1 at 10, Nottingham. 11, Leeds : Off. Ass. Young; Sols. Ambler, Halifax ; Bond
To be granted, unless an Appeal be duly entered. & Barwick, Leeds.- Pet. d. and f. Dec. 17. SAMUEL ANDREW the younger, Royton, Lancashire,
Wm. R. Nield, Cannon-street West, shawl warehouseman. cotton spinner, Jan. 9 and Feb. 4 at 12, Manchester : Of. merchant.-Joseph
Littleford, High-street, and Nottingham.
-Wm. Flexman the younger, High-street, Kensington, corn Ass. Pott; Sols. Radcliffe & Murray, Oldham.-Pet. f. Dec. 13.
mews, High-st., Marylebone, coachbuilder.-C. Grossmith, LUKE HORSFALL, Accrington, Lancashire, draper, Jan, 4 Caledonian-road, and St. James-road, Holloway, baker.-H.
Strand, fancy soap maker.-Wm. Pattullo, Thornhill-place, and 25 at 12, Manchester : Off
. Ass. Hernaman ; Sols. Wright, Narrow-street, Limehouse, miller.-D. B. Herts, Higson & Robinson, Manchester.- Pet. f. Dec, 17. JOSHUA MADEN, Brandwood Mill, near Bacup, Lanca. Norwood, near Otley, Yorkshire, farmer.- George Armitage:
Sidney-square, Mile-end, commission agent.-M. Robinson, shire, cotton spinner, Jan. 8 and 30 at 12, Manchester : John Frankish, Wm. Frankish, and Thomas Barker, ShefOff. Ass. Fraser ; Sols. Higson & Robinson, Manchester. field, railway springs manufacturers.-Wm. Marratt, Don--Pet. f. Dec. 13. MEETINGS.
caster, attorney-at-law.-John Duffield, Oldbury, Worcester
shire, publican. T. J. James, Chatford, Condorer, Shropshire, corn dealer,
PETITION ANNULLED. Jan. 4 at 11, Birmingham, ch. ass.-- J08. Skinner, Bouverie.
Thomas Thompson, Sunderland, Durham, bookseller. street, Fleet-street, carpenter, Jan. 4 (and not Dec. 20, as before advertised) at ll, London, last ex. - Ralph Richardson,
PARTNERSHIP DISSOLVED. Caterbam, Surrey, builder, Jan. 8 at 1, London, last ex.-R.
Coard Wm. Squarey and John P. Bickersteth, Salisbury, John Ward, Croydon, common brewer, Jan. 8 at half-past 12, solicitors and attornies-at-law. London, last ex.-Phineas Cohen, Artillery-passage, Spital. [For continuation of Gazette, see p. 517].