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November 27, 1852.] THE LEADER. 1133
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THE WELLINGTON ORDERS. The various order...
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MURDER, AND ATTEMPT TO MUltDKK. IIknky H...
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MISCELLANEOUS. The Court lias remained n...
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Lord Ingestre's proposition for a substa...
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We have received a copy of the petition ...
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We hear that a petition, founded on conc...
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A deputation, headed by twcnf.y-oiio mem...
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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Transcript
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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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Important Judgment On The Railway Cab-St...
matter before me . I may perhaps , therefore , be excused for suggesting that when the learned Solicitor-General has his attention more particularly directed to that case , he will probably be induced to re-consider his opinion . It has been argued before me , and the position is set forth by the company in the case submitted to counsel , that ' although the legislature makes positive enactments which in themselves seem too clear to have doubt about , yet that the courts sometimes give a construction that the words do not appear to warrant . Of course in any question of doubtful meaning I should look with great respect to any judicial interpretation of a clause in an act of Parliament ; but I should not think of going'out of my way to look for strained
interpretations of language , which is plain enough until msmade the subject of vague and speculative definitions . As an attempt has been made to influence my judgment , by telling me that the superior courts often give a construction to an act that the words do not warrant , I may be excused for alluding to the conflict of opinion that sometimes arises when the courts have to speculate on the Legislature having meant something different from what is said . I may instance the well known contrariety _ of decision that has been given in reference to a clause of " the Vagrant Act , on the meaning of which Mr . Justice Patteson put an interpretation which las subsequently been overruled by the Court of Queen ' s Ucnch , though the opinions of Mr . Justice Patteson
remained the same . The point subsequently came before the Barons of the Exchequer , who , agreeing with Mr . Justice Pafcteson , differed from the majority of the judges of the Queen ' s Bench . So that what is the law in that court is not law in the Court of Exchequer . I allude to these circumstances for the purpose of showing how desirable it is for me to keep strictly to the common sense of the statute , when any speculation as to an implied meaning at variance with the expressed meaning is the cause of so much uncertainty , even among the highest andmost learned legal authorities in the country . For these reasons I adhere to my opinion that in prohibiting hackney carriages from plying for hire ' elsewhere' within the metropolitan lace
police district ' than at a standing or p appointed for the purpose , ' the Legislature meant elsewhere without exception , and that if any exception had been intended it would have been expressed . It has been alleged , in the course of these proceedings , that the only motive of the railway company , in wishing to substitute railway regulations for police regulations with reference to hackney carriages at a terminus , is a desire to promote the convenience of the public . Even assuming this to be the fact , it is not desirable that a certain number of privileged hackney carriages should be withdrawn from the control of the police commissioners , who are responsible for the performance of their duties , whilst the railway companies time mak
are under no responsibility , and though at one - ing regulations for the public benefit , may at another time think fit to make regulations less for the benefit of the public than for the profit of themselves . , Some regulations made by the railway companies have'been most inconvenient to the public ; and I may instance a very general practice of placing on the sides of the railway cabs numbers different from those on the legal p lates . The public , mistaking the number , placed very conspicuously on the side for the number of the licenses , in many cases have taken summons against a wrong number , by which a real offender has escaped , and an innocent party has been called on to answer for an offence ho has not committed . If , however , tho public convenience wore really the object of the railway company , there has been abundant opportunity for carrying that object into effect . After the hear-Commissioners
ing of tho case , Icommunicated with tho of Police , and I had tho authority of Sir Richard Mayne to express to tho company—as I did through tho secretary of the company on tho samo day I received such authority —tho readiness of tho commissioners to appoint a standing for hackney carriages at tho torminus , and also to adopt any re gulations suggested or hitherto enforced by tho company , if such regulations should bo deemed conducive- to ( ho public convenience . Tho timo alloufti for compliance with the , law lias boon employed by the company in endeavouring to discover whether by any possibility tho law win bo evaded . It is my duty to put tho law in force . Looking , however , at tho case boforo me , afl one selocted for Hottling the question , I do not consider it , nocoHHury ^ to inflict in this instance a inoro than nominal penalty . The defendant will , therefore , bo lined Is ., with tho costs of tho su mmons . "
'l'l » e next decision was against Little , driver 3214 , ' " or refusing to lake n fare at the station of the Hiime railway . This charge was preferred against him by Harry Chester , Ksq ., of the Privy Council Office , who wine up from Brighton a lew day a iigo , and requested f'l »> defendant to comey him to Downing-street , while Jilying for hire inside the station . The driver , in defrnee , saying that there were other cahs before him , «'»>»« ly the same as ho did then—that in , inflict a penalty <> f 4 () , v . and costs . On the hint occasion he gave a cauti (» i > ; and an defendant had disobeyed the law with Inn ( lv « ' « open , ho must expect to be lined .
1 'iltlo miid , ho had been a respectable cabman for tu'ont y-. six years , und had never been Hned before . . He i » 'int obey the regulations of the railway company . Mr . Acton said , that » ince the last cuse , order . s hud been Kivon l » y the railway company to the cabmen to take ( ll « ' HihI , fare that allied them ' . Mr . A'Heekott Huid , it would be hh well for the I'liblic t <» know that such was the ea . so iim the railway ' ¦ o uipuny . . JI < , , „„«( , , however , inflict ; a penalty of 4 O . v . «» d costs , which wtu » paid iminodiutoly .
November 27, 1852.] The Leader. 1133
November 27 , 1852 . ] THE LEADER . 1133
The Wellington Orders. The Various Order...
THE WELLINGTON ORDERS . The various orders and decorations of the late Duke of Wellington , which were exhibited at the lying-in-state at Chelsea Hospital , were on view , to the privileged , at Messrs . Garrard ' s , Panton-street , Haymarket , in the course of the week , no satisfactory opportunity having been afforded to the visitors at tho melancholy ceremonial last week to examine this most interesting and unique collection . Tho decorations were exhibited in a large glass case , upon black velvet , the batons being placed in front . At the top is the unpretending looking Order of the Garter , and near this is a decoration which is unique , being tho only one of tho kind ever conferred—the Collar of Victory , presented to the Duke by George IV . ; it is of massive gold , and on the medallion shields , which are interspersed among the other ornaments , are inscribed the names of the several victories won by the Duke . In a corner on the right , almost too small to be observed , is the Duke ' s favourite badge , the Waterloo medal , which he wore on most public occasions , and which is precisely similar to that worn by the common rank and file of the army . Below hangs a broad , pale blue , faded-looking riband , to which many interesting associations are attached , as the relic of a dynasty long passed and almost forgotten . It is the Order of St . Esprit , the star and badge of which , set in diamonds , is valued at thirty thousand pounds . Another interesting decoration is that of St . George of . Russia , with its black and orange riband : ifc is the highest order in the Russian empire , and is not worn by the Emperor himself , his military services not entitling him to that distinction . The Emperor Alexander is said to hare observed to the Duke , " "When you come to Russia and wear this order , you will be my
master . " The baton of a Russian field-marshal , which was also presented by the Emperor Alexander to the Duke , is a very gorgeous affair in frosted gold , studded with large diamonds . It was carried by the Duke at the coronation of the Emperor Nicholas , and also when he appeared in public in St . Petersburg . The riband of the Garter , which the Duke wore more frequently in this country than any other , is quite dirty and faded , and whoever may be the inheritor of this distinction wnl certainly require a new one . The Spanish riband and decorations are among the most showy and brilliant of the entire . There is the Order of the Golden Fleece , the massive collar of which is said to be that worn by Ferdinand V . himself . The Order of San Fernando of the highest class , with its cross and scarlet riband , to which is attached the belt and sash of a grandee of Spain , and' the Order of St . Hermenegeldo of Spain , with its riband and star . The Order of the Sword of
Sweden is a tiny little affair , although the representative of great achievements , and the visitor cannot look without emotion upon the two small decorations on the left—one of which is the Indian medal with three clasps , which indicate the early achievements of the Duke , and the Peninsular medal with nine clasps , which give it the appearance of a lady ' s modern bracelet , and which records the number and extent of the deceased warrior ' s victories in Spain and Pqrtugal . Wo can merely glance at tho names of some of the remainder . Prussia , in addition to a baton , conferred upon him no less than fivo ordersthose of St . Andrew , Sir Alexander Newsky , St . George , the Black Eagle , and tho Red Eagle of Brandenburg ;
Hanover , the Order of tho Guelphs , with its cross , riband , and star ; Austria , tho much-prized decoration of Maria Theresa , which is equivalent to our Order of the Garter . From the Netherlands there is the order of Wilhelm of the Netherlands ; and from Portugal a field-marshal ' s baton , with tho Order of the Tower and Sword . From Denmark the Danish Order of Merit , with its riband and star , and the Order of St . Januarius of tho Two Sicilies . The Order of tho Crown oi' Saxony , the Order of St . Ferdinand of Sicily , the supreme Order of tho Annunciado of Sardinia , tho Order of the Lion d'Or of Hesse Cassel , the military Order of Maximilian Joseph of Bavaria , the Order of Fidolit 6 of Baden , tho Ordor of Military Merit of Wurtemherg , and the Order of tho Lion of Baden .
Murder, And Attempt To Multdkk. Iiknky H...
MURDER , AND ATTEMPT TO MUltDKK . IIknky Houlkii wafl charged at the Mansion . House with murdering his wife . Jle had been married about a year and a half . On Monday , tho 15 th inst ., tho mother of Hie wile called upon her with the intention ol" taking her home , an llorlorill-uHodher . She had no objection to live with him if he would keep his hands off . But an she seemed disposed to go with her mother , Jlorlor said who should nof . go that night ; and it was agreed that nho Hhould go next day . II oiler applied to the police for protection from tho another , who wanted to take away his wifo . A policeman named Dixou was sent , to interfere ; and he advised them to settle matters amicably . But that night ho cut , her throat .
Tho mother returned to the lodging next morning .- — " At a little after lea I went up stairs and called ' Ann' at their door about , live minutes . I heard him . Hay , hh it speaking to somebody , 'Oh , that ' s Mr * . Rogers . ' I said , 'Why don't you operi the door to me , . Henry r Where is Annt" He said , ' She is all right . ' " The witnesH then proceeded to state her mispieions of tlie nature of the prisoner ' s conduct , and the fact <> f her itliirn . ing the . police . According to Dixon , who conveyed bun to prinon alter his remimd on Tuesday , when I "' wiw first charged , lie gave 1 the
the following account . " Dixon said-- " conveyed prisoner to prison , when ho wan remanded on Tuesday . In goiiu , ' idong he Haiti , 'After mother left , the night before , I talked with my wife respecting her leaving me in tho morning to go homo with her mother , which I believed she did not want , to do , and wo then agreed to destroy each other . She took a knife , and I took one also . 1 then was on the bed wil . h her , and Hiiitl to her , ' Komeniber , this will ho the last time . ' I wan then on the point of cutting her throat with Ihe knife 1 had in my luiud . Who then
said , ' Henry , stop ; 1 will tell you where your razor is , by which you cun tl <> it- quicker . ' " J ( the ollicer ) Maid to the prisoner , ' Was she undressed i" 'No , ' suitl he , ' we woro not undroBMod , oithor of uh . ' Ho alao said it
occurred before day , early in the morning . When I first discovered the body it was dressed . " As there seemed no doubt about the guilt of Horler , he was committed for trial . Mary Anne Mitton was the wife of a rifleman ; but while ho was absent , John Sudd , a cabinet-maker , fell in love with her , and induced her to live with him . The other day he heard that Mitton was coming home , and followed Mary Anne to a beershop , she having declined to have anything more to do with him . Sudd called her out of the beershop , put his arm round her neck , and cut her throat in the street . She was instantly taken to the hospital , and Sudd has been committed for trial .
Miscellaneous. The Court Lias Remained N...
MISCELLANEOUS . The Court lias remained nt Windsor since the funeral , and on Monday the Queen entertained the foreign military deputations . Prince Albert and tho Belgian Princes have been out shooting this week . The Queen does not seem to take much out-door exercise . Among the new visitors at the Castle were Lord Cowley , the Duchess of Atholl , and M . Van de Weyer .
Lord Ingestre's Proposition For A Substa...
Lord Ingestre ' s proposition for a substantial memorial to the great Duke was laughed at by the Times , but the leading journal does not ridicule a similar proposition from " Downing-street . " And for good reason . The Queen has put her name down for 100 OZ ., and Prince Albert for 500 Z ., towards the erection and endowment , by public subscription , " of a school or college , to bear the name of the Duke of Wellington , for
the gratuitous , or nearly gratuitous , education of orphan children of indigent and meritorious officers of the army . " This project is to be grandly carried out . " No payment to be demanded until the total sum subscribed shall amount to 100 , OOOZ . " It is remarked that the first list of subscriptions was , with the exception of the names of the Marquis -of Lansdowne and Lord Hatherton , composed of the names of Ministerialists .
We Have Received A Copy Of The Petition ...
We have received a copy of the petition of the Friends of Italy to the House of Commons , against the prolonged French and Austrian occupation of tlie Roman States . We regret that we are unable to publish this petition at length in our present number . We cordially concur in the recommendation so eloquently urged by Mazzini in the following noble words : — " Circulated in print or manuscript , in every locality , through the agency of liberal collective bodies or of influential individuals ; signed in every popular association whose members look for the best support for their special agitation , in the general principle that man has been placed hero to do all the good ho can in every direction , in every religious congregation where there lives
abhorrence of the Lie now enthroned at Romo , and communing love for a people longing to proclaim liberty of conscience in the very scat of spiritual despotism ; adopted by all believers in civil and religious liberty as tho rightful law , not only for England but for the world ; ana sent back to Parliament through tho representative of the town or province , it would rise to the importance of a great ; national document , iL would embody a mighty thought of international justice , determine the first step of a political life more attuned to England ' s mission and true interests , than the now prevailing system of selfabdication , and record a noble protest against the-schemes of absolutist reaction , now unfolding on tho Continent ., and threatening England ' s shores . "
We Hear That A Petition, Founded On Conc...
We hear that a petition , founded on conclusive evidence , will Hhortly be presented to Parliament , complaining of bribery at the lalo Liverpool election . — I / ivcrpool Athion . The cause of Mr . Hume ' s absence from the _ . House of Commons this week in the death of a lamented sister . The return of Mr . Price for Gloucester has been petitioned against , on the ground of bribery and treating . Major Rawlinson , Orientalist , has been recommended to tho king by the Royal Academy of Merlin , as a candidate for the medal of the Prussian Order of Merit , vacant by tho death of the late Thomas Moore .
Lord linden , Lord (' avail , Captain Trotter , and others , have published a report of the ! result of their non-political intervention in behalf of the imprisoned Madiai . They were courteously rebuffed . Lord llodeii had Keen tho prisoners , who were confined in separate prisons , and subjected It ) hard labour . Although lord Woden tloeH not intimate that there is any probability of their release , wo observe that , a Prussian journal in noting the return of the Prussian member of tlie deputation , Count Arniin , expresses a belief thai , the Madiai will be shortly released , on condition that they quit the country .
A Deputation, Headed By Twcnf.Y-Oiio Mem...
A deputation , headed by twcnf . y-oiio members of parliament , sent from eleven large towiiH in the north , waited on Sir . John Trollopo , on Wednesday , lo request the immediate and total revocation of the lair prohibitory order of tho Poor Law Hoard . They rep resen let I upwards of two millions of population . Tlie ground of their request , was expressed in a resolution agreed to nl . a great , limiting at Maiuhester on the lil-l-li of October , allirming that , the order " can only be carried out through the sacrifice of all discretion and humanity by boards of guardians , and the . surrender of all right of control or opinion by the ratepayers . " Sir . lohn Trollopo maintained the order in u long speech , and promised a written reply : for which we wait . . MeHsrs . Owen . Ioiioh and Digby Wyatl . were at . Munich on tho I 7 lh , engaged in taking models of ancient and modern wpccunouB of art for the Crystal Palace .
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Citation
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Leader (1850-1860), Nov. 27, 1852, page 9, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_27111852/page/9/
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