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Leader (1850-1860), 27th November 1852, Edition Town of 2, Page 1133, Untitled Article

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      Untitled Article

      ,, before me . I may perhaps , therefore , be exd for suggesting that when the learned Solicitor- Grene-CU 1 ms his attention more particularly directed to that case , vT ill probably be induced to re-consider his opinion . It £ been argued before me , and the position is set forth by fhp company in thfe case submitted to counsel , that < alth £ rh the leg islature makes positive enactments which in t . l mselves seem too clear to have doubt about , yet that the rts sometimes give a construction that the words do not ° m ) ear to warrant . ' Of course in any question . of doubtful moanin g 1 should look with great respect to any judicial in" . etationof aclauseinan actof Parliament ; but I should ot think of going out of my way to look for strained interpretations of language , which is plain enough until itismado the subject of vague and speculative definitions . As an attempt has been made to influence my judgment , by telling mo that the superior courts often _ give a construction to an

      act that the words do not warrant , I may be excused tor alludjno- 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 has subsequently been overruled by the Court of Queen ' s Bench , though the opinions of Mr . Justice Patteson remiined the same . The point subsequently came before

      the Barons of the Exchequer , who , agreeing with Mr . Justice Patteson , 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 hig hest and most 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 police district 'than at a standing or place 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 , m 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 Lackney carriages at a terminus , is a desire to promote the convenience of the public . Even assuming this to be the fact , it is riot 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 are under no responsibility , and though at one time making regulations for the public benefit , may at another time think tit 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 plates . 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 i nnocent party has been called on to answer for an offence ho has not committed . If , howeverthe public convenience were really tho object of

      , tho railway company , there has been abundant opportunit y for carrying that object into effect . After Hie hearing of tlio case , I communicated with tho Commissioners <> f Police , and I had the authority of Sir Richard Mayno 'o e xpress to tho company—as I did through the secretary <> f the company on tho same day I received such authority -the readiness of the commissioners to appoint a standing for hackney carriages ut the terminus , and also to adopt , miy regulations suggested or hitherto enforced by the coml » iM . if hucIi regulations should be deemed conducive to <¦''« public convenience . The time allowed for compliance

      with | , h ,, \ llw j ms j Jeen employed by tho company m endeavourin g to discover whether by any possibilit y the law . <'«» be evaded . It is my duty to put the law in force , 'coking , however at the case * before me , as . one selected ' 'l- nettling ( , | 10 (| 1 , ent , ion , I do not consider it necessary to '""'( 't in thin instance , a more than nominal penalty . 1 ho < l"fei , dant will , therefore , bo lined Vs ., with the costs ot tho Miininoji . s . " The next decision was against Little , driver 3214 , |;» - ivfusinfr to take u fare at tin ) si ut ion of tho same lnin b

      mil way . This charge was preferred against y Hurry " Chester , K . sq ., of the Privy Council Olliee , who < ' »»«; up ( Voin Brighton a few days ago , and requested tJi < ' defendant to comey him to bowning-strect , while Ky i" ^ f <> i- hire inside the sti . tion . The driver , in de' '< " < «; , saying that there were other nibs before lnin , : "'< l be could not take the fnrc before them under a l'onalf . y of f > . v . indicted by the company for l >» 'alung ( lu'i' 1 ' regulations . Mr . ' A'Heckeft said , be bud < le-( ' i ( l « l ii case similar to this before , Mini lie i '"»^ < 1 () l ' n' ( ' iMt'I . V the same sis In-did then— that is , inflict a penally

      "f'l'O . v . and costs . <> n the lust occasion lie gave a . cuu-( i (>" I and as defendant hud disobeyed the law with his

      Mr . A'Heekolt Hiiiri , ii would be as well for the l '" l > lie to know that such was the case as tho railway <( >> 'M > uny . He nillH < > however , inflict " penalty of 40 * -. u costs , which was paid immediately .

      Untitled Article

      THE WELLINGTON ORDERS . Thk various orders and decorat » ns 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 the 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 the only one of the 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 tho right , almost too small to be observed , is tho 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 : it 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 have 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 jm 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 will 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 hig hest 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 Portugal . We can merely glance at tho names of some of the remainder . Prussia , in addition to

      a baton , conferred upon him no less than five ordersthose of St . Andrew , Sir Alexander Newsky , St . George , the Black Eagle , and the Red Eagle of Brandenburg ; Hanover , the Order of the Guelphs , with its cross , riband , and star ; Austria , the much-prized decoration of Maria Theresa , which is equivalent to our Order of tho Garter . From the Netherlands there is the order of Wilhelm of tho Netherlands ; and from Portugal a field-marshal ' s baton , with the Order of the Tower and Sword . From Denmark tho Danish Order of Merit , with its riband ahd star , and the Order of St . Jimuarius of the Two Sicilies . The Order of the Crown of Saxony , the Order of St . Ferdinand of Sicily , tho supreme Order of the Armunciude of Sardinia , the Order of the Lion d'Or of Jlesse Cassel , the military Order of Maximilian Joseph of Bavaria , the Order of Fidelite of Baden , the Order of M ilitary Merit of Wurtemberg , and the Order of the Lion of Baden .

      Untitled Article

      MUUDKR , AND ATTKMl'T TO MURDER , H ' hnkv Uoiu , i : r was charged at the Mansion House with murdering bis wile . 11 e had been married about a year and a half . On Monday , Lite ffith innl .., Lhe mot her of the wile culled upon her with the intention of taking her home , as llorler ill-used her . She had no objection ( o live with him it he would keep his hands off . But us she seemed disposed to go with her mother , llorler said sho should not go that night ; and it was agreed that she should go next day . llorler applied to the police for protection from the mol her , who wanted to take away his wife . A policeman named Dixon was soul , to interfere ; and lie advised them to settle mutters amicably . But that night he out her throat . The mother re-turned to the lodging next morning : —

      " At a little after fen I went up stairH and called ' Aim at their door about live minutes . I heard him say , us il speaking to somebody , ' Oh , that ' s Mrs . Rogers . 'I sui . l , ' Why don't you open the door to me , Henry r" Where is Amir" lie said , ' She is all right . ' " The witness I hen proceeded to stale her suspicions of the nature ol Iho prisoner's conduct , and lhe fact of her alarming the police . According to Dixon , who conveyed him to prison alter his remand on Tuesday , " hen he was first charged , hnguvo the following accomit . ' Dixon said ¦ " I conveyed Ll . o |» risonoffo prison , when he was remanded on'lues . lay . In going along lie said , ' After mother lelt the night before , T talked with my wife respecting her leaving me in I he morning | ,, go home with her mother , which I behoved she did not . want to do , ami we then agreed to destroy each other . Slid took u knife , and I took one also . I then wan on the l ) od with her , and said to her , ' Komcmlter , this

      will bo tho last , time . ' 1 was then on the point of cutting her throat with fix" knife 1 had in my hand . She then Hitid , ' Henry , stop ; 1 will tell you where your razor is , by which you tun do if quicker . ' " 1 ( the ollicer ) said to the prisoner , ' Was sho undressed F' 'No , ' said he , ' we wore not uudrossed , either of us . ' Ho ulao said it

      occurred before day , early in the morning . When I first discovered the body it was dressed . " As there seemed no douht about the guilt of Horler , he was committed for trial . Mary Anne Mitton was the Avife of a rifleman ; but while he 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 boershop , 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 tho hospital , and Sudd has been committed for trial .

      Untitled Article

      MISCELLANEOUS . The Court has remained at Windsor since the funeral , and on Monday the Queen entertained the foreign military deputations . Prince Albert and the 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 .

      Untitled Article

      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 1000 Z ., 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 he grandly carried out . " No payment to be demanded until the total sum subscribed shall amount to 100 , 000 Z . " It is remarked that the first list of subscriptions was , with the exception of the names of the Marquis of Lansdowne and Lord Hathorton , composed of the names of Ministerialists .

      Untitled Article

      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 the 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 here to do all the good ho can in every direction , in every religious congregation where there lives

      abhorrence of the Lie now enthroned at Rome , and communing love for a people longing to proclaim liberty of conscience in the very seat of spiritual despotism ; adopted by all believers in civil and religious liberty as the rightful law , not only for England hut for the world ; and sent back to Parliament through the representative of tho town or province , it would rise to the importance of a great , national document , it would embody a mighty thought of international justice , determine the first step of ii 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 . "

      Untitled Article

      We hear that a petition , founded on conclusive evidence , Avill shortly be presented to Parliament , complaining of bribery at , Uie late Liverpool election ,- Liverpool Albion . The cause of Mr . Hume ' s absence from the House of Commons this week is the death of a lamented sisler . The return of Mr . Trice for ( Jlouccsl . er hits been petitioned against ., on the ground of bribery and t renting . Major Kawlinson , Orientalist , bus been recommended to the king by I he Koyal Academy of Berlin , as a candidate for the meiliil of the Prussian Order of Merit , vacant by the death of the late Thomas Moore .

      Lord Koden , Lord Cavan , Captain Trotter , and others , have published a , report , of tho result of their non-political intervention in behalf of the imprisoned Madiai . They were courteously rebuffed . Lord Woden had seen tho prisoners , who were confmed in separate prisons , and subjected to hard labour . Although Lord linden does not , intimate that there is any probability of their release , we observe thai , a Prussian journal in noting the return of tho Prussian member of llie deputation , Count Arnim , expresses u bclirf that the Madiai will be shortly released , on condition that , they quit , tho country .

      Untitled Article

      A deputation , headed by fwcniy-oiie members of parliament , sent , from eleven large towns in Iho north , waited on Sir . JohnTrollope , on Wednesday , lo request the immediate ami loiiil revocation of Mi < ' laic prohibitory order of the Poor Law Hoard . They represented upwards of two millions of population . The ground of their request was expressed in n resolution agreed to at a groat meeting at Manchester on the i 2-M . li of October , nfhrmmg I hat the order " can only be curried out through the sacrilico of all discretion nu < l immunity by boards of guardians , and tho surrender of Jill right of control or opinion !> y Lhe ratepayers . " Sir . John Trollopo maintained tbeorder m a long speech ! ami promised n written reply : for which we wait . Messrs . Owen Jones and Dighy Wyntl , wore at Munich on the 171 h , engaged in taking models of ancient and modorn specimoiiH of art for tlui Crystal Pulac . o .

      Untitled Article

      November 27 , 1852 . ] THE LEADEK . 1133

  • Citation
    • Leader (1850-1860), Nov. 27, 1852, page 1133, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1962/page/9/