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GLORIOUS PROGRESS OF CHARTISM IN LEEDS.
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£1)r 3£rtjssf) ;Pfofom*ttt.
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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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How are they to prevent it ; or how are they mixedcp with It ai all ! We -will show them . They know , in the first place , tn * t the practice is unlaafvl ; and therefore they arebonnd to discountenance it , and to adopt means to put it down , if need be : for being praefced on their Hne ^ they will be Bare to be mixed up frith , it in public estimation , and their character , and- possibly the interests of the shareholders , -waisnfier .
In the second place , they know that this is a systematised bobbery committed by one over whom they lave both control and influence ; and it is their dnty to use both control and inflaenee to protect the jnen from the rapacity of their law-breaking employer . In ihe third place , he has to depend on their aid and assistance to rt carry out" his nefarious scheme JSe has a van , which he travels on the line from Xee 3 s io Masbro * 5 and , as we understand , at the
expense of the Company . This ran is employed to transmit the goods to all parts of the line * ; each man ' s being pnt into a numbered bag , and delivered cnt lo him , instead of wages . Now , the Dxrectobs can say whether ibis travelling Tommy-Shop shall travel on their line or not , They can interfere here * at all evente I They can refuse " power" to carry Ihe scheme ont . This they can do ; andjf they do sot do is , r <> say nothing oT the other means by which ihey could interfere , it will be eyideni to all that they zeink at the practice .
We shall keep an eye on thi 3 matter . It is rather a noYel case . It is one of the most Impudent and shameless esses of Track that we hare heard of Generally the practice has slunk into corners and almost unheard-of places : hkee it is interwoven into a great public undertaking , in the full blaze of day . Will it be tolerated , or connived at ? We shall see .
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u FREEDOM OF CONSCIENCE * irciys THAT CONSCIENCE SHOULD BE FREE . BRUTISH " PAINS AW ) PENALTIES" ON THE EXPRESSION OP THOUGHT . Ocb readers will have read in last Saturday ' s Siar the report of ihe trials of Paxkbsojt and Uobixsgs before the High Court of Jnsticiary at Edinburgh , on a charge of "blasphemy . " It will be recollected , that these prosecutions were originated in consequence of the publication of a work by Robixsos , entitled " The Bible an immoral Zoolc , dangerous to ihe easily excited brain ? ' This
book we have neTer seen . It may bs a piece of profound criticism and well-sustained argument ; cr is may be trash and nonsense . To us , as regards ihe xigns of free discussion , it matters not which ^ We proclaim that men haTe a right to publish their thoughts en all questions of morals , religion , and politics , no matter even though the embodiment of sach should be the Tilest trash ever penned . If falsehood and folly find an ontlet from the press , let truth and reason be brought to their correction . The only safety against fraud 13 to allow of-the enfettered , snlimited exercise of thought , speed y and publication .
The appearance of thB bills announcing the publication of the abore work , immediately led to as outrageous a violation of ' the liberty of the subject , " as we haTe ever { at any rate of late years ) heard tell Df . Stirred up by the clergy , the harpies of the law entered Robtssos ' s shop -without anj notice or warning ; seizsd Ma person ; and = Tam&d off about £ 150 worth of his goods . Here , let us ask , was this conduct of Protestants in accordance with file principles of a civil and religious liberty" ? We are told that it is one of
the fundamental principles of Protestantism to read the Bible and judge for themselYes . Now , ¦ we suppose the author of the book above-named had done so ; and arriving at certain conclusions , Iwldlj stated them to the world . What wa 3 Ihere in this inconsistent with the spirit of Protestantism The auihor in question had as dear a right to arrive at his conelusionsj as Johs Ksox had to disbelieye in the infallibility of the Pope ; or
DzChjoxebs in the right of patronage ; each deriving his disbelief from the studying of the Scriptures . But Ihese Scotch Protestants , while they are eTer ready to defend the principles of " ervil and religious liberty" loi those who go no farther than ihemselTes , exhibit , at the same time , a spirit of persecution toward all those who would adTance beyond their © pinions ^ worfhyi of I the worst days of priestly tyranny .
After the prosEcution of Robinsos , " the man Paxkbsow * ' went down from London , and opened a shop in Edinburgh ; where he publicly announced Ihe sale of the works , for the Tending Jof which Bobissoh was under the bann of the law . The consequence was ^ that Patkrsos was seized likewise . In tne meantime SOBQtsox had been brought np for
trial ; when it was found that the indictment against iim was wretchedly defective ; that it could not be sustained . The consequence was that ihe trial was then abandoned , Robisson being bound over on another warrant to meet another trial ! On the 8 : h of November the trial came off , -when Pateesos was senieneed " io imprisonment for fifteen calendar months , and Robissq * io twelve monthi ,
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On the trial , the witnesses who appeared against Patebson consisted vt policemen , Sheriff ' s officers , ana " informers who formerly belonged to the police / ' These wretched tools admitted that they had purchased the books because they were instructed to do bo by the Sheriff : i . e ., the Sheriff , by his tools and secret semee" money , encouraged the circulation of •* blasphemy" ! One of the witnesses against Patebson , calling himself Gbobgb R . D . H .
Mackekzib , Esq ., admitted , in the oourBe of his cross-examination by Patbbson , that hiB motive for purchasing the books was to get him imprisoned , for he thought he deserved three years . " ** In acting as yon have done , " said Patbbson , "did you consider you were doing your duty V Yes , " said thiB puny soul , " as a citizen and as a Christian . " Paiebsom , of course , thanked him for this candid admission .
Patbbsoj ? & 1 bb asked this "witness how ha reconciled his oath-swallowing with the injunction in the New Testament , " Swear not at all ! " but was interrnpted by the Conrt telling him they could not allow such a question to be put ; * ' They sat there to administer law . " Most consistent defenders of the H gospel ! " If to " bring the Bible into contempt " be " blasphemy , " let ns ask whether the Lord-Jnstice Ciebx , and Lords Medwtw and Cockbuen , ( B the Court , "; were not guilty of thai offence when they so shamefully spit upon the mjescaoit of their M Lord and Master ; " giving Patebson to understand that they cared not a straw for the gospel ; " they sat there only to administer law" * !
We gave of Patebsos ' s defence , which occupied nearly eight hours , all that the reports in the Edinbnrgh papers enabled as io give . We are informed by a correspondent that it was " a highly finished piece of composition , "breathing ihe purest spirit of humanity and philosophy ; containing zoany pro * found and valuable thoughts on the folly and wickedness of prosecntiog for opinion's sake . * * Yet the "Liberal" papers of Edinburgh have sneeringly remarked : — That it was characterised by a pompous display of learning and gross misrepresentation . " So much for the liberality of such papers as the Edinburgh Chronicle ,
the organ of the Stdbgite's , and advocate of " religions liberty . " We have not seen the Witness , the organ of the Non Intrnsionists ; but we are informed that a more foal and brutal spirit was never exhibited by any apologist of priestcraft . & > e the consistency of this party , who whine about the persecution they suffer at the hands of the Scottish aristocracy ! But all sects are the same . No matter how fiercely they may denounce persecution when they are the sufferers , they immediately turn persecutors of others the moment they have the power , or discover that there are any who differ from them in opinion .
We uow come to that prscious " piece of composition , " the Lobd Justice Clerk ' s address in sentencing Patebson , in which the speaker stated that it was " a satisfaction to the Court indeed to find that the panel in his defence had shown not the least trace of talent" ! Whether this be a fair character of Patebsoit ' s defence or not , it will show that there is nothing his " Lordship" dreads more than that men of Fatebsox ' s stamp should be possessed of ialeni . It shows that the high and mighty are as much as ever in love with ignorance as an engine of perpetuating slavery— " loving
darkness rather than light , because tWr deeds are evil . " His Lordship not content with inflicting immediate punishment , threatened Paiebson that if he resumed his trade" on the expiration of his imimprisonment" either in Scotland or any other part of Great Britain , " " there was no extent of punish ment by imprisonment andfine s which it would not be the duty of the Court to award . " Now "we beg to remind Jobs Hops that he is not Lobd Justice Clerk on this side of the Tweed ; and God forbid that such a personification of cant and cruelty ever should be . It is going a little too far to threaten us in
England with the terrors of his puritan inquisition . Thank God , they are but ** empty words , " or we shonld be tempted to raise the cry of " Repeal , " not alone with Ireland , but with Scotland . Let John Hope M keep his breath to cool his porridge , " and not presume to meddle with us on this side of the border-If he does he will only be laughed at for his pains . His Lordship" stated that he considered it a most proper and fit prosecution ? ' and be had no doubt of the effect that would result . Nor have we . The effect will be to more widely diffuse the principles and opinions for which Patebson is now suffering . In many a Scottish village where , in the local papers , the villagers will read the account of these prosecutions , for the first time ,
will the young and enquiring ask : " What is this blasphemy 1 " ** What are those books for which Pateksos is condemned to a felon ' s fate—* felon ' s fare , for fifteen months V It has often been remarked th&t Ikuphemf- - pTOsecationS t instead of putting a stop to the demand for the interdicted works , have invariably increased that demand . Public curiosity i 3 stimula ted ; an anxiety is felt to clutch the forbidden fruit , which iB eagerly devoured . Experience proves that the best method of giving publicity to a book is for the elergy to denounce it ; the best plan to proenre for it a good sale is to prosecute its author or publisher . That this has ever been the ca . e , the writings of Thomas Paise are a signal example .
We now come to the cream of the Lord Justice Cltbk ' s address , when , after sentencing Patebtson tofifieen month ' s imprisonment , he proceeded : " Whatever yon may think of what I now Bay—I say te you , that in tbe prospect of the aolemn and serious dnty of prononncin ? judgment en s fellow-creatnre , / prayed lo the Almighty God in tchom J believe , that in his infinite compassion , He wauld yet vouchsafe to you the comfort , and ths peace , and the hope , and the joy of believing in that adorable Redeemer , whose mercy you hare hUherlo so contemptuously rtjeded . " There , " gentle reader , " what think you of that ? Now look on this picture .
Patebson wished to know what sort of treatment he was to have in jail t and the Lobd Justice Clebk replied that the Court had nothing to do with thelprison regulations . He said : — If you wish to make any application on the subject , it must be made to the Directors of the General Prisons in Scotland , of whom I am one ; but ¦ with regard to any application yon may mate for tne relaxation of discipline in the prison , or for exemption from the only instruction which yon tfUI be permitted to have . I can tell you that you have net ihe least chance for getting any r elief . " " 0 for a forty-panon power To sing thy praise nypocriiy !"
His " Lordship" had just been praying to " Almighty God"tfeihi 3 " compassion" and " MERCY " towards the prisoner at the bar . But when that prisoner applied to the " praying" Judge for " compassion , " the reply was : — " Yes ! I ' m the party to vfhom you must apply for any alleviation of suffering ; ' but don't you vnsh you may get it ? '" I'll »• prav" for you , bnt 111 punish jou to the utmost . You may " apply "; but " 1 can tell you that you have not the least chance of getting any relief" ! O most Christian Judge !!!
His" Lordship" had a great deal to say about MOXAUiT in connection with religion , in the course of Jus afidress . Now we ' ve a question or two to put to hi 3 " Lordship "; not as "Lobd Justice Glebx" , but plain John Hope . We want to know whether Johu Hope believes in that passage in the Scriptures , which tells us that " Fornicators and Adulterers shall have their portion in ihe lake that bnraeth for ever and ever" * We want to know whether , when he was Dean of Faculty , and before maniage ; before he doffed the Batchelor ' s jacket for the gown of the Benedict ; whether he
was not exlra-in iimately-acauamted with his housekeeper ] Whetherisnch intimacy did not draw down upon him the censure of his family 1 And whether he was not glad to gloss over the " sin" by making of the Baid housekeeper an honest ^ omanl We have heard of such things , and we should be glad to know whether they aTe true . And whether John Hope " prayed" as ferventlv then , as he assured P . ATEBSO-N he had just cone bfore sentencing him to fifteen months' impmoBiaeat ! Will John Hope tie jnoicial defender of religion and morality answer these queries I We pause for a reply .
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THE CONDITION OF ENGLAND . With shame and -with sorrow do we call attention tO theBXJBMINGBTCOaDof EWGLAND ' S UTTER DEGRADATION , contained in another page , under the above head . There the reader , if he be an Englishman , will have enough ! He will need no more to tell him the condition that his once highly-favoured country has been brought to , by high taxation , Infernal Paper Money , "Results of Machinery , " and w Free Trade . " The details are horribly sickening ! We are as degraded and cowed in spirit , as we are degraded in condition , or we should not permit , for one single hour , such things to be ;
And overcome us like a summer ' s cloud Without out Bpeoial wonder "! Time was , when a tithe of what we record to-day would have been sufficient to nerve the arm and bare the breast of every Englishman , to rescue his country from : the hands of the despoiler of her honour and her fair fame : and had their degenerate offspring but one atom of spunk in the whole mass , they would rather sink the whole Ialand beneath the ocean , thau suffer the hideous enormities that now surround ua to exist .
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D . Swallow—The parties can have the Star sent direct from the office , by S 9 ndlng a quarter's payment in advance , and the address of the patty to whom it ia to be sent . THE Coyentb ? Mubdeb—A correspondent writes ua tbat the verdict of the Leicester Jury , given in our 7 th page has caused great excitement in the city of Coventry . Sills were issued by the Guardians calling a •* Public MeetiBg" of their body for Tuesday list , to consider -what steps should t 3 taken " in this most painful and melancholy affair ; " when , according to par correspondent , the following resolution tras agrees } to .- — " That this meeting recommend that the directors of the Coventry Workhouse do allow the medical men and . other officers of the workhouse , an © pportunity of rebutting the charges contained in the verdict of the Leicest 3 r Jury , before the Guardians of the city . "
The Glasgow Pottery . —Out Glasgow correspondent sgain writes to us on this subject ; any further correspondence after this notice we cannot insert . He says : —I deem it it but just to the masters to state that the following readers of the Star have assured me tbat so far as they are concerned , they have never been questioned as to what papers they read ; nor do they feel under the moat distant restraint in being seen -with the Slar in the works : —John Park , James Martin , Thos . Harrison , Win . Maitland , Wm > Heuston , Ambrose Wardle . —Permit me also to state that none of the above know &nytbing of the
author of the letter signed An Enemy to Tyranny . " Cumberland Colliers . —We have no room for their address this week . The following sums have been . received , deducting £ 1 3 s for tho Percy Main men : — King Pit 17 s ; Hebburu £ 2 4 s 4 dj Terpeth 10 s 6 d ; Walker £ l 14 s ; Bedlingtoa £ 1 17 s 8 d ; Splttletongxie £ 1 17 s ; WHlington £ 5 3 s 3 d ; Kibblesworth 18 s 6 . 3 d ; South Hetton £ 2 Is 4 d ; Washington £ 1 ; Wallbottle £ l ; Woodside 18 a 10 *; Sagbill £ 7 163 lOd ; North Elswick , 15 a 9 d ; West Stanley 8 s Id ; Wallsend £ l ; Ewt Holy well £ 1 2 b 2 d ; West Holywell 16 a 3 d ; Suaton Burn £ 2 0 s 9 d .
Bristol . —Mr . Jacobs writes ui that our Bath correspondent omitted to state that Mr . J . was present at the late delegate meeting . Bristol Local Lecturers . —The following gently Hien are ready to give their ¦ erricas to forward the cause of Chartism in any locality in the West , desiring tneir services : —Mr . J . Marriott , phrenologist ,-Mr . W . H . Clifton , artist ; Mr . K . F . Williams , delegate te the late Conference ; Mr . C . Clark , of Bristol , and Gracchus . Apply to Mr . Jacobs , bookseller , Upper Maudlin-street , Bristol .
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OPENING OF THE NEW CHARTIST HALL . The Leeds Chartists having for a long time pa-st being much incommoded by the want of sufficient room in their late place of meeting , have been on the look out for one more fitted for the increased and growing strength of the democratic party ; and at length happily succeeded in obtaining a place , which , if ought can silence the filthy lies of our local lights of Whiggery and Sham-Radicalism , will surely effect such a consummation , and convince even the Baines ' s and Smiles ' s that Chartism is neither " dead" nor sleeping ; though we confess we are somewhat doubtful as to such a result , when we remember ihe old
adage" A man convinced against his will Is of the same opinion sti . 'l . " Large placards , not quite so large ( but very near ) as a church door , posted through Leeds , announced that the " Bazaar , " a large building in Briggate , had been taken by the Chatti&tB for the holding of their me stings , and would be opened on Sunday , Nov . 19 th , by a leoture from Mr . David Ross in the afternoon , and one from Feargus O'Connor , E-q ,, in the evening . This announcement immediately following the Hoi beck triumph , created no little sensation ; infusing new life into the hearts of all good patriots , and a corresponding amount of dismay amongst the factions of all names and colours .
On Sunday afternoon Mr . Ross delivered his leoture , which was , as usual with that gentleman , a sound and excellent discourse . The room , which iB estimated to hold comfortably fifteen hundred persons , was crowded ; a large portion belonging to the fair sex . An excellent choir filled the orchestra , and their performances added much to the harmony and eclat of the proceedings . As noticed above , Mr . O'Connor was announced to lecture in the evening . Half-past six was the hour notified . ; but ( long before that time the Hall was filled in every part ; and finally when every one had got in that could possibly find standing room , no matter where crammed to , many hundreds had to turn back , wholly unable to gain even a glimpse of the interior . Wo have been in many crams of the
sort ; but certainly never in one equal to this . The heat wa 3 intense , streams of moisture covered the walls and ceiling , and descended in huge drops upon the audience , who appeared as if they were fixed in a vapour bath . We believe we are under the mark when we say that a room three times the sizs would not hare been too large to have comfortably held those who could not get admission . Hundreds of the fair sex crowded the orchestra , intermingled with the vocalists and band , and filled the numerous tiers of seats facing the platform ; and when the vocal and instrumental performers struck up their glorious strains oF harmony in praise of the ** good old cause , " we felt that never had we witnessed so noble a spectacle in connection with the Chartist cause before . Mr . Brooke having again taken the
chair" Lo we answer , see we come , Quick at freedom ' s holy call- ' was sung in full chorus by the performers in firstrate style . Some impatience being manifested for the appearance of Mr . O'Connor , Mr . Hobson came forward and entreated their patience for about twenty minutes , by which tim « the train would have arrived . In the meantime ha would address them—( applause ) . Mr . Hobson then at great length entered into a luminous exposition of the value of labour , as proved by the facts " evidenced" by Mr .
John Marshall of Leeds , before a committee of the House of Commons . We are compelled to omit Mr . H . ' s speech ; but in another shape our readers may depend upon having Mr . Marshall ' s evidence laid before them . While Mr . Hobson was speaking Mr . O'Connor arrived , and with some difficulty procured a passage through his enshusiaBtic and delighted friends to the platform . At the conclusion of Mr . Hob 3 on ' s address , Mr . O'Connor , who appeared to be almost astounded by the magnificient sight before him , came forward and delivered an address o about an hour ' s duration .
The proceedings concluded by the performers giving in full chorus , the
anthem" Spread the Charter through the Land . " Long in Leeds will the 19 th of November bo held in remembrance , as the day when this veritable Temple of Truth was opened for the gathering together of the sons and daughters of freedom .
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STATE PROSECUTIONS . —Dublin , Nov . 14 . Judge Burton sat at half-past ten o ' clock , to hear motions of course . After the disposal of some cases , including tbat of the Queen v . Samuel Gray , which was postponed till next day , the State Prosecutions cameos . Mr . Whiteside—Tne parties in the case of the Queen v . O'Connell and others were to appear in person to-day , and the parties are iu attendance now . Sir Colmau O'Loghlin—They are in attendance , my Lords , for the purpose 01 pleading ^ this being the last day .
Mr . O'Connell , accompanied by Mr . Darnel O'Connell , jun ., entered the Court , and was followed by the other traversers , namely , Mr . John O'Connell , M . P ., ' Mr . Steele , Dr . Gray , Rev . Messrs . Tyrrtll and Tierney , Mr . Barrett , Mr . Duffy , and Mr . Ray-Mr . Fcrde—Mr . O'C-.-nnell hauda in hfs plea , my Lords ,
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Chief Justice-Mr . Daniel O'Connell . jjjj * - Forde -YeS | Mr . Daniel O'Connell , my o ^ BBSasit fi * wi 8 h the aerk of the Tifi-ift 9 9 ° } tl 1 h * Wb Plea . Clerk of Jhft e S da 6 t 8 ^ anded in * heir pleas . DlS « ?« 2 HWE ?* !^ * wi 8 h t 0 heap ih 03 e pleas ™* read , Mr . Attorney-General % Attorney-General-I do . rS pl 5 r tJje * - ° anymore pleas f Th ^ ffl ^?! iF rown -- There « e no ^ « y Lord . Tbe officer then read the following plea : —
IN THB QUKKN ' S BENCH CROWN S 1 DB . Th T& ? SM ? r i * % aniel O'Connell John VConnell ™ £ Steele T if Rap Jdm Q tay Charles q Duff BevP J Tyrrell Rev TTierny Richard Barrett And now the said Daniel O'Connel * in his own STSiW Iff U tbe Court heTe of oSr Lad ? the Queen before the Queen herself and harine te * rhS ht « T , nd »« taent read and protest-£ *« £ f atiA t \ f ^ J of the premises charged thereof Sri ?*? » dictmen * « »» J part SS r ' . P ®? . ' abatement thereto never-? hS * 1 that he ought not to be compelled to an 8 wer the said alle ^ d inHintmAnt H
Sf £ d ^ ? « H *? Squashed becausThisaith « fVll w ° > ? £ * «» tofore to . wit on the 2 d day &beVi the year of <> ur Lord J 843 to wit at o ^ iT . ^ f ° tt ^ aid Lady the Queen before the Queen herself to wit in the parish ot St . Mark in the county of the city of Dublin aforesaid was found a true Dill by the jurors upon the evidence of divers to wit four witnesses then and there produced before them and then and there examined by the jurors f £ TrLrf ? ^ V ae 8 aid witne 88 e 9 «»« Z 3 there produced before aiid examined by the jurors aforesaid yrero nor was any of them previous to their and his being so exaammed by the jurors aforesaid sworn in the said court of our said lady the Queen before the Queen herself according to the provisions of a certain Statute passed in a Certain session of parliament
hoidenm the 56 th year of the reign of his late Majesty King George III . intituled an act to regulate proceedings of grand juries in Ireland upon bills of indictment to wit in the pariah of St . Mark in the county of the city of Dublin aforesaid and he is ready to verify wherefore he prays judgment of the said indictment and that the same may be quashed and so forth .: ™ ™ ^ . « ., Daniel O'Connell . Mr . Forde—All the rest are the same . Attorney-General- ^ -Now , my Lords , I object to any of those pleas being received by the court ; and
the court will of course allow me time until to-morrow morning , thai I may be prepared to state at length the grounds on which I object to them . I don't conceive that at this stage of the proceedings the party can plead in abatement , for if they plead in abatement at all , they shall plead that plea on arraignment , and on being put in charge . But until I have on opportunity of looking into the pleas , I hope the court will not receive them , and that I shall have an opportunity of addressing the court in the morning .
Mr . Forde—The time for pleading expires tonight . Clerk of the Crown—They can be received as of to-day . Chief Justice—There is a similar plea tendered on the part of each traverser . Mr . Forde—Yes , my Lord , verbatim . The time for pleading expires to-night , and we got no notice . Mr . M'Donough—Mr . Forde , wait awhile and leave it to counsel , if you please . Chief Justice ( to Attorney-General)—You wish the consideration of those pleas to be postponed until morning . Attorney-General—Yes , my Lord .
Chief Justioe-y-Of course , Mr . Attorney-General , that must be without prejudice to the rule on the traversers to appear and plead to-day . They hare appeared and put in a plea ; and whether that be a valid or invalid plea , it is to be taken as if that plea were put in now . Attorney-General—Of course , my Lord , they tender that plea ; aow , if the court be ultimately of opinion that it is a proper plea to be put on the
file—Mr . Hatchen—The way I conceive the ca 9 e stands at present is this—The party came iu within the limited time for pleading , and gave in his plea . That plea was read , and the other pleas are exactly in the Bame worda for all the parties . I conceive that plea is now put in , and on record . The traveaser 3 seek no extension of time ; they have complied witn the rules of law , and tbe terms of their recognizance . If the Attorney-General conceive those pleas , or any of them , ought not to be received , they are open to objection , and his course will be to move to set aside those pleas on such grounds as he may be advised .
Attorney General- —This is a matter that must be left to the discretion of the court . If those pleas are not pleas that they would be justified in putting in at this stage of the proceedings ; and if the course Mr . Hatchell suggests were pursued , the consequence would be this—I would have to serve notice to-jnor row ; that notice could not be regularly moved until after to-morrow , and tbat will delay the investigation of that which ought to bo investigated without delay—namely , the right of the traversers to put in those please at this state of the proceedings .
Mr . Hatched—The court has already decided that a question arising in these trials should not be de bated without due notice . Such was the course adopted with respect to ua . I concoive the Attorney-General will not be too late to serve notice for after to-morrow . He will have full time to consider the bearing of the case , and to move to set aside tho pleas , or to demur to them . Judge Crampton —And if it were convenient for the Attorney-General to state his grounds of objection now he migbt make his motion , and the court would let it stand until the following morning .
The Chief Justice thought the matter was in the discretion of the court , and that counsel on either side ought not te interfere with that discretion . The court had no right to go into the case then if it would be inconvenient , and if no ends of public justice could be attained by it . It was , he conceived , in the discretion of the court to postpone it until the following morning , the parties having tendered their pleas . Mr . Whiteside—That , of course , is between , the Crown Counsel and the court . We are not bound
to appear on that notice . Mr . Fitzgibbon—Suppose the Court shall determine to-morrow that those pleas are not in time as pleaa in abatement , the time to plead to the merits lapses . But if the Court : now determine it , the traversers are now in time to plead in bar . But if the Comt postpone that consideration until tomorrow morning , it is only right that to-morrow be considered as to » day and if the Court will determine to-morrow that those pleas are not in time , all we want is , that the plea in bar shall be received
to-morrow . j Attorney-General—When that matter is discussed to-morrow , that and the other circumstances of the case will be under tho control of the Court ; but I trust that nothing will be anticipated or decided to-day . Chief Justice—The traversers are not to be prejudiced by tbe matter not being further discussed to-day .: Mr . Wbiteside—There is no decision calling upon us to appear on the part of the traversers , so you may argue it yourselves .
Mr . Henn—I submit that by the course the Attorney-General asks the court to take , we are deprived of a benefit which we are entitled to—not a benefit I would say , but a matter of right—and the reasons ^ assigned by the Attorney-General discloses that fact ; lor if the pleas were received now , and there is no reason why they ehould not be , received , the Attorney-General conceives it would be necessary to ; serve notice , and tbat that would oauso delay . -But if so ; it was a delay tho party were entitled to ; tbat notice should apprize ua of his reasons for objecting to the pleas . He complained of our making a motion without giving him two days ' notice ; and Ms it not reasonable that he should be required to give notice to us ?
Chief Justicc--I doubt if there can be any objection to the course the Attorney-Generol proposes ; and' I Bay , as a member of the Court , that four o'clock 13 not a proper hour to go on with the discussion of this case . His Lordship had scarcely concluded these observations when the officer directed the crier to adjourn the court , and the Court was according ] 3 adjourned at about twenty minutes to four o ' cIoc k , without further discussion of the case .
STATE OF THK COUNTRY . DlJEADPUL Ol / TBAGE IN NORTH TlPPERARY . —At aix o ' clock on the evening of tho 12 th hist am , a dreadful outrage wag perpetrated at Finoe Vlouse , within about a mile and a half of Borri gokane . Thomas Waller , Esq ., the owner of the mar , Pion and an extensive tract ot country in its vicinity , had just sat down to dianerwith his lady , his Aiece , Miss Waller , of Ormond Cottage , and his brr > ther-m-law , Mr . Braddle of Mallow , whf . n a body of men , some of whom were armed with , pistols , ' jashed into the dining-room , seizad the knives tbr 4 t were on the table , hacked and maimed Mr . " Waller and Mr . Braddle in several places about ( ne head and face .
Mr . Waller also had hid arm broken ; Mrs . Waller and Miss Waller were severe ' . y wounded . Though the alarm was given , and thf ; police werO as BOOn aB possible at the scenr , of outrage , still they did not succeed in apprehending any of the perpetrators . Mr . Waller is a J'istice of the Peace for the County , ar , d a tery extensive land proprietor . He b as , ' , & j a gaid , resorted pretty freely in the " clr ^ rance" system , and he would rather any d > , y stumble over a tree than a cottage on his property . fte is father to John Francis Waller , Esq ., the \ ate assessor for the city of Dublin . Mr . Braddle \ % j ^ gent on Mr . Colo Bowen's estates near Tooma iara , on which at least a couple of murders are p / , rpetrated annually . It was for one of thtse mar / jers that a young peasant from near the Silver
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Alines , uaawd Quilty , was tried and executed at ihe recent Commission , at Clonmel . He died , deel uring in the most solemn manner his innocence . Although the leading member ' d of the Roman Catholic pr . ' esthood in North Tipperary signed a memorial got up- by the Rev . Edward Magrath , P . P ., Silver Mines , in favour of the condemned peasant , still the Gover ument was inexorable , the law should have itscoars ? , and Quilty paid the penalty of his life fora murder of which many supposed him guiltless . FinmiER Pabticglars . —Another correspondent writes to sav that jMr . Waller ' s life is despaired of —that Miss Vereker , Mrs . Waller ' s Bister , had her arm also broken ; and that the butler , who made bold efforts to save his master , was very badly beaten . — Dublin Freeman . Wednesday .
Abrests . —Three men have been arrested in the county of Kilkenny for the murder of Rody Donohoe , of Nicora Castle , near Doomavara , last summer . Donohoe wa 9 murdered on his return from the fair at Toomavara within view of his own house , and in the broad light ofiday . His son , his neice , and a neighbouring man were present at the time , but were overawed by the three murderers . Another Murder . —The Gazette of Tuesday contains a proclamation offering a reward of £ 80 for the discovery of the assassins of Patrick Maquire , a bailiff , who was waylaid and brutally murdered on Friday nigbt last , at a place called Legauamer , in , the county of Leitrim . A similar reward is offered in the same Gazette for the apprehension of the murderers of John Loohead , driver to Mr . ; Whyte , of Kilburn , eoualy of Cork . i
The following is from the Nenagh Guardian : — on Sunday ni ^ ht last , the house of a man named Patrick Hogan , in ithe neighbourhood of Ballinaclough , was entered by a party of five men , two of whom were armed with pistols , they searched the house for Hogan who fortuaatel y was from home . On being disappointed in not finding him , they discharged their pistols at the dresser , and broke all that was on it . The party were strangers , and unknown to the family , who were greatly aiartned at the circumstance , j Pleasant—Very % —The Editor of tbe N . Guardian say a he has received the follow ing
THREATENING NOTICE . " Big Belly Ke ! iip 3 Ton . —You did not take my last notice , I tell the men again to mind themselves by night for my Corporal knows every one of them , you are a great tyrant against the Priests and Repeal , I will give you three or four bullets in the belly .
KEMPSTON . [ Here follows the figure or outline of a man , with six bullets perforating his brain and several parts of his body ] . j " By God you will get no further notice from me for your paper on this night is Cutting down Ely religion . I I remain Captain Steelribs of this town an County Tipperary . " Last Sunday a threatening notice was posted at the chapel in Augbintain , threatening vengeance on any one who would take a vacant farm on Mr . Brown ' s eata , te . —Ehni . skilten Reporter .
We learn with great regret one of those mysterious movements , which in other counties manifest themselves in lighting of straws and makiug bonfires , has commenced here . In one district , the houses of Roman Catholics have been singled out during the night by two distinct White marks . We have not been able to ascertain tho real meaning of these demonstrations , but , uo doubt , something political is intended ;—Ibid .
THE SIGNAL FIRES . The Cork Constitution of Tuesday contains letters from a host of Correspondents , giving accounts of the renewal of the signal fires on Saturday last , iu the Counties of Cork ! , Kerry , Waterford , Tipperary , Limerick , Clare , & . d . & . c The Editor says— " On Saturday evening , the hills were again in & blaze . Throughout a large j portion of this County , wherever the eye turned , it was saluted by a fire . In Kerry , the same signal was Been on every eminence , and Waterford , Tipperary , Limerick , and Clare , were equally alive to their "duty . " These "demonstrations" cannot be " got up" without preparation . There must be some system— ^ some managersome persons to originate and direct , and some
through whom the . direction is communicated-in the multifarious districtslof the country . Who are they ? In the neighbourhood of this City ( Cork ) the signals blazed as iu places ! more remote . No fewer than twenty were counted from Sunday's Well , and the yelling was heard for miles around . In quarters of the County , too , notjnamed by our Correspondents , the peasantry were fas active , and the fires sprung up successively from hill to hill . In the neighbourhood of Bandon , the first fire was lighted at Cashel Hill . This was about half-past seven o ' clock , and in a few minutes , as ] far as the eye could reach , the whole horizon was illumined , amid dancing and yelling and blowing of horns . From Mallow along to the County of Limerick every elevated spot bad Hb lire , ana great alarm prevailed . "
; Dublin , Nov . 15 th . Mr . Judge Burton sat at half-past ten o ' clock , to hear motions of course . The full Court sat at eleven o ' clock . i The Attorney-General was in his place at the Bitting of the Court , and was subsequently joined by the following Counsel for the Crown : —Messrs . BrewBter , Tomb , and Freeman , Q . C ., and Messrs . Holmes and Napier . ! Tho agents of the traversers and the following counsel of the accused were also in attendance : —Messrs . Moore , Pigofc , Hatchell , Henn , Monaban , « Fitzgibbon , M'Donoogb , Q . C . ; Sir Colman O'Loghlen . { Messrs . O'Ha ^ an , Perrin , and Close . ; THE QUEEN V . O ' CONNELL .
The Chief Justice called upon the Attorney-General to proceed with the case , which stood over from the previous eveningi The Attorney-General said the question which now was raised before their Lordships was , whether or not the pleas which were tendered on the preceding day on the part of the defendants ought , at this stage of the proceedings , to be received ; and he thought it would be found to depend upon tbe construction of the 60 Geo . III ., c . 4 ; and he contended that the traversers were bound , if they intended to plead in abatement to tbe indictment , to have so pleaded in abatement when they were " kcharged " with the indictment , Such he apprehended was the practice , both in the oases of felonies and misdemeanours . .
The Attorney General proceeded to support his case at great length , ! contending that under the act when the rule to plead , or giving the party time to plead or demur , is spoken of , that in no portion of the section did it contemplate or intend to apply to the case of a plea in abatement or plea to the jurisdiction . It was never within the contemplation of the aot to give the patty advantage by way of dilatory pleading ; for , if he were right previous to the act , he must plead in 'abatement on arraignment , according to the ordinary course of this court , ia , which
rules to plead were entered every day during the term . The rule to plead was an eight-day rule , and that was followed by a rule for judgment unless plea in four days , and that eight ot four-day rule had no reference to a plea in abatement or to the jurisdiction , which must , according to the eourse of the court , be put in in four running days , which would i nclude Sundays ; an > i if they applied the practice in civil cases to this case , the plea was not in time in this case , because itho plea was not tendered until the preceding day .
judge Perrin believed the practice in that court before the passing of the act was , that » party had the same time to plead in abatement in the case of misdemeanour as in civil cases , and the four days there granted run on the crown side in the same way as on the civil side , and it was oaly in cases ; of felony or treason that the party was bound to plead on arraignment . . | The Attorney-Geaeral said { if'that were the case , and from his lordship's expariencc he had no doubt it was the plea conldjnot be received , for it was too late , according the practice ia civil cases , and if they wanted to raise the question ,, they should have tendered their pleas on Monday . the Chief Jiustica said the officer reported the praatice to be according to Judge Perriu ' s
recollec-Atborney- General-r"Then your Lordships will find that there is an end of the case ; and how that that preliminary point was settled by the recollection of Jvidge Pexrin being borne out by that of the officer of the conit , he begged to be allowed agamto refer to the Act of Parliament . " The Attorney-General continued a very lengthy address , and conoluded by observing that under all the circumstances of the case he submitted to the court that the Act of Parliament could not sustain the defendant s application The court were clearly called upon to reject the pleas , and not put a construction upon the act that would contradict its policy , and that when the legislature expressed ; an intention to prevent delay , they would cot put ! a construction upon the act that would create delay . He , therefore , called upon the court to refuse toj receive the several pleas that had been tendered by the defendants .
Mr . Moore , Q . C ., appeared as counsel for one of the traversers , Mr . O'Connell , and , as he understood the case , the Attorney-General had in substance and in fact moved for an order of tbe Court to its officer not to receive the pleas . He was not in Court on the preceding day ; but he understood the pleas were given in to the officer and read , aad the Attorney-General was now , he thought , in fact , calling upon their Lordships to give directions to the officer tbat the pleas should not be received . It appeared to him that it might have been fully competent for the traversers to have insisted upon tbat strict measure of right , which he recollected his friend , the AttorneyrXj-eneral , had insisted upon on a former occasion—namelysthat" no application ehonld be brought vinder the ' consideration of the Court without giving that notice that was required by the rules of the Court . "
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L'i the courae of Mr . Moore ' s argument he was interrcptad by the Attorney- General , who said he wished to mention a fact which he had forgotten to state ib the comae ot hia argom 9 n > . Tneir Lordships were aware that an application was about to be made for bills of particulars , and notices were served on the crows to tbat effect , and he had novr Xtif ^ nSSi * *^ ? *?* " * beeD implied S ou Mtnfy&t ^^ fnraiShed t& *¦ - Par " ^^ ^^ tt ff *** ™ Jthi 0 B Mr . Brewster—It ia now mentioned , that ifcmay Topl y ?™ y ° b 7 SOT P « when I state jfrii 0 ,, Ji ! r ; c , MoOM ~ I must say k come » » a me now by
™« i ? rney ? ~ , apprised » t that , whea you were gomg to make the motion , air . Moore-I was not aware of the bill of par-UcHlars bemjf furnished , and 1 submit that if you k ah faots y *» u m ^ o 60 . on affidavit , ine Attorney-Genoral referred to Moody's Cwma cases to show , that whero a party obtaiaed a bill of particulars he could not avail himself of any objection afterwards . Mr . Moore resumed , and after a very lengthy speech , concluded by submitting , that there was nothing in the prineiplc 3 of common law or justice , or in- the provision of the act of parliament ia question , that warranted the Attorney-General in
calling upon the court to give that limited construction to the act . and that , therefore , the court would not accede to his application to reject those pleas . " Mr . Hatchell , Q . O , followed at great length on the same side . Mr . Henn , Q ,. C , said he was for another of the traversers . The Chief Justice said he did not think tbey should hear any other counsel for the defendants , as ther had a common case , having put in each the same plea . It would be a great waste of public time if they were to hear counsel for each of the defendants on the same point .
Mr . Monahan , Q . C , said there was not the least disposition on the part of the defendants ' counsel to delay the time of the Court ; Tbeir lordships would not bind any man without hearing him . and they might therefore claim the right to have counsel heard separately for each ; bst they would be satisfied to forego all such right if the Court would then hear Mr . Henn . The Chief Justice said if they heard Mr . Henn there was no reason why they should not hear counsel for all the defendants . Mr . Whiteside , Q . C ., said they would be all satisfied if Mr . Henn was heard . Chief Justice—Why did you not consult together beforehand .
Mr . Monahan said they had no opportunity to do po . He had some suggestions to make to Mr . Moore , but he had no opportunity of doing bo . and hfl waB then obliged to communicate them to Mr . Henn . Mr . Pigott , Q . C ., said he had been similarly circumstanced , and could not approach Mr . Moore to consult with him . The court having consulted together for some time ,
Chief Justice—Do you state to the court , Mr . Henn , that there is fresh matter that has not been opened in the discussion ? . Mr . Henn—I think there is some , my lord . Chief Justice—The court must have an objection to have the same ground gone over again and again , no matter how ably . Mr . Moore said he had not an opportunity to consult with any of his Learned Friends , as his brief did aot come to his house until long after he had retired to rest on the night before .
Mr . Monahan said it was twelve o ' clock at night before his brief had been sent to him . Mr . Whiteside said all the counsel present were similarly circumstanced . Chief Justice—If Mr . Henn is to speak , I take it for granted we are not tohave any more counsel applying to be heard , and for my own part , I must protest against such a course being adopted . Mr . Henn then proceeded—He said he wished in the first instance respectfully to call the attention r "
their Lordships to the nature of the plea which thi ; court w # re called on to prevent being pleaded . The Attorney * General had Spoken of it as if it had been a mere dilatory plea , formed for the purpose of delay . He would submit that , though a plea in abatement , it was not a mere dilatory plea , but that it was framed to raise a most serious and important question . The question raised by the plea in abatement was , whether the bill of indictment had been found on the testimony of sworn witnesses
Chief Justice—On the the testimony of witnerses sworn in court % Mr . Henn—Yes , but if our construction of the law be right the witnesses were not sworn at all in peint of law , unless they had been sworn in court . Chief Justice—You need not go into that question now . At the conclusion of Mr . Henn ' s argument-Mr . Brewster r « nli « a at txrao ± ionath . cm behalf of the crown , m the course of which a smartish fire was kept up between Mr . B . and the Counsel and Attorneys for the Defendants . After a lengthy discussion between Mr . Brewster and the Court ,
The Attorney-General again rose and said—I now call for the rule to join in demurrer in four days . The Chief Justice proceeded to give judgment After speaking at great length , he in conclusion said the court was called upon for the first time to impose a construction upon the &et that vrovld really , and in point of fact , compel a party , if he intended to rely upon a plea in abatement , to plead within two days , instead of within four days , whereas the statute said that he was to hare four days to plead in compensation of the rights of which he had been deprived . Without going further into this case he hoped he had sufficiently and clearly explained his views on the subject . He thought under the true construction
of the act they were not bound to give a narrow construction to it , but if there was any doubt to give it a more general construction . Moreover , be would not throw out of his consideration of the case that the officer of the court made no restriction as to the nature of the plea . The party was at liberty to plead , not within four but within five days , and if the case turned on that , he for one would not say he would not permit the parties who were suitors in that court to run the risk of being misled by theofficer of the court to whom they applied . And supposing it to have been a mere mistake , he would hold the party in this particular ease entitled to the benefit of it . Those were his views on the subject , and he believed the rest of the court were of ( opinion wittt him .
Judges Burton , Crampton and Perrin concurred with the Chief Justice . Attorney-Gen Bral—I understand these several pleas are now received , and I demur . I have handed in demurrers to each and every of tho 3 epleas , and I submit to your lordship that I am entitledto call the traversers now to appear and join in de- ^ murrer . Mr . Moore objected ; and the Attorney-General replied . Chief Justice—We are of opinion , Mr . Attorney-General , that he is bound to join in demurrerinsfeanter . ... ..,, Mr . Hatchell—If the Attorney-General had stiH any difficulty on the subject they would have no dif > fioulty , as was done on the preceding evening , toadjourn the case to the following morning .
The Attorn ey-General was much obliged , but the design of the other side was palpable , and he had » no wish to concur in their views or objects . Whatever the practice in England was , the practice was . nofc so in this country . But ( said the Learned Gentleman ) I represent the Crown here , my Lords , and 1 ^ . with every respect for the Court , deny the right of the Court to delay the proceedings of tbe Grown ; , and , representing the Crown , 1 call upon th& parties to join in demurrer , and I call upon ypu ,. my Lords , to prevent your being a party to the-dclay that is called for . The Court having spent some time in consultation , with Mr . Bourne , the Clerk of the Crown * . The Chief Justice said , on inquiring of the ofEeer of the court , it appeared that tho- practice in . this country is to give a four-day rulo in . such ,
cases . Attorney-General—I know that the ordinary practice may be so ; but the question is , whether the party bound by their recognizances ta the Crown , t % 1 ha ve bound them in this case , to appear-from day today , are not thus obliged to join in demurrer instanter . It was well observed by Lord Piuukett that the rulesof the Court are the servants of tbe Court , and where a plea ia abatement is put iu , as I assert , in order to * create delay , and where I sustain that view by de ^ murring as rapidly a 3 I could , I say that considering these circumstances , I trust your Lordships will , notwithstanding any rule of practice to the contrary , require them to join in demurrer forthwith , as I require them—( much Bensation among the bar ) . Some further discussion ensued between the Court
and the Attorney-General . Chief Justice ( addressing the Attorney-General ) said—When you mentioned the matter at first , aad cited Layer's case , it occurred to me that what you read appeared exceedingly reasonable r ana tnat the party who had put in a dilatory plea , whicfc undoubtedly this plea mufit be confessed to be should bo prepared to defend « when , called upon to do so . I cannot see the reason why a rule should hold in capital oases and not in other cases ; and when the thing wea first mentioned I did concur in your reason ^ and I thou ght the party were bound to join _ ja demurrer forthwith ; but as tho practice is repotted by the officer to be to enter a four-day rule , we , eannot now depart from it .
Mr Scrivener , Seoretaty to the Lord Chancellor , ¦ w as an attentive listener in court durlog ^ theDroceedings , and took his departure imiM ^ t ^ TOW the result was kaown , /^ fe ^ T ^ - -r \ ' ^ j ^^" ^' / i fi 9 / C - -: < "f y -. ' , £ * f ^^ v <^ S- ^ ' > ' ^ NnMP ) -iff-^ V ^^ o ^^^ E ^ MMr ^ DD
Glorious Progress Of Chartism In Leeds.
GLORIOUS PROGRESS OF CHARTISM IN LEEDS .
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gar Since ihe above was in type , we have learned of another case of Tbuck , in Leeds , which we deem It necessary to expose , in the hope that either pnblic indignation , or actual prosecntion , may force it out of existence .
About a mile ont of Leeds , on the Bradford road , stands a large newly-built Machine-making estaiEshmentj belonging to a firm trading , we believe , amder ihe designation of Wnnxui , Brothers . " A little iorther on , on fee opposite side © f the road , 5 s a Grocery and Provision Store , kepi by a person named Hobsehaj ? , brother-in-law to the Whihah 3 , he having married their sister . It is understood ihat Hohse 3 U 5 ias been "helped ' into his shop by She Whittaxs j he having been in low water , and dependant on them , for a long time . 2 ? ay , if his Own declarations are to be believed , it would appear ihat the shop actually belongs to the firm i for he
has been heard to say , that Ac-derives no profit from it ; but that he lias to account every week , taking his books to the Counting Home of the " Concern" every Monday ; where , among other things , it is ascertained whether , or not , each one in their employ has complied with the ohdebs given , and "traded '' , at Ihe Tommy-Shop for his " prog . " An instance occurred very recently , of a man who'did not go to -the Ehop for gcods ; and lie was waited on by one of the *• Brothers" and given to understand that" if he teas employed in their concern , he MUST go to the &op . "
In this case , asm almost all the cases of Tbtck , ihe goods supplied at the Tommy-Shop are charged far above their market value . The evils of the Tbuck system "would be unendurable i even did the Tbtxkstehs snpply their "thing 3 " at the real price for still there would be the absence of freedom ; the tying ap of a man's hands ; the chaining him down to one counter , ihat a profit may be made of his earnings , over and above the profit accruing from Ihe application of his labour : bat when , as is almost invariably the case , and certainly so in this instance , advantage is taken of ihe necessities and position of a dependant workman ; depskda > t on the Employer for ^
"Leave to toil f when adraniage is taken of thi 3 , to force upon him things at full 25 or 30 per cent , dsjlbee than the market price , the system becomes one of DOWSBIGHI JlOBBEBT J sad ike parties practising it are , to all intents and purposes , TfK * T * TVTys Thieves .
Let n 3 hope that "Justice" will soon overtake them J It shall , if ra can be at all instrumental in mending her pace .
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Citation
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Northern Star (1837-1852), Nov. 25, 1843, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct509/page/5/
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