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TprrR 3 W&S& AMERICAN ASSOCIATION . ^ r 1 -ro « Hi-Ho ^ SEI XqjfDO » -In oosBeqneEca of the - » iw « a « " ™ *> J lieutenant Lean ^ ti » Government ^ 2 Eon £ « e ^ MtE PretweD . the captain of the Sfiaaoesiag . -which some months mo left the port jFXondon -with , emigrants for Prince Edvnird ' a Island , fend Mr . D . Campbell , the owner of thevessel , -were Bsmmoned before the Lord Mayo * yesterday , -to answer fee complaints of several of the uofortunate persons ^ fho tad broken -up their establishments ia th » « oontry SBrleBgage&to go to that Tenote region in . tie Be > -
bsdoes , TnsOes the KHsc&on « f the BiiUsG Asssacsa Association . The jastke-wom was ^ ensf 2 r crowded during the ErresBjation . -which laBted » $ * && length of time , ssd clearlv showed that the-wfeele sfiairtiad leen a gross hnrabag * rpon the pooriaec and -their fyjTtiTKwt . R ^ jarfeable -excitement -waSiOBOBed amongst those " ¦ % >« t-eard tkepsrtacnlar * . « -- 3 .: ; -. a FxettreH , " * fco tr ? s the first ^ fresstionsdiy the X - Mayor , manifested 1 > - most teud * ble desire from thEe » mmenceiaent * o « ivt a fall « ag > lanation- as fas as tte "was concerned . In anstr er to oass&msj ? u . t by Ms lordship ,
He said that he 3 iad been engaged at € htrvesend to ¦^ tn the eoEuaand of the yessA ^ a Prince Sd-ward ' B 3 riana , and Jie -eiiled from Qa Do-wnis = on the 1 st xrf November , 2 S 42 , -with fifty passengers { men , women , and . chHdreB ) . ^ ben ihe -vessel leached forty-two i& grees "west losgitude , she encountered heavy winds and seas , sncL ^ ras so dreadfully battered as to be obliged to pafb&ck to the nearest eligible port , "which Teas Cork , a -distance of absnt a . SOOiafles . On the 22 nl of BeeamSer , she reached-Cork , -where ishe ieaained -until the 9 th o ! April , when she Bailed for londen , leaving behind her in -Cork waaae of the emigrants , Wfc "bringing to London abont thirty of them , "who were at the present motaent lodging and boarding In her in fee Iiondon Docks . The Iiord Mayor having ascertained from the Captain the natsre of the damage sustained by the Teasel , asked him what money be had received from the -passengers ?
CaptaiaFrttwen replied thai beiadnotieeeivea a Jatthing ^ from any passesger , nor had he received a JarthiBg of pay since he had joined the -vessel . He had caused ^ all the repairs to be done-fco her in Cork . The iord Hayor—How -was she provisioned ? Captain PretvreU stated , that no reasonable complaint « oald be made as to the provisions , which were abundant sad / unexceptionable . The repairs , however , went on t « t slowly , for the agents in Cork began" to suspect BiaS-tbey wonld act « asOy proenre leronnerataoD for their-outlay . The British American Association , in the
uteafi time , sent to ' him to atete that the vessel must aailon the SOth of-J&rch , and he aide every preparation in his power , when he received an intimation Ujat « h&was 3 tot to proceed . He paid off the '* hip * B comganj-at Cork , aod consequently had on board only ihe mate , ; the stewBTd , the emigranta and himself . The emigrants never expressed the slightest dissatisfaction « Vhi 3 conduct ; on the contrary , they were convinced lie had dons all he could for their service ; but they 2 &t and expressed fitter disappointment at the manner in which'they hsd "been treated by the Association and those who acted for that body .
The Lord Mayor—Did you expect that yon would » aeh Prince Edward ' s Island at that season ? Captain FretoreU—I am sore that if we had ~ not met sach severe weaker ( fox there have not bees rach heavy gales on the coast ef America these ten years ) , "we should have siade \ b 6 passage . We were snfSdently manned , tad hsi everything of the beat quality . Ihave been often toSt John ' a ia J » ew BronBwIct , and to ^ firMBichit and I know we should have succeeded . "When ve were -en the edge of the bauta of Newfoundland we all agreed , in consequence of theroecessity of the xaas , to bear for a port ; and ^ after consulting with the anperintendent of the emigrants , and with the emigrants themselves , all -of Whose protests 2 received , we acted accordingly , The X 0 S 2 > Matob—Ton understood the nature cf theToyageyon were going ; was it not a very late one ?
Captain PretweH—It was late for emigrants , but 3 bsxe so doubt it -would have been effected if the weather had not been so bad . ~ We arrived in London os Sunday last , and the vessel is now in the London Bocks , and the emigrants are in her , I have done nothing with them , and I do not consider myself any longer in command . The lord Hayor . —And who Ib in possession of the Tesse !? Captain Fretwoll . —Ht Soames , who has a mortgage "oponlier , has put in a ship-keeper . The lord Mayor . —The summons handed In states that yon nnia-wfnEy attempted to force the emigrants to leave the ship-Captain FretweH—I never contemplated anything of the kind . I have no power whatever in the abip . I have paid off the runners I hired in tha Cove of Cork , ¦ Where I discharged the able crew I r <* a to go the Toyans .
The . Lard "Mayor—Ton have answered every inquiry in the most candid and straigbforward -way , and there is no charge -whatever established to your prejudice ; "bai witat are these poer men and their families to do ¦ who have calculated on the allotments ef land , and thrown op tiseir situations in this country in thfr hope of bettering their condition ? lieutenant lean , the ^ Dvemment emigration agent , said he had heard the emigrants speak in the highest terms of the conduct of Captain Prefc ^ elL TheXord Mayor then questioned Mr . D . CampeQ at considerable length . Hr . CampeD stated , in answer to his lordship , that 1 » wasj ole owner of the Barbadoes , sulgect t © a Hortgags to Me Soaines of £ 375 . The Jjoril "Mayor—; Wlu > - -were the persons who engaged to take out the emigrants ?
Mr . Campbell—The principal mr-ragers of the British American Association , Sir B . Brown , Sir W . Ogilvie , and Dc , Bolfe . The ship was chartered by me to these three <* trptn ?«« ifmCT ^ to take out etnigrants to Prince Edward ' s Island—all most respectable jcth , but not Tery ~ rich , of course—( a laugh ) . Ihey engaged b ^ m to provide the emigrants at jfS j > er msn , and half-prica for children , with lood and passage out He provided the ship by a contract with Messrs . leslie and Smith , the exiansxve pro-sison inerenants , with meat , bread , fionr , &c , at £ 3 . 10 * . per head . Everything that-was requisite fox the veyage was , according to the Act of Parliament , most abundantly supplied . Tha cargo , ¦ which was"very valuabla , was bought upon credit ; but now tb . e association is "broken up altogether , and 2 have never received a farthing . I have lost the ship and everything else .
The lord Mayor—I find in this printed paper a number of great names , the appearance of which was ealcnla&d to iadtzce people to beHeve that the association was a ~ bona £ de one . There are attached the names of a duke , 15 lords , and nearly 40 "baronets . Ton are amongst ths commissioners , and the emigrants complain that you have notperfarmed yonr contrast Hx . Campbell—It was impossible for me to perform it . The asseciaSon is completely broken up . There baye been several executions put into the house in Bridge-street , and otrmg to what passed at the Mansion-house in October last , the Dike of Argyll , the president cf thb society , hasiesigned . There are actions at this moment going on against the Duke of Argyll , the Marquis of Downshire , and Sir James Colbome . The lord Mayor—This paper contains a list of first sate names . Mr . Campbell—Tes , but they are broken up altogether
The lord Mayor—The sssodation may be broken up , fcnt these noblemen and gentlemen are not broken np . Are all &ese shareholders ? Ml . Campbell—5 o ; they are only the vice-president a ad consulting council . The lord Mayor—How much of the million capital has been paid up ? Mr . Campbell—None a * alL Nobody paid np at alL The lord Mayor—2 Jow , as yon are a director , yon eaa 3 « fc me Jksotr -trhat the plan was with respect to those emigrants if job had got them « at to Prince Edward ' s Island ? Mr . Campbell—Twenty houses had been prepared by Sib association to receive them , and they were afterwards to ba located there "by our agent , Mr . . Goodman , jtnL , a gmttPmim in -whose talsnia and qualifications ¦ we have the utmost reliance . The lord Mayor—And what was then to become of thorn ?
Mr . CanipbelL—They were to build more hootes and -work in other -s ^ aya , and to be regularly loc&ted . _ The lord Mayor—And how were they to be subsisted 7 Mi Campbell—There was a month ' s extra provision going out , s « that they wonld be provided for a month after landing . Tha lord Mayor—And then take their chance of starvation . That is certainly a frightful alternative These poor men have been deceived by the long list of namas , and are now thrown into the most serious difficulties . Mr . Campbell—I have been deceived myself most egregioualy . As to the month ' s extra provision , the general practice is to give extra provision for onlya few * £ S . ^^ i SXK * - * *• Sa
Mr . CampbelL—So they may . Emigrant * are not ^^ ° & ^ ination ^ n mSFSmUS The vessel was jingnlarly unfortunate . The-rojagala ^ oae of « gweeks . If she had been a fortonghtllte / * he would , I entertain bo doubt , lavelSta £ Toyagfl .,, - ^^ Mr . Qeorge Henley anS Mr . Taylor , two or the emigrants , and Tery intelligent men , here stood Kbr ! Wrf-ISey stated their great object in bringing the « e > fore the lord . Mayoiwas to McertoTipon Whojb tna *« noBf responiibUity to them could be fixed . The I « ord Mayor—Have either of you paid money isx its Toyaga .
..- Sit Baylor taid that he had paid ; g 50 lor hinuaif _^» d his famBy ^ of-eight children tolir . Duckenfield , ^? ^ 6 Ct&arf to thaassociation . " tit * **^« 4 ^ stated that he was introduced by the -J mgE&jt ^ &to&s * i ° M 1 ' Halden , whom they ac-§ j £ tii Jfo * W . && geat . * b ^ h « engaged to pay Bt ^ y ^^ TfrCT " * $ * pas 33 ^ 6-j b 7 icstalmeBts in ^ lifSdMtoor-W >» * 8 t ^ iiiJt « Urfrfwifrani WMeSr ^^ aamesin t ^^ offi * ??^ - I 3 » TOnp
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donbt that t" ae noblemen and gentlemen whose names appear on f ^ is paper were wholly ignorant of tUe nature of toe proc £ edings to which it might appear they lent their sane don . ¦ r 3 £ r . Ta ; loi said He had seen in a newspaper an ac-« ssot of the meeting in Scotland , which had been attended , by some of the most respectable individuals , representing the plan of emigration , and the advantages with which it abounded , and he was deceived into the belief that the whole was dictated by the most honourable feelings . Under these cucamsteacea he determined
to go to Brinces 3 E < i \ rar < i " s Island , an ( J- he made bis arrangement accordingly . He bad suffered both mentally and physically in aa extreme degree .: The case of all the emigrants was sow becoming desperate He was given to understand that it wss the intention of the mortgagee to sell the ship and cargo , and to turn the emigrants , whohad not' one farthing in their possession , completely adrift . A representation had been made to the magistrates in Cork on the subject , and those gentlemen were of opinion that the owner was as liable as he would be in the case of a seaman's
wages-The lord Mayor ^—There is no man more respectable or humane than Mr . Soames , so that yon may rely upon it that he will do you jo&tice . Mr . Campbell said , that Messrs . Leslie and Smith also had a mortgage on the vessel . He did not thick the emigrants onght to make any complaint until they were dispossessed of their asylum on board the vessel in which they were at present supported . The lord Mayor—What ! not complain irhen they are threatened with being thrown upon the streets to starve , or to hurry in a crowd to the workhouse ? It is quite absurd to talk in sach a manner . Lieutenant lean said it was officially announced : to him on Tuesday , that the provirir-na would be stopped , ssd bo denbt the emigrants would be obliged to leave the vessel
The lord Mayor . —I cannot , looking over this prospectus , conceive it possible that any of these individuals vrould suffer these poor emigrants to be imposed upon . Mr . Campbell—How comes it then , my Lord , that they have done eo ? The lord Mayor—I dare say that some of these coblemen have , under the impression that . the association -was calculated to do good , allowed their names , from a benevolent feeling alone , to be used . 1 am convinced that not one of them ever dreamt that a number of poor emigrants weuld be sent out to au isolated spot with a month ' s provi&iouB , to run the chances of climate and the various contisgesces to -srhicii persoss in a country unknown to them must be subjected . It was here stated that the Duke of Argyll took the lead at all the public meetings , and made no secret of attaching his high name to the acts of the association , and that his Grace ' s correspondence with the late JLord Mayor clearly proved that fact .
Sir J . Pine , who entered towards the conclusion of the investigation , said that the vessel uas originally mortgaged to Mr . Soames , and that it was now mortgaged to Messrs . Leslie and Smith , who , he bad not a donbt , -weald sell the ship at once . Indeed , be had had the information from those gentlemen themselves . He did not think the ship was by any means accountable in this case between the emigrants and tke associa tion . The lord Mayor . —I am of a different opinion . I think these poor men have a ltgal claim upon the Ehip , and that the ship cannot be ~ taken away without the fulfilment of the contract . If it W 6 ie otherwise the most dangerous and extensive frauds might be committed upon that pretext . This is a case in which I would advise you by all means to have legal advice .
Mr . Taylor . —I am reduced to pauperism with my large family , and cannot afford to employ a lawyer . I have not only lest my passages-money , but I have been obliged to spend She money I had put together to apply to the purposes of labour in the cultivation of the land 1 expected to hold . The lord Mayor . —I shall persevere in this inquiry , to render yon as mnch service as I can . Pray Mr . Campbell , how many shares did those noblemen and baronets take ? Mr . CampbelL—None at all . —( Laughter . ) The Duke of ArgyB and Sir James Colbourne were the only two out of the whole list who signed their names for shares . They signed for shares to the amount of £ * 00 each . The Lord Mayor . —And with this < Cl , 000 you start the association ? Mr . Campbell . —It was started long before I had anything to do with it
Mr . Henley requested that the lord Mayor ¦ wonld postpone the case for a few daye , In order tkat the attendance of the secrctury and a Mr . Andrews might be produced , and also that Mr . Campbell might be called upon to produce his books , which might explain the ease more fully . Mr . Campbell objected to produce his books , and said he would not allow any Aue to overhaul them . The lord Mayor—I shall postpone the case certainly , and I hope that some satisfaction may be obtained , i am decidedly of opinion that you have a claim upon the ship , and that she is bound to leave 70 a at the place of your original destination . I suppose you wonld still go to Prince Edward ' s Island , Mr . Taj lux ? Mr . Taylor—I should not wish to go without coming to a more clear understanding as to the po ^ er of the Association . I understand they have not an aero of land in Prince Ed-ward's Island .
The Lord Mayor—What , no land there ? Is that the case , Mr . Campbell ? Mr . Campbell—Not a single acre , my Lorddaughter ) . Mr . Henley—They bargained to sell me 150 acres . The lrf > rd Mayor— It is quits impossible that any of these individuals \ rh « se names have been used in this list could have kno-vrn of all tiiis . Why , it is a most decided and heartless fraud . I woold send the co ::-coctora of it to Prince Edward ' s Island , with a month ' s provisions . I consider the emigrants the dupes of a double conspiracy . Mr . CampbeD—My Lord , I knew netting of these things . I have found them out to my heavy cost I have lost my vessel and money , and ibere are twenty actions against me . The Lord Mayor then directed that all tbo patties appear before him in a few < laj-a ,
On Friday , Mr . NettleBhip , of the house of Palmer and Nettlesbip , of Trsfalgarisqnare , solicitors to His Grace the Date of Argyll and Sir James Cockburn , waited upon the Lord Mayor , and handed to his Lordship a letter , whick be trusted would find its ¦ way into the newspapers . The following is a copy : — " 4 , Trafalgar-fqusxe , April 20 , 1843 . " ify Lord , —Our attention has been drawn to a report in The Times of certain proceedings -which took place before your Lordship yesterday , at the
Mansionhouse , -with reference to the ship Barbadoes , * and as ? be names of the Duke of Argyll find Sir Jas . C * cfcbnrn , for -whom we have the honour to appear , have , in the course of these proceedings , been most unwarrantably made upc of , and in such a manner sb to create nn impression that they not only were a-srsTe of the ATsngements made for sending out the unfortunate emigrants in this ship , but had , Indirectly at lea . « t , sanctioned such a proceeding , we take the liberty , in justice both to the Duke and Sir James , to state , most unequivocally , that they were both utterly ignorant of the intention to s ? nd out those poor i * elnded persons .
' The short history of the Dake of Argyll and Sir James CockbHrn ' s connexion , if it can be so called , -with the British American Association , is that they , with several o iers , having a desire to promote the objects of emigration , -were induced to attend a meeting in the manUi of Jtras last , bat at which the only resolution come to was that , as a preliminary and indispensable st * p , a sum of £ 50 . 000 should be insured as available for the purposes of emigration , and when that was done , that a further meeting should be held for the purposes of considering , with sueh a sum at command , the means by which the plan of emigration could best be carried
out ; and it -srim at that meeting distinctly undeistood that in the meantime no engagements whatever should be entered into by the Association . Relying upon these resolutions the Bake of Argyli and Sir James Cockborn both left town , and from the date of that meeting nstil the month -of October , wfcen complaints were made before the lats Lord Mayor yith reference to the ship Barbadoes , they were in utter ignorance of everything that occurred , every transact * on having been studiously concealed from them by the patties who are alooe responsible for the gross fraud that haa been committed . " It has . however , since been dissevered that
certain persons connected with the Association thought fit to prjtai a statement , professing to be a report of what took place at the meeting in June which the Duke and Sir James attended , and to which they have attached , in print , by way of authenticity , the slgnafcore of the Duke as president . It is needless for us further to cwsment on the docament , or on the conduct of the parties from Whom it emanated , than to state that the report eo circulated is , as we have abundant means of proving a false representation of what actually did take place at the meeting , and that lie Duke ' s signature , which professes to have been attached to it , is not to be found in the minutes , as entered in the books of theAsEociation , and is consegnently a fraudulent abuse of hiB Graee ' s name in the printed copy . " We have the honour to be , my Lord , " Tour Lordebip ' s most obedient servants , " PALMER and NETTLESHIP . " To the Bight Hon . the Lord Mayor , < ke .
The Lord Mayor said be had no-doubt th » t the wish of the gentleman who addressed him would be complied with as regarded the publication of the letter . He had stated his belief tb * t the names of the ' persons of rank and character appearing in the prospectus had been improperly nsed by the coaeostora of the association for sinister objects . Mr . Hettleship declared that the Dake of Argyll and Si * J . Cockbnrn bad been as grossly defrauded and de-^ Ti ! j £ * " ^ « ntortnnate emigrants , and that « oad become necessary to show who were the parties involved in the actnal responsibility .
The Lord Mayor—I would have you attend by all means trbea this case comes before me , for Mr . Campbell may deny the statement you have made relative to the connexion of the Dake and Sir J . Cwskburnwith thB association . I said before , and ! repeat now , that emigration Bbould not take place without the sanction of tha Government . If Bocieties were got up to favour tt » 9 Tiewsof the SoTeromentia assisting poor emigrants ,
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I can see no objection to associations of the kind s but a plan of emigration cannot be with propriety undertaken by individuals uninvested with the sanction of the Administration . 1 am bound to state too , that the poor people desirona to emigrate should take care before they swallow the contents of a printed prospectus , with exalted names attached , to inquire of the person whose signatures afforded so strong a recommendation whether they authorised the use of their names . Mr . Nettlesbip said , that as the Dake bad publicly withdrawn his name and countenance from the association long before the Barbadoes sailed , it could not be said that they were induced to go by virtue of that name , the withdrawal of which had influenced some of the emigrants to abandon their original design .
The Lord Mayor—If public men attend meetings with the benevolent object of serving the poor classes , they should take care with what sort of persons they beeome associated in carrying out their object . The mischief 1 b , that those in whose hands Is left the working of the machinery frequently pursue objects for their own , benefit , and leave the stigma of failure or corruption to attach to the individuals whose names operate as a recommendation to people to venture in untried speculations . Mr . Nettleabip—The Duke ' s and Sir J . Cockburn ' B object was most humane and benevolent , and it can be proved thatthey are not chargeable with any act in the slightest degree exceptionable . The Lord Mayor—I understand that several actions have been brought against his Grace on account of this afi&ir . Mr . Nettleabip—No more t&an one has been brought , and we have a good answer to that .
Tfee lord Mayor—I would , by all means , advise yon to attend when the parties are to appear before me . Mr . Campbell , who chartered the ship , as it appears , to himself and two others , as commissioners of the assoeiation , complains that he has been worse treated than anybody else , and that he has lost the ship and everything else . The whole of the circumstances shall be sifted , for it cannot be endured that numbers of families should be cast upon the world in misery , and that the concocted of this plan of fraud by which they have been ruined should escape unexposed and unpunished . Mr . Nettleship said that he should certainly be in attendance , npon the part of the Dake and Sir James Cockburn , at the approaching examination , and having thanked the Lord Mayor for the suggestion , retired .
ADJOFRKED INQUIRY . On Saturday a most carious and striking scene took place before the Lord Mayor , wbo appointed that day for entering fully into the investigation of the charges against the British American Emigration and Colonization Association . Mr . D . Campbell , cne of the commissioners of tbe association , upon appearing at tbe jostice-room , according to his promise to the Lord Mayor , was taken into custody by Cartds , tbe constable , upon a warrant charging him with having obtained fraudulent possession of a steam-engine from Mr . G . Scott , an engine-manufacturer in the Commerclal-rofld . Mr . Taylor , Mr . Henley , and others of the emigrants , and numbers of their
friendB , occupied a great space in tbe justice-room . Mr . Lloyd , counsel , and Mr . Nettleship . solicitor to bis Grace the Duke of Argyll and Sir J . Cockburn ; and Mr . Meller , counsel to Sir R . Broun , one of the commissioners , appeared to justify tbe conduct of _ their respective clients . Dr . Rolph , who was named in the prospectus as ene of the commissioners , in conjunction with Sir W . Ogilvle , Bart . ; Sir W . Dnnbar , Bart . ; Sir R . Barclay , Bart ; Sir . A . N . Macnab , and Sir R . Broun , was also present , as were Lieutenant J . S . Lsan , R . N ., her Majesty's emigration agent , and several gentlemen who appeared to be tbe friends of tbe members ef the association , and deeply interested in the proceedings .
The Lord Mayer . having determined to beat the ckarge agaimt Mr . Campbell before any other matttr connected with the association , Mr . Gtoddard , solicitor to Mr . Scott , stated , that he attended to charge Mr . Campbell with having obtained , by false pretences , a steam-engine from bis client . In September last Mr . Scott was applied to for a steamengine for driving a saw-mill , to be the property of the British American Association . It vas to be supplied to the order of Messrs . Hartshorn and Rses , and the terms were immediate pay . Mr . Scoit having completed the
order , sent the engine to the London Docks , but refused to sign the order of delivery , as the cash was not forthcoming . Mr . Campbell , however , having been introduced to Mr . Scott , made such representation as to the flourishing state of the Association , the imm ense quantity of land they possessed , bis own intimacy with the Dake of Argyll , and the affluence of the members , that the engine as given np upon the receipt of two promissory notes , purporting to be the notes of the Association , and signed by three Commissioners . Upon thesa representations the charge was founded .
Here Mr . Qoddard put in two promissory notes of the Association for £ 300 each , signed R . Broun , W . Oglivie , D . Campbell , Commissioners , " and made payable at Glyn ' a banking-house , with 5 per cent , interest , on the 1 st of October , 184 * . Mr . 6 . Scott , of King-street , Commercial-road , stated that he was applied to by Messrs . Hartshorn and Rees for a steam-engine with boiler , and other machinery neeessary for driving a saw-mfll , to go out to Prince Edward ' s Island . He made the engine , ani delivered it at the London Docks in his own name , but , aa he could not get tbe money , he refused to sign tbo delivery artier . Mr . Rees then introdnced him to Mr . Duncan
Campbell , at No . 5 , Adam ' s-coart , Old Broad-street , who declared that the association was one ef the hisbest character and of great inflnence ; that it was a child of his own ; that the Dake of Argyll , who was its president , was his most particular friend ; that the association bad two hundred thousand acres of land in Prince Edward ' s Island ; and that in all probability the promissory notes ( those produced by Mr . Goddard ) wonld be taken np before they became due . Upon the faith of these and similar representations , and strengthened by the prospectus which Mr . Campbell exhibited , he took tbe notes and delivered tbe engine , which was put en board tbe ship Barbadoes . It was agreed that the notes should not be removed from Glyn ' s bankinghouse , bat that they should be exchanged In due time for bank-notes . The Lord Mayor—Have you applied at Glyn ' a for the interest ?
Mr . Scott—I have ; but the answer I received was , that they knew nothing at all about them . I have since be ? rd that Mr . Campbell ia not a commissioner . Mr . Meller ( counsel to Sir R , Broun>—Did you make inquiries of oth « r parties as to tbe respectability of the association ? Mr . Scott—1 did not . Mr . Meller—You took Mr . Campbell ' s word ? Mr . Scott—I trusted to his representation and to the prospectus , but more to the former , in delivering the engine . The Lord Mayor—Do you ¦ wiah to say anything , Mr . Campbell ? Mr . Campbell—All that has been stated by Mr . Scott , except that part in which he asserts I 6 airt the association bad 208 . 000 acres of land , and that tbe Dnfee of Argyll was my most particular frieDd , is pretty correct , my Lord .
Tbe Lord Mayor—Did you represent that the association did possess land ? Mr . Campbell—Not to my recollection . The Lord Mayor—Or , that the Duke was yonr friend ? Mr . Campbell—No ; I certainly said that the Dake of Argyll was , greatly interested in the association , and that he was a member of it . and so he decidedly is . The prospectus was issued before I was at all connected with it . It cannot be said that I got for myself any property from Mr . Scott . The engine is on board the Barbadoes and was got for the association , whu ore , of course , liable for the payment of tbe notes . The Lord Mayor—From whom did you get possession of these notes before yon gave them in payment of the engine ? Mr . Campbell—From the association , of course . The Lord Mayor—How many more noteB of the kind did you get from the Association T
Mr . Campbell—I got notes to the amount of £ 4 , fcv 0 , and I divided them amongst the shippers of goods Iot the association . I wos myself accountable for a ' . l the c-ntracts , and I received the promissory notes ftfc- the amount of the charter and the cargo . The Lcrd Mayor—You told us on the former examination tht . t you had lost alL How is that reconcilable with your atatetuent ? Mr . Campbell—Why , my vessel is In the dock with the cargo , asd the mortgagee is going to sell her ; and what advantage have I had ? What have I incurred hut loss ? Mr . Meller—When you received these promissory notes from tbe s-ssociation was it not understood that yoa were not to pass them ? X $ u Campbell—Never : such a thing was never uttered . Mr . Meller—I wss instructed that it was .
Mr . Campbdl—Why were they then put into my hands ? There is no foundation for such an instruction . The Lssd Mayor ( to M * . Scott )—You caunet say tfeat these are e « £ good notes . Sir Richard Brouu ' B name is attached , and he may pay them when they are due . Mr . MeUer- —Sir , Richard Broun will do everything he is bound as a man of honour to do . Mr . Goddard—Will he pay the interest now due npon the notes ? Mr . Meller said he could not give a decisive answer to that question . Mr . Campbell—The ship and cargo have been brought to London in order that a settlement may be come to about the emigrants . The counsel who appear here to day have an object in eoming forward ; but , whatever they may say , the association Is responsible for all that has been done . In answer to questions by the Lord Mayor ,
Mr . Campbell said , be had passed the bill of lading to Mr . Andrews , the registrar and managing mau of the company , in Bridge-street Mr . Andrews was not to be found . He had remained with the association till December , when a committee of investigation was appointed . He waaia solicitor , and was to have had £ 1000 a year as chief manager . He was constantly advising witb'Sii R . Bronn . The lord Mayor—Was any money received by him T Mi . Campbell—1 do not know . The Lord Mayor—Did you get any moaey from the shareholders ? Mr . Campbell—Not a halfpenny .
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The Lord Mayor—What was the amount of qualification the commissioners were to have ? Mr . Campbell—They were to have stock to the extent of £ 1 , 000 each , one-fourth of which was to be paid down . The Lord Mayor—Did each of the commissioners pay down £ 250 ? , Mr . Campbell—These qualifications were paid inta Glyn ' a , Mr . Andrews took a qualification aud paid , and so did Sir R Broun and Sir W . Ogilvie . Mine was set against the cargo supplied by me . The Lord Mayor—Did the commissioners draw any money for theit own services ? Mr . Campbell—No , nothing at all . Mr . Meller— -Has not Sir R . Broun been very much out of pocket in furthering the interests of the association ? Mr . Campbell—I have always understood bo .
Mr . Goddard here submitted that he bad proved enough to sanction the Lord Mayor in holding Mr . Campbell to bail to answer any charge that might be brought against him . The Lord Mayor—I do not see that Mr . Campbell has committed any fraud against Mr . Scott , and I do not by any means consider myself justified in requiring him to find bail . He got into an association which has turned out badly , and which , if intended to do good , went the wrong way about Ik Now , supposing that he believed
the association to be a legitimate speculation , and that Sir R . Broun and Sir William Ogilvie were men of property , how can it be conoluded that be meant to deceive by the coarse ha pursued ? Here are the acceptances , and they are not due , and the commissioners are , in all probability , able to pay them ? I cannot see that there was any fraud contemplated by Mr . CampbelL Mr . Goddard—He knew and has acknowledged that the association did not possess any land in Prince Edward ' s Island or anywhere else .
The Lord Mayor—But he saw the prospectus , and he knew and believed that there were men of large property connected with the association . Ton have no reason to say those notes will not be paid . Mr . Campbell stated that be had been in business forty years in London , and could be found if his presence should be required . Mr . Lloyd ( the counsel for the Duke of Argyll ) then stated , nearly in the term a exprt ssed in the letter of his Grace ' s solicitor , which appeared in oar psper of Friday , the object which his Grace had in attending a meeting in June last , whan the only resolution came to was a preliminary and indispensable step , that a sum of £ 50 , 000 should be insured as available for tha purposes
of ' emigration . i'he Duke's knowledge of tbo real' proceedings of the association did not extend beyond that information , and his Grace never entertained the most remote idea , of sanctioning any act until that money should be raised , for hia Intention was to promote the most beneficent scheme of emigration , and in eiich a manner as to proyo of tbe highest service to the poor persona who shon'd emigrate , when , the efore , be perceived that his name had been used as a sanction to proceedings which be utterly repudiated aud denounced , nothing could surpass bis indignation and regret , and be immediately withdrew from the association upon tbe communication he bad from the late Lord Mayor . By similar motives Sir James Cockburn was influenced .
Tlte Lord Mayor—Did the Duke see the prospectus wbiob was issued with bis name attached as president ? Mr . Lloyd—The prospectus was sent to him afterwards . The Lord Mayor—When did his ttrace secede from the association ? Mr . Lloyd—In the most public manner , at the commencement of October . The Lord Mayor—Yes ; when all the mischief was done . Mr . Lloyd . —Everything but what I have stated aa having been done in his Grace ' s presence was done behind h < s back . He bad not the most remote notion that the association would make the least movement nutil the condition as to the raising of the money should be complied with .
Tbe Lord Mayor . —The Duke ' s name is published as president of the association . To a certain extent , he certainly sanctioned their proceedings , and he ought to have takes core that men should have been left behind him upon whose integrity and prudence reliance could be placed , in order that advantage might not be taken of the authority which such a uame was calculated to gtoe . Mr . Meller—Did not the Duke and Sir J . Cockburn agree to take shares ? Mr . Lleyd . —All that he consented to do was conditl onoL . It was contingent upon thu raising of the 450 , 000 without which it was determined , by a resolution of the meeting in June , nothing was to bo done . His Grace was to b « merely a subscriber of £ 500 . for tbe benefit of the poor emigrants , not a shareholder . He Bought not , neither would he have consented to receive , the least advantage .
Mr .: Meller—The Duke has certainly acted as a member of the association , and his Grace withdrew when it was likely to fail . If be bad remained in tbe position he had adopted it would have succeeded . Mr . Lloyd . —His Grace withdrew because the association departed from the resolution to which they bad come in his presence . He found that bis name bad beun used most improperly . Those who managed the association bad put his name to contracts and other instruments without hts sanction or knowledge . The , Lord Mayor—Care ought to have been taken by those who took an interest in the emigrants that the vessel should -not be allowed to Bail ; but they were left to take their chance at a dangerous season , and , after having been knocked about , they at last appear before us , and say that those who are pledged to extend to them all the benefits of emigration fling them off to perish .
Mr . Lloyd—His Grace had no idea that they were going ouL The Lord M ayor—Well , what is to be done with these poor men and their families 1 Mr . Mellor spoke warmly in praise of Sir R . Broun , and called the Lord Mayor ' s attention to the prejudices raised against tbe Association . It was true it consisted of persons not accustomed to act , bat it was a bona fide association , and actuated by the most honourable motives . It was bad enough , he admitted , for hia client to be oat of packet £ 7 * 0 01 £ 800 , and to find tbe association fail , without being designated as a person connected with a fraudulent undertaking . The men wh * complained , after all , did not leave employment to go out to Prince Edward ' s Island .
The Lord Mayor—They left their native country to go to a remote one to gain an honest livelihood for their families by industry and labour , and they were induced to go by tbe authority of the great names with which the prospectus abounds . Let them not be reproached with having lost nothing by going . They have suffered a vast deal , and I trust the association will take care that they shall not be able to complain that they have lost everything—( applause ) . Mr . Meller—I contend , my Lord , that It is hard that , because these emigrant ' s have failed in their speculation , the association should be covered with odium and execration . If a man become a bankrupt many others necessarily ate involved .
The Lord Mayor—There cannot be the slightest analogy . Your association are not bankrupts . Now look at Mr . Taylor ' s caae , and joat form an estimate of what he has undergone , and what he may still undergo if his claims are neglected . He has eight children . He has paid £ 60 to the secretary for their passage . He has expended the little money ho bad put together for tbe purposes of his occupation in Prince Bel ward ' s Inland . Now , this man was to have had twenty acres of country land and one acre of town land , and he went away with eanguine kopes of prosperity . He is brought hack with bis large family , without the means of subsistence , and with starvation looking him and his children in the face , and he is told that in a day or two be and bis children are to be turned out of the ship which was bound to take them so their final destination , and to look about amongst the unions for sympathy and protection . It is ridiculous to tell me that this man can be abandoned by an association of noblemen and gentlemen—( loud applause ) .
Mr . Taylor begged permission to say a few words for himself and those who were his brethren in calamity . He was sorry to rind that the advocates of the exalted persons -who were named in the prospectus , were attempting to blame the emigrants after all they had undergone ; but tbe emigrants had met with an advocate \* the Lord Mayor , whose kindness and humanity would not be without imitators . It had been stated that the Duke merely meant to subscribe £ 500 without becoming a shareholder . Now , evidence could be produced to show that his Grace signed his name , according to the Scotch form , aa " Argyll Pfiaaes" for shares in the association—( laughter ) . It had been said that
the Duke refused to do anything in the association until the sum of £ 50 , 000 should be raised . One would think that a nobloraan who saw the necessity of the application of money would put down some himself—( laughter ); but it did not appear that bis Grace had done anything of the kind . It was true the Learned Ceunsel saw that it was proper to bolster up the cases of their cUente , wbo were able to employ them , while the emigrants , without the power of giving a fee , were subjected to every sort of annoyance . Neither he nor any other of the emigrants bad made the least complaint until they were compelled by stern necessity , and they felt now that insult was added to injury . Mr . Lloyd—Not through tbe Duke of Argyll ,
Mr . Taylor—I have been looked upon aa if I were part of a live cargo . Mr . Meller—The lost thing Sir R . Broun would think of would be to offer an offence ta any of the emigrants , all of whom are deserving of the greatest sympathy and compassion . . The Lord Mayor—What was tbe intention about these emigrants when they should arrive at Prince Edward ' s Island 7 Mr . Meller—TheTe were houses prepared for them , and they would have been employed in different avocations until they should be able to provide for themselves and their families . Tbe association actually had land in the island . The climate ia excellent and in every respect it is adapted for emigration * The Lord Mayor—I see iftere are eixty-seven townships on it
Mr . Meller—The strongest prejudices bave been raised against it by those who know nothing at all about it I eay there was no fraud of any kind crctmitted or contemplated is this case .
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Mr . Taylor—I never imputed fraud . The Lord Mayor—Mr . Meller , you say the association had land ?! " Mr . Mbiler—Tney had land when the emigrants were going to Prince Edwards ' a Island , but the contracts were violated . The fact is , this association has been got up byj men of high character and condition , but who did not understand how to manage it . If any man derived advantage from it that man -was scarcely mentioned In the whole of the proceedings . I Mr . Taylor said , the real grievance appeared to be the want of money . The man of most tact and talent amongst the whole body was Mr . Andrews , the registrar . i The Lord Mayor—I have no doubt that If each of the members had put down £ 500 the object would have been accomplished , but the thing has failed .
Mr . Taylor—Our object , my Lord , ia to be placed in the same state in which we were before we engaged to go to the island . | We bave no means of obtaining legal advice or assistance , except your Lordship will recommend us to the City Solicitor . Not a single move has been made to redress orjndemnify us for the injury we have sustained . : JgfiS ^ The Lord Mayor—ffljpcity Solioitor cannot be employed in a public : prosecution of tbe kind , but I shall take the subject 0 ? your application into consideration . Tou onght not to be defrauded of your prospects in life any more than of your money . I hope and trust that the Government will take up the question , for no emigration should be allowed to go on without tbe sanction and protection of the Government Lieutenant Lean ( the Government emigration agent )
said the question ' : seemed now to be , whether the ship could be obliged to become the property ef the emigrants to convey them to their destination ? He was in hopes , when he heard the investigation was to take place , that the members of the association had resolved to come to some arrangement foe their advantage , for these members tv ^ re at all events morally responsible . The Lord Mayor had spoken of the intervention of the Government . He I bad mentioned to tbe Government the state of the poor emigrants , and he had visited them at Gravesenrt . The Government were acquainted with tbe whole of the particulars , but as the question was one of civil process , and the existing law did- not bear upon It—aa Its wai one the like of which never had been before heard ] of , it was thought better that the whole matter should be brought before the Lord Mayor for his decision , f
The Lord Mayor—What decision did the Government wish me to come to ? It is certainly absurd to leavo the decision upon such a case to me , If I were one of tbe emigrants , l | should certainly not abaadoa the vessel . I'd stick to tbe ship —( applause ) . Mr . Meller—These poor men deserve the utmost sympathy , but the association bad no notion of deceiving them . Mr . Halden contracted with tbe emigrants at large . I Lieutenant Lean said be had assembled the emigrants at Gravesend , and asked them whether they were going out according to agreement with Mr . Halden , 01 with the association , aud they replied that they were going out entirely , on account of tbe association , and not at all on account of that gentleman . Her Majesty ' s Government wrote to the commissioners of the association representing the danger of sending out emigrants at such a season , and he remonstrated with tbfl
emigrants themselves , 'who , however , said that they were aware of tbe danger , but they had been delayed so long , and they had keen subject to such annoyances and disappointments , that they would rather run the bs&ird than undergo any further Infliction of the kind . Dr . Rolph—In consequence of what has fallen from Lieutenant Lean , I must say that bad tbe commissioners seen tbe admonitory letter of the Government , and disobeyed its injunctions , nothing could be said in extenuation of their conduct On my return to England , at the end of November , the Barbadoes bad departed , and after entering a- solemn protest against any approbation of such a- ipeasure as sending out emigranta before tbe operations of the association had commenced , I joined with other gentlemen in a committee of inquiry , and did not ] see any document which was addressed by the Government to the commissioners until the middle of the month of January
The Lord Mayor—Were the whole of the names mentioned in tbe prospectus sanctioned by the parties themselves ? j Dr . Rolph—During the protracted investion which took place before the committee of inqniry , satisfactory evidence was adduced by Sir R Bronn to prove that no names were inserted without due authority . Mr . Lloyd—Sir J ; Cockbtirn donies that be authorised the insertion of hia name . Dr . Rolph—The British American Association was originally established to revive the claims of the Baroneta of Nova | 3 eotia , and to conjoin with the restitution of their property and tbe administration of tb . 6 ir rights a system of colonization . This matter was
fully discussed at two meetin ?* , at which bis Grace the Duke of Argyll attended , and by his wish , together with that of Sir J . Cockburn and others , the object of the Nova Scotia Baronets and the plan of colonisation were discussed , and the i British American Association first projected . Mr . Neill Malcolm requested his name to be withdrawn from the prospectus the moment be saw it in print , and directly following tbe 8 th of Jane . Neitbsr the Dake of Argyll nor the consulting council cf the association were advised of tbe arrangement of the Barbadoes . It was planned by Mr . Campbell and Mr . Andrews , and was carried out whilst I wsa absent from this country . It always met with my most decided reprobation . '
Lveutennnt Lean adverted t& a publication Issued from the officers of tbe association , purporting to be official instruction for Sir A . Macnab , in which , in a note , was the following observation : — "These instructions apply to Upper Canada only ; the association having already acquired estates in Lower Canada to tha extent of 30 C . 892 acres , in addition to large estates in Prince Edward ' s IslRcd and , other colonies . " It appeared from that publication that the association sanctioned the unfounded repoit that they were possessed of estates where tht > y had not an acre . The Lord Mayor —| By whom is that paper signed ? Lieutenant Lyan— \ B $ Mr Andrews , who is said to be the chief manager of the association . I trust , my Lord , that you will suggest some mode of indemnifying these poor men , for bringing whom into such a condition the association is certainly responsible .
Tbe Lord Mayor-rl bave no doubt whatever , after what has been stated about the injury sustained by the poor emigrants , and 1 ( be whole of the transactions which have taken p ' aoe , that the noblemen and gentlemen who form this i-aocidtiim , and wbo , as it has been just stated , autborixkl the use of thdir names , will come forward e . u <\ at once subscribe £ fcO each to place the sufferers in the condition in which they were before they entered into the agreement , to tbe Violation of which tbe ? are at any rate no parties . 1 appeal to those noblemen aid gentlemen in their behalf , and I am sure that I shall not be disappointed—( cheers ) . ; Mr . Lloyd declared . iashe had frequently done in the course of the proceeding of the day , that the Duke of Argyll would most heartily agree in any proposition for the benefit of the poor emigrants , but he denied that his Grace was at all responsible .
Mr . Nettleship ( the Duke ef Argyll ' s solicitor ) . — I shall at once give a check for the sum mentioned by the Lord Mayor ] from his Grace the Duke of Argyll . I Mr . Leslie , wbo has ! a mortgage npon the Barbadoes , said he would not disturb the poor men and their families who were in the ship for a few tiays . He also stated , that for £ 8 000 he wonld most willingly undertake to pay off jail the liabilities of the association . Mr . Meller—Nothing can be more clear that the association had no intention of doing wrong than the declaration of Mr . Leslie . They might have got £ 60 , 000 or £ 70 , 000 with ease , by tbe sale of shares , if they pleased , instead of which not a shilling has been got in that way . It was stated that tbe utmost extent to which the noteB of the association were issued was £ 7 . 000 . !
Tbe Lord Mayor said that the arrangement was a good commencement . He felt the highest degree of gratification in having had it in his power to render service to the respeotable men who had applied to him , and be'trusted that they would soon reap the benefits of his interference . The whole of the association would be soon informed through the great public channels of communication of the arrangement proposed , and would , no doubt , without hesitatiou agree to it All the gentlemen who appeared to be favourable to tbe various members of the association , highly applauded the result of the investigation , and the emi-( rrants , whose conduct reflected great credit upon them , in the moat grateful manner returned thanks to the Lord Mayor , to whose j humanity an A discernment the counsel and the Government emigration agent also bore the most hearty testimony .
His Lordship advised that the money should be paid at Messrs . Masterman's j banking-house , and that the Government agent should superintend the arrangements , if any of tbe poor men should still desire to emigrate , { Lieutenant Lean said be wonld most willingly , with Dr . Rolph's assistance , render all the service he could undeT the circumstances tin which the emigranta were placed . !
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KEMARKABLE [ TRIAL IN CANADA . COURT OF QUEEN'S BENCH . Montkeal , March 8 th . —A Man Convicted of Murdering his Wi ^ b by the Evidence op their . Son I—Hugh Cameron was placed at the bar , charged with having , on the 7 th of February , at the parish of St Edward , killed his wife , Jane Linton , by beating her on the head . wUfa a stick . The prisoner pleaded " Not Guilty , ' and was defended by Mr . Haet .
John Cameron , a young boy , aged 13 years , colled The prisoner is my father . My mother ' s name was Jane Linton . She died 0 n the night of Monday week last , of wuandfr inflicted upon her by the prisoner at tie bar . Ifc was in the hpuse at St . Edward's t&a . t she died . He struck her witfe a stick , a wooden poker . I don't know how manj times he struck her , but it was more than once . I did 6 ot Btay in the house . This occurred at about eight o'clock in the evening . There wtre in the house , besides nijself , a child about pwo years old . Be Struck her on the back and on tbe lege .
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I ran out of tbe house for assistance to the nei ghbour * , but they refused to come Iri . I then went to the vat ™? about half a mile distant , >»» d met Thomas PWabv Who came back with me . I did not go into the hon * again after my mother bad been beaten , but wentanJ slept in one of the neighboura * houses , I sa . w h » lying dead . My father was taken down to the villS » of St . Edwards . When I saw my fatheVtwo days afti wards , he asked me how he ba 4 nit her . I told hi ™ he had struck her with a wooden poker . On the mtmt ing of the day on which the unfortunate 1 event ; happen . * they were both friends . Ididnotfcnowof auy qaaJ aJ I dpnt know hia reason for beating her , ' He wag not sober . She was lying en the bed awake ; my hthl was lying beside her . First , I saw him strike her wio » his arm . I went out to get seme wood for tie 8 { qt ] T and while I was away he had setead the ? poker . ^
Cross-examined by Mr . Hart—I had not been ina » bouse all that day ; from dinner until fo ur o ' clock ? remained out of doors . There had been a weddin . party at the house that day . At about twelve o ' clock they were bothi preparing to go to the wedding , an ^ T went to put the horse in the sleight . The weddlns party had left oar house . I came into the house , anf found my father and mother quarrelling ; I then ' vJI out and took the horse out of the sleigh , as they g » M they wonld not go . When I came into the aonje * second time they were both , in bed . My motberhja been drinking aa well as my father . She took pepper . mint and some other liquor . I saw her drink ttfceL
By a Juror—It was not the same sort ef drink gut my father drank . I believe they were both tipgy / T had been living with them about a year and % half . My mother drank very hard , which was a pjpetual source of quarrel between them . She was ia $ . habit ef obtaining liqour without my father ' s feno * . ledge , frequently . My father often searched the hotua for and found it I have refused to go for liqnor fbr het , and then she Bent her little girl eight years of an . Father has often found . her in a state of intoxicatfev but she could always walk . I recollect a policet ^ u coming once , when she'was intoxicated ; he came to father
prevent my from striking her . She was in tha habit of going to bed in the middle of the day , when intoxicated ; she kept a servant girl ; my father haj to lock things up to prevent my mother selling them to buy lif uor . For about a week before the fatal oecum reuce she got intoxicated , and my father beat her -with a stick . I have seen him go almost mad—I mean angri —when he has come home sober and found her draafc ; when ray father spoke of the matter to me in the vft / age , he seemed to know nothing about it , and saidhj had no recollection of it . He read church prayo , every night and on Sunday , X suppose to try to refom her .
By the Solicitor General—The last time I saw her alive was in bed in the room . Thomas Figaby sworn ami examined by the Solicit General—I reside at St . Edward ' s , and know the prf . soner at the bar . On Monday week last I went with tbe children to their home , to prevent the father from beating their mother . I live abont twenty-five acres from them . On entering the house they got a eandk and I lit it . They went about the house looking fo ; their mother , whilst I remained in the kitchen . Thn came back again shortly , crying , and said their moth © was dead in the cellar . I went there and saw the d » d body . She was lying on her aide , with her arm npoa her head . I went away and returned again with my two apprentices , and William Leach , a young man named M'Lellan , and Mr . Forrest . "We looked in at
tbe window , and saw the prisoner sitting near tha stove without a candle ; we then went in . I asked hist bow he was , and so forth , and he spoke ef ordinuj things as if nothing had happened . He went to tht room formerly bia wife's bed-room , and called her to get up . By tbe light from tbe stow I saw tha dead body was lying beside it . His wife not answering , the prisoner said , " Then lie there and ba to you , " addressing her by name , as if she were in bed . I seized bold © f him by the arm , and told him he was my prisoner . He asked for what ? I then called for the others to bring tbe candle . I said , "Yoa see wbat yoa have done . " I saw the dead body before me on the floor ; it had been removed from the cells * The next morning he said he had no recollection . I brought him down to my placet where a coronerfr jury was held , and he was committed to gaol .
Several other witnesses were then called , and ex arained by Mr- Hart , who testified to the general good character of the prisoner for industry and honesty . Mr . Justice Day summed np the evidence in a feeling and impartial address to the jury , in the course of which be dwelt on the enormity r . nd frightful nature of the crirae , and pointed oat such parts of Ihe test } mony as seemed to admit of doubt in favour of the prisoner . His honour next explained tbe difference between murder and manslaughter . The malice aforethought , said his honour , in tbe crime of murder need not be premeditated ; if , therefore , they ( the jury ) should be satisfied that blows bad been inflicted gnfii . cient to produce death , it was quite immaterial whether the prisoner had designed' to kill his wife or opt
After again reverting to tbe evidence , bis honour said the conduct of tbe wife seems certainly to hate been very aggravating , but even had it been much werae than it was , it could not justify tbe terrible punishment Inflicted on her . If you acquit the prisoner , It must be on other grounds than these . ' With regard to his conduct when he was arrested , you have beard it described , but it is perhaps not very safe ground froo which to draw a sound conclusion . Tbe man did eoJ appear desirous of avoiding investigation . He remained with the dead body of his wife . He carried tier from the cellar to the stove . You are told that he called upon her by Dame to get np , which seems not a little dtraoge , bat it may be thought she was not quite ia& and would answer him , or else be did it to cloak his crime . However , tbe deed was committed , and what , ever may have been hia remorse , can bave 00 weight with yon in estimating his guilt You will recoiled
also the prisoner ' s expressions , his doubt , his wonder , and astonishment ; but these if they can be of any use to him , can only be so to show that his state of mind was such that he knew not that he committed the act in a moment of temporary insanity . It is right that you should have these views laid before yon , though the court leaves yoa to draw from them your own conclusions . The deportment of the prisoner when taken was quiet ; there seemed no wish to escape ; and his general character is stated to be that of an industrious man , except when under the influence of liquor With referent to your verdict , it is the duty of the court to inform you , that it must be either conviction or acquittal . When homicide has been committed * , the l » w presumes that malice was present ; if the act , however , had been in self-defence , you noitfhfe acquit hia , 01 bring in a verdict of guilty or acquittal I belief * I am not going too for in saying , that a ' verdict of man ' slaughter the court couid not receive . " *'
After a short conversation with the otsher * Jns&ees , Mr . Justice Day qualified the last sentence , bf saying" Tbe court are of opinion that if , after the boy left , you decide that she gave sufficient provocation , ? ou may bring in a verdict of manslaughter . " Tbe Jury retired for about three quarters of an boOTj and returned a verdict of Guilty , with a recommendation of the prisoner to tbe mercy of the conrt , by resson fit the great provocation be bad endured . This prisoner having been asked if he bad anything to say , replied , ' I have nothing to say—no memory . "
.. Sentence of death was then pronounced against tha prisoner—to be banged on the 6 th of April nexV " Montreal Gazette .
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The PuBLrc executioner of Qronse , in Spain , Don Juan Franciscoe de Paruelo , was murdered in nu own residence on the night of April 8 . His new was the next day found nailed to the door ofMw house , and his body lying in the gutter , in the midst of a pool of coagulated blood . The deceased was » man of mild disposition . The perpetrators of this deed remain undiscovered . A Social Pig . —A gentleman of this town was last weak taking a pedestrian trip to the west , of Loco . Ness , and wheu at Cottertown of Duncan , fte was joined 011 the road by a black pig , which by i » tones or gestures , showed symptoms of a desire to become a fellow-traveller . It was vain to remonstrate , and the pig continned to accompany the pedestrian till they reached Templehovse , having walked at least ten miles . —Inverness Courier .
. The Delegates of the merchants and manufacturers of P&ria have jnst addressed a petition to w Chambers in favour of the Sugar Bill as proposea by the Government . The petitioners declare that ihe passing of thia bill is indispensible , as ^ regaros the natural and manufactured products of fence , the consumption of which , in the colonies , can oniy be encouraged in proportion as tbe colonists wo prosperous in their affairs . A Cautious Judge . —The late Chief . Barm
G'Grady , father of the gallant officer ( Lord bnulymore ) Aide-de-Camp to her Majesty * tried two most notorious fellows , at the Carlow Assizes , w highway robbery . To the astoaishment « ;; fflg Court , as well aa of the prisoners themselves ^ n ^ were found not guilty ! Ab they were Nflg . 2 ™ p moved from the bar , the judge , in * jSM ^ Jv peculiarly his own , addressing Jb ^^ aBor ^ saja * au . Murphy , yon would greatly ease my mind , « 7 keep these two respectable gentlemen until sew " o ' clock , for I mean to set out for Dublin at nre , and I should like to have at least two hoars s »"
of them . " Donegal . — Dreadfui . Case of ^ mS 0 VI ^' ' 7 t Thbke lives Lost . —A labourer of the n * m ™ John Maginniss , who resides at Toatoaln , near m castle , in the County of Donegal , was digging » T « some ground on Saturday , the tth inst ; , for the P « J pose of planting potatoes , when he turned ap »» "" » of a large size . - Hi 8 wife supposed ihejroot ( whig was either Tunilofik or fool ' s parsley * » rth ?®? ™* much alike in their botanical charaotenstics , ¦ w »
equally fatal as poisona ) to be parsley , / crape" * trad , having cooked it , partook of it herself , ana also , to her son , daughter and ei £ ter-in-law . _ ow after the daaghter became dizzy , and Jell w '" ground j the sister-in-law was next affected uruw fame manner , and EaW , " I f « atthe root is the ^ of all this ; " the wife was also attacked , and so pow erful was the poison , that the three dvea »* an nou * and a half after they had partaken of it . ^ f *" ,. a boy abont twelve years of age , fortun ately , diU no * eat any of it , not having liked tbe taste of it .
Untitled Article
£ THE NOR TH E R N ST A R
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Citation
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Northern Star (1837-1852), April 29, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct800/page/6/
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