« AnkstesnisTęsti »
Much exculpatory evidence was led, tending to criminate the captain and crew of the Ayr, and in favour of the character of the panel M'Innes.
The Lord Advocate addressed the Jury for the Crown, as did Mr Cockburn for the panels, both at great length.
The Judge Admiral summed up the evidence at great length, reprobating in strong language the conduct of the Ayr. He urged the necessity of an example being made to prevent a recurrence of similar accidents, through carelessness. With respect to the pilot, (M'Bride,) he did not see any grounds for finding him guilty. That individual was bound to obey orders, and he had only done so.
The Jury were then enclosed, and directed to return their verdict yesterday at two o'clock. The panels, in the mean time, were sent to jail.
The Judge began summing up at ten minutes from three, and concluded at four o'clock of the morning.
The Court Room was excessively crowded throughout the whole trial. The Marquis of Queensberry and the Earl of Minto sat on the bench for some time.
22.-The Jury returned a verdict, unanimously finding the libel proven against D. M'Innes; but in consideration of the circumstances of the case, as well as his good character, recommending him to the leniency of the Court; and with respect to M'Bride, finding him not guilty.
On discharging the Jury, and thanking them for their attention, the Judge observed, that their verdict was exactly in unison with his own opinion.
The Lord Advocate then moved the sentence of the Court.
Mr Cockburn said, that at the beginning of the trial he had made certain objections of a legal nature. He now considered it as his duty, in jus
tice to the Court, the prosecutor, and his client, to state, that, founding on these objections, he intended to exercise the right of appeal, and bring the case before a superior Court. He therefore put it to the learned Judge, whether, in these circumstances, he ought now to pass sentence, or delay till the fate of an appeal could be decided. Upon what grounds the Jury had convicted M'Innes of a most gross crime, and in the same breath recommended him to the leniency of the Court, he really could not see. If they really considered him so reckless and careless as to be the means of sacrificing 60 persons, upon what possible ground could they recommend him to mercy? The consideration of the punishment caused him look back to the charge, and there he found another ground for the infliction of the most lenient possible sentence. "For so help me, God," said Mr C. "I do not in my heart know of what specific crime the panel has been guilty."
The Lord Advocate observed, that he did not see anything in the address of his learned friend, which imperatively required an answer. panel had an undoubted right to carry his case before a superior judicatory, if he was so advised, but he (the Lord Advocate) in the performance of his duty, must insist upon a sentence in conformity with the verdict.
The Judge Admiral, in reference to what had fallen from the counsel for the panels, had only to observe, that so far from not wishing the case to be brought under review in a superior Court, nothing would be more gratifying to his feelings. But that could only be done by suspension; it was therefore essential that sentence should be pronounced, and the whole proceeding brought to a conclusion. The learned Judge then proceeded
to pass sentence upon M'Innes, ordaining him to be imprisoned in the jail of Greenock for three calendar months. He went over, at considerable length, the circumstances of the case, remarking upon the great danger to be apprehended from the careless navigating of rivers by steamboats. He trusted that the result of that day's conviction would be a warning to all masters and owners of steam-boats, to induce them to take every step in their power to prevent the occurrence of similar misfortunes. He also said a few words
to the pilot, M'Bride, in dismissing him from the bar, and expressed a hope that he would not suffer in reputation from any share he had in this calamitous event.
Counsel for the Crown-The Lord Advocate, R. Dundas, A. Alison, and A. Wood, Esqrs. advocates. A. Kidd, Esq. Procurator Fiscal. A. Rolland, Esq. W.S. agent.
Counsel for the panels-Henry Cockburn, Patrick Robertson, and Alexander M'Neil, Esqrs. advocates. John Nairn, Esq. S.S.C. agent.
RECORD OF MISCELLANEOUS EVENTS.
"Hanover, December 18. "GEORGE IV, &c.-It having come to our knowledge that some doubts are entertained respecting the interpretation and application of the first paragraph of the 16th Article of the Act of the German Confederation of the 8th of June, 1815, which is to the following effect: The difference of the Christian religious committees cannot lead to any difference in the enjoyment of civil and political rights in the countries composing the German Confederation,'-we are induced to issue the following declaration and ordinance :
"1. The several professors of the Christian faith enjoy a perfect equality of civil and political rights in the kingdom; and, in conformity with the said article, the notion of a pre
dominant, and of a merely tolerated Church is entirely abolished.
"2. All Christian religious communities have a right to the unobstructed and free exercise of their religious worship; and every clergyman can require the surplice fees, &c., only from the parishioners of his own persuasion. Consequently,
"3. Those inhabitants who belong to a different Christian persuasion from that of the parish, are to pay the fees, &c. only to the clergyman of their persuasion to whose parish they are positively annexed. Fees can be required by a clergyman of a different persuasion when he has been required to perform an official duty, and has really performed it.
"4. On the other hand, all dues to churches and schools, which proceed from houses, farms, and other landed property in a parish, without regard to the personal qualities of the professor, in respect to his religious be
lief, are still to be paid to those entitled to them by every possessor, even if he belongs to a Christian party different from that of the parish. "5. (Contains regulations for the entries in the church book.)"
A committee appointed by the heritors and feuars of the burgh and parish of Stromness, have voted a handsome piece of plate to Mr Peterkin, late Sheriff-Substitute of Orkney, as a mark of their thanks for the services he rendered them in obtaining their several parochial establishments, and of their respect for him as their resident chief magistrate, during the time he officiated among them.
On Friday week, the 1st instant, during the violence of the storm, a poor woman, with a grandchild on each arm, (a boy and girl,) protecting them to or from the school; was by the blast blown from the slender wooden bridge, between north and south Walkerton, parish of Leslie, into the Leven. In her fall she dropped the boy, who clung to the bridge, and was saved; but the grandmother and the girl were drowned, notwithstanding every exertion was made to save them by many of the people in the neighbourhood, at the imminent risk of their lives. The body of the child was found at Prinlaws millsluice. The grandmother was carried still farther down, and got out be tween that and Cabbagehall. Medical aid was in immediate attendance, but the vital spark was extinct.
On Saturday night, the 2d instant, William Robertson, master, and John Becks, mate, of the sloop William, of Ulverston, Lancashire, then lying in Cartsdyke Bay, were returning on board in the sloop's boat, when, as is supposed, it went down with them, neither of the men, nor the boat, having been heard of since.
ward Marshall, the only other person belonging to the vessel, on Monday morning, at eight o'clock, hoisted a signal of distress, and got assistance about ten o'clock, when the vessel was towed into the harbour by the Hercules steam-boat. During the gale the ship Sisters, wind-bound, from Miramichi, had run foul of the sloop, and carried away her mainboom and bulwarks, and slipt one of the cables.
GLASGOW.-The Professional Society's first Subscription Concert took place in the Assembly Rooms, George Street, on Friday evening, the 7th instant, and was numerously and splen didly attended. A considerable and highly judicious alteration had been effected in the arrangement of the seats and orchestra. The latter was occupied by a very powerful body of performers, led by Mr Pearson; and their exertions met with great and deserved applause. The vocal part of the performance, by Miss Noel, Mr Thorne, and Mr Swift, though of a superior description, was surpassed in effect by the instrumental.
CATHOLIC ASSOCIATION. DUBLIN-The Association met on Saturday, the 8th instant, the Honourable Pierce Butler in the chair.
Mr O'Connell gave notice of a motion relative to strange conspiracies, which were, he said, made to disturb the country, and were simultaneous. The son-in-law of the Protestant Archbishop of Dublin, the Reverend Mr M'Neale, had said at a Bible Meeting in London lately, that the Roman Catholic Clergy of Ireland were circulating Pastorini. He (Mr O'Connell) asked, in the name of the living God, how Mr M'Neale dared commit such a libel on the Catholic priests? He would prove, that on Christmas day Dr Magee spoke a po
litical sermon in the presence of the corporators, where he talked of a demagogue, &c. Mr Hobson, a Protestant clergyman, preached a sermon, and said he did not know how soon they should be obliged to turn out with a Bible in one hand and a knife in the other. The people should be told, that to remain tranquil was their duty.-Ireland was never more quiet than at present. He had inquired respecting the system of spying and informing, and understood it was transacted in Mr Gregory's office in the Castle, where none but sworn Orangemen were so employed. The object of the Association was not to meddle with the question of reform; let Catholic emancipation be granted, and he pledged himself the Catholic Association would be dissolved in half an hour. He concluded by giving in his notice of a motion for an address to the Lord Lieutenant, and a petition to Parliament on the present system of exciting false alarm in Ire land.
Mr O'Connell again brought forward the subject of the Courier newspaper, and the intended prosecution of that journal for " its calumnies" on Roman Catholic priests and the college of Maynooth, and concluded by reading a letter to the proprietors of the Courier, offering to abandon the prosecution, if the author of the recent articles was given up.
THE LATE PROCEEDINGS AGAINST MR O'CONNEL.
Mr Shiel said, that he rose to propose a series of resolutions, respecting the issue of the legal enterprise in which the Irish Government had so fantastically adventured. He congratulated Mr O'Connell upon his victory, and Mr Plunkett on his defeat. His success would have been disastrous to his country and to him
self. We feel, said Mr Shiel, as if we had snatched a poniard from the grasp of an antagonist; and beholding in his face the lineaments of an early friend, instead of turning back the dagger upon his bosom, exclaim, in the accents of mingled reproach and sorrow, "Is it thus that you requite us?" After indulging in some very fiery remarks upon the patient endurance by the Irish Catholics of the disqualifying laws, he read the following resolution, which passed unanimously:
"That the prosecution of Mr O'Connell had excited the amazement of the whole English public, and was calculated to awaken a stronger feeling than one of mere astonishment in the people of Ireland."
The other resolutions were also passed. The last was, that an address should be presented to Mr O'Connell. So soon as the repeated cheers which followed the passing of this resolution had subsided, Mr O'Connell rose to return thanks; and in the course of a long speech, adverting to the design of legislatively putting down the Catholic Association, he observed,
"I should be glad to know what law could reach us, or how such a law could be shaped. Is this room to be put under the ban of the empire? Why then we could build another brick tenement. Is the name of the Catholic Association to be abolished? We will call ourselves the Catholic Board, or the Catholic Committee, or if it be more pleasing to their ears, we will call it a Directory. Perhaps we are to be prevented from meeting to make speeches? I would be glad to know, will they make a law to prohibit our dining together? (A laugh.). In short, so long as we are excluded from the constitution, the Association must subsist in some shape or other;