19 DECEMBER 1846, Page 2

Zbe firtetropolfs.

A Court of Common Council was held on Thursday, to deliberate on the bill for extending the municipal qualifications of freemen; but the scene was one series of squabbles. The Lord Mayor declared that the Aldermen bad come to the conclusion that the bill was opposed to the charters, cus- toms, and laws of the City of London; and he must therefore refuse to put the motion for its consideration. Loud and general indignation was excited by this absolute extinguisher upon discussion; Sir Peter Laurie siding with the Common Councilmen against his brother Aldermen. The Lord Mayor's obstinacy was openly imputed to the Recorder; who denied that he had been guilty of improper conduct, but did not deny the exercise of influence. Another motive imputed was, a fear lest the bill should be fol- lowed by another, to curtail the financial powers of the Court of Aldermen. The dispute continued without any progress, until all the Aldermen but Sir Peter left the place, and so broke up the Court without its coming to any conclusion.

The remaining Common Councilmen formed a Committee of their own body, to consider the course which should be pursued.

A quarterly Court of the Proprietors of East India Stock was held at the India House on Wednesday. The chief business was the reading of letters of thanks from Lord Hardinge and Lord Gough. Mr. Peter Gordon made several attempts to force on the attention of the Court his own pecu- liar motions; but he failed to find a seconder.

A deputation from the Court of Directors of the East India Company visited Haileybury College on Tuesday, the day appointed for closing the second term of 1846. Sir J. W. Hogg, the Chairman of the Directors, pre- sided in the hall of the College. A report of the prizes and distinctions obtained by the students having been read, a hortatory address from the Chairman concluded the business of the day. The next term will com- mence on the 19th January.

The half-yearly examination of the Royal Military Academy at Wool- wich took place on Wednesday, in the presence of the President, Lieute- nant-Colonel Sir Thomas Dowman, and a large assemblage of distinguished military men. In the morning, twenty-three gentlemen cadets of the Theoretical class were examined by Professor Christie, and passed to the Practical class for study in the Royal Arsenal. Field-Marshal the Mar- quis of Anglesey, Master-General of the Ordnance, presided in the after- noon; when twenty gentlemen were passed for commissions. At the close of the examination, Lord Anglesey delivered an address touching recent disorders in the Academy— A report had been drawn up by the authorities; of which a copy would be sent to the parents and guardians of every gentleman. He assured them, that it was the determination of the head of the Academy to abolish, by the most strong mea- sures, the system of one cadet's making a nen." of another; and that it would be better for any parent or guardian to withdraw those under their control at once, if they could not guarantee that the gentlemen cadets would refrain from con- ducting themselves in a manner in direct opposition to the rules of the Academy; as any departure from the regulations would insure their dismissal.

Various prizes were delivered.

The annual meeting of the Royal Agricultural Society of England took place on Saturday, in Hanover Square. The Earl of Egmont presided. The report stated among other things, that the Council had concluded a satisfactory arrangement for an experimental investigation into the relation existing between the composition of the ashes of a plant and the fixed ele- ments essentially required to be presented in the manure or soil in which it is grown. During the past half-year, 320 new members had been elected, 56 died, and 798 had been struck off the list by order of the Council. The Society now consists of—life governors, 89; annual governors, 201; life members, 587; annual members, 5,532; honorary members, 20; total, 6,429. The members whose names had been expunged were some years in arrear of subscription: the total arrears due were 5,3751. The funded capital amounted to 7,0001., with a cash balance of 1,395/. in the hands of the Society's bankers. In proposing a vote of thanks to the chairman, Mr. Posey adverted to the condition of the labourer—

The Council had always felt the great importance of improving the condition of the agricultural labourer. They had offered prizes for improvements in cot

tages and cottage-gardens; but they felt it would be unwise in them to interfere directly in the matter, as it would be contissyto their rules to advert to the subject of wages. The Society bad, however, done much towards bettering the condition of the labourer, in the only legitimate way it could be done, by directing public at- tention to the various improvements which might be made in the culture and treatment of the soil. In consequence of these suggestions, hundreds of thou- sands of labourers were at work at the present time (a period when farmers had considerable difficulty in finding work) in draining and similar pursuits. The usual routine business passed off without any occurrence for re- mark.

A special meeting of the Law Amendment Society was held on Wednes- day evening, to consider Mr. M. D. Hill's motion on the subject of juvenile offenders.

Mr. Hill condemned the present method of treating juvenile offenders' and con- tended that the interests of the community as well as of the criminal would be promoted in a greater degree by a judicious system having for its object the re- formation of convicted persons of tender age, than by subjecting them to repeated prosecutions, and continually measuring out punishments to them which had re- ference rather to the offence committed than to any design of putting the offender in a position not to transgress again.

A. very meritorious society, whose object is the reformation of young offenders, has been in existence at Dunsford Heath, in the county of Warwick, since the

year 1818; and the report of its proceedings satisfactorily demonstrates, that not only is the growth of juvenile crime checked by the system which that society has adopted, but that a great saving is effected to the public. It has been found that

during the last twenty-eight years as large a proportion as 60 per cent of the young persons who have been maintained for a period in the society s asylum have

been reclaimed. The sincerity of their reformation is attested by years of good conduct. The cost of the whole hundred, if apportioned amongst the sixty, would be 251. per head; which is very much cheaper to the public than the continued prosecution of these offenders would have been. Thus it is clear that the advan- tage is reciprocal. That it is manifestly less expensive to reform than to prosecute, cannot be ques- tioned by any one who gives attention to the subject. Mr. Hill had many docu- ments at his command which would prove the fact incontestibly. One is a petition to Parliament drawn up by Mr. Rushton, the Liverpool Magistrate, which is full of information on the subject. It refers to the cases of fourteen young per- sons, many of whom were repeatedly arraigned. The average expense of prose- cuting them was 561.—more than twice the sum expended at Drinsford Heath to obtain reformation.

Since the year 1841, a practice has prevailed in the Quarter-sessions Court at Birmingham, of binding young offenders to masters, rather tl.an committing

them to prison, in cases where masters are willing to receive them; and the sys- tem has been attended with the happiest results. The number of persons so dis- posed of up to last Michaelmas session was 113: of these, 40 had returned to bad conduct; the cases of 29 were classed as "doubtful," there being no means of

ascertaining their future progress, as they had left the town; and 44 had been entirely reformed, their reform having stood the test of time. Mr. Hill referred

to the reports made by Inspectors Governors, and Chaplains of Prisons —toMr. Charles Pearson, to the editor of 'the Birmingham Herald, and to the Reverend J. P. Taylor, formerly Chaplain of Norfolk Island, all of whom concur in demand- ing attention to the subject of juvenile offenders, and in condemning the present system of short commitments and repeated prosecutions.

The object of punishment is the diminution of crime: to that end, society has the right to inflict pain; but he denied that the principle of pain for warning and example is so powerful as the principle of reformation. The efficacy of example by pain as a deterrent from crime depends upon two circumstances—the certainty, and the promptitude of the infliction. Many chances prevent both certainty and promptitude. This is proved by the fact that there is in the community a large

class who regard crime as their "calling," as their means of livelihood; which would not be the case if every third, no, nor if every tenth crime were detected. It is proved by the report of the Scottish Inspectors, that in Edinburgh one woman has been committed 85 times to prison,. and another 95 times; which shows the inefficiency of punishment to restrain a mind essentially vicious. In advocating separate confinement, he begged to be understood as not meaning to confound it with solitary confinement. Let the prisoner first commune with

himself, learn to regard labour as a resource, and to forego his evil habits, and

then be gradually restored to society. He would not enter minutely into detail, as his object was to establish the principle, that a person once rightfully impri- soned should not be suffered to go at large again till he should have become

thoroughly reformed. With a slight alteration, he would inscribe over the door of every prison, Dante's awful inscription over the gates of hell, "Abandon all

hope, ye who enter here—of departing unreformed." No doubt, a certain per-

centage would resist reform, and be incapable of self-government: these be would treat as lunatics, and subject them to a perpetual imprisonment, no more painful

than might be absolutely necessary to prevent them from inflicting injury on themselves and others—in fact, in many eases mere detention. He did not shrink from asserting his opinion, that a gaol should be regarded in the light of a moral

hospital, and no patient be discharged from its precincts until thoroughly cured.

In one respect only he would make a distinction, for he would retain the morally diseased incurables in his hospital. If this principle of treatment were acknow- ledged and acted upon, there would be an end of the morbid sympathy too often

exhibited towards criminals by spectators, juries, and even judges. The law would have the alliance of all mankind but the criminals themselves; evil habits would be corrected; and their companions in guilt would have the assurance that once imprisoned offenders would never behold them again but as altered men. This certainty would act as a powerful check upon crime, and remove many temp- tations.

Mr. Hill concluded by moving that it be referred to the Society's Committee on Criminal Law to report on the various plans that had been tried or suggested for improvement of the treatment of criminals, and of young persons likely to become criminal; and further to report upon the principles on which punishment ought to be awarded and conducted.

The motion was carried unanimously; and the Society adjourned tall the 26th of January 1847.

A full meeting of the Committee of the Westminster Reform Society was held on Wednesday evening, at Stannard's Hotel. A resolution was passed denying that any:such want of harmony existed as certain reports had alleged; admitting, however, much diversity of opinion; but pro- mising to place such a candidate in the field as will conciliate all sections of the Reformers.

A public meeting was held at the National Hall in Holborn, on Wed- nesday, to consider the extinction of Poland. Dr. Bowring presided; he and Mr. William Howitt being the chief speakers. Resolutions were affirmed, expressing satisfaction that the treaty of Vienna was annulled, as that fact deprives the Three Powers of an appeal to treaty in support of their tyrannies; declaring the right of every country to choose its own government, and suggesting that an association be formed to promote na- tional liberty and advancement by establishing a good intelligence among the people of all countries.

A numerous meeting of the inhabitants of Lambeth and Westminster was held on Monday evening, at the New Inn, Westminster,—Mr. B Hawes, M.P., in the chair,—to Consider the best means of opposing the plan for banding a new bridge from the York Road to Charing Cross. The Chairman opposed the plan, because it was not desired by the public, and because it would have to be paid for out of the public purse, already toe severely drawn upon for Ireland. The statement that the plan had been put forward under the auspices of Government was not true; all that the Government had done was to consent, through one of the public departments, to the giving of certain notices necessary for the introduc- tion of a bill. Ile had heard that Mr. Barry objected to the present bridge as injurious to the effect of the Houses of Parliament; but a new bridge in perfect harmony with Westminster Palace might be built on the present site. Resolutions were adopted condemning the project, as ruinous to existing interests, and as generally productive of inconvenience; and declaring the present site to be the most advantageous to the public. In the course of the proceedings, Mr. Grissell said, that though not au- thorized to defend Mr. Barry, he was sure that he had nothing to do with the present proposal; that if his opinion were asked lie would be in favour of the present site. Mr. Wilkinson imputed the plan to the influence of the South-western Railway Company. A Committee was appointed to carry out the objects of the meeting.

The friends and subscribers of the Distressed Needlewomen's Society assembled at the Crown and Anchor Tavern on Monday, to take into 'Consideration the circumstances connected with an important secession from the Committee; the seceders being Lord Ashley, the Honourable William Cowper, Mr. Shaw, and Mr. Jeffries. The meeting was convened by Mr. Alderman Farebrother, the President, who on this occasion ap- peared as an accuser: Previously to his secession from the Society, Lord Ashley had filled the post of Vice-President; and he was at the same time President of the Milliners' Society. Up to July last, he had actively par- ticipated in the business of the Needlewomen's Society ; but on the 6th of that month he wrote a letter withdrawing his name from it, on the score -of disorder in the accounts, and the imperfect system of registration. Mr. Alderman Farebrother laboured through a long speech, during which he read a mass of correspondence, to show that the reason assigned by Lord Ashley for withdrawing was not the true one: but that having failed in his endeavours to unite the Distressed Needlewomen's Society with the Milliners' Society, his object was to destroy the former. This allegation Lord Ashley denied. He gave a history of his connexion with the So- ciety, and concluded by stating the cause of his secession: as the Dis- tressed Needlewomen's Society was mismanaged, and its affairs fast sink- ing in inextricable confusion, he considered it due to his own cha- racter, and to the coiafidence which the subscribers had reposed in him, to withdraw when be could be no longer useful. The other seceders made concurrent statements. No motion on the subject was proposed, and the meeting separated with the usual compliment to the chairman.

The eleventh annual meeting of the members of the National Provident Institution was held on Wednesday, at the London Tavern; Mr. Charles loushington in the chair. From the report it appeared, that the number of members was 4,372; 1,005 new policies had been issued during the past year; the capital stock was 299,675/., being an increase of 58,215/. over the preceding year; and the amount paid on account of deaths for the last year was 15,001/.

The Directors and Guardians of the Poor of St. Pancras met in consider- able numbers in the board-room of the Workhouse, on Tuesday, to consider a mandate from the Poor-law Commissioners assuming absolute control over the parish. Mr. Churchwarden Wagstaff presided over the meeting. Mr. M`Gabey, the Vestry Clerk, read the communication from the Com- missioners; which was very voluminous, containing the rules and regula- tions for the management of the poor, arranged under thirteen heads, and a specification of the duties of the various officers. The question which the meeting considered was, whether the Poor-law Commissioners had the power to bring the parish under their control; and, after a declaration of a tooth-and-nail resistance, it was formally moved "that the whole matter be referred to the Vestry." On Wednesday, the Vestry declared the order invalid and of no effect.

In consequence of the inclemency of the weather, the three Refuges for the Houseless, at Playhouse Yard, Great Ogle Street, and Glasshouse Street, were opened for the season on Monday night. There were at once admitted to the Western asylum 22 persons, to the Central asy- lum 111, and to that at the East end 84; all of whom were in a most destitute condition. The regulations are the same as in previous years; each applicant having the use of a bed of hay in a wrapping of tarpailling, with a skin of leather by way of night-gown. A portion of bread is given to each inmate night and morning, and those who remain in the institution on Sunday are supplied with an additional ration of bread and cheese.

The Court of Queen's Bench tried on Monday an action against the Spectator newspaper, for libel. It was brought in the name of Mr. Hudestone, President of the Society of British Artists, against Mr. Clayton, as the printer and p.b- Briber of the journal. The libel consisted in the following paragraph, published on the 11th of A.pril

The last manceuvre of the managers Is of a piece with the whole course of their proceedings. A petition for a charter is presented by them to the Queen, the pretence being that the Society intends to establish a 'School of Art 'I—and they have actually had the audacity to append in the form of signatures to this memorial the names of any distinguished persons who have given donations toward erecting the gallery, or who bought pictures out of its exhibitions ! When such practices as these are resorted to in order to promote the personal interests of a clique of Inferior painters, and give them a factitious preeminence over abler artists, to the injury of the art itself and of the public as well as of individuals, it behoves those who are aware of the attempt to denounce it."

The counsel for the plaintiff were Sir Frederick Thesiger and Mr. Edwards; for the defendant., Mr. Hill, Q.C., and Mr. Phippson.

Sir Frederick Thesiger began his speech by a declaration that the plaintiff did not complain Of the paragraph as a criticism. "He would have had no right to appear before the Court with this complaint; because every person who publishes a book or exhibits a work of art offers himself to public judgment and challenges criticism, and every person has a right to form his judgment and to express his opinion with regard to the merits of that work; and although the criticisms may be strong—maybe unfounded—may be most illiberal, yet the only appeal from each a judgment is to the tribunal of public opinion." He complained of it because it transcended the limits of fair criticism, and went to an attack upon private and personal character. He founded the necessity of prosecution upon the character of the paper prosecuted. "If this article had appnr: in any one of the news- papers which, Ingret to say, to the disgrace of this country obtain public sup- port and approbation from the constant publication of personal and offensive at- tacks, the Society would have treated it, and properly treated it, with contempt: but when it has been published in the columns of such a newspaper as the Spec- tator,—which, I am bound to say, possesses a very high character, is conducted with commanding talent, and., as far as I am able to judge, almost invariably expresses itself in a fair and liberal spirit, and which deservedly enjoys great pub- lic influence and a very extensive circulation,—it is impossible that any man, et any body of men can afford to treat the censures contained in such a paper as that with anything but an extreme and earnest desire to call the public attention to the situation in which they are placed by such attacks, and so to vindicate their character." He described the distinction between the names introduced into the body of the memorial—those of purchasers and patrons of the institution, whose countenance might recommend it to the Royal favour—and the actual signatures; which were all genuine, and signal by the parties or appended according to their express assent in writing. He assumed. that, however fairly the Spectator was generally conducted, its critical columns

i had n this instance been given up to a writer who had some secret motive to gratify, some lurking grudge against the Society. In order to show that, from 1840, if not from an earlier date, a similar spirit had actuated that writer, he proceeded to read critiques upon the exhibitions and management of the Society.

Mr. Hill objected to the introduction of this fresh matter: it was not upon the record; it confessedly involved no/else statements, and the malicious tendency could not be inferred or taken for granted.

Lord Denman thought that the evidence should not be excluded, as the tone of it might show malice.

Mr. Hill requested that a note of the legal objection might be taken. This was done; and Sir Frederick Thesiger went on to read extracts from the same journal

for successive years, skipping 1844. Referring to the apology which appeared in the Spectator on the 18th of April last, Sir Frederick insisted, that under the pre- tence of an apology it was intended to stigmatize the Society and affirm the libel. Under these circumstances, he called upon the Jury to decide to what amount of damages the plaintiff was entitled.

Some evidence was then adduced, but it was merely of a formal kind. Mr. Nibitt, of the Home Office, deposed to the receipt of the memorial; which was ex-

hibited in court, with many signatures, but not read. Mr. George Stephens, a

manager of the British Institution and one of the Society of British Artists, de- posed to some of the formal matters mentioned by Sir Frederick—such as the identification of Mr. Hurlestone as President of the Society. Cross-examined by Mr. Hill, he proved that an admission-ticket for the exhibitions was regularly sent to the Spectator, not only in former years, but also for the last exhibition, notwith- standing the former criticisms. In defence, Mr. Hill commented on that express invitation, reiterated year after year, in spite of the •" attacks " which were now made subject of com- plaint. He described the steps taken by Mr. Rintoul, the editor and pro-

prietor of the paper, to repair the error of the 11th ApriL The secretary and solicitor of the Society waited upon him, and were admitted to an interview.

When Mr. Rintoul understood that the statement was erroneous, he undertook to set the public right upon the subject. As soon as the managers of the Society had that promise, without waiting to see what the retractation would be, they commenced this action; although their having sought an interview, and the com- munications which ensued, implied that they intended to waive an appeal to the law. This view was corroborated by the fact, that a printed copy of the memo- rial, sent to Mr. Rintoul from the Society, was inscribed with these words, in their solicitor's handwriting—" Please not to regard this as intended for publication; this would be contrary to my impression of the spirit in which we parted tine morning. Referring to the high character given to the Spectator by the counsel

for the plaintiff, Mr. Hill pointed out how much more facile, inexpensive, and Con- genial to gentlemanly feeling, it would have been to rest upon a correction of the

original misapprehension, from a journal of that high character; and he contended, that by leading the editor into amicable negotiation for an apology, and then re- sorting to the incompatible course of an action at law, without waiting for that apology which was promised, the managers of the Society and their solicitor had placed themselves in a false position. He did not wonder that the solicitor, in his letter to Mr. Rintoul of the 16th April, communicating the determination of his clients to be satisfied with nothing but "the verdict of a jury," expressed his "deep regret." Mr. Rintoul, however, in his reply to that letter, intormed the solicitor, that such a change of tactics should not influence his conduct—that he should correct the misstatement, and withdraw any imputation founded on the misconception, in the next number of the paper. In that number, accordingly, a full explanation, retractation, and voluntary apology, appeared.

[Here Mr. Hill read and commented on the article of the 18th April ;

which will be found quoted at page 1213 of this paper.] Mr. Hill argued, that the "matters gone by" were quite irrelevant to the present question;

that they were criticisms of the kind which the plaintiff's counsel re- cognized the right to make; and he inferred that Sir Frederick introduced the previous articles in order to eke out the poverty of the case that he was conduct mg. In the celebrated case of Sir John Carr, Lord Ellenborough laid it down, that "it is only by criticism, and severe criticism, that the world is prevented

from being deluged with false taste and false principles, and mistakes which wound be very injurious to the progress of civilization." In that case Sir John was ridiculed in prose, in verse, and engravings, his person as well as Lis writing, and

even his costume. The Edinburgh Review held Lord Ryron's first publication up

to scorn; and Lord Byron retorted with a satire in which he followed his critics into private life. What charter of exemption could the Society of British Artists claim against criticism in a purely public capacity ?—for the Spectator had not followed any of them into private life, or ridiculed or censured them personally. Mr. Hill explained a peculiarity in the mode of bringing this action: it was not

brought by the Society, which' not being incorporated, could not bring an action;

and it was therefore brought by Mr.Hurlestone, for his individual share of the damage. Now if damages, supposing there are any, were divided among the

members of the Society, but a small fraction could accrue to each. In conclusion, Mr. Hill called upon the Jury not to make it impossible for a gentleman of re- spectability and education to be connected with the periodical press.

Seine evidence was adduced. Mr. Hinman, a compositor in the Spectator printing-office, proved that the paragraph in litigation was omitted to make room

for fresh news. Mr. Brimble, a clerk in the publishing-office, deposed to the coming of the secretary and solicitor to the office; to their interview with Mr. Rintoul, of more than half an hour's duration; and to an order which he received from Mr. Rintoul immediately after that interview, to stop the sale of the edition containing the paragraph in question.

Sir Frederick Thesiger replied. The paragraph was an attack on moral cha- rooter and conduct: and although the previous articles did not in themselves contain actionable matter, they did help to show the animus. The article in question appeared when the memorial was about to be presented, and when it was of infinite importance that there should be no charge which could stamp a dishonest acts, ending with forgery, and the apology let down the writer gently with a mere admission of inaccuracy in the last particular. Lord Chief Justice Denman summed up. He referred the Jury to the

so often read; explained the phrase "appended as signatures" to convey the of giving a false appearance to a petition; and presumed that the Jury could have no difficulty in pronouncing it to be a libel. The only question was that as to the amount of damages. They were not to give damages for the former articles; but it was impossible to help recollecting their spirit. For the defence, an apology was brought forward. Under a recent act of Parliament, an apology may, in some cases, amount to such a defence as to stop an action; as where the defendant has acknowledged the wrong and offered a sum in re- paration' with which the plaintiff is satisfied. In the present instance, the de- fendant had not tendered any money, but he adduced an apology in miti- gation of damages. Perhaps the fact that the paragraph did not appear in both editions diminished the injury. After the interview with Mr. Rintoul, Mr. Flight, the plaintiff's solicitor, wrote to say, that as the part of the im- pression which omitted theph had not in fact made any reparation, the case must go before a jury. &17.gRrilitoul replied, that that notice would not alter his conduct—that he should still insert the apology; and it was to be regretted that, if Mr. Flight was not satisfied with the apology, he did not say what apology would satisfy him. "On the other hand, I think Mr. Rintoul might have gone a good deal further in the way of apology than he has. It does not fairly meet the thing, I think, as it ought to do. Instead of saying We are bound,' he might have said,' We are satisfied that we have been deceived; we have stated an un- truth, and for that untruth we have to express our unqualified regret.' " The Jury would judge whether the apology which had been made was sufficient.

After retiring for about twenty minutes, the Jury returned a verdict for the plaintiff—damages 1001.

At the Central Criminal Court, on Wednesday, Parsons, a Post-office letter- carrier, was indicted for a misdemeanour in having detained and kept in his pos- session fifteen letters. He pleaded guilty. It appeared that the man had not opened the letters; and his counsel said all his offence was detaining them. He was sentenced to imprisonment for six months.

A dexterous and extensive robbery was committed on Tuesday morning, at Messrs. Cox Savory and Company's, No. 54 Comhill. The shopman opened the shop, and then, having locked the door, went to breakfast. During his absence, somebody picked the lock, or entered by means of a false key, and carried away trays containing a hundred and fifty watches, of the value of nearly a thousand pounds. A cab was observed to drive away from the opposite side of the street with great speed about the time the robbery was effected.

A young man in the employment of a stationer in the City Road has had a narrow escape from suffocation by the fumes of charcoal; the deadly nature of which, it would seem, people will not learn. There was no fire-place in his bed- room, and on retiring to rest he lighted some charcoal in a stove; in the morning, be was found senseless. By medical aid he was restored to partial consciousness, but his life was still considered to be in danger.

John Denny was convicted of setting fire to a room in a lodging-house in Kent Street, a number of persons being in the building at the time. Sentence of death was recorded.