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The Court of Common Council assembled in special meeting on Thurs- day, to manifest their allegiance to the Queen and defiance to the Pope. Mr. J. Wood moved the address to her Majesty, in a "sound" but tole- rant Protestant speech ; and was seconded by Mr. Blake. Mr. Carr, a Roman Catholic, was then heardin opposition to the address, as promo- tive of a deplorable excitement threatening to separate man from man. Mr. Carr spoke with courage, and was heard with patience. Mr. Dakin and Mr. D. W. Wire denounced the Tractarians, from the Dissenting point of view. Alderman Lawrence, Alderman Sidney, and others, supported the address ; and it was carried with the single dissent of Mr. Carr.
Mr. Masterman, M.P., Alderman Sidney, M.P., with several clergy- men and citizens from central wards in the City, waited on Sir George Grey, at the Home Office, on Wednesday, and presented petitions to the Queen from meetings and official bodies. Sir George Grey stated that he would take charge of them all. He desired to say, that "in consequence of hearing that Mr. Masterman was to accompany the deputation, he had made an exception in the present case from the general rule which he felt it necessary to observe. There were so many addresses from different parishes, that to receive them by deputations would take a great deal of time ; and no advantage could be derived from that mode of presentation. He wished that this exception should not be drawn into a precedent" Very interesting information on the difficult problem of reforming our system of legal procedure was given by a distinguished foreign lawyer to the Law Amendment Society, on Monday evening. Mr. David Dudley Field, one of the three Commissioners who prepared the amended code of the State of New York, abolishing the distinction in procedure between law and equity, being in this country for a brief visit, he was invited by leading members of the Law Amendment Society to give some account of the great changes effected. He obligingly complied, and a meeting of the Society was summoned specially to hear him. Mr. M. D. HA Q.C., pre- sided; and introduced Mr. Field, with brief explanations. It was known that there was a provision inserted in the constitutions of most of the American -States, by which it was put to the people at large at certain specified periods, whether there should or should not be a revision of their constitution. Such a question had been put to the inhabitants of the State of New York about five years ago ; when it was carried in the affirma- tive, and a convention was elected for that purpose. One of the questions so carried was, that eases of law and equity should be amalgamated—that they should be heard in the same court, before the same judge, and in the course of the same litigation. Three Commissioners were appointed to frame the detailed arrangements for carrying this change into effect, and Mr. Field was one of those gentlemen. Mr. Field first informed his hearers, that the courts of justice in the State of New York were originally modelled on the old system of England.
They had a Chancellor and a Vice-Chancellor, whose jurisdiction was mo- delled on the English Courts of Equity ; they had a Supreme Court, like the Court of Queen's Bench ; they had a Court of Appeal, consisting of the Se- nate, answering to the House of Lords; and when an appeal came from the Court of Chancery, the Judges of the Supreme Court sat with the Senate ; when, on the other hand, the appeal came from the Supreme Court, the Judges of the Court of Chancery sat in the Senate. Thus they had two sys- tems—that of Common law, and that of Equity ; and suitors were bandied about between both till their patience or their purse was exhausted. They had also different forms of procedure in actions at common law, which added to the difficulty and uncertainty of obtaining.justice. Such were the intoler- able evils of the system, that the first thing the convention did was to abolish the Court of Chancery in tote—to remove it root and branch—(Laufkter and applause)—and to create one supreme tribunal, which should administer all the laws of the land, whether in law or equity ; and that testimony should be taken, whenever the witnesses were within the State, vivo voce. This was in 1847, and three Commissioners were appointed to carry their recom- mendations into effect. The Commissioners reported from time to time ; their first report being made in February 1848, and their recommendations passed into a law on the 1st ofJuly in the same year. In the next year some additional portions of the code were prepared, which were passed into a law in the course of last session; and on the last day of last year the whole code, civil and criminal, was given in by the Commissioners, but that had not yet been passed into law. What had been made law comprised nearly all the provisions relating to civil action; by which all the previously existing rules of pleading were abolished, and one uniform course of procedure for all kinds of actions was established. They had adopted such a system of pleading as parties would naturally adopt in a case of private arbitration. The plaintiff, in his first pleading, stated in plain and ordinary but precise language what was the mauve of his complaint, and what the ground of his remedy. Then the de- fendaut put forth his answer, specifically denying those portions of the plaintiff's allegations which he meant to controvert, and admitting those which he did not, besides stating any neartgoather on which he might rely. To that new matter the plaintiff was allowed to ly, and then the proceed- ings elosed andithe causeacasneady. fortcial. 111ffis was the whole system ; and rit.was found complecely ite obviatellihe whole difficulties that might be expented to ariaein fusing the legal silt equitable proceedings. With regard to,the.practica1 satsults of the system, Ise magistatate that he had not found theatghtest difficulty in the world, =alit slidaint 'know of a single person at the bar of New York why asserted that the union of the two practices was attended with any difficulty. Of course there was great clamour at first, and many prophecies of failure ; but in practice no difficulty had been found. The code had been copied, in whole or in part, by the States of Missouri, California, and Mississippi ; and e,aventions for adopting it were abcut to be held in Kentucky, Iowa, Tenessee, and Massachusetts.
Mr. Bethell acknowledged in graceful complimentary style the value of Mr. Field's statements, but remised, with-eerrectiye affection fer Equity, to the statement received with so much applause that the Court of Chan: eery in the State of New York was " abolished."
The truth is, that so far from abolishing the system of equitable jurisdic- tion, they extended it and made it universal ; and all that has been dons in New York is what he desires to see done in England—that is, to abolish the system of special-pleading, and to abolish the narrow bigoted system which prevents one side of Westminster Hall from recognizing those common prin- ciples which have been established on the other. If the Legislature were to pass an act next session which should provide that the whole system of spe- cial-pleading should be abolished, and that the Courts of Common Law should recognize the equitable rights and interests of parties to suits, without re- gard to the manner in which the courts have hitherto proceeded—if, in one word, they said, let equitable rights predominate over legal rights—that would accomplish in England all that had been done in New York. Sketching the historic course of equitable jurisdiction, Mr. Bethell admit- ted that, though perfect in theory, it has beoome very defective in practice. The defects could be reformed ; but the principles far from being likely to be abolished, are eternal ; and that which New York has done, and which Eng- land should struggle to accomplish, was, that law should be swallowed up in equity.
The Chairman and a number of gentlemen then put questions to Mr. Field on the working of the new method at New York.
In reply, he stated that the parties in a cause are sworn to the truth of their statements according to their knowledge and belief ; with this excep- tion, that if the plaintiff dispenses with the oath of the defendant, he is not called upon to give his own. They may also be brought before the jury. One effect of this rule is that a plaintiff sometimes at once proves his case without the expense of other witnesses, and at other times he learns imme- diately that which shows him that he cannot prove his case at all. As to costs, between the lawyer and client, the old fee-table has been abolished; the law does not interfere with bargains for remuneration between the law- yer and client; and if no specific bargain is made, the court decides accord- ing to the custom of the profession—as it does on the fees of doctors, and of gentlemen in other professions. Between party and party, the scale of costs is regulated by stages of the proceeding—so much up to preparation for trial, so muoh more for the next stage, and so on. Any cause may be got ready for trial in forty days—an ordinary one in twenty days ; and, when the heavy arrears of the old system shall have been cleared off, it will be pos- sible to carry a case wholly through in a siugle year, including a first appeal before three or four judges, and a second appeal before eight ]judges.
The thanks of the meeting were very cordially voted to Mr. Field.
At Guildhall Police Office, on Saturday, Alderman Challis had an oppor- tunity of expounding his view of the law for repelling Romish aggressions, and of announcing what treatment he thought would do Cardinal Wiseman "good." A gentleman wished to know whether the late innovation by the Pope of Rome upon the rights of the Sovereign of this country rendered his emissaries, or those executing his commands, liable to any penalty ? He had in his hand an act of parliament, passed in 1845, (9th and 10th Victoria, cap. 59,) by which are repealed certain acts to enforce pains and penalties upon individuals for holding religious opinions contrary, to the forms of the Established Church : one of the clauses, however, though it took away the penalty for "bringing in and putting. in execution of bulls, writings, or instruments, and other superstitious things, from the see of Rome," enacted that the same should be considered an offence against the law. Under this act, was the conduct of Cardinal Wiseman, in carrying out the instructions of the Pope, an offence punishable by a common information before a Ma- gistrate? Alderman Challis said, that the act alluded to by the party before him certainly took away the penalties instituted by the 13th of Elizabeth, cap. 52 ; but at the same time, any one might, he thought, constitute him- sel a prosecutor, and complain of Dr. Wiseman (or any one else, acting in a similar manner, to forward the views of his Holiness) before any Justice of the Peace of the district in which the offence was committed. He had no doubt but that a little imprisonment would do the Cardinal some good, but he would not like to send him to prison. However, he anticipated there weld be no -necessity to take such a step, as it was reported that the Car- dinal had already received notice to quit. London in forty-eight hours. ( !!!)
At Westminster Police Office, on Monday, Goss, butler to Mr. H. Drum- mond, of Bryanstone -Square, was charged with disorderly conduct and at- tempting to create a disturbance at StBarnabas Church on Sunday morning. Inspector Cumming said he hastened to St. Barnabas Church on Sunday, in consequence of information which reached him that a very large mob had assembled round the church, threatening to break open the doors and commit other acts of violence. On his arrival he saw a crowd of several thousand persons around the church, principally composed of thieves and low characters, who were threatening to break open the doors. He desired his men to disperse the crowd ; and whilst they were doing so, the defendant, who had made himself particularly active, endeavoured to force his way into the church. Upon this, the crowd became more excited, and made use of the moat violent and threatening language. The defendant was then taken into custody. A number of Policemen corroborated the evidence of the In- .spector. Several witnesses were called by the accused ; tradesmen residing near the church, who were present at the disturbance, attempting to gain admission to the church. They averred that Goss was not disorderly, and merely tried to enter the church when it was known that there was stand- ing-room within. The man at the door produced a " warrant" to exclude people, which was read aloud. One witness stated, that during the alterca- tion at the door, a gentleman came out, got over the boundary-wall of the area of the church, and said he was disgusted ; the candles were lighted, and it was Popery in the most malignant form : and that led to the mob crying out " No Popery!" Up to that time nineteen-twentieths of those present were respectable persons. A boy then came up with a life-preserver swing- ing in his hand. The witness called a Policeman's attention to him, and said it was calculated to excite a breach of the peace. The knot of persons of whom Goss was one were inside the wall, not part of the mob outside. The Magistrate, Mr. Broderip, said—" I have now heard the whole'of the case, and the evidence on both sides is now before me. It is quite clear that a very large mob of persons was present, a proportion of whom were highly respectable, and a portion thieves and low characters. The question is, whe-
ther the person before me was at all active in leading the mob, or doing that only which he might have a right to do—attempting to gam admission into the church. Now it appears from the evidence, that there was room inside the church when admittance was refused. I find that all he is charged with is, putting his foot to the door to get in ; but a great many of the witnesses swear that he did not do so, and therefore I do not think it is a case for me to call on the defendant for sureties for his good behaviour, and I must dis- miss him. But the Queen's peace must be preserved, and I am determined to preserve it within this district : but those persons have much to answer for, and undertake a serious responsibility, who provoke breaches of the peace by exciting the indignation of their fellow-subjects by the ceremonies of the Romish Church at such a time as the present." These expressions produced a general burst of applause—clapping of hands, &c. ; which was taken up by the persons assembled outside the court.
In the Criminal Court of Appeal, on Wednesday, the case of the Birds came before the Judges. When the Birds were tried for the murder of their servant-girl, Mary Ann Parsons, they were acquitted ; subsequently, they were indicted for assaulting the deceased with intent to do her some grievous bodily harm. A plea of " autrefois acquit" was put in for them, and the Judge reserved the point for the decision of the Court of Appeal. Mr. Slade now appeared for the man, and Mr. Cox for the wife. The ground taken for the prisoners was, that when they were tried for murder all the assaults were brought forward as tending to the death of the girl • a general ac- quittal having been given, they could not be tried for those assaults again, as, if the attacks had been proved, they might have been found guilty of a minor offence at the first trial : the acquittal barred all future proceedings. Mr. Slade spoke at great length in support of his view, and cited numerous cases that he deemed pertinent to it. Mr. Cox followed. Soon after the Solicitor-General had begun his reply for the Crown, the Court adjourned till Friday.
The people accused of robbing the jewellers in the Strand were re- examined, at Bow Street Police Office, on Wednesday. Mr. Humphries stated that the prosecutors were now of opinion that the porter Kelly was entirely innocent, and proposed on a future occasion to call him as a wit- ness. Two persons were examined to show that the errand-boy Clinton was acquainted with Shaw and Badcock, who harboured him at very late hours, denying him to his father. Mr. Henry, the Magistrate, liberated Kelly, and remanded all the others till Saturday, for final examination.
An inquest was held on the body of Mr. Pennington on Saturday, at Knightsbridge. Witnesses described the suicide : the deceased shot him- self through the head with a pistol, in a plantation in Hyde Park, near Gore House, on the afternoon of the preceding Thursday. A Policeman found his body at the foot of a tree ; life was extinct. Mr. Wood, a surgeon, Sir Frederick Thesiger, Mr. Waddington, Under-Secretary of State for the Home Department, and Mr. Henry Parker, a solicitor, who were intimately acquainted with the deceased, gave evidence clearly showing that Mr. Pen- nington had suffered from aberration of the mind. Mr. Pennington was in his fifty-sixth year ; he was Auditor of the Civil List, and had been a bar- rister. In August last he sustained an attack of paralysis, and never per- fectly recovered, body and mind having been both prostrated. On one oc- casion, he told Mr. Wood that he had experienced suicidal feelings—a desire to throw himself from a cliff at Brighton, or to shoot himself if a pistol bad been within reach. He got rather better subsequently, and went to the Treasury ; but the sight of a mass of papers overwhelmed him, and he im- mediately resigned his office. He then became very desponding. Sir Fre- derick Thesiger saw him on Saturday sennight, and felt sure his mind was not in a sound state. This was the impression of the other gentlemen who were examined. Before his illness, Mr. Pennington " was of a particularly calm and well-disciplined mind, said Sir Frederick Thesiger, "and was the last man who would commit suicide." The Jury at once gave this verdict- " That the deceased had died by his own hand, while in a state of unsound mind."
Mr. Thomas Bedwell, a tooth-brush-manufacturer at Haggeraton, having died while under treatment by "Dr. Coffin's medicines,' a Coroner's Jury sat on the body. They gave this verdict—"That the deceaseddied a natural death ; but that his death may have been accelerated by certain herbs im- properly administered to him, which, in the opinion of many medical gen- tlemen, were opposed to the cure of the disease under which he was labour- ing ; and they condemn the reckless and inconsiderate use of such materials without a regular and proper attendance on the deceased."
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