Kidd, if he thought that Smith had given a tain of the debt that was due to him. If there bond for the benefit of all, to have mentioned it, and he should have said, why this list of the outstanding debts is imperfect. There is no mention of Mr. Smith's bond; I demand to see it. I cannot conceive why he stops til after the first bill was filed, nor does it occur to me naturally why he should have withheld had been a trust created, it appears to me that naturally it would have appeared in writing; and if there were no trust he has only stated the truth in saying that he held it on his own account. Now, with regard to the document itself, it might have stated the parties who were beneficially interested, but it is that sort of demand, unless he knew it would proved it was given to Mr. Mellersh indivithen have been met with some satisfactory dually. But, on the other hand, with regard explanation. It strikes me so; but that is to the second point, namely, the proof that the for you to consider. Then, gentlemen, the payment was made to him individually, almatters go on till the year 1832; and Mr. though the clerk of Mr. Mellersh, Mr. LimKidd, without being reduced to the necessity bert, cannot be supposed to be an interested of taking any hostile proceeding in the year witness, but, on the contrary, you may fairly 1832, files a bill in Chancery, and Mr. Mel- suppose that a clerk who has lived for twenty lersh is called upon to state all the particulars which he had covenanted to do by the deed of dissolution, and it gives a statement of all the debts due to the partnership. Now in the first bill there is not a word said about this bond, although it professes to mention all the debts due to the partnership. The first bill was filed in October, 1832. Well then, Mr. years in the office of an attorney of such high character as this gentleman, Mr. Mellersh, has borne, is a character of itself. He distinctly swears that he was the person who was in communication with Mr. Smith, and that he actually desired him to pay the money, with expressions of the most friendly acknowledgments to Mr. Mellersh himself individual Mellersh puts in his answer on the 6. February, ly, treating it as a debt of honour, and he ex 1833, and in that answer of course nothing can be said about the bond because there is no charge made in the bill with respect to it; but the bill is amended on the 18. of June, 1833, and the amendment is neither more nor less than the introduction of a statement that Smith had given Mr. Mellersh that bond for the benefit of the partnership, and they say that this was recently discovered, but they do not state in what respect or how it was discovered, and none of the witnesses gave any account of the circumstance. The bond could not have come upon them by surprise in the year 1833, which now in the year 1834 they seek to prove by no other documents than those which they possessed in 1827 and 1828. I cannot discover any alteration in the state of things except that Smith had died. He had died in the beginning of that year, there was therefore nothing prima facie to show why they character that has been given of him, and should now mention the bond, unless it was pressed' the greatest satisfaction at being able to do so; so that, with regard to that fact, the fact of payment by Mr. Smith to Mr. Mellersh individually, you have distinct proof that Mr. Smith paid it with that view. With regard to the fact of whom he intended to benefit when he gave the bond, you have the evidence of the boud itself, from which it would appear that he gave it for Mr. Mellersh exclusively; and yet it is contended that you are to collect from these documents that there is something so clear to demonstrate it was for the benefit of the partners, that Mr. Mellersh must necessarily have been forswearing himself, when he gave, in his answer, the account which he gave respecting this bond. Now, gentlemen, that is the case which has been encountered by no evidence on the part of the defendant, but you have heard the high and honourable you are to say whether you are satisfied that: now there was not the opportunity of resorting Mr. Mellersh did this wilfully and corruptly, to Smith. I can discover no other motive; with a knowledge of the fact that the bond the amended answer is put in on the 16. of was intended for his partners, and for the August, and in that answer it is that the per- purpose of defrauding his former partners. jury is supposed to have been committed I have endeavoured to go through the leadby the fact that the defendant swore ing facts of the case. I have put the question that the boud was executed by Smith to him generally before you, but if you desire it I am individually, and paid to him individually, and not for the penefit of all three partners. Now, gentlemen, 1 have observed upon the probability of the matter, and I have made such remarks as have occurred to me, and to refresh your recollection, I am at your sersupposing that Mr. Mellersh held this bond vice to return to that part of it. I believe, as really with a secret trust in his own mind that far as I recollect, I have stated the whole of it should be for the benefit of the partnership, the leading facts of the case, so as to describe in the first instance, and with a wish to con- the few points in the way which they appear sider them all equally interested, perhaps it to present themselves most clearly, and you may occur to you that the great coldness and are to say whether, upon that statement, you the great hostility which afterwards took are satisfied that Mr. Mellersh has not only place between them, might lead him to repent stated what is untrue, hut has done it wilfully of his intended liberality, and avail himself, and corruptly, and with the fraudulent intent in consequence of all that he could justly ob- imputed to him by this indictment. If you think entirely at your service to go through the whole of the evidence; or if there is any part of the evidence that has made an impression upon your minds, upon which you would wish + 2 that that is made out, then certainly Mr. Mel- Fresh ship marks of Fl lersh is guilty; if otherwise, or if you enter- last week's currency. tain a donbt, you will, of course, give the pri- Wheat, Essex, Kent, and soner that acquittal which every man is entitled to when a case of this nature rests upon doubt. The jury returned a verdict of Not Guilty. On the announcement of the verdict it was received with acclamations by a crowded auditory, the expresison of which was with difficulty suppressed by the officers of the Norfolk, Lincoln Scotch, common Berwick.. Irish, Galway, &c. .... PROVISIO 4 Cheese, Dble. Gloucester 5 Hams, Westmoreland.. 5 SMITHFIELD Calves was good; its su animated and prices dull. Some fine qualitiesfold body in bond have obtained 38s. and even 40s. is Printed by William Cobbett, demanded...ommothaishiydia duo published by him, at 11, Bo COBBETT'S WEEKLY POLITICAL REGISTER. VOL. 85. No. 2 35.-No. 2.] LONDON, SATURDAY, JULY 12TH, 1834. "As the end approacheth there will be "everlasting choppings and changes in the "Ministry." END OF THE WHIGS. Normandy, 10. July, 1834. [Price 1s. 2d. be granted to be given to mortgagees of West India estates. In short, they wanted a reform for precisely those things which the reformed Parliament has refused to do. This is, however, a horrible breaking up for the bands of liberals, who are cramming their pockets by the means of commissionerships. What is to become of WOOD, emphatically called John? And there is pis-aller PARKES. What is to become of the swarms of poor-law commissioners and church commissioners ? What is to become of TuFNELL and JOHNSTON? If they had carried their scheme into execution so far as to have built one workhouse, they might all have been shut up in it, and been clothed THE news that has reached me today, has not at all surprised me. I always said, that if Lord ALTHORP were to quit his place, Lord GREY could not remain in his an hour. He was the soul of at the public expense, in workhouse the concern, and he has appeared to me dresses. I do believe, that if this Mito have been weary of the concern for a nistry had remained in power quietly long time. The excuse for the breaking another two years, they would not have up of this Ministry is a mere excuse. It is left us one single rag of English law to no one thing that has broken them up: protect us. They seemed resolved to it is the mass of difficulties; that mass, root out every law and every custom to however, greatly added to by the mix- which the people are most attached. ture of laudanum and brandy, with a They lent a willing ear to every produe spice of natural insanity, and a two-jector whose object was to destroy any fold surplus of jaw. No Ministry on part of the old government of the counearth would bear up against this: it is try. We wanted none of their projects: the true receipt for destroying a Mi- we wanted our burdens to be lightened, nistry and destroying a state. The and they took care not to do that. Howpeople wanted a parliamentary reform, ever, though it was excessively foolish in order that it might ease them of their in Lord GREY to have anything to do intolerable burdens. They prayed for a with BROUGHAM; though, as I told Lord reform on that ground, and on that GREY, when he formed his Ministry, ground only. They did not want it for that that step was sure to be fatal to measures to pull down the church; for him; though his difficulties have been anything about corporations; and, above greatly added to by the projects of this all things, they did not want it, in order man; still I acknowledge, that it was that the poor, that is to say, the work- impossible to go on with the present ing people, might be stripped of their system: I mean system of taxation and right to relief, and suffered to starve. expenditure. No man can overcome They never contemplated an overturn this difficulty: that system must be ing of any institution whatsoever; and changed: in one word, my opinion is, above all things they did not contem- that there must be a reduction of the plate the creating of bands of commis- interest of the debt, of the army, navy, sioners to add to their burdens, and to and dead-weight expenditure; or that make lying reports to calumniate their this form of government will be decharacter. They did not ask for reform stroyed by a convulsive revolution. The that twenty millions of money might nation is cured of all the nonsense about [Printed by W. Cobbett, Johnson's-court.] C Whig and Tory. Whoever are Minis-↑ Upon the motion of Lord ALTHORP, ters, if they ease the burdens of the that this bill be now read a third time, people, they will stand: if they do not, which motion was made on Tuesday, they will come down. Sir JAMES GRA- the 1. of July, Mr. HODGES (one of the HAM and Mr. STANLEY resigned not upon Members for West Kent) moved, that that particular ground that was alleged; the bill should be read that day six but because they saw the difficulties too months; that is to say, to throw the great to get along with. They saw no bill out; his reasons for which motion chance of giving satisfaction to the peo-he urged in a speech of considerable ple. They found themselves involved length, abounding with observations in so many projects: they found them- the most pertinent; he anticipated all selves deluged by such a torrent of the fatal consequences to be expected quackery, flowing everlastingly from from such a measure; he insisted on that exhaustless Scotch brain, that they the injustice of it; and, while he exwere glad to wade out, and get to some- pressed his deep regret at being comthing like land on any terms. If there pelled to differ from Lord ALTHORP, he come a Ministry ready and willing to told him that it was his bounden duty set seriously to work to lighten the bur- to protest against this measure. Sir H. dens of the people, and to encourage WILLOUGHBY, in a speech of considerthem to hope for better days, they will able length, containing a commentary be supported, let them be called what on many of the provisions of the bill, they may. What may happen, no man and descanting on those provisions with can tell; worse than that which was great force and great ability, seconded taking place, cannot well come. The the motion of Mr. HODGES. bills before the House of Commons, Mr. BENETT (one of the Members and one just passed by it, must, if passed for South Wiltshire) spoke on the same by the Lords, have produced most dread- side; and made a speech, which ought ful consequences. From these conse- to have been heard, if possible, by every quences we shall probably escape. At man in this whole kingdom. You will any rate, I am glad of a change; be- please to perceive, that one of the great cause it takes power out of the hands of means of delusion has been this; nameBROUGHAM; and because it must break ly, that the people in the north are less up his bands of all-devouring commis- generally chargeable upon the parish, sioners; and must put a stop to the than the people in the south; and that scandalous job of emigration. TO THE PEOPLE OF OLDHAM. POOR-LAW BILL. MY FRIENDS, Normandy, 7. July, 1834. this goes regularly on, their being less and less chargeable from PEVENSEY in SUSSEX to the county of SUTHERLAND in Scotland. This fact is undeniable; and, therefore, it is concluded, that the poor-laws are worse administered in the south, where a man with several children, though in full work, has something out of the poor-rates to make up for the deficiency in his wages. "Oh, oh!" say the philosophers, "the poor "people in the south are worse off, than "the poor people in the north; they prevent the passing of a bill which, if " from having relief in the present way, passed by the Lords, and attempted to "and thereby we will elevate them to be carried into effect, will, in my "the high moral state of the people of opinion, be productive of consequences "Scotland. They are ground down, of the most fatal description, as well poor creatures, by the farmers: we with regard to the people themselves, " will elevate them by putting a workas with regard to their rulers. "house dress upon them; and by THIS bill has now passed the House of Commons; and I deem it to be my bounden duty to lay before you the history of that passing; and also as correct an account as I am able to give you of the last effort which I made to are degraded: we will prevent them 66 "taking, even from the magistrates, tempt to defend the emigration-clause "the power of giving relief." Mr. on the part of Mr. WHITMORE, made no BENETT, a very great landowner him- impression upon anybody. Mr. SLANEY self, and a magistrate also, of thirty or (member for SHREWSBURY) insisted forty years' standing, well knowing that upon a surplus of labour in the country; the people in the south were better off and with regard to the superior managethan the people in the north, took the ment of the north, compared with the pains to produce the proof to the House. south, he cited as proof those riots of He took the accounts laid before the the south, which were not imitated in House by the Ministers themselves. the north, in 1830. This induced me He took his standard of the yearly pay to rise; and it is my duty to lay before to a man with a wife and three chil- you an account of what I said in this dren, employed in agriculture. He my last most solemn protest against this confined himself to England, including bill. I shall not attempt to give you one or two counties of Wales: and he found the yearly pay of such man to be as follows: In fourteen southern counties, fortyeight pounds a year. In fourteen midland counties, forty-one pounds a year. In fourteen northern counties, thirtysix pounds a year. the report of my speech, about which, as a speech, I care not a straw; but I will state to you, as nearly as I can, the substance of the arguments and facts which I made use of. To give you more than the substance would be impossible, as it took me much about an hour to inake the statement, which, I must do the House the justice to say, it heard with exemplary patience. I began by observing, that I should not enter into any of the details of the measure; but merely confine myself to what I believed to be its real ultimate object, and to the showing that that ob Mr. BENETT, to whom the whole nation is indebted for this statement, said, that he had in every instance given the turn of the scale to the northern counties; he referred to the returns on which he built his statements; and he challenged the Minister, or any body else, to ject was unjust, unconstitutional, and question the accuracy of his statement. that it contemplated an end which, if He had his statement upon paper, and attempted to be enforced, must prove he handed it to Mr. WHITMORE and the subversion of the Government itother members who held opinions diffe- self. I will now proceed to state the rent from himself. He received no substance of this speech in the form of answer, and he could receive no answer. propositions, which, though very dry The jet of his argument was this: You work, is very plain work; and affords do not consider the difference in the the best possible chance of having one's circumstances between the south and meaning clearly understood. This is the north, the difference in the habits of the most important subject that ever the people. Thirty-six pounds may do was agitated in this country in my time. in the north, where the people will live This bill is beyond all measure of more contentedly on a cheaper sort of food; importance than the Reform Bill was; but that will not do in the south. Mr. its provisions come home to the very BENETT received no answer. A slight means of existence of every working observation from Lord ALTHORP, that man in the kingdom. Already we hear he did not know where Mr. BENETT the angry voices of the labourers in the discovered that men in the midland fields and along the lanes. Already counties received forty-one pounds a their menaces are heard; a dreadful conyear, seeing that they paid but nine vulsion I verily believe is at hand, unless shillings a-week in Northamptonshire the Lords shall take time to reflect on was, in fact, no answer at all. The defence of the measure was on this occasion the feeblest that ever was heard in the world. A very feeble at this bill; and if they take time, I am sure that their wisdom and their sense of justice will avert this dreadful calamity from the country. I now proceed C2 |