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A WEEKLY JOURNAL OF POLITICS, LITERATURE AND NEWS.

PE MOE EET

EDWARD WIELAN]

Chis is true Liberty, when Feee-born Men, having to advise the Public, man speak free.——euRiries.

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JUDGE REMSEN’S FIRST CLIENT.

(Concluded from Examiner of Wednesday last.)

In answer to my question, he stated what Helen’s behavior was when the articles werefound in her trunk, and describe the breastpin and money. The latter consisted of four half eagles, one of which had a hole in it, that had been made by

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| She met Helen the day before the trunk was searched, coming read an account of the murder of @ child by its aunt, Eunice ‘out of her mistress’ room, and she looked so guilty, she then | Gregory, assisted by her lover, one Bob Harman, for the purpose ‘suspected she had been doing something wrong.

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Mr. Murch, the jeweller, so Mrs. Wesley could string it on |

acibbon, for a birthday present for the minister's little boy; |

and that was one way Mrs. Wesley knew the money was hers.

He also gave me a letter signed “ Eunice Gregory,” that he |

had found in the yard that day, and which he maintained was in Mrs. Wesley hand-writing. “That made him suspect her name wasn't Neswith before she was married to Wesley ; and he had thought she might have been some relation to old Mr. Gregory who died, and there must have been something bad to make her change her name.”

Thuis imformation made a deep impression on my mind, taken in connection with what Helen had told me; besides the name Exnice Gregory seewed floating in my memory as though I had seen it connected with some event whieh had faded from recollection, and was dimly recalled.

I dismissed Hannegan, and paid a visit to Mr. Murch, the jeweller. I told him confidentially who 1 was,.and for what purpose I had called. He distinctly remembered the half- eagle business~—im fact, it was'set down on his record where- on every trdnsaction of his shop was written out*punctiliously. At my request he turned to his book to see on what day the hole was made in the haif-eagle. It was Wednesday, the 17th day of March—the very day fleten’s trunk was searched. I asked at what hour the coin was delivered to Mrs. Wesley. He replied that she called for it about eleven o'clock in the forenoon, and that Miss Montressor’s trunk was searched about one o'clock in the afternoon of the same day.

“ That looks rather strange,” replied I; “ would you have any objections to attend the trial to-morrow, with your books, and testify in this case ?”

** None at all,” he replied; “ I had intended from the first to be present at the trial.”

I bade the jeweller good day, and turned to depart. At that moment Wesley entered the shop and was accosted by the jeweller, who gave me a wink to indicate who he was. As we had never before met, I had no fear of his recognising me, and so I regarded him at my leasure. He was an evil looking man. Over his left eye was a queer-shaped scar, which ran crookedly across his forehead. ‘The instant I saw the scar, 1 felt as though the whole thing was clear to me now.—-The sear, the description of which [ so well remembered, brought the whole story freshly to my mind. I remembered now the name of Eunice Gregory, the child murdoress—and there stood her accomplice under an assumed name. Giving the jeweller a warning glauce, I hastened to my carriage and drove furiously home.

After taking some refreshments, I shut myself in my room, and determined to pass the entire night, if uecessary, in pre- paration for the coming contest. I not only wished to clear my client of the charge made against her, but also expose the Wesleys and oblige them to make restitution to the wronged and pillaged orphan ; for I felt am assured conviction that all the property they had in the world rightfully belonged to Helen Montressor.

I ransacked my memory to find something tangible con- cerning the past career of Eunice Gregory and her accomplice, but I could find nothing. I had read the story many years before in a newspaper, the name of which I could not now remember. I could not prove that the Wesleys were the same parties ; and should [ mention my suspicions in court, the district attorney would scout them as ridiculous and malicious inventions of my own, and the Judge would charge the jury to pay no heed to them. I must sap the character of the Wesleys in my cross-examination of their witnesses, and thus try to effect a branch sufficient to justify a direct assault, on a charge of conspiracy against Helen, and crush James Wesley on the witness stand. And I wove my meshes for the unexpecting victim, until the morning sunrays stream- ed through my windows.

The court opened, a jury empannelled, the case called, Helen Montressor placed in the prisoner's box, and the district at- torney’s telling, merciless opening the case completed, in what seemed to be but a few minutes of time. Helen seemed te look more innocent than ever, and I resolved that full justice should be done her, if my resources could compass such a result. It is in such an hour that the lawyer feels the honor and dignity of his position ; and it is then that he also feels its responsibility.

The first witness was Charlotte Boyce, the servant girl. She had been called by her mistress to go up and see Helen's trunk searched; she went up and saw the breast-pin and money found in it—tucked away in one corner. By my cross examination I elicted from the witness the fact that Helen had just come home from an-errand (on which she had been sent over an hour) when her trunk was searched and had on her bonnet and shawl; that “she looked quite innocent and unconcerned until the things were found, and that she seemed astonished.” On dismissing the witness, I gazed at the jury to see if what [ had done made any impression upon them, but they sat with stern faces, as though resolved that nothing thould make them clear the culprit. I called Miss Boyce back, saying that I had forgotten a very important point. This excited some attention, and when I asked ber if Mrs. Wesley was in the habit of ill-treating the prisoner, every- body pricked up their ears. The girl hesitated and stam- mered, and finally said she was, “And why do you think so ?” I asked.

“ Because Mrs. Wesley beat. her once with a large club, and threatened to kill her, and was always scolding her,” she replied. “ But don’t ask me any more questions,” - suddenly exclaimed, ‘ or I shall lose my place !”

I glanced at Mrs. Wesley, and saw that she was regarding her servant with a Jook of intense maligaity, and for the purpose of annoying her as much as possible, [ appealed to the Court to protect the witness against the threatening looks

her mistress, who was evidently bent on intimidating her. This brought all eyes to a focus on Mrs. Wesley's ugly coun- tenance, and she turned fairly white with indignation. The Judge told the witness to speak without fear, and if she lost her present place by telling the truth, she would undoubtedly find plenty of better ones,

district attorney permitted her to pass without questioning.

The next witness was Miss Sarah Brown, the seamstress— a rat eyed, hatchet faced, dapper little creature. She was at work for Mrs, Wesley at the time the theft was discovered.

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The same day Mrs. Wesley spoke to her about the things’ being gone, and she'told Mrs. Wesley her suspicions. ‘Thereupon she

| thought it would be a good plan to search Helen’s trunk ; she | proposed to do it at once, but Mrs. Wesley preferred to wait

until the nextafternoon, When the trunk was searched, the

| things were found in it, just as she expected they wouid be.”

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When the witness was passed over to me, I asked ina careless tone, how she knew the money was in Mrs, Wesley’s room, the day she had met Helen coming thenee, “ She knew it because Mrs. Wesley had told her it was there. Couldn’t be mistaken, for Mrs. W. had ‘spoken about the half-eagle with a hole in it, which she was going to present to the minister's little boy. ‘This I made her say over and over again, until there could be no mistake about it, and then asked if she knew who made the hole in the half-eagle.

‘Yes ; Mr. Murch, the jeweller, made it.”

“ Is he in the room ?” I asked.

“Yes there he is,” said she pointing to Mr. Murch, who was sitting near.

[ told Miss Brown she could go; and as I supposed he

would do, the District Attorney requested that Mr. Murch

should be sworn. The oath haying beea administered, the Attorney handed Mr, Murch the identical hali-eagle, and asked if he recognized it. He said he did, that the Magis- trate who committed the prisoner had made a mark upon it so it could be easily identified.

“That's all; the witness is yours, Mr. Remsen,” said the District Attorney.

“ Do you remember, Mr, Murch, on what day of the month you made the hole in the half-eagle you are holding in your hand ?” I asked.

“ It was on the 17th day of March,” said he.

“ Why, that was the very day the prisoner’s trunk was searched, was it not ?” said I, turning to the District Attorney.

“ That is the day mentioned in the indictment,” he replied.

Turving again to the witness, I said, “ Mr. Murch, please to recollect with precision ; you heard the wituess who pre- ceded you, swear that Mrs. Wesley told her that the identical half-eagle, with the hole then made in it, was in her husband's trunk on or before the 16th day of last March.”

“ Yes,” said Murch, “ { heard her swear to that, and was astonished, for Mrs. Wesley brought me the coin on the afier- noon of the 16th, and told me I must have it fixed by noon of the next day; at eleven o'clock on the 17th she came for it, and atone o’clock that afternoon it was found in Miss Moutressor’s trunk, with other things.”

The District Attorney turned sharp around and gave the Wesleys a piercing look. Mrs. W. sat immovable; but

Wesley turned pate and fairly cowered beneath the gaze of

the Attorney, who, I saw, was now convinced of the true facts of the case; and the Judge and Jury seemed to be of the same mind. I felt certain, then, of a verdict in my client's favor, but how was I to erush the Wesleys and win back her estate? [ decided on my course.

Hannegan was the next witness, and I showed by him that Mrs. Wesley had persecuted the prisoner in the most out- rageous manner—beating her, threatening to kill her, and to ruin her reputation, and ill-treating her shamefully. His testimony excited so mach indignation against the villainous couple, that I longed for the moment to arrive when James Wesley should take the stand. When Hannegan retired, Mrs. Wesley whispered to her husband, and he whispered to the Attorney. The latter seemed surprised at first, but made a gesture of assent, and announced that the prosecution would there rest the case.

Everybody was surprised that the Wesleys were not called upon to testify, and [ was quite stunned. My plans were all disarranged. I divined at once that Mrs. Wesley had suggested this extraordinary course to shield her husband and herself from cross-examination. self-preservation told her what was coming? I immediately decided upon my course, and arose to open my cose for the defenee. I begun by stating that I had incontestible evidence

that a conspiracy had been entered into to blast the character

of my client, to enable the parties in the conspiracy to perfect certain secret plans, which, when I proceeded to expose them, would fill the community with horror. I saw that everybody was prepared to believe almost anything, and I determined to waste no time in words. ley might be sworn, and desired the Judge to have Hunice

Wesley removed from the room while her husband was being examined. She was taken out by the Sheriff, and I turned

to question James Wesley.

“James Wesley,’ said I sternly, ‘‘ how came that scar on your forehead ?”’

As the villain turned ghastly pale, staggered, and clutched at the railing of the witness box for support, 1 felt sure of my

man, and said, ‘* Answer me, Bob Harman; how came that

scar on your forehead ?”’ At the mention of the name “ Bob Harman,” the wretch fel)

back upon the seat and groaned, ‘‘ Oh don*t—don’t bring that

agin me.’’ ‘* [ shall bring é/ia¢ up and more too, unless you answer me

truly about this pretended thefi. Now, tell me—did not Eunice

Gregory put those things in Miss Montressor’s trunk ?”’

“Oh, my God! how did you know about Eunice Gregory ? Don’t bring that up now. It’s gone by years ago,’’ groaned the wretched man.

“« Answer me, then; did not your wife put those things in Miss Montressor’s trunk ?”

** Yes—she did,—lJet the girl go, and don’t ask me any more questions.””

The excitement had now become overwhelming, and the witness was beginning to fear for his bodily safety—a fact which I determined to use as an additional screw. “1 shal) ask for but little more information,” I replied, “as I do not wish to expose you to the rage of this audience, if you will answer me promptly. Whereis the will that old Mr. Gregory executed in which he made his grandchild, Helen Montressor, his heir, and which he gave her to give to his lawyer when he returned—the will your wife stole from the child as she lay sleeping.”’’

“Ob Lerd !it’s come-at last! just as I told her it would.”’

*« Where is the will? I tiundered.

“It is burnt?” he exclaimed—‘“ but Helen is his only surviving relation, and the will by which my wife got the property is a forged one.”

Having achieved everything I wished, and not caring to, prolong the painful scene, I asked the District Attorney if it |

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, rack of the Wesleye.

would not be best to dismiss the case.

indignation of the assenibly.

The excitement was so great, the Court was not adjourned | (till three o'clock, p. m., and I was obliged to state for the ; off those trammels on trade.

gratification of the crowd, how L had managed to get on the | ; i told Uiat many years before | had | opipion inimical to the way 1m which it las trausacted its busmess. | continued.

Had the instinet of

So I requested that James Wes-

| more than 6 per cent., rather than have been obstructed in my

He cheerfully assented | ae to the proposition, and Miss Montressor, who, in her flush of may be borrowed to advantage when there are no resirictions 4 Agitation and thankfulness, looked more lovely than ever, was by Usury laws, | . : : Being satisfied with the impres- released from the custody of Mr. Mace and placed in charge of against usury, Now, what was the intention of the House in sion already made, I told the witness she might go, and the h!s wife, while Wesley eud his wife slunk away from the passing the repealing act? We are eating our own words the

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of possessing her niece’s estate. In that account it was stated that Harman, at the time of the murder, had fallen down an area and gashed his forhead terribly, which afterwards healed over and left a peculiar scar, which was described. The hints I received from Ilelen’s story, and the old bit of letter signed Eunice Gregory, had set my memory at work, and when f met Wesley and observed the peculiar scar on his forehead, the whole (hing flashed upon me, and I then determined to make a bold push to expose them, and not only defend Helen against the charge of larceny, but wrench from her unnatural aunt the patrimony that had been withheld from her. ‘* And gentlemen,” said 1, ** you have seen the result.’ .

My exp!anation was received with much applause, and a movement was set on foot to have the Wesleys indicted for perjury ; but it was never carried out, as they disappeared from that part of the country, and we all thought it best not to bring them back for any purpose whatever.

In conclusion, | may as well state, that Helen secured the property and that | secured Helen; and if you will go home with me, you shall have an introduction to her and the children. The first case did the business for me all round, as by itl secured a great reputation, plenty of practice, a handsome wife and a large fortune.

Colonial Legislature.

JIOUSE OF ASSEMBLY. Wepvesvay, March 18, AFTERNOON SITTING. USURY LAWS REPEAL BILL. ( Concluded.)

Mr. COOPER.—There would have been no Bank in operation here, if there had not been a Bill of this sort introduced, Now, when a Bank isin operation, then the next thing is, withdraw encouragement from it, and let it go down, which would be unfair, With regard to the Banks in England issuing pound for pound, L have understeod that the issue was in proportion to the quantity of gold and silver in the vaults of the Bank ; that is, if their specie was taken out, they had to withdraw their paper at the rate of two pounds for one of specie that was paid out. In our Island Bank there is not paper in proportion to the quantity of gold and silver in its vaults.

Mr. DOUSK.—I cannct see why there should not be an act of this kind here. It has been well known to all com- mercial men, that great advantages must naturally result to persons engaged in business transactions from the aid te enterprise which is affurded by the banking system. I was proud, sir, that we established a Bank, and that means can now be so readily obtained to assist those whose energy and honesty demanded it. It is all very fine for individuals to rail about discount; but to illustrate, “Iam for free trade and sailors’ rights,” and content that every man should, in fairness, be left free to make the most of his money ahd his property. With respect to some allusions in reference to usury and the old system of joans before the Bank was established, if a person wanted to borrow forty or fifty pounds —call it sixty or perhaps more, and a bond was given to secure that amount. These days are happily passing away ; and what is the difference? Why, just call on the Bank with a safe signature, and it is responded to, I thiyk at 7} per cent. for 90 days, or 6 per cent. for 60 days, just the same rate of discount you would pay a short time since at the Bank of England. Then why complain? If our Bank affairs are coercive, they will soon meet correction, and another be established. I am for giving an impetus to all honest industry, whether in money, land, labour, or merchan- dise, or in anything else. J think no attempts should be made to cripple the fair trader. At the time the Baak was contemplated, 1 felt sanguine of its success. 1 was happy to learn it is prosperous, and that it requires no back-stair influence, either to prop it up, or cause its downfall. It is a safe investment-——it is in safe hands: and [ believe its directors to be men of integrity, and equally anxious as the public that trade may increase to require a large bank extension in this Colony, at as fair a rate of discotint as elsewhere, which would have the effect of suppressing usury.

Hon, Mr. PALMER,—I stand perhaps.as disinterested in this matter, Mr. Chairman, as any individual in this House. I am i0 no manner concerned inthe Bank of Prince Edward Island; and as regardg that institution, I can give a very impartial opinion. Now, sir, with respect to the repeal of the Usury laws, | think it has been attended with advantage to the trade and commerce of other countries, aud would be in some measure to their advantage here. There was a great difference of opinion for many years in Great Britain among statesmen as to the policy or utility of Usury Jaws ; but as time wore on and people became more enlightened and liberal in their opinions and sentiments, it resulted at last in the total repeal of those laws. Now, sir, i think it was wise that they should be repealed—I thik that greater facilities have been given to trade and business of ail kinds, and I de not see that those advantages apply one bit Jess to a new country than to an old one. We think they are of most advantage to a new country. If w. look to the United States of America, we see there that the rates of interest have been allowed by Jaw in almost,all the States, so far as I recollect, to run very bigh, greatly above the old in Great Britain, and they have found the advantage of, it. No people know the value of the dollar better than they do, and what they can make of it ; and they have seen the fallacy of making laws to prévent monied people from Jending money at Whatever rate of interest they pleased to ask for it. But laying aside the consideration of the Bank, and looking at the law in general, I think it would be very bad policy for us not lo allow people to trade as freely as they please. My own professiv'ial experience has taught me that it would be for the advantage of people in trade to continue the aci; for I have seen people in trade coming to me and asking my professional services to enable them to borrow money ,and they would willing- iy have given 10 per cent,and the best of security too. I am no money lender, but | have borrowed money at interest, and have found very great benefit from it; and would have given

speculations. J can imagine persons careful in their habits and honest in their purposes wishing to engage in speculations. For instance a young man of enterprise may see a vessel} driven ashore and sojd as a wreck, and who perhaps could get it off successfully if he had a few hundred pounds to expend on it. He goes to a person and asks him to lend him a few hundred pounds ; and would it not pay that man fo give as high as 10 or 20, or 30 per cent. for money which would perhaps enable him to make 100 perhaps 200 per cent? Various other things might be mentioned to show how money

I think it was very well to repeal the law

course we are now taking by opposing it; and I think if we consult the interest of the public generally, we ought to take With respect to the Bank, | am

not disposed so frequently as some persons to express an

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LOTTETOWN, PRINCE EDWARD ISLAND, MONDAY, APRIL 20, 1857. No. 42.

RN RE I eR 2 ene me come

A number of gentleman having obtained an Act of incorporation, established a Dank; if the Legislature can see that it os working to the injury of the public, | shall not oppose hon. members wishing to control its regulations so as to check it ae faras wecan. As far, however, as the Bank in Charlottetown has worked I do not think the time has arrived to check its transactions. We all know bow anxious the people of the [sland were some years ago to get up a Bank in this Colony. At last, gentlemen of sufficient spirit were found to enter into the speculations, and when with the aid of an Act of incorpu- ration, it has gone into operation, I think we are too hasty in passing a0 Opinion respectuwg that the rate of discount charged by itis too high, Now, it has been very well stated by some hon, members tiat if they charge too high, it is always open to every person to get money from other people, or te get up an opposition Bank ; and looking at the charges, 1 think we are perhaps rather too hasty im complaining of the rate of discount at present. As to the rate of discount in England, it is only the last mail that I received a letter from a gentlemen who has a large business there, giving we instractions about his accounts in this Island, and he says, remember | am at tins moment paving 9 per cent., interestin Kagland, and that letter was dated a very few weeks ago. ‘That being the case, and when we look at the interest paid in other places, I think, it would be rather premature in continuing the Usury laws, and thereby tranuyelling trade. The Bill could be continued for » few years as at present, till an opportunity be affurded of testing it. I hope the Legislature will see the policy of taking inio view the interest of all parties, guarding as they do their interests, and inflict no injury on the very parties they wish te protect, I say what I did before, that as regards the Bank | am perfectly disinterested and in fact, so far as 1 was concerned, J was a loser by it, for | had business to trausaet for other purtice whose interest clashed with it. [ hope and trust that this discussion will be of advantage to the country,and will perhaps be the means of inducing the Bank to keep their rates of interest within bounds, when they know that the Legislature intend to watch their movements,

Hoa, Mr. LORD,.—I do not rise to make any lengthy remarks on this question, which perhaps is worthy of more extensive information than I possess in reference to banking travsactions, [t is, however, my opinion that we would pot benefit the money borrower by falling back on the old Usury Bill. 1 will therefore suppor} the Bill before the House, wdependent of any imerest which I may bave in the Bank, which | waive for the benefit of the money borrower, We know what mouvey lenders di] under the old act.. Money, like every thing else, has its value in the market, and let the laws be ever so stringent, money leuders can easily evade the lyw and receive even 29 per cent. What is the case in England? There the rate of interest rises as the want of money increases. Hon. Mr. Palmer staies, that his friend at Liverpool had to pay 9 per cent. I myscif paid in January last 7 per cent. for Retina six monilis paper, which was a high rate 5 but even at that I considered tt an accommodation, as otherwise perhaps some property aight have been forced into the market and sacrificed.. Hon. members who are pot engaged in commercial transactions do not take a proper view of the quesyons regards the value of money ; but those of us who are in trade, know the value of it, and if we cannot be accommodated by a bank, we must go to a private individuel for it, and if be is not @ particular friend, the probability is you will get pretty closely shaved. The hon. member tor Pemcetawn, Hon. Ty H. Haviland, has taken the wind out of my sails by his explanation respecting the Bank in not discounting paper over three months, as a clause in the Bank charter prevents them; but | think this Lhouse will allew them to extend that time. Asta their suspending payment, | do not apprehend anything of that kind Loam satisfied that the Bank since its establishment has been, sud in future will be, of immense bénefit to the agricultural and cow- mercial communities of this Colony. bt is said that in three or four years another Bank wiil be established, and | hope to sce that the case, as competition has a good effect. Let us fora moment refer to England. Throughout its country towns, you see farmers’ banks estab! ished, where each respectable farmer hasan account open, and can be accommodated on his own responsibiliiy, the directors of the banks not being so penurious as to demand further security; and | trust the day is not far distant when a man of property in Priewe Edward Island will be accommodated more readily than at present,—when the directors of the Bank can walk into the Prothonotary’s office, and see what amount of real esiate or other property unenenm- bered he may be possessed. of, and allew him accommodatwn, without having to vo reund begging aworg his frends for the loan of a pound. | presumethe greatest number of the directors of the Bauk are very like myseif, afraid of risking their money — perhaps too much shipbuilding going on or other over speculations, and thus hesitate to lend their money without great caution as to the security they receive. In conclusion, I hope the country at large will be benefitted by the Berk, and that the time to which itis. restucted in lending meney wall be extended. Wath these few observations, | shall feel much pleasure in supporting the Bill now before the House.

Hon. Mr. LONGWORTH.—tH certainly think it would be a retrograde movement to go back tothe old Usury laws in these days of enlightment, as money as a commodity ought to be worth its value inavy country; still Lthink this discussion wili do no harm. . | must say I was a little disappoinired when the Bank went into operation, that so high a rate of diseonnt should be charged, and thatthe time wasso limited ; but the directors were appointed after the Usury law was repealed. At that time, I dare say 7g per cent. per annum was not too much ; yet! think they were not quite liberal enough, and that they wiil be justified hereafter in extending the tm», which d have no doubt they will do. I cannot see why they shonid dread the clause of the Act restricting the time to amety days, because the Bank must cease to exist if they cannot respond to their paper within three months; -this the Bank need pot dread, and in my opinion should under circumstances exiend the ume for the discount of bills and notes. But at the same time, it would be as wel] to have the Act amended, £0 a8 to extend the time as affects the existence of the Bank, in case of their notes not being duly responded to. The duration of the Act, I think, should not extend to more than one or two years, I think so far there are no complaints as to the manner in which they manage the affairs of the Bank.

Mr. MACINTOSH .—I do not rise to say much on the affairs of the Bank, for I do not know much about them ; but as Ye are satisfied that this is the age of free trade, I am not for restricting the Bank. I do not think it isa greater hardship fora man to borrow money at a given rate, than to buy anv other thing, even a quantity of turnips at a particular price. If he is going to pay for the use of a certain amount of money, there must be an understanding between him and the man from whom he borrows, as to what he is going to give; but leave him free, and let him make the best he can of it. Let us have free trade.

Mr. COOPER offered a few additions} observations. When there were many speculators, as in England, restrictions were sometimes necessary. ‘They often heard of money being tight, which was to prevent ruin, and to prevent people from getting money at an easy rate which might enconrage improvident speculations. At the beginning of the operations of the Bauk, 74 per cent. wasa high-rate of interest; but it was perhaps better to be so, as no persons would borrow money at that high rate, but those who required it in the regular course of trade.

Hon. Mr. SPEAKEK.—I must rise to order; we are discuss- ing the principles of this Bill, and have not heard a single word of it read yet.

Hon. Mr. MONTGOMER Y.—T was just going to observe that I have been a member of the House of Assembly a long time, and have never heard a disenesion like this; it hae been all on ove side; for all seem to agree that the Bill should be As far as Tam concerned, I have no objections to

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