"4 a

- ' “48 1 a ; "tha leanne by the willing promise to comply wita ¢ equ eae GY UG

man. to transmit his last wishes to his family and friends — by reading to him who wished it, t) ros in whieh his oil had been trained, and to which, in the dark hour, his soul returned, seeking light to iead him through the valley of the shadow of death. After having undergone fatigues to

which the roSust constitution of healthy men had been proven

2 . ‘ . ff we unequal, and after having witnessed scenes of agony befor which, doubtless, man’s strong spirit bad suceum) d, but which she beheld with unshaken nerves —

‘Love watching madness with untroubled mein” — ' a thich animate . her health gave way, the lofty spire wit h animated her . abun @ : « : . Sastre sialic delicate frame could no longer sustain it amid sueh misery she was spared to return to her native land, to experience the reality of the feeling that ‘°Tis sweet to hear the honest watch-dog’s bark Bay deep-mouthed welcome as we draw near home; ‘Tis sweet to think that other eyes will mark Our coming, and look brighter when we come.” As want of space prevents our notice of many other promi- nent events which have transpired in Great Britain during the

last year, we shall re-cross the Atlantic, and bid adicu*to our}

readers at our own threshold.

This article has already grown to such a length that we vannot afford space te touch upon a tithe of the topics which present themselves to our minds, in connection with the British North American Colonies. Their climate, superior to most, inferior to none in the world, for its health and invigorating influence on the human frame—the general fertility of the soil ~— their mineral wealth as yet but in the commencement of development — their forests of the finest timber — their noble rivers, safe and capacious harbours — their shores offering to the hardy fishermen an inexhaustible supply of the finest fish in the world — the almost total freedom from taxation — the possession and appreciation of the freest political institutions known among men—the peace within their borders, while war stains with blood the plains of Europe, Asia and the Americaa Republic ;—these, and blessings such as these, are calculated to raise our hearts in grateful acknowledgment that our * lines have fallen in pleasant places.’’ Within the British North American Colonies, from Canada, the big brother of the happy and thriving family, to Prinee Ed flock—no overgrown towns nurse ‘* the pestilence that walketh at noon day *’—no starving thousands ery in vain for bread. With us there is no necessity that want should impel to crime —the means of comfortable living are within the easy reach of all who are willing to earn them by honest industry ; and we ean sit each under the shade of his own fig tree, and there is none to make us afraid. Such isa brief summary of the bles- sings we enjoy, and who shailjsay that they have not been bestowed with a lavish hand?

——-- _o- + — — SUPREME COURT.

Tue Lilary Term of this Court commenced on Tuesday last, and the gentlemen of the long robe appear to have their hand full of business. The criminal cases tried so far were but few and unimportant; but the civil suits, we understand, were numerous and of considerable cons quence to the parties in- terested. Maclean’s libel case against the editor of this paper has made no further progress down to the time we write (Saturday evening.) At the commencement of the Term, his eounsel — not b-ing able to cet a special jary out of the three panels which the Court in the last June Term decided to give

him -—applied fur a special jury in the usual way, and the |

Sherif handed in a list of the most unexceptionable names — there being no extreme partizans of either side upon it. This, however, would not suit the taste of our procrastinating an- tagonists, and they applied to the Court to set aside their own jury on the most frivolous grounds, and send the venire to the

Corener for a new one, which the Court very properly declined

to do. Maclean’s counsel has since postponed, from time to |

time, striking the special panel, in order to waste time, so that the Sheriff would be unable to summon the jury by the day appointed for the trial (Tuesday next, the 13th inst.) Their conduct throughout the whole of the proceedings consequent

upon the prosecution, has exhibited the most contemptible

dodging and shuffling. We suppose they would be quite |

satisfied to go to trial, if they could manage to crowd into the jury box twelve staunch Tories, but not otherwise. We shall have something more to say upon this subject probably in our next.—We understand that the Grand Jury have had under their consideration the peculations, so often adverted to in this paper, of the somewhat notorious Patrick Bearney, in refer- ence to whom two presentments were made on Saturday. On the same day the Hon. E. Palmer was presented for contempt

to the Grand Jury in open Court.’ More of this anon.

Since writing the above, we have learned that McLean’s counsel, after several applications to him on behalf of the defendant's Attorney, attended, late on Saturday, the striking of the Special Jury ; and it is satisfactory to think that the matter is now in a fair way of being brought to a final settle- ment.

A list of the eases tried during the Term we shall give in eur next issue. Meanwhile we readily make room for the charge delivered by his Honor the Chief Justice to the Grand Jury, of which Benjamin Davies, Esqr., was Foreman. The

case of manslaughter referred to at some length in the Judge’s |

charge, was tried on Saturday afternoon, but there was no verdict, the jury not being able to agree.

JUDGE’S CHARGE.

The criminal calendar for this Term comprises but few possession has not been obtained by force or stratagem, is. meer Upet the wiliengn agitistes Silky’ Witaiigh: the! Silige | ee -~ ~ a a ae — ‘ireumstance : infi sloni he perceived that there was no real intention on the part of | cases, and one of them only of the higher elass of offences. /a strong circumstance to rebut the inference of a felonious he pe a I N i Y \ vem only of the higher elass of offences. It 5 ! 4 ‘ GOO S,

embraces a case of wanslauvhter, five larcenies, and two or three cases of assault and battery ; one of the latter including also the offence of rescuing a prisoner from the custody of the City Police Constables.

The case of manslaughter js against James McGonnell, upen the finding of an Inquest taken ‘before the Coroner for t} County, charging him with having caused the death of his father, Hugh McGonnell; and this sad event seems to have occurred from that prolific source from whence the great majority of cases where life is lost or endangered, generally spring, viz., the inordinate use of imioxicating liquors; and

the present ease is the more deplorable and revolting, from |

the fact, that both father and sou appear to have become in- toxicated at the same drinking bout, the fatal result of which is now matter for your consideration, and it may be as well to state to you, at the outset, before adverting more particu. larly to the facts of the ease in question, that the temporary absence of reason produced by drunkenness is not a legal excuse for the acts which it may occasion or excite; but, as Lord Coke observes: “A drunkard who is voluntarias demon hath no privilege thereby, but what hurt or ill soever

lward Island, the baby of the |

THE EXAMINER.

“eT YT Se eT Oa WM, me ¥ ox

is presumed in law to be malicious, aad therefore amounting

to murder, until the contrary appears from circumstances of Heviation, excuse or justification, Murder is the killing any verson under the Queen's peace, with matice prepense or aforethoucht, either express or implied by Jaw. Express malice is where one person kills another with a sedate deli- berate mind, and formed design; sach formed design being evineed by external circumstances discovering the intention, as lying in wait, antecedent menaces, former grudges, and concocted schemes to do the party some bodily harm; and | malice is implied by law from any deliberate eruel act com- ‘mitted by one person against another, however sudden: thus | where a man kills another suddenly, without any or without considerable provocation, the law implies malice, for no per-

}son would be guilty of such an act upon slight or no apparent.

, cause, 'this—that though the act which occasions the death is unlaw- fal. or likely to be attended with bodily mischief, yet the | malice, either express or implied, which is the very essence /of murder, is to be presumed to be wanting in manslaughter, _the act being rather imputed to the infirmity of human nature. } Whenever death ensues from sudden transport of passion or heat of blood, if upon reasonable provocation, and without malice, or upon sudden combat, it will be manslaughter.

A uses provoking language or behaviour to B, and strikes him, upon which a combat arises, in which A is killed. This is holden to be manslaughter, for it was a sudden affray, and

they fought upon equal terms; and in such combats, upon |

sudien quarrels, it matters not who who gave the first blow.

[t appears from the deposition of Francis Sheridan, taken before the Coroner, that the witness and his own father, the deceased Hugh MeGonnell, and his son James MeGonnell, the party charged, Patrick Traynor, and James McClaskie, ‘met at public-house, on Lot 65, kept by Patrick Murray, on Christmas night last—that the whole party freely indulged in drinking—consuming between them and the inmates of the house, six pints of some intoxicating spirit—that no quarrel ‘or apy misunderstanding took place in the house—that the deceased, the prisoner, the witness, Sheridan, Traynor and McClaskie, left the house about ten o’clock at night—Traynor and MeClaskie proceeded only about a quarter of a mile with (the party, and then left to return to Murray’s—that the ‘deceased was at this time so much affected by the liquor he had taken, that he staggered very much—that Sheridan and the son both assisted bim in walking—that some angry words passed between the father and son; Sheridan thinks the father began the controversy, and that he struck his son—that they then mutually grappled, and both fell, the son uppermost— that Sheridan, at the desire of the father, then took the son off him, when he arose, rushed at the son and struck him— that Sheridan interfered and prevented the son from returning the blow, and took hold of the father, and they proceeded on, the father continuing to abuse the son, evidencing, as he thought, a desire again to strike him; the son replied to the father’s abuse, but in what terms he professes not to remember. Very soon after, the father got holdof the son and endeavoured to strike him, and Sheridan thinks that blows were struck by both—that they grappled and both fell, the son uppermost — that on Sheridan’s taking off the son from the father, the latter made no effort to rise—that he then attempted to raise ithe father, but was unable to do so—that he appeared neither able to stand nor speak, and, as he describes it, “ was kicking like one in the agonies of death.” Te then asked the son to assist in lifting the father, but he declared his inability to do so—that, in faet, both father and son were very drunk— that he desired the son to remain with his father whilst he

| j

j

’

Sheridan, went to his own father’s house, a distance of a!

quarter of a mile, for a horse and sleigh to remove the old man, but the son said he would go himself for a horse and sleigh—that he left apparently for this purpose, and Sheridan remained, and again attempted to raise the father, and did so, his head resting on his (Sheridan’s) shoulder—that he spoke to the deceased several times; he attempted to answer, bat appeared unable to do so; and after remaining with him a considerable time, and no assistance arriving, he laid him ‘down, and proceeded to his own father’s house, where he found the son sitting by the fire, aad when he abused him for not bringing the horse and sleigh, he began, .to use Sheridan's own expression, to “ talk like a foolish man,” and refused to

return with him; Sheridan then proceeded to the place where

he left the father, with a horse and sleigh, and found him dead. On taking the body to the house where the sun remained, the ‘latter shed tears—that until this unfortunate event, the father /and son appeared always to be on very good terms, A post mortem examination was made by Dr. MacKieson, who, in his deposition, states—that there was a large contusion on the right temple, with a cut in the centre about } of an inch long, and a second contusion over the left parital bone, and the integuments on both sides were much contused and ‘injected with blood, and a considerable quantity of coagulated

|

both cheeks were spotted all over with seratches and exco- roiations; and Dr. MacKieson gives it as his opinion that death ensued from injury to the head and brain. Tbe whole

blood was discovered on the left hemisphere of the brain ; |

them, and it is the duty of every person to assist them when called upon; and those who refuse such assistance, aré as lmble to punishment xs those who actually resist or assault them,

It is to be observed that no language, however aggrava- tins, justifies an assault, and beyond this the other cases of this nature require no farther comment by the Court.

{living remarked upon the several classes of cases within | the knowledge of the Court, it is only necessary to remind |

you that, in the discharge of your general duties, as the)

Grand [nquest for the County, you are not limited to those | vases given in charge by the Court, but that your duty re- | quires you to present to the Court all such other offences and | inisdemeanours as shall have come to your knowledge, as committed within the limits of your County. } | The law of this Colony requires you to present to the.

liquors without license, and it authorises you to suspend or anpull the license of any tavern or inn-keeper, whose house |is conducted in a disorderly manner, or who offends against | the provisions of the License Acts; and in suspending or | jannulling any license, your decision being final, you are | to hear evidence as well for as against the party complained of, a departure from the ordinary rule as to the admission of |evidence before Grand Juries which requires them only to | hear evidence on the part of the prosecution.

You are also required by the law of the Colony to furnish to the Court at this Term, lists of persons fit to serve as Jonstables and Fence Viewers for the current year; and such lists should consist of double the number requisite for each District in the County, as the Court is by the same law required to strike off from your ists one-half of the persous you may nominate for those responsible offices.

STUFF vs. SILK.

{

DUNCAN MACLEAN vs. EDWARD WHELAN, | Tux public are informed that it is intended to inaugurate | the trial of this important case by escorting the plaintiff to the

Court in a manner worthy of his deserts and the dignity of the

ne

ecause. The procession will leave the Islander Office, by the

back door, at the hour of ten o’dock precisely, if the day should be cold, in the following order :— A Fiddler. The President of the Politieal Alliance, bearing the Cordon of Provost Marshal, The Seerctary of the Allianee. The Members of the Allianee, two and two. A Gander. The Plaintiff's Counsel. A Gander,

A Goose. A Goose.

| Manslaughter is principally distinguished from murder in| Court all parties who have retailed spirituous or fermented | ‘wo Apprentices, bearing the libels of the Islander, covered.

A Jackass. DUNCAN MACLEAN. John Ings. Parsuivant from Apothecaries’ Hall, bearing box of Antibilious Pills.

Another bearing box of Iteh Ointment, with directions for use.

The Devils of the Islander Office, avcording to seniority, the youngest bearing a tailor’s thimble to receive the damages. The friends of the Plaintiff, two and two.

N.B.—To prevent the disappointment and disgust which were experienced by the Plaintiff’s friends, of New London, who accompanied him to Court when tried for Sedition in the

vide no refreshments for his supporters.

a

ARRIVAL OF THE MAILS. The Courier arrived in Town about 10 o’clock on Saturday

satisfaction at the nominations to the rank of Queen’s Counsel which His Excellency the Lieutenant Governor was pleased re- cently to make ; but we certainly had no idea that the parties who felt that the reputation of their order might suffer by the unfettered exercise by the Executive of the power of conferring silk gowns, would have published to the world such self-con-

demning documents as those which comprise the correspondence and meniorial to the Queen on the subject. We find, in the first instance, a notice calling a meeting of

the Bar at a particular time and place, but no name appended

_to it,—a notice which might have emanated from any practi- eal joker, who wished te coax the legal foxes from their holes | on a fool’s errand.

We next observe that the greatest number that could be in- | duced to attend at the bidding of the unknown enchanter, was ten ;— and of these, but four—viz: Messrs. Longworth, C. Palmer, Haviland and Brecken —are @ntitled to be considered, | in view of this question, as Barristers. ‘The remaining six af-

| feet broad-eloth and homespun more than stuff or silken robes. | Itso happens that the practising Barristers of this Island, -

who did not attend the great mecting, outnumber, by a con-

siderable majority, those who did. We have of the absentees,

}

j ° .

j all practising Barristers, as an offset to the four whose names | ‘

'

figure upon the memorial to the Queen, the following: Honor- ables Attorney General, Charles Young, Q.C., William Forgan and Edward Palmer; John Lawson, Theophilus Stewart, the | Solicitor General and William M. Howe, Esquires. Thus ‘giving eight, who might be supposed to feel an interest in the question, against four equally to be affected.

When we had made the calculation, we were not a little amused at the coolness with which the ridiculously convened and ludicrously small gathering of the Barristers — justly en- titled to the designation — styled their pop-gun Address to Her Majesty, ‘* The Memorial of the Bar of Prinee Edward Island.”’ We wonder if these worthies ever heard of the Three Tailors (of Tooley-Street, in London. Presuming that the acquisition of their pre-eminent legal knowledge has left but little time for historieal or other learning, we will inform them that at the time when the agitation produced by the events of the French Revolution, at the close of the last century, was affect- ing the minds of thousands in England, an anonymous address appeared in London, indicating in no measured terms that the institutions of the country, the lives of the Sovereign and of all

who favoured the then existing state of things, were about as | safe as that of a man who should throw down a lighted match | upon an open keg of gunpowder. Well, the document created | great excitement — government was alarmed —the monarch’s residence was protected by additional guards—the bank re-

We had heard that some of the lawyers had expressed dis-|

night, bringing the British, Colonial and Foreign Mails. ‘The R. M. Steamship Niagara arrived in Halifax on Wednesday night the 3lst ult. Her latest datesare to the 20th December, but the news is quite unimportant. We regret to learn that a very destructive fire has occurred in Halifax, the particulars of which, together with the news by the English mail, will be found in our Supplement to-morrow.

SUPPLEMENT!

Owine to the unayoidable omission, from the present sheet of a variety of interesting matters, news, shipping intelli- gence, advertisements, &c., we shall publish as early as possible to-morrow a Supplement half the size of this No.

FY “ + eae 5

Tux weather has been exceedingly stormy during the past week — no greater snow-storm haying occurred in this Island, within the memory of that respectable individual, « the oldest inhabitant,” than that which commenced at the beginning of the week, and ended about the middle of it. One of the first effects of this storm has been to cut off, almost entirely, the communication with the interior, and to have interrupted the regular transmission and receipt of the mails. But a few days of fine weather will suffice to break the roads, and, as there is plenty of snow on the ground, make good travelling for the remainder of the season.

Haszarv’s Gazerre appeared on Wednesday last in a very much improved style, under the management of Burris, Brother & Co. We could find no trace of the learned Recorder’s pen, but this was no cause for lamentation, as the columns were well and tastefully filled, aud the orginal articles spiritedly written.

-_—__——————__ ¢ 2 em 2... Mecuanics’ Instrrure.—John Kenny, Esq., Vice President, will

' deliver his postponed Lecture on “ Currency,” to-morrow evening, at | the usual hour.

* ~ * tl

Died.

On Sunday, the 11th instant, at Ravenwood, in the Royalty of Char- | lottetuwn, deeply deplored, after a lingering and painful illness, which | She bore with much Christian fortitude and resignation to the Divine | will, Sarah Johnstone, the beloved daughter of the Honorable William Forgan, Barrister-at-Law, in the 2lst year of her age.

ae a —e

New Advertisements. f SELLING OFF!

ET JHASZARD informs his friends and the public

» generally, that having determined on closing his present business, during the ensuing month, he will eommenco on MONDAY, the 12th January, SELLING OFF THE WHOLE OF HIS

EXTENSIVE STOCK,

At unusually low prices. All GOODS remaining unsold, after the fifth day of February next, will be sold at PUBLIC

case against the prisoner rests upon the testimony of Sheridan; | eojyed increased protection —the funds fell — the enemies of. AUCTION. Sale commencing on TUESDAY, the 10th of

and if, from his evidence, you are of opinion the deceased came to his death by the acts of the prisoner, your proper course will be to find a bill against him for manslaughter, thereby putting him upon his trial for that offence.

With respect to the cases of larceny, which are of the ordinary description, it is merely necessary to observe that ‘the crime of Jarceny is complete by a party wrongfully or fraudulently taki janother, with the felonious intent to convert them to the taker’s own use, without the consent of the owner; and the felowious intent consists in the intention of the party to de- fraud the owner, and to apply the articles stolen to his own use, and must exist at the time of taking; and no sub- sequent felonious intention will render the previous taking felony. ‘There must be also an actual taking and severance of the goods from the possession of the owner, and the felony lies in the act of removing the property ; and the least re-

sing and carrying away the personal goods of | o¢ Jfor M

| England triumphed in her anticipated downfall,— when at

| iength the sagacity of a constable discovered that this terrible | missive, beginning with ‘* We the People of England,”’ was the joint concoction of three tailors who resided in Tooley-Street. We trust that the remembrance of the turgid address of the knights of the needle may have the effect of calming the minds fajesty and her Colonial Minister on the subject of this | precious memorial. We can assure them that iis prototype

ae

haiis from Tooley-Street.

*—_—eom >

One of the most curious specimens of the epistolary style. which we have read for a long time, is that which bears the well-known signature of ** William Coopor, ’’ in Haszard’s

| Gazette and the Islander of the past week. The Unholy Al-

} }

February next. Ses Advertisements. Charlottetown, Jan. 12, 1857.

AUCTION! WITHOUT RESERVE.

| O BE SOLD by PUBLIC AUCTION, commencing on TUESDAY, the 10th February next, and will be

| continued until the whole is disposed of, the Extensive and | Valuable

Stock of General Merchandize, of HENRY HASZARD, Esq., in (British, West India & American Manufactures,

who proposes closing his present business. Sule to com- -mence each day at TEN o’clock, a. m, | (° A Catalogue of the quantity and description of the

moval of the thing taken from the place where it was /i#nce —(which body we suppose is by this time nearly de-| various kinds of GOODS wiil be distributed in a few days.

offence, though it be not quite carried away.

| No larceny will be committed when the goods are taken on

‘a claim of right, however unfounded, , The openness and notoriety of the taking, when the

intent; but this also will not make it the less felony.

Escheator; while the Islander patted him affectionately, ‘dropped the seurrility which it formerly used in reference to him, and called him by the most endearing names. It appears,

| the Unholies, or of the press which supports them, to en-

uals

The possession of stolen goods renders it incumbent on the | te party in whose possession they are found, to prove how he | ‘came by them, otherwise the presumption of law is, that he | eA ee ‘ah ria \ obtained them feloniously. ~~ 80 he has spurned their oy ore in the most sige

In the offence for obtaining goods or money under false 2i0u8 manner,and exposed and ridiculed the absurdity of pretences, it must be made out to your satisfaction that some of their political nostrums. The upshot of his letter is, | whatever the party is charged with so obtaining, was ac- | that so far as he iv individually concerned, he will support. tually obtained by reason of the pretence alleged—that such | Re pretence was false, and that it was obtained with intent to cheat aud defraud some person.

sponsible Government and the party at the head of affairs, rather than aid the introduction of a mongrel and un-British The cases of assault and battery have been sent up to this siete and porn the way for a propeiatery ~—a to ae | Court by the City Court, as cases of an aggravated nature, the power and influence of our local administration. At this requiring, in the event of a conviction heavier punishment breaking the word of promise to the hope, which the Is/ander ‘than that Court is authorised by law to inflict. One of these had been keeping to the ears of the Unbolies for several | cases, as before remarked, involves a charge for rescuing a prisoner from the legal custody of some of the City Police Constables, and which renders it of a more agyrayvated, i aaa Ae vature than an ordinary assault and battery. The Police of heit supposed proselyte tos fall meamnn ef ehacn: Wa te- the City, whilst engaged in repressing riots and disturbances gard this as a good omen in the horoseope of our quandara of the peace, and in arresting partics charged with any friend. The more the Islander abuses him, the better en

‘months, regarding Mr. Cooper’s co-operation in their schemes, the literary drudge of the faction waxes wroth, and treats

he doth, his drunkenness doth aggravate it.” All homicide | offence, are entitled to every protection the law eun give!he has of political salvation.

before, with an intent to steal it, is sufficient to constitute the | funct) —confidently ealeulated upon the adhesion of the old) Terms.—All sums under £10, Cash. Approved Notes

at 3 months above £20 and under £30; at 4 months above £30 and under £50; at 6 months above £50 and under £100; at 12 months above £100—bearing interest after 9 ‘months, A. H. YATES, Auctioneer.

Charlottetown, Jan. 12, 1857.

rtain that delusive question the satisfactory settlement of |

Fall 1856.

which has heen the object of his whole political existence ;) J{YX ‘ Majestic,” from Liverpool, “ Obi,” from London,

and recent arrivals from Boston and Halifax, the Subseribers have received upwards of

1000 Packages British & Foreign Merchandize,

which they offer for sale at their usual low prices for prompt payment. -Wholesale Customers supplied at low rates and on liberal terms. The assortinent Consists of

60 Chests prime Congou TEA, 2 cases Gala Plaids & Linseys,

7 Bales Carpets and Woollens, 1 do Silk and Steaw Bonnets, 8 Cases and 3 bales Keady Made 2 Trunk Ladies’ Mantles, Ciothing, 1 case Gloves and Hosiery,

15 Trunks Boots and Shoes, 1 do Jewellery & small wares, 4 do. silks, silk dresses and ribbons, 50 boxes Soap, 8 Bules Gray, white and Pristed 90 kege White. Paint, Calicves, derrys and ginghams, 2 casks Vil, Leask Putty, 6 Bales assorted Cloths, 5 tins Copel Varnish, 10 Cases Ladies’ Dress Materials, Boxes Ward’s washing Powder, 2 do FUKs, Paste Blacking, Chinese, 2 do Woollen Shawls, Glenfield and Blue Stareb, do Polka Jackets and Sleeves, Bags Pepper, Alspice, Corks, 2 do Glazed Linings, Barrels Crushed “Sur, 15 Kegs “ Hall’s’’ Powder, Li gwood, Rice, 30 Packages Ironmongery, 835 Bags Cut Nails. A large quantity of AMERICAN GOODS. Queen-square, dan. 12. D. & G. DAVIES. ,

year 1843— notice is hereby given that the Plaintiff will pro- ,

ff.

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