The National Register. — London, England, 1816-08-19 00:00:00

Z M ' . . muted to them in esicievice. He tame proceeded to read thew paper to a hich !..• lead reformed. ft 'set teeth, that Marshal had been repeatedly guilty of S.IOIV glaring violation of the sentence of tile Court, than that for which he now prosecuted him (I ord Cochrane). Those who could pay cur the indalgemas, might quit the prison at ,pirasitre, sail t .e stem es often- kingdom had not always limited sh a le e xc i t e stuns. The mitosis ty of such voormitees ought to finder it imperatibe on the Marshal to prove the AAAAA el* 01• escape now alltergi:el, we re it tel tie sleet% tam he himself %MI mot 411 liCtst•sals.y. Awl ei PH could steely be said, that the prevent prosecution arils not fur a voi . atom o f t h e s , of the Court, ben for tint the coi.fisierac y or the Mar anal. It is nest lase tile oollllllOtaltlil of a breo, h prison, bat dolor ven effecting it uy liyabeey, tTti er such vii " I ":` l "cust bow e4111 . 1el it be expected drat he should consider it ally vet y serious offence to t , t'igir from Ode King's bench . P 1130.1? Ile had been coudemned with set en ottee rs, and lead applied for a new trial; hut was told that h, moth 1101 be :ward, bee..ti r all the convicted persons au,r4N.t tkcu presei,t. lit' hard Saul, could 1101Cor , pcl titian lo come, and the law did not res l eil e we impossibility, Bat :01•Ner was, that the omen, eof the Courtfrequired it, ant( that the practice sit the Court of King's Bench sins time •eiltire Ceert of King's Item Is. Afterwards Wlr4 114!Nt 10 the prison, where he foOrlid it was the practice t.• depart and go at tierce. Why, ill, a, Might leg he coirclude from what he boil bee et told, thot the practice of the King's ilea. It Prison was the law of the King's Bench Prison? tl by :It mid practice comtetiele law sine I . IOC, :MU Hot Other ? Ili% esral e, after oil, was relfrlselittd to be the fruit of op pression. and his nasaitier of gt.ng Was of all others least ex eeptionahle : not us ,ittlessigt d in the indictment, " hi the evil example of all otiters-," fur his plain scarcely any one knew, and none would dare to follow. lie wither set an rumple that . could be follows d, tie'sollowed theavilexantlde that was set. Had ae made an escape by the old, cowardly, corrupt method, this prosecution wunol newer have been heard of; and as to the waives, they were more than barely defensible; they were landabie. His weasel en escape to defraud a creditor, or do e,sv man an injury, but he do and mobtainjustice. He might, indeed, be unseal «as as to the mode by him adopted ; but if it vis enamor, it was a Nenialeue. It was an irregular way to be smite, but it 011. S theady.one which presented itself b lieu imagination at the three, wholty impressed as he was with in 'dignation 4st the insolveice and initmety -of those under whose emeriti 111 l s in itistive he was stake ing, and eagerly grasping at the Mine of earning-and reps Mug teat injestice by any prac tical meats. He eflocted his ilbetation %lib the stile view of a omelet's' hes seat lea Parliament, and of teinindileg that Assem bly, that their sentenee ofespulsion had been tot reset', lay the pstple t and of demanding from them that strict investigation 'l: , to the mese of his sneering, and into the conduct of his riget,ste which be was entitled, and which had not then, and which, he was softy to say, had lot •e•t been atterded to bine. lie went to the House as to a place " obese all wrongs are So be: nettled of a Inch men cannot obtain redress elsewhere." land. it was described to be in other times Ly various old .Author. whom be quoted, and whose at etings went to slew a received opinion that injustice weight be done to a man in the 4oarts •of Parhament ; but in that highest of all Courts he wets to look with assuranc e for redrete , , being the case. as * at:ember of that Court, might well is p:gine that he had only to ernes-the threshold to find not only refuge but redress. That he was so actuated is suite' ions; fur it was iu that House, Ist pos-sesaion,as he conceived, of that very relvige,and in search if teat %cry nitre s , that he was fumed by his pi mat Prosecii ther—a ho, uI opera violation of his priviiege as a Member, and Isis right eau suitor, forcibly di :egged him back to the scat of oppression; and, in pen' aggravation tit that oppression, in stantly imemsted him in a pest itent thisigeon, am.) there held him ininwred fir 26 days; and now, instead of being punished far his violence and barbarity, calit.l on re Jury ales country, to • heap fresh apt ression on the head of his persecuted vie. • tiere. He stated what ecctlited on his leaving the prison in the :following worth:— "When the Marsbel of the King's Bench was first :apprised of my absence, he sent may servaut with a message so Mr. Basil Cochrane, entreating, if he knew, ur could ascertain where I was, to endeavour to prevail on roe to retain; and that he would receive me privately ' stt any hoar of the n:t,ht, and no notice should be taken of it. Mr. Coelrane replied, that be should rettaiuly advise um to Muni if I was really .absent, lint could not be!ieve it, having received • letter from me on the day before enclosing two ft auks, which letier,assoon as the report of my al”.•ence was comer:lied, Cechesembsenself took alai attested to the Marshal, in order as evince that{ had not made him acquainted with the trans action. Iluttse Marshal immediately perceived that the letter Sight possibly an-wer another purpose, namely, that of raising a brai.f Beat* was.actnally in the prison on the slay it bore date, tin lherelbre in ait prelim belay was still COLIC d within the walls 14 , r be immediately tun-canal Mr. Cochrane to allow hint to Phew that letter to the Chairman of the Co llinset ni fles I louse • or Common then sit;ing. And having so done, he begged Air. Cut brine to commuilicate to me, that if I weedd immediately r( tnro, I should lie rcerive,i in the middle of the night by him sett aid one confidential turnkey, and that no other person sticeld be in attendant'e, or know any thing of the mutter ; so 'tint I might be finned in lay 'lOOlll the neat morning, and it woitid appear thi.t I had inereireuureiik4 myself in the prison. Then upon Mr. Coclaraier's assurance that -lie a weld op. every has stion to eifectihe object imposed, aud wont(' if pwisible, sire oniplish it immediatert,observeug, that the Marshal would • thereby save his three hundred guineas, the .reettrd be lad held out for my apprehension; he seized Mr. Corliraue's hated, and thank( cl hinter leis kind consideration foe his interest, HIM The tronble be took in the matter. .And on the nest day he wrote to Air.' Coehrese a knee; which is as folio : tire's Beach, Tuesday evening. March 14.1111.5. 14t5t.../n mescssenceottha conversation that passed busmen us yes terdap allaueon, I Ica led to hope that I should have the pleasure of seciegyon ladle course of the night, according to an arrangement that 111116 (in • tassamM made between us; but having beat disappointed in that phapare, and having been already walliciently hhttamed, I should not likvto sit ap the whole et this night as I did the /met, nnutcceiatily. I ham therekwe sent the bearer with this, in asonfulemial say, to rep quest that you will let roe know whether you daft ang aspeetation of secomplidting so duiroble an eventfor alt.thepardm, As we had oon semplated.—l an, Sir„ your very obedient bumble Basil Cochrastsynag. 44. WM. 30Nh'S, Marshal. " Ilenre it appears that the Marshal vino must elision, to core prniiiiio an act ' which he ha.: stut • visited sel.h th. re....rest pnnolowelit, and still represents WI a great mail Mmetafted crime, and culling fur fortbeg castgoitien. Alr. Coc ir:ne took the earliest oppoi lenity of reeve, Inc to lee tby Jett, r the Mar tha% prOpoz•itiou, statuutclist he would receive me privately at any hone of any night I would appoint, toil that the Minimal err rejoiced at the idea of ouch an arrangrommt ; upon whic h invordiately wrote to Itlr.esitilirture infermin „ him that I bud gated the custody of the himitsStoriatesurpowt ofvudemour- TM. NATIONAL REGISTER. iNt to Ming Mr coudnet of Lord Ellcidiunaviell b. fore the House of and that II Annid art accor.l.hgly at an rash day, probably the Tuesday following, and it %%a. preeiwly on ►he ina:Jay I. (lowing that I aid ~4) net: anti Mr. CieChl 1110 had, in the moan time, communicated my intention to the Marshal, biol had aelliallv reenannomled him to love persorn in readiness to 1:11Le n,c .n T hal go, on my rettuu from the 11..it.e, ;aid it te as wider anprelliaision that such persons would he in atten donee, that I went at an eat iv hour, in order that 111 w eivrance might no. be oh.to noted ; nut and id Pining ally violence within the wails, and b% ing indifferent what might ocesir at my eggre , s, pro% Wed I could succeed,: in my purpii3e of being heard in the lion‘e." The paper went :ni to prove that in leaving the King's Bench , bra Coehiane Lail no wish to elude the sentence (..t . the Coort• It then de scribed the damp, cull, and offensive state of the strong room, or " hole" (as it ie said to have beeo called by the Judges in I 7 2O), in which he was confined, on being retaken. In this place lie es as coati:Jed for twenty-six days, and was only rei»oved vi hen the Marshat had been informed that his brans kept there larger Ise attended with "thin:fermis conse quenees.” ,lle ascertained haw fir lie could torture him ( I Cochrane 1, and only interfere/ to sac!' Ins lice. 31111 pIeSCI . % him for farther intlietions. It was not, iu fact, ,kit aft.as the urgent eertifirate which he received trent one of the gentleni,m sent by the Marshal, as well as that of his (i .ord Cochrane's) own Physician, Dr, Buchan, pointing out the necessity or a change of abode. Intl been transmitted to the Hon. Mr. Ben- nett. Chairman of the Committee of Inquiry into the State of Prisons, and hy him laid before one of the Secretaries of State ; I and until Mr. Bennett and 'Mr. Lambton (et Mem her of that Committee) bail renowytratril with the Marshal, that lie relite• tautly deter' ll ill ed to liberate hint front the dungeon. The certi ficates were here introduced, and these were followed by a repetiti 111 l of his complaints against the riguor with which lie conreived himself to have been treated by the Marshal after his return to the prism', and further comments on the damp and filthy state of the strong room. He falsifier maintained, the punishment inflieted was nut limitesl to close confinement for six and twenty days in the hole or strong room, but the , apartment to which he was then removed, namely, the grated chamber over the lobby, was also a place of .e/.se cm, finemunt ; and the Marshal did there retilin him closely confined from the day of his removal front the strong room, to the es piratiou of the twelve months for which he was sentenced by the Court, hying a period of nearly ten weeks.. The escape, therefore, had already been visited by die privation of air ;mil exercise for the space of more than three cakmilar snood's, by MI whose legal power of punishment was limited to one month only, and represented to be adequate to the offence , ' yet his malignity (if lie were realy theprinviiial in this business) was still aerated, and he stilt called for additional vengeance. The authority given to the Marshal to punish an escape, limited the period of confinement fora second offence to three Bat notwithstanding the Court ofKing's Bench conceived drat 1 three months close confinement was a punishment fully adequate even for a repetkinie of the offence with which he was charged, and had Instrnetedtheirofficer so to consider it, ht not only had had the audacity to exceed that infliction for the first offence, but now implored that Court, whose servant lie was, and whose antliorityhe had thus exceeded, to impose additional penalties. He had either the incredible effrontery to tegnire the Court to , encourage and imitate him in the vindictive violation of its own public ordinance, made for his governance, or he ailed its obedience to secret inetrochots. The Noble Lord, after some further remarks, said o .e had but two words more to add, and these were to express the sur prise which he felt at the conduct of the Counsel whom lie had employed to advocate Isis canoe in the first indictment which had been preferred against him. That Gentlesnan had thought proper to unite his defence with that of the other Defendants on the record, and had thereby acted in direct opposition to his wishes, He meant not to ascribe this to any improper mo tive On the part rifbis Counsel; bin he felt it his duty to state, that whatever might have been the cause, the effect was pecu liarly iinforismate to hint. He had elan to remark, that the Coutisel who had appeared against him 4/31 that occasion, and whom be did not then see in Court (Mr. liurney)— Mr. Gurney ruse and said," I am here." Lord Cochrane in eontimiatinit observed, that that Gentle man hail ilettially received retaining fees from him, had attend. ed consoltations on hiw ease; and yet, to his astonishment, ap peared in the lists against him. Mr..lnFtice Burroughs.—" Suck imputatium arc extremely impropci." Ft k. Gerney.-- - " My Lord they arc net true :—I never was retained lay the Noble Lord in the ease to which he alludes; I n inde;:il, consulted on the part of the Noble Lord, respect ing a prosecution for a libel; and I wrote my opinion on that subject. Three weeks after, I was offered, oat his part, a re t; • g fee; but I r:•titscd toaecept it. having been previously engatt•cdd ajaiaast him; and it was not for six mouths afterwards that I heard a doubt suggested of the propriety of my conduct.'• Mr. Jostice Itarroughs..- 46 No tine believe•, Mr. Gurney, that you could h.l%ct dune airy thing inconsistent with your cha racter as a Mai ister an a (ieutleinan." Lnril Cochrane,—" I can only say, such charges were made in my Attorney's hill to Me." Mr. Marryatt.—" I hope the Noble Lord will call some evi dence after the extraorditiary speech he has thought proper to make." Mr. Justice liturronghs wasiitreßo evidence would !weaned. He hail lice,, anxious that the Noble I)..fetidant should have an opportunity of stating ever* thing lie pleased; and be was the more desirous to take this course from the daily anisrepreseLta• nuns which took place of the proceedines of the Courts of Justice. as it might have been inferucd, had he not heard every ward which the noble laird had to say, ill:d i la., ice had not been drily ailimnistered. Alter having patiently heard all the Noble Lord had to offer, however, be could not but temark, that, with ' all hi+ attention he had not been able to discover a single sen tence oldie - Noble Lord's speech , which, directly, or indirectly. Applied te the iswee %aird' they were ru Iled Opola to - try. Nothing could be Moos unjustethan to asperse and vilify the charaeter of a o d d:c officer, who, the Noble Lord mast have known, could h eve no epponimity of windicatiuchimself. The Noble Lord had detailed charges against the Marsh:slot* the King's Bench, which, ergot if went led , hadamthing in the world to do with the conduct imputed to his Lordship; but which, as they meld not be answered, it was incensisteuttrith the ;principles of justice and of honour fur blotto have made. what had p issed, lie trusted there was not an iadividnal in Court who would noted once dismiss from his breast any coachision fueind. ed upon aspersions ti. filch there was no opportunity of reply ing. The only goestiou ter the Jury to decide on this occasion was, whether Lord Cochrane had been committed to the ens. body of the Marshal of the Kim's Bench for a given period ; and if lie had been en commiued, whether he bud net bee n hound at Large haute the esperatioli of that period. That lie AUGI7ST IP. had been committed wa. prayed by et idotee of the mood lu contruv,•ctiblc description; and that he had escaped W. ns clear a' the tom at noonday. The Jury, tht rc:l,re, could only (mole to the emielttbion, that the charge Imputed to biw w3s well founded. The Jury now proceeded to consider their verdict and after a few initiates emasultatitiu, i Ir. W. Ifaydon, the foreman, beg. gad to ask, whether the Joey were at liberty to accompany their verdict by any remark beyond the simple decision of guilty or not guilty? Mr.Justie..!Burraughs.—" You will find your verdict u t^ the sim. ple fact whetiwr Lord Co.hrane was committed to the custody cf the Alaraii3l of the KiNes Bench ; and whether, after he has been so com mitted, he did not escape before the expiration of his stipulated con- Mr. W. Vincent (another Juryman).—" Arc we permitted. in re turning our verdict, to ucconyany it by an expression of our, inion Are we allowed to recomnicial the defendant to mercy." Mr. Justice Ilurrouglia.—" Certainly, you arc at liberty, if you shall think tit, to reeorr.inend the ildeudaat to merry." Ile Jury now consulted again tin a short time ; whca their Fore_ man returned the following vcrlict arc of op;nkm, that Lord Co-braise ix guilty of esenpiug front prison ; but roc recommend hint to merry, herustre rr , think his subsequent punishment fully adequate to the qi•nee of ;thigh hr rrarguittn." Mr. Justic2 Ilutrouihs.—•• I will state your verdict, Ganda:alien, precisely in the terms in which you have given it." His Lordship then wrote down the verdict as reported by the Foreman. Lord Cochrane—" My lord, I want justice, and not merry." On the verdict being finally recorded. there were some marks of ap. probation; and for a moment the decorum of the Court was interrupted. _ . _ Mr. Justice Burroughs said, if such indecorous conduct was r. peated, he should commit the offenders to custody. There was no ground for rejoicing, because the Jury. after finding the defendant guilty, had thought proper to recommend him to mercy. MR. SHERIDAN .0.11118111111.... Mr. Sheridan tweeting Miss Unity, afterwards Mrs. Sheridan, at the entrance of a Grotto, in the vicinity of Bath ; took the liberty of offering her some advice; with which apprehendii.g she was dispkassed,lte left the following Lines in the Grotto tart next day. Uncouth is this moss-covered Grotto of stone, And damp is the shade of this dew-dropping tree Yet I this rude Grotto with rapture will own. And willow, thy thunps are refreshing to me. For this is the Grotto where Delia reeliii'd, As late I in secret her confidence sought ; And this is the tree kept her safe from the wind, As, blushing, she heard the grave lesson I taught. Then tell me, thou Grotto of moss-covered stone, And tell me, thou willow , with leaves dropping dew, Did Delia seem vex'ul when Horatio was gone? And did she confess her resentment to you? Methinks how each bough, as you're WarinZ, it tries, To whisper a cause for the sorrow I feel ; To hint how she frOveled, when I dared to advise, And sigli'd When she saw that I did it with zeal. True, true, silly leaves, so she did, I alloik; She frowned, but no rage in her looks ...und I see , She frowied, but reflectiou haul clouded her brow She sigh'd, brut perhaps 'twas in pity to me. Then wave thy leaves brisker, thou willow of wo• , I tell thee, no rage in her looks could I see ; I cannot, I will not, believe it was so ; She was not, she could not, be angry with me. Farwell did she know that my heart meant no wrong, It sunk at the tholiglit of but giving her pain; But trusted its task to a faltering tongue, Which erred trout the feelings it could not explain. Vet, 0 ! if indeed,`l've offended the maid, If Delia my 'nimble monition refuse, Sweet willow, the next time she visits your shade, Fan gently her bosom, and pie-au my excuse. And thou, stony Grin, in thy arch may'st preserve Two lingering drops of the night-fallen dew ; Then let theebut fall at her feet, and they'll serve As tears of lily sorrow entrusted to you. Or, lest they unheeded should fall at her feet, Let them fall on her boson of snow ; and I swear, The next time I visit thy inoas-covered seat, I'll plif thee each drop with a gouniuc tear. So may'st thou, green willow, for ages, thus toss Thy branches so lank o'er the slow winding strum];; And thou, stony Grotto, retain all thy moss, While yet there's a poet to make thee his theme. Nay, more ; may my Delia still give you her chart.:s. Each ev'iiing,and sometimes the whole evening lo:ig , Then, Grotto, be proud to support lacy white arms ; Then, willow, wave all tlty green tops o'er her song. We lament to say, that Mr. Gibbs, merchant, at ilermo, and who was Paymaster to the British trcmps, bac put an end to his existence, in consequence of peen/lid:s embarrassments. fle is a relation to Chief Justice Gibbs. A self-constituted Society, who called themselves, very un warrantably, " Me Landos,"43ave been recently guilty of great disorders in Worcester. Several of them have been held to bail at the next Quarter Sessions, for outrage ; and it is hoped their punishment will deter others tizin follow ing their example. Diet:tom N NESS. — Drunkenness expels reason; drowns the 'armory ; distempers the body ; di m i n i s h es strength ; intlaines the blood ; causes external, Internal, and incurable womuls ; is a witch to the senses a devil to the soul ; a thief to the purse ; the beggar's companion ; a wife's woe ; caildreui. sorrow ; the picture of a beast mid self-murderer; who drinks to others good health, and robs himself of his .ost n. DROACIFIAL Emaccs OF PA•ScON.-4 man named Chew, of Bath, on Tuesday threw a knife at his sou, ten years or age, winch entered his bvk, and indicted a wound likely to e mortal. The wretched father has anuendracd Itniself to justice.