The British Press; or, Morning Literary Advertiser. — London, England, 1824-05-27 00:00:00

LAW INTELLIGENCE. C01:117' OF KING'S M iI IIZIVED3rzsDAY, MAT Z. Bitting, in Banco. lIFESI r. WAIT. This was the ease in which the Lord Chancellor lately directed a trial at bar in this Court, in order that the opinions of all the Judges might be taken, as well sa to the law as to the general circum stances of the case. The ATroax EY-GENERAL this morning requested to know oa what day next Term the Court would be pleased to ti x the trial. The Lou t) C1111:1 Jt t: said, that a trial at bar could not take ',Lee in an issuable Term, except in cases in which his Ma jestywas concerned. he A TTOIIN EV-GENERAL—Then it cannot take place till iel;selmas Term. The Lour) Cult r Jrsr Kt —Certainly. rut: IC ING r. This was an indictment against the defendant for a disgusting libvl on before ane Esq. the Mayor of Portsmouth. The ease 1V3.4 tried Mr. Justice Burrough, and the defendant found guilty. It appeared that the defendant had been before convicted of a libel at the Portsmouth Sessions, before Mr. Carter, and way suf fering the sentence he received for that offence when he wrote the libel for which he now came before the Court. The proof of his guilt consisted principally in some papers in cipher found in his possession. Mr Al ERRS - WEATHER moved for a new trial, on two grounds: first, that the ream' of the defendant's former conviction ought not to have been admitted in evidence against him ; and, secondly, that' there was no evidence to go to the Jury. The libel was not proved to have been written or composed by the defendant. The only fact aztinst him was. that he had applied to the gaoler to go into a cell alone to write a letter, shortly before the libel was found. The Cot' IT were of opinion that the evidence was sufficient to support the conviction. GasELEE postponed the judgment, to give the defendant the benefit of Mr. C. F. Williams's After the argument of the next case was over, the defendant was again brought on the floor of the Court for judgment. Mr. C. I. WI t. I.IA ms addressed the Court shortly in mitigation of punishment. lle admitted that this was one of those eases Mhich outraged every feeling of human nature, but he trusted their Lord ships would have regard to the sufferings previously sustained by the defendant, and temper their justice with mercy. Mr. MERRYWEATIICIL made swim observations on the same gide. Mr. GAPE LEE Raid a few words in aggravation of punishment. Mr. Justice BAT I.E.T, in passing sentence, observed, that the libel was of the m o st malignant character. The defendant had attacked, and would, if possible, have destroyed, the good fame and peace of mind of a gentleman who had done him no in jury, and who probably had never heard his name until the discharge of his magisterial duties required him to sit as Mayor upon the defendant's first trial. The means by which his guilt was detected had been very extraordinary, but they were at the same time such as left no doubt whatever of the propritty of the verdict. The judgment of the Court was, that the defendant be im prisoned for 1$ months :a the HOLM of Correction at Portsmouth, and afterwards enter into recognizances in 54 0/. to be of good beha viour for five years. CRIMINAL INFORMATION AOAINST THE BRI mil PRESS. THE KING t'. CARLTON Awn OTHERS. The argument he this ease was resumed this morning. When the lard Chief Justice withdrew yesterday, Mr. Saulett was reading the following affidavit, which we now give entire—with the remarks of the Learned Counsel as be proceolad with it " Charles Flint, of littoxeter, in the county of Staffed, articled clerk to Abraham Flint, of the same place, Attorney at Law, maketh oath and with, that he, this deponent, was at Stafford, in the said county, on the lath day of June last, for the purpose of copying the Borough Charters, under a writ of mandamus for that purpose, and that about seven of the clock in the evening of the same day, he, this deponent, was sent tOr by one John tikes (• dient of this deponent's said brother) to whom this deponent itu. mediately went with the messenger (one Samuel Stokes), and found the said John Wilkes in custody of one John Rowley, a constable, of whom this deponent requested his authority for ap prehending the said John Wilkes ; when the constable desired this deponent to go with hint until he had lodged his prisoner in the round-house, and he would then !thew him his authority ; and this deponent thereupon accompanied the said constable and the said John Wilkes, and saw the said John Wilkes put into the round house. And this deponent upon his oath faith, that he did not attempt to prevent or &outran the said constable putting the said John Wilkes into the mural-house, nor did this deponent ever as that the said John Rowley, the constable, should not put the mid John 'Wilkes into the round-house; on the contrary, this deponent saith. that he advised and requested the said John Wilkes to go quietly and peaceably with the said constable, which the said John Wilkes accordingly did ; and deponent further ninth that he also requested the persons who were an assembled, and who had been, as deponent believes, drawn together by the apprehension of the prisoners, to conduct themselves orderly and peaceably; and depo nent further saith that he afterwards went with the said constable, at his request, to the house of Mr. Charles Clarke, and from thence to the said constable's own house, where the said constable pro duced his appointment as his authority for having taken the said J. Wilkes into custody, front whence this deponent returned quietly home to his own lodgings, taking no other part therein than that of thus acting professionally fur the said John Wilkes as hereinbefore stated ; and this deponent further smith, that it being the time of evening when the men usually left their work, the people present assembled, as this deponent verily , believes, more out of curiosity than any other feeling, as there was no dis. position to riot or to rescue the prisoners evinced, hut on the con trary, had such been the intennon of the nsaemblage, it might easily have been carried into effect, from the numbers collected together upon the occasion. And this deponent further maids. he denies that he (this deponent) obstructed, opposed, or assaulted the said constables, or that they were, to the knowledge or belief of this deponent, obstructed, opposed, or assaulted, or that he (this deponent) had any intention to obstruct or oppose, nor does he (this deponent) believe that any intention to obstruct or oppose the said constables existed." Mr. SCAR LETT obeenwed, that on the trial of Mr. Flint, one of the constables swore that Flint said he should not take Wilkes into eastody ; but on cross-examination this man admitted he was deaf, while the other constable acknowledged that he hail heard no such expression proceed from Mr. Flint at all. The case of Wilkes was Nis : he had been prevailed upon by a person who laid claim to the estates of Sir George Jemingham, to accept the tenancy des farm, and in order to enter upon it, he had put a lock upon the gate, which the actual tenant (Picken) had taken off. When Wilkes went with them to claim his farm, the constable arrested him under the Trespass Act. Mr. J ustice RAY LEY—Wasthere no warrant? Alt. SCAR tXTT—No, my Lord, none. There migh t be a past agitation in the town, when it was known that Wil kes wasgolog to demand possession. I admit there was a great crowd, which the other panywere pleased to call a riot. The constable sbewed Ms appdntment as his sole authority, and on that alone arrested Wilkes. There were shouts to be sure ; but limy inclination had existed for resistance, there were people enough to have prevented Wilkes's arrest. " .Ind this deputient further smith, that on the following day the said John Wilkes was taken before a magis trate, and lined ten shillings for the trespass ; and notice of appeal against the conviction was given. And this deponent saith, that on the Saturday afterno o n next after the alleged riot took place, he (this deponent) went betine the Rev. Thomas Whitby, a magis trusted the county. at the County Ilall, and informed the said ma gistrate that he understood a warrant had been issued against him (this deponent) by hint (11r. 11'Itithy), and that if that was the case, he had brought a very respectable man, a Mr. Under wood, to be bound for his appearance at any time he should ap point. And this deponent saith, that Mr. Seckerson. the agent to Sir George Jerninghain (the ostensible prosecutor of 11'ilkes and the other), came up at the moment ; and the said magistrate asked if he had applied or intended to apply for • warrant against this deponent, when Mr. Seckereon told the Slagirrate, in the presence of the said Mr. Underwond and • Mr. Sellers, that he had not ap plied for a warrant against him, this derment, and did not intend to do so, for he considered there was nothing against hint, this de ponent, to justify hint in so doing : that this deponent told the said Mr. Seckerson, if he thought there was any pretence whatever of so doing, he, deponent, wished him to imply for a warrant, as it would then give hint. deponent, an opportunityofjustifying himself before the Illagistrate ; that Mr. Philip Seckerson again repeated that there was nothing to justify him in so doing. And this deponent fut thee saith, that on the Monday f Blowing he. th is depanen t, attended at the Town-hall, in Stafford, before the said Magistrates. as the atter. ney furtheotherdefendants, who were then charged, by thelawagent of the said Sir GeorgeJmiinghant. with obstructing the constables In apprehending the said John 11'ilkes; upon which occasion the said John Rowley, Robert Jones, and Richard Bridgen, the con stable% and Joseph Pickett, the nominal prosecutor, were exa mined, and stated all the circumstances of the alleged riot, but no charge whatever was then made against him, this deponent. And this deponent, ups his oath, further saith, that notwiithstanding the repeated statements of the said 511 r. Seekeraun before the Magis trates, that there was no pretence whatever to include him, this de ponent, in the charge preferred and made against the other defend ants, in the indictment against them at the following sessions, he was nevertheless included, and a true bill found ; but the trial was traversed till the Aliehaelinas quarter sessions following. And deponent saith, that this deponent, at the said Michaelmas sessions, 1f 1 13, took his teial with the five other defendant*, tinder an indict ment for a riot and rescue, and that notwithstanding the contradic tory evidence given by the witnesses for the prosecution, he, this deponent, with the said other defendants, was found guilty; and although there was no less than twenty-six witnesses for the de fence, so satisfied slid the Counsel eniployed on behalf of this de ponent and the other deferdsnts, and the attorneys and other friends of this deponent. and the other defendants, express themselves, that there was 00 eau made out against this deponent, upon which a conviction by any possibility, in their judgment and opinion, could take place, nor even evidence to go to the Jury ; that this depot. nent's Counsel, although urged so to do by this deponent, would not and did not tall a single witness for the defence, only witnesses to his character after the verdict was returned. And this deponent further saith, that such trial was not, to the best of the judgment and belief of this deponent, a fair and impartial trial, tar depo nent saith that the address of the said George Chetwynd to the Jury (in the judgment and belief of this deponent) was cal culated to excite great prejudice in the minds of the Jury against him (this deponent) and the said other defendants, and to induce the said Jury to give a verdict against the facts proved in evidence. And this deponent with, that he verily believes that the said George Chetwymi intended so to mislead the Jury, and that they were gristly prejudiced by his said althea, and induced to give • verdict unsupported by the evidence; nor did rho said George Chetwynd, the CJairman, sum up the etidence gives in support of the said indictinent, in the judgment of this dapts-1 nent, with correctness or impartiality : on the amenity, depurierit • faith that the said George Chetwyal either did not take correct notes of all the evidence given upon the said halal, or if he did. then he the said George Chetwynd did not read the whole of his' notes of the evidence to the Jury, inasmuch as the said George Chetwynd made important omissions in summing up each evidence or parts of the evidence which were most material in favour of this deponent and to the justice of the ease, particulsrl d y the discrepancy in the evidence of die two constables, the princi pal hr the !' prosecution, directly and most importantly affecting the cat* as to ! this deponent, until his attention was called to such omissions by 1, the Counsel for this deponent, and then leaving such facts to the Jury without any observation, although the said George Clietwynd had thought proper to make very strung remarks on the evidence as it appeared to bear against this deponent and the other defendants ; and this deponent further saith, that the said George Chetwynd, in stating the law as applicable to the said came, only stated the law relating to unlawful assemblies, without in any manner stating, as this deponent believes, the distinctions between assemblies merely unlawful, and riotous assemblies, and riotous assemblies with an in tent to hinder, obstruct, and oppose constables in the execution of their office, or actually hindering, obstructing, and opposing them, Sce." Mr. SCART.F.TT observed, that this statement was important, because if 51r. Flint was not convicted of a riot he could not be sen tenced to hard labour. Even by the recent statute, the 3d of Geo. IV., passed perhaps rather hastily, 51r. Flint could not have been sentenced to hard labour unless he was convicted of riotously ob structing the constable in the discharge of his duty. " And took the verdict of the Jury generally, which this deponent believes was manifestly unfair and unjust, and greatly to the preiudice of thin deponent, inasmuch as deponent ssi:h, that upon the general ver dict so obtained the said George Chetwynd passed sentence upon this deponent, not for being present at an unlawful assembly (the only law which he stated to the Jury), but for a riot, and for as vaulting the constables in the execution of their duty; for which last offence neither this deponent nor the said other defendants were indicted, nor was any evidence thereof given upon the said trial. And this deponent further imith that the sentence passed upon this deponent upon the verdict so obtained as aforesaid was unjust and oppressive, particularly as the same affected this deponent; for, al though the said George Clietwynd himself stated that there were circumstances of mitigation in favour of this deponent, yet he, this deponent, wait sentenced to the same degree of punishment as the other defendants, and to hard labour, as this deponent submits, under the statute of 3d George IV. chap. IN, and not under the Statute commonly called the Vagrant Act. 31r. SVAMI.ETT—On passing sentence. it WAR stated by Mr. Chetwynd that he would deal with the defendants equally ; but surely the difference of their conditions rendered that the severest injustice,which was Imposed upon them under the colour of impar tiality. The observation by 31r. l'hetwynd proved either the cutest weakness of judgment, the want of all ability in the exer cise of his important office as Chairman of the Quarter Sessions, or a vindictive feeling towards slr. Flint. " And this deponent I further saith, that, to the best of the knowledge and belief of this deponent, it is the constant practice of the said George Chet wynd, as such Chairman of the Quarter Sessions, to preside oft the Crown side; but this deponent saith, that on Thursday, the Itith day of October, for which day this traverse stood for trial, he the said George Chetwynd nevertheless took the chair; but the said trial having been postponed, upon an application made for that purpose until the following morning, Friday, on which day the said (I. Chetwynd again took the chair, and presided on the trial at the said traverse. And this depo tent math, that although he, this deponew, hath regularly attended the said Stafford Sessions for the last seven years, he doth not recollect or believe that the said George Chetwynd hath, except as aforesaid, upon any occasion presided in the Traverse Court, but, on the contrary, hath V!FU. • further sia with salt, and some warm meal and Valet tie? d a y : anti that, trmn I that time to about the 12th day of December he, this deponent, having been, as he believes, reported dl by the said sergeon, was allowed one pint of milk per day, in the stead of the meal and we. ter f and wnen his, this deponent's. ill health increased, he was la subsequently, that is to say, deft he had suffered about two months o f his sentence, f ur nished, as deponent behaves by direction of the I said surgeon, with about two ounces of tea and one pound of sugar, and no mere, and allowed a small portion of animal food, for the I space of three weeks, which indulgence !if such it is to be deemed I under the circumstances) was withdrawn on Or about the Ist day of January, from which period to the expiration of his imprisonment, he, this deponent, was restricted to the aforesaid gaol diet, except ing only that deponent was allowed milk instead of meal and water ; and this deponent further with, that the potatoes and salt, I which formed one meal of the aforesaid gaol allowance, were always brought into the work-room of the prisoners of the last elms, in which this deponent was associated for near the last tell weeks of this deponent's imprisonment, in nets, and deposited on die floor, anal there divided by the prisoners among themselves, there being neither tables nor other convenience for that purpose, and when so divided such pristine's were in the practice and under the necessity, as thin deponent submits, of taking their potatoes in one hand and the milt in the other, neither trenchers, knives, fork., or any other utensil whatever being furnished them therewith ; and deponent saith that during the period of four weeks and upwards. when he was as aforesaid restricted to the gaol allowance, and had no other means of subsistence of which lie could partake, but the few potatoes allowed as aforesaid, and bread and water, his stomach refusing the meal and water ; anal during great part of his said sentence, excepting the three weeks when he was ill , as aforesaid, he, deponent, was unable to bring himself to eat the potatoes in the filthy and bestial mode in which alone he could partake of that meal, independently of the quality thereof, whirl' this deponent denies to have been uniformly good, for on the contrary this depo nent eaith, that such potatoes were frequently very bad, and even unwholesome, inasmuch, that on several occasions the pri soners found it impossible to eat them, and they were actually sent back, but the prisoners did not receive either better or other potatoes or any other food or allowance in lieu thereof; depo nent further saith, that he repeatedly applied to the surgeon of the said prison, and also applied to the said George Chetwynd himself, as hereinafter stated, for permission to procure some additional food for himself at his own expense, or that his friends might be allowed to send him some portion of wholesome and nutritious food, urging the plea of this deponent's ill state of health as a ground for such indulgence; butdeposent distinctly saith, that he was refund any such permission or indulgence, and peremptorily restricted to the aforesaid allowances ; and further, that upon one or more occa. shins, when food had been sent to him, this deponent, by his friends, it was sent back again, the gaoler refusing to allow such food to be delivered to him. this deponent ; anti this deponent fur. then saith, that after he had been in confinement, in pursuance of theaforesaid sentence, for about the period of fifteen or sixteen t'sys, finding the severity with which he was treated, and the degradation to which he was subjected Insupportable, this deponent drew up a written statement thereof, and caused the same to be laid before the visiting Justices of the said gaol, of whom the said George Chetwynd was and is one; and he, this deponent, was afterwards, that is to say, on Saturday, the Bth day of November, brought before the said Justices, anal was heard thereon ; and deponent with, that upon that occasion the Magistrates present were the said George Chetwynd, Levet*, sod William I)yott, Esq. ; and when he, this deponent, began to state his complaint, he, de ponent, was told by the said William Dyott to addresa himself to the said George Chetwynd, who had this deponent's said state. ment before him ; and deponent saith, that having respectfully re. presented in the sid statement to the said .Magistrates, or to Mr. Chetwynd, so acting tor them, the nature of the diet to which he, deponent, was confined, and the w,vere treatment to which he was subjected, and urged his in fi rm state of health, and inability to perform severe labour, and observed upon the gaol allowance, and the cruelty of requiring him to exist thereon, and requested permission to furnish himself with some additional food, and to be put to labour more suitable to his ability and condition in life; the said George Chetwynd him self refused to grant deponent any such permission to procure food, or to direct him, this deponent, to be put to any other description of labour, declaring that the tread-mill was the only species of labour they then had in the gaol, and that no distinction with respect to food or diet could be made between deponent and the other pri soners, or words to that purport or effect ; whereas this deponent po elderly saith, that there was at that time several persons in the said gaol under sentence of hard labour, and also others fur non-clergy able offences, who were placed to work of a much more easy and light nature, and were not during the time of deponent's imprison. ment compelled to undergo the labour of the tread-mill; and others who were also allowed both to receive food front their friends and procure it for themselves, and other indulgencies; and among them one Garrett, who was sentenced to seine months' imprisonment for manslaughter, who was rut only allowed such last-mentioned in dulgencies, but was not divested of his own dress or clothed with the prison dress, not did he during the time this deponent was also in confinement wear any part of such prison dress. And this de.. ponent further saith, that it sou on the Monday, namely the lads November, after his being so heard b_ ore the visiting Magistrate, that h:, this depo• est, was again taken to the tread-mill yard and ordered to ascend the %heel, to which degrading punishment this deponent verily believ a he would also have been again subjected, had It not been for the refusal and remonstrances of this deponent, on account of his 11l he Mb as aforesaid and the report of the SUN gems as hereinbefore mentione d. And this deponent further saitb, that his flisnds having obtainsd information of the very ill state of health to which he, this dsponent, had been reduced by the operas don of the said pan'affinent and the mode of its indiction, as well upon his meow as his bodily powers, increased by a liver conk plaint to which he, this deponent, has been long subject, they ap plied to their family surgeon and medical adviser, Mr. Hawthorn, of Intoxeter, and requested hint to sec this deponent professionally), and advise as to the state of his ill health. And this deponent sai that on the said Mr. Hawthorn visiting this deponent in the • gaol, although deponent told the said Mr. flawthosa that he was then and bad been for sonic time unwell, the said Mr. Hawthorn did not, nor would when requested by deponent, examine him as to the state of his health, or preterite for or advise deponent profession ally thereon; but said Mr. Haw thorn informed this deponent that he, the said Mr. Hawthorn, had been peremptorily refused permission so to do, and had only been permitted to visit deponent at all in the said gaol, on pledging himself that, he would hot consider such visit professional, and would neither prescribe for nor advise deponent as to the state of his health, nor examine hint professionally as to his alleged complaint ; and the said Mr. Hawthorn wholly ab. stained from so doing." Mr. SCARLETT—Yit dis gaoler and Mr. Hughes have sworn that Mr. Flint was treated with every care and attention, and al lowed to be visited by the members of his own family. The Loan Cuter JUSTICE—I. there an affidavit of Haw thorn ? Mr. ScsasErr.—Yes, my Lord. "And this deponent further saith, that upon several occasions, when the friends of this de ponent applied to see him, they were, as deponent lath been in formed and believes, refused admittance, although they had pro cured orders of admission for the purpose. And this deponent fur ther saith, that oh Saturday the pith, and Sunday the 7th day of December last, he, this deponent, reported himself ill to the sur geon of the said goal, who, nevertheless, did not afterwards attend deponent, or prescribe fur or send hint any medicine in pursuance of such, this deponent's report. And this deponent with, that he was at the time, from the effect of his imprisonment operating as aforesaid, very unwell in health, and very weak besides, having taken a severe cold. And this deponent pinkie* denies that he did then, or at any time, feign himself ill, or pretend to be or misrepresent the state of his health to the said surgeon, or any other person whomsoever; on the contrary, deponent with, that during the wester part of the period when he was so under sentence, as aforesaid, be, this deponent was, from the bad state of his health, under the necessity of taking medicine daily, and on se veral occasions, when deponent was much worse, he was obliged, under the direction of the gaol surgeon, to take medicine three or four times a-day, and yet he, this deponent, was nevertheless kept to labour, AP hereinbefore mentioned. Mr. SC•iILETT observed, that the affidavit of the taskmaster represented the illness of Mr. Flint as a matter of fraud, feigned to avoid the hard labour to which lie was sentenced. " And this de ponent further smith, that on the morning of the following Monday the Mb day of December, he, this deponent, instead of having his cell unlocked, and being let out therefrom as usual, was left lucked hour as aforesaid. And this (lemnen! ratites saith, that, (luring • the whole of such his imprisonment. lie was treated with the great est rigour and severity, and was made to undergo the ignominious ' sentence inflicted upon him, with ehery unfeeling accompaniment of disgrace and privation that email exasperate its severity ; that he was comp:lied to wear a prison drew, restr;cted perettptorily to the I , prison allowances a. aforesaid, and prohibited, the Ugh In ill health, from purchasing or procuring anything beyond it, though he had j' absolutely fasted forty hours front an inability to eat the prison food I. put on the ground for him by the turnkey, and that while he was I extremely unwell, and had so reported 'Unwell to the doctor, no notice having been taken of such report of his dines to this depo- I nut's knowledge, or any medicine supplied in consequence thereof. And this deponent further saith, that he himself submits, that such I harshness, rigour, and severity with aihich he, this deponent, was to treated, was not called for by the nature of the sentence, or need ' @wily attendant open the due execution thereof ar occasion by treating him, this d t, in the manner required by the rules and discipline of the • prison, as deposed to in the respective affoia. vita of the said George (hetwynd, Thomas Itrotton, and William Palmer, sworn on the 29th and Ptth days uf January last, and tiled in support of this application." Mr. St ARIA:TT—your Lordship' will observe, that all these persons, in sit caring as to the mode of treatment pursued towards 'Sly. Flint, qualify their oaths by this statement, namely, that lie was not treated with more set erity or rigour than, in their judgment, was consistent with the rules of the prison and necessary • to its discipline `, Nor can such s:verity, this dYponent submits, be palliated by any circumstances attending the I unintentional columbutien of the offence of which he VIM so es aforesaid found guilty. and for which he wassentenccd, but on the contrary, the severity of such sentence was greatly aggravated in the mode in which it was carried into execution, especially with refer- ! ence to the prelim's habits, and circumstances, and condition in life ; of this deponent. And this deponent further saith, that the *eve ml and respective allegations in this behalf contained in the said newspaper, called the Beffiail e the Soli day of January last, to the purport and effect last liereinbefore-mentioned and art forth, in the judgment and belief of this deponent, are true and cor rect In substance and in fact. And this deponent further saith, that having, in consequence ofauch treatment, prepared a draft state merit, which this deponent intended as instructions for his brothr, Mn( Abraham Flint, to prepare and transmit a petition ot state. meet to he tramotitted to the Secretary of State, when, in the ab settee of this deponent at chapel, such statement was taken from among the deponent's other papers in his cell (by the task-matter of the said goal), es appears by the affidavit of the said Thomas Crutton, and by him delivered to the gaoler, who delivered it to j Mr. Inetwynd, as the said guilty afterwards informed this depo. nent ; and deponent saith, that hp repeatedly, both by himself and friends, and particularly by his brother, demanded such statement of and from the said gaoler, and insisted upon his right to make his grievance known; but the only answer which this deponent could obtain Imm the said gaoler was, that the said statement was with the said Ctsarge Chetwynd, and Ruth statement or draft was never returned to this deponent, or delivered to his said brother, or any other of this deponent's friends. And this deponent further saith,' that when, or shortly after, such draft or statement war so ab stracted from the cell of this deponent, her this deponent, was de privet! of pen, ink, and paper, which, deponent saith, might belong to the said task -master, by whom he believes they had been fur nished to deponent on his application to him, as an officer of the god, for such materials, and which, deponent saith, were the only writing materials with which he, this deponent, had had beta then supplied ; and deponent south, he very believes he was de , prised thereof fur the purpose of precluding any second attempt to make his case known. And deponent saith, that his, deponent's, friends, having subsequently delivered other writing materials at the said gaol, they were withheld from him, this deponent, until ! near the close of his confinement; and three sheets only of tho I quantity of paper. provided b y the friends of deponent at their own rly presided on the Crown side. And this deponent ._ saith, that he is informed and believes that on the said Friday the 17th day of Oetober, there wan also tried in the said Traverse Court, before the said George Chetwynd, • certain other indictment for a riot, assault, and rescue, a short report whereof is contained in the said British Peers newspaper of the 11th day of January 1824, im mediately fhllowing the report o' the trial of this deponent and the said other defendants, in which it was proved, that a most vi. lent assault had been made upon the constables, and the place where certain prisoners were put for safe custody broken open, and the prisoners actually rescued out of custody, fur which said offence the prisoners were sentenced, one to inmnsonment for three months, two others to imprisonment for two months, and two others to im prisonment for one month, and to be kept to hard labour. And this deponent further saith, that after such sentence was passed 'upon him, this deponent, and the said other defendants as aforesaid, he, this deponent, together with the said other defendants, were immediately committed to the custody of Thomas Mutton, the gaoler, in whose custody this deponent and the said other persons were removed from Clain and carried to the gaol of the said county, situate in Stafford aforesaid. And this deponent saith, that on the same day, being Friday the 17th October, he this deponent was stripped of his own apparel, and clothed in a gaol dress, consisting of • coarse stuff short jacket, waistcoat, and trousers of a dark co lour, coarse worsted party-coloured stockings, heavy wooden clogs, and a cap, being deprived of his money and other articles in his pockets. And this deponent further saith. that on the next following morning, being Saturday the 18th. after deponent was unlocked front the cell in which he had been confined upwards of 12 hours, he, this deponent, together with the said other defendants, were conducted by one of the turnkeys of the said prison to the tread-mill yard, in the said prison, and forthwith placed upon the wheel, and compelled to work the same with vagrants, rogues, and vagabonds from the time they were PO placed thereon. during the day. And deponent with that he was kept in the said tread-mill class the whole of the next day, Sunday, on which day deponent admits he was not com pelled to go to the wheel; but that on the Monday morning, being the 28th October, deponent was again, together with the said other defendants, placed upon the said wheel, and compelled to work I thereon for some time, when he was removed, together with the other delendacts, into another yard and class, called the Weaver's Yard and Spinner's elms. And deponent ith, that in the yard and class to which he, this deponent, was so as aforesaid removed, he was associated with felons, and the worst and most depraved de scription of offenders and others convicted of capital off,mena, whose sentences had been commuted. as evidence whereof deponent instances the following persons.—(The deponent then stares several instances in which the prisoners were confined for offences too shocking to be named.).—Deponent, as well as the said other de fendants, after being so classed and associated with persons of the herein last-mentioord description, was compelled to' turn and work • large fulling mill, which required four persons at a time to work the same , and which deponent found to be not only a very laborious, but also a most disgusting description of labour, and at which he, deponent, alternately' with the said other defendants, was compelled to labour during the first and part of the second week of his said imprison ment, under such sentence as aforesaid, under the order and direc tion of the task-master of the House of Correction, although during that period none of the prisoners above-mentioned were ordered to work at the said fulling mill, the said other prisoners hereinbefore mentioned being employed in weaving and spinning wool ; and this deponent further with , that daring • part of the tune he, this de ' ponent, and the said other defendants, were compelled to labour at the said fulling.mill as aforesaid ; such mill wu employed for the purpose of cleansing rani scouring foul clothes, and infectious or contagious bed clothes from the hospital, attended with circum stances too offensive to be mentioned ; and this deponent further smith. that while he was so compelled to labour at the said fulling mill, he wee informed by Bellew Cox, the Monitor or Superin tendent thereof, under the aforesaid taskmaster, that it was not usual to work the said follinganill more than one or two days in a month, although this deponent and said other defendants were so kept to labour at the same as aforesaid, and this deponent further saith that he continued in the aforesaid class (if clam it can be called) for a period of three weeks, during the remainder of which time he was kept to the wearisome, though less disgusting labour of carding and spinning wool, from the tine he was unlocked or let nut of his cell in the morning, until the time he was again locked up therein in the evening, with the exception of die time allowed for eating the gaol diet, and excepting the occasions far going to chapel, and when he, this deponent, was in mockery as deronent believes and submits, regularly taken with the other prisoners to school to learn to spell, and actually made to spell words of two syllables ; this deponent having had • the berfait of a liberal education." M-. Sc.+. Lord, expense, were 'delitiered to this deponent, and 'all further supply was refused him until he had accounted for the three sheets first de livered, excepting one sheet, which was of to this deponent under the restrictions aforesaid, and, therefore, not accepted by him, although deponent repeatedly demanded the sane for the pun. pose of drawing a statement of his grievances. And this deponent further saith, that the aforesaid county goal, and the principal offi cers thereof, are, as this deponent verily believes, and has no doubt whatever under the control and influence of the said Geo. Chet- wynd, andi particul trly the Governor thereof, who, as deponent be lieves, dare not art without, or contrary to, the will and desire of he, the said ()to -ge L'hswynal, who takes upon himself the active administration th rsof. Aid this deponent further positively saith, that he is utterly unable to account for the extraordinary severity, as well of the said sentence , as of the mode in which it was carried into ex:colon ; both, as this deponent has reason to believe, under the influe ce of the said George Chetwynd, the Chairman of the Court of Quarter S usions, and one of the Visiting Magistrates of the said gaol, otherwise than front motives of personal resentment, entertained by the said George Chetwynd against the family of this deponent, arising out of the cause stated in the affidavit of the said Abraham Flint, and the feeling frequently evinced by the said George Chetwynd„ on the subject of the claim of the said Richard Stafford Cooke, in which he is, as deponent believes, materially interested, and with which he improperly, as deponent submits, on the said trial, onnuected the case of this deponent ; and also to feelings of political hostility, this deponent's said beetling being professorially retained for • body of Burgesses in the said borough of Stafford, for which he, the said George Chetwynd, is Member, who have, by the paid Abraham Flint, instituted mo. ceedi:tgs for the purpose of disfranchising certain honorary bur. seises of the said borough, of whom the said George Chetwynd is one, and which, should the same be successful, would, as this deponent believes, render the said George Chetwynd ineligible at the corning election of Members to serve for the said borough in Parliament. And this deponent further positively axith he denies that no inquiry into the subject of his, this deponent's, case war directed by Mr. l'eel, the, on the contrary, this deponent saith, that after such petition of this deponent had been presented through 31r. Tooke, of Gray's Inn-square, the town agent of this deponent's said brother, the said Mr. Tooke received a communiestirn front Mr. nobly:mite, the Under Secretary of State, stating, that he was directed by Mr. Peel to acquaint the said 31r. 'Tooke that he had the petition under his consideration, and was making an inquiry into the circumstances. Arid this deponent further saith, that although it may be true that no official meeting of the Magistrates was called fur the express purpose, or under the direction of .lr. Peel, yet nevertheless a meeting of the said County Magistrates did, within a few days of the date of the said letter, take place, at the gaol, at whidi the subject, as this deponent bath been informed, was dis cussed.' 3lr. SCARI.rTT...--Your Lordships will recollect that it is sworn by Mr. Chetwynd that no inquiry was directed by Mr. Peel, hut that an investigation did take place, which ended in an approbation of his conduct. I will venture to say that this result would have been more satisfactory to others, and gratifying to Mr. Chctsynd himself, if it had been founded on an inquiry into the facts, and this unfortunate man, whose affidavit I am now reading, had been present to state his complaints.—" He, this deponent, not having been called upon or examined upon that occasion, and no communication upon the subject having been made to any of the friends of this deponent, lie, this de. poncnt, doth not know to what resolution the said Magistrates came at the said Meeting, nor whether the said Magistrates did at that meeting, or at any other meeting, pass a vote of appeal*. tion of the e,mdttet of the said George Chetwynd, which, if passed, hath been obtained without this deponent having had any oppoe. tunny whatever of being heard upon the subject of his complaints. or any inquiry being made into the nature of his case, or the eir cumatances hereinhefore set forth relative to his treatment while in carcerated in the said gaol, under the atiiresaid sentence. " CHARLES FLINT. " Sworn at the Borough of Stafford, in the County of Stafford, the 27th day of April. 11121, before me, "C. 11. PASS3IAN, a Commissioner, Re." Mr. SCARLETT continued—The next affidavit vas another of Mr. Abraham Flint, relating to the case of his brother, to whom he ae'ud as attorney : " Abraham Flint, of l'ttox:ter, in the county of Stafford, gen tleman, attorney at law, maketh oath and saith that he this depo nent bath read in the newspaper, called the British Press, of the sth day of January last, a report of • certain trial or indictment against Charles Flint and others, contained in the columns of the said newspaper, being the newspaper mentioned and alleged in the affidavit of George Chetwynd, sworn in this matter on the 31st day -diets the treatment to which a . Alt LETS—Thi*. gentleman was condemned, who had received a liberal education. arid was known in society as a member of the profession of the law. •• And this deponent *lath, that on the Monday after the capita tien or the first three weeks of his, this deponent's, imprisonment, under the aforesaid sentence, being the 111th day of Nov. he, this de pots, nt, together with four of the said other defendants, was again taken to the tread-mill and by the said task-master, and ordered on Me wheei,against which he, this deponent, remonstrated, aasigning as his reason tor declining or objecting to such species of labour, that he was then ill from the effects of his confinement, and the restrictions and hardships to which he had been subjected, and requested that he might be examined by the surgeon; but de ponent was nevertheless again ordered to the wheel, and upon de ponent's repeating his objections to such labour, on account of the state of his health, and appealing to the surgeon thereon, the Ramer of the said gaol came up to this deponent, and notwithstand ing he, this deponent, remonstrated as aforesaid against such treat ment, and claimed the attendance of the surgeon, he, this depo nent, was by such gaoler ordered to ascend the said wheel : And this deponent further smith, that he, this deponent, persisting in up therein, without any cause or reason being then ur previously assigned." Mr. Sca*LETT---This cell, your lawdships will observe, was 10 feet lung, by B or 7 feet wide. " And that he, this deponent, repeatedly during the day demanded to see the Governor, and to be informed thereof, and heard thereon. And deponent %soh, that in course of this day the said Governor MIK to deponent's cell, and stated, as in his said affidavit is allayed, that he, this deponent, was so locked up for improper behaviour at chapel on the preceding day : whereupon he, this deponent, demanded to be taken out of his tell, and to be heard upon any alleged charges of misbe haviour, and to have an opportunity of examining witnesses, and to be heard in his defence, before punishment was inflicted, by putting deponent into close confinement ; but the said Governor' refused so to do, which conduct of the said Governor, he, this de ponent, believes to have been illegal, and contrary to the rules and regulations of the said gaol, whit h he, this deponent, demanded to see, without being enabled to see the same. And this deponent fur ther with, that he being ill at the time of his having been so locked up in his cell, as aforesaid, anti having 50 reported himself to the he - absolutely unable_ to eat the gaol diet or al. of January last, as containing certain alleged or supposed lib. upon him the said George Chetwynd. And this deponent further Ninth that the same is, in substance, • true and correct copy of the report of the aforesaid trial contained in a certain other newspaper. called the Lichfield Aferruip, of the 3lst day of October, 18a. And this deponent further with that he was present in Court on the! trial of the aforesaid indictment, on the 17th day of October last past, and this deponent took full, and. to the best of his power, ac curate, notes thereof and deponent saith, that the said report of the said trial, so contained in the said newspaper called the Britialt Press, of the sth day of January last, is, to the best of the judg ment and belief of this deponent, a true and correct report thereof. And he, this deponent. saith, that he oath further compared this report with the notes of the evidence in the hand-writing of Coun sel on the back of the briefs, and has found the same t' be a.nect.' And this deponent further saith. that he, this deponent, as the at-, totney for his said brother, had, upon the occasion of the said trtid, upwards of fifteen witnesses in attendance, ready to have been called and examined on behalf of the said Charles Flint, if it bad been thought n...cesfary by the ( :ounsel en iployed Sy this deponent; but dr. 'MOH Allith, itwas the decided opinSin of such Counsel, in which he, hi. aforesaid remonstrances, there was brought into the said tread. surgeon, . _ was mill yard, a stone block end iron.handled hammer, and a quantity lowance furnished to him, and placed by the turnkey on the this deponent, fully agreed, that it was wholly unnecessary and use of stones, which twit... entß deponent was informed by the afore- floor of his cell, there being no other place tin that purpose, less to call any such witnnises, inasmuch as in the juigmert and said taakmaster were brought for him ; and he, deponent, was nor did this deponent for upwards of rimy hours, from he. opinion of the said Counsel, as declared and expressed to this .le thereupon ordered out of the sheltered pan of such yard into the twecn four and live o'clock in the afternoon of Sunday, until be. punent, and likewise in the judgment and opinion of this deponent, open air, to labour at breaking stones, it being a cold, wet day, in tweet. 7 and 8 o'clock of the morning of Tuesday, during which he an case was upon such trial made by the witnesses for the proseeii. the nionth of November; and deponent having reported himself was so kept in close eontinemenr, as aforesaid, either cat such don against the said Charles Flint, nor even evidence to go to the ill, and required the attendance of the doctor, for which reason the allowance or even partake thereof, nor was he, this deponent. due. Jury ; and this deponent via therefore strongly advised by the said deponent objected to such last-mentioned labour until he had been ing the whole of such period, visited by the said surgeon, nor did Counsel to call no witnesses, snit no witnesses were called by this attended by the surgeon, and examined as to the state of his health, he, deponent, receive anything front him, although deponent had, d. Moment on the part of the said Charles Flint except this deponent. and hie then capability to perform such labour. And this depo- in his short interview with the tiovemur, expressly stated his ill- aced also witnesses to character and respectability, who were clad nest saith, that he was Bluffly afterwards attended by 31r. Hughes, non, and the feet of his having reported it, as aloresaiti. to the sur- after the verdict had been re.unted : and this deponent further the surgeon ; and after he, this deponent, had been examined by germ. And deponent saith, that he several times, while so under smith, that in his judgment and belief, such trial was not a fair the said surgeon, deponent was removed from the Raid tread-mill- close confinement, requested to be supplied with a little water, and impartial trial, our did the said George Chetwynd take down yard, to an adjoining yard, to card and spin. And this deponent which was not supplied to this deponent. And this deponent far- in wrinng the evidence thereon with correetnessand impartiality ; further smith, that dining the remainder of the said term for which they Keith, that the cell he, this deponent, was In confined in, front or, if the said lieorge Chetwynd did take down such evidence with he, this deponent, was so imprisoned its afo re s a id, he, this depo. Sunday afternoon until Tuesday morning, was about ten feet long cornctness and without partiality, then he, this deponent, saith, that rent, was kept to the said last description of labour, namely, card- by six or seven feet wide. And deponent saith, that It may be the said Ileorge Chetwynd did not read the whole of hit notes of the hag and spinning wools excepting only a period of about three true, and, as this deponent believes, is die fact, that he, this depo- evidence su take:- as mint-said, to the said Jury, inasmuch as he, weeks, front the (sth day of Ikeember, until the Ist day of .la. nett, did, during a considerable part o f the Monday, keep the this deponent saidi, that the said George Chetwynd omitted same 'trey, timing which tiine he, this deponent, was so ill, that he window of his cell open, fur the purpose of ventilating the said important parts of the aforesaid evidence, until his attention was was exempt front labour, the said Francis flinches having informed cell, which he, this deponent, was under the necessity of submit. called thereto, and such omissions pointed out to him by l'onnsel,' this deponent that he had reported hint unfit for the same. And ting to the usual mode of ventilatingsuth cells, being by leaving as will appear by the said report, anti which evidence ao omitted, this deponent further smith, that front the day of his commitment open the doors and windows of the cells when the prisoners were I appeared to this deponent to be important to the ease of the said to custody, tinder the aforesaid sentence, namely, the 17th day of removed therefrom in the day-time , although he , this deponent, Charles Flint ; and this deponent further saith that the said tieorge thloner,until the 17th day of November , tieing a period of upwards was then sufferiag under a severe cold, and was otherwise very taut_ i Chetwynd, in stating the law. read to the said Jury. the law only of of tour weeks, he, this deponent, was wholly i and absolutely refused well. And deponent width, that in consequence thereof , he , this unlawful assemblies, not proeetsling to read to or itifonn the Jury permission to provide Itinnedf, or to have any other fond than the, deponent was, within a fear days, taken much worse, and during the law as to routs and riots, and pointing out to the said Jury the prison diet and allowance, consisting of breail•and water, potatoes, which time was that he, this deponent, Wll not compelled to distinction therein ; and this deponent further saith, that the said Come Chetwynd %Oleg se stated the law tithe miner dole af the offence, the Jury having returned a gonad verdict of rdky. of which verdict he, the said George Chetwynd expearang bis sa tire approbation, the said Court, by the said Osage Chotwysd, pored a severe sentence upon th e said defendants, Me thir MOW and greater degree of such came, as declared by the odd Gaillp Chetwynd In passing such sentence, namely, for a riot, and Aleasa limiting the said officers in the execution of their duty, Mhos* an deponent pith the said defendants were not bollard fano, wr o z such assault p roved • and this deponent further oath that alt It may be tide that the said George Chetwynd, ha his sonaming up and address to the said Jury, stated that from the feces Proved the evidence in his opinion on the part of the twosome& had substantiated the ease against all the defendants, bat if they thought otherwise, they would give their verdict atherdingly t end that If they, the said Jury, had any doubt of the gale of any one of the defendant'' , they would give him the benefit of that doubt. and ate nit hint, defendant, this deponent smith, that the effect of Pula iodated parly's. su selected by the said (leoegeasetwynd and set forth in his said affidavit. was wholly , as deponent eerily believes, lost upon the said Jury when contrasted with 'bestrew and pointed remarks with which the opposite view of the eue was impressed upon the minds or the said Jury by the said George Chetwyndt but which parts or tiassagen of his said addreas the raid George Chr, wyttil lial wltollv omitted in his said affidavit and chit deponent further pdsitivery, upon his oath, with, that the said summing up or charge of the said George Chetwynd to the said Jury was, in the judgment sod belief of this deponent, calculated to excite great prtjuthee in their minds against the said defendants, arid was calculated to indtiee the Jury to give a verdict other than the facts proved in evidence might require, or would warrant ; and this deponent, upon hie oath, saith, he verily htlieves that the said George Chetwenti intended, slid did thereby endeavour to pretudice and mislead the said Jury in coning to a conclusion and giving a verdict upon the said eve. dence ; end this deponent further said, that the said Chairman, in commencing his charge to the Jury, o bserved, that they ought to lay entirely out of their consideration 1111 questions sod disputes be. tween the Con'gcs and Sir George Jerninghamt—they I the Jury) had nothing to do therewith, and must confine themselves to the indite. rnent ; yy •t. nlverthelema, the said George Chetwynd, in the coons of his address, addressed the Jury on the subject of the 'illegal offence for which one John Wilkes was apprehended by the con - s'ablet at the time of the alleged riot, and which was connected with MIA claims anti disputes, and improperly, es this deponent submits, appealed to the feelings of the, said Jury thereon, and also followed such appeal by a summary of the hush and violent espies . sions attired to have been uttered among the anted upon the ottea- Mon, although the same were cot, in the lodgment and Relief of this deponent, proved to have been intended for or applied to the said constables ; but in one instance the contrary wan proved, as appears by the said report, and throughout the whole of sat sh address the said George Chetwynd did not make any remark or ob servations upon the evidence favourable to the defendants or any of them ; and this deponent further with, he verily believes that the staid summing up and charge to the said Jury did greatly prejudice the minds of the said Jury, and that the sad Jury were iufluenced thereby, snit induced to give a gene ral verdict, not warranted, as to the said Charles Flint. by the evi. dence given against hint. And that the said defendant, Charles Flint, WAS thereby, in the jusigiuent and belief of this deponent, ' deprived of a fair and impartial trial, which had he, the said dela dant, Charles Flint, and thin deponent verily believes and submits. that lie must have been acquitted. And this deponent further saith, that he does not believe but denies, that in the judgrtait and belief of this deponent the said George Chetwynd acted upon the said trial honestly anti impartially in the discharge of his duty, or that he was actuated only by an anxious desire to discharge tna duty required upon that Occasion. On the contrary, this deponent smith he hath every mean to believe, and duth believe, mat the said George Chetwynd has long entertained vindictive and hostile feelings towards this deponent, he, this deponent, having consci entiously. in the discharge of his duty to his own clients. im peached, by observations and otherwise, the correctness of the con duct of the said George Chetwynd, as a Ca' mmissioner of Bank rupt in a Commission under which this deponent wee the Soliatur, and out of which various hostile proceedings were instituted in the Court of Chancery. anti also having instituted certain criminal proceedings, particularly against one fleorge Emery. who was ulti mately convicted, hut who having violently resisted the officers in the execution of their duty, thereby caused an affray, in which this deponent in self-defence struck a woman engaged therein a blow on the hand, for which this deponent was indicted, and sen tenced by the said George Chetwynd to six months imprisonment, and a fine of IDOL, but which line was remitted, and the remainder o' the sentence abrogated, by the proper authorities, which said vindictive feelings were, as deponent believes, further exasperated by . the refusal of this deponent to make certain alf/CelL4ollll and ad missions required of him by that said George Cheney's& of the impartiality of the said George Chetwynd upon the trial of this deponent, and by the publication by deponent of the trial of the said indictment for the aforesaid assault. And this deponent fur ther solemnly and upon hi. oath saith, he cloth verly believe that the maid George Chetwynd was, upon the trial of the said indict ment, and In the sentence passed upon this deponent's brother, actuated by such vindictive feelings towards this deponent. And this deponent charges the sentence twit, inflicted under the power given to Magistrates under the very late Statute, and particularly the mode in which it was carried into execution, with the inflietUn, as this deponent believes, of every disgustioig and degrading de scription of labour that could aggravate its severity, as pregnant evidence of the feelings of the main George Chetwynd, and of the mot:ou by which he was actuated throughout the prosecution and punishment of this deponent's said brother. Sworn at Um - meter aftwataid, the 27th day of April, 1821, before nie W. Warren, by Commission." Mt. SCARLETT--The deponent states that in his opinion it was not necessary to produce the evidence In his brother's defence, because there was no evidence to go to the Jury. I agree to admit that in my opinion there was evidence to go to the Jur-. Never. thele.s, in declining to cull the wetties.es. my Learned Friend, Mr. Ryan, acted precisely as I should in the same situation ; for though the words sworn to by Rowley were sufficient to carry it to the Jury, yet looking at the whole of the case, I could never have supposed thut any Jury would hare found such a verdict. I ap. prove entirely of my banned Friend's conduct. because on reading the report 1 see that I should have expected that Mr. Flint would Aare been acquitted. Mr. Abraham Flint states no his solemn oath, and I allude to it reluctantly, that in his opinion Mr. Chet wynd did intend to mislead the Jury by his summing up. He states that Mr. Chetwynd appealed to the feeliugs and prejudices of the Jury; and he observes very properly, that that appeal, actuated as they were known to be at that time, by party, was an evidence of the partiality which Mr. Chetwynd professed to avoid. Mr. Abraham Flint also refers to other reasons for the want of im partiality in Mr. Chetwynffs conduct. Ile alludes to the proceed togs under thoCommintion of Bankruptcy, which, indeed, are even now depending in the Court of Chancery. The Loan Came Jc STILE-11e refers to the matters in his former affidavit ? ABRAHAM FLINT. —..—..- Mr. SCAILIETT—Me swears that those matters operated to TWO-. (hoe vindictive feelings towards himself and his family. There are several other &Suttees confirming these as to the mode of 31r. Flint's trial, the • g up of the Chairman, and the apparent feeling that was displayed throughout these transactions; but I will not trouble the Court with them, and will only read iliac of Mr. Hawthorn. " John Hawthorn, of littneeter, in the county of Stafford, sur geon, makerh oath and saith, that he (this deponent) hath fier many years attended professionally the family of Mr. Abraham Flint. of rttoseter afireaaid ; and this deponent further smith, that, in the , month of November hat, lie (+his deponent) was requested by the said Mr. Abraham Flint to visit in his penfesaional carmen, bin brother Mr. Charles Flint, at that time under confinement in the county gaol. And thin deponent further tialth, that in purulent of Such rt quest, he (this deponent) did, on the Ist day of Nolen , bey aforesaid, go to Stafford, and waited upon Mr. Francis H ophes, the surgeon of the said gaol, and informed hint of the ohject of his (this deponent'.) visit, and repeated that he niig'it be per- I mitred to see the mud Charles Flirt. to which the said Alt. Hughes objected, hot stated that he would go to the said gaol and 'peek with the U tverrior on the subject, and asked this deponent to go with him to the said Governor, which this deponent deelinet, but sad he would follow the said Mr. llitglies to the said gaol, haring 'to see some persons in the town. A nil this deponent will, when he strived very shortly afterwards at the said gaol. he was shown + into the (lovernor's °dice, where he •' this deponent) found the said Governor amid the said Francis Hughes together, and immediately on his (this deponent's) entering the room, the said Goverose warmly addressed this deponeri on his having no requested per - I mission of the said Francis Unglue to visit the said Charles Flint ernfesnionally, which the said Governor, is the presence of the said Francis Hughes, refused to permit, or to suffer this deponent I to see the said Charles Flint at all, unless he (this deponent I would pledge 'Unwell that lie would not consider sudt visit -toe sum. ally, and that he would not examine the said Cheers Flint as ii the state of Ida health or his complaint. and that he would n tither advise with him nor priscrilse for him thereon, which liner time i discussion, occasional by this deponent's endeavoutnig to obviate die objections and the restrictions under wilco it was proposed to I confine this deponent's visit, he it... deponent) was obliged to ; submit to, and did accurtlinAay p 1 elite himself as required by the said Governor, and give hia word to the said Francis fltiehes that he in uld not examine the said Charles Flint nor advise him pro ' fesaioidly, nor would he (this depteteet) consider himself as visit ing the said l'harles Flint in his professional raity. And this deponeot bather faith, that he (this deponent) tattitre, admit% it to be true that he was allowed to see and remain with the said (herbs Flint for some time, though not for any considerable time, and was upon that occasion attended to the said prison by the said Francis Ilughea ; yet he (this deponeat) positively denies that the said l'harles Flint hid 'spin that occasion a full or any opportunity of consulting with this deponent, molted he (this deponent) • full or any opportunity of consultive with or advising the said Charles Flint. And this deponent further with, that he wee not then, or upon any other occasion, consulted by the said Charles Flint upon the state of his health. nor did he (this deponent) examine, consult with, or advise the said Charles Flint thereon, but on the contrary, dep'neot each that he iefornied the said Charles Flint, who did attempt, and appeared anxious to consult this deponent, that he (this deponent) was so restricted as aforesaid, and that he had 11 pledged his word not to do so, nor in any manner act sir consider such visit pnifessional. And this deponent saith, that he (this deponent) dud not remain with the said Charles Flint longer than ,! the space of ten minutes or a quarter of an hour, during which .; time nothing whatever passed on the subject of his alp illness. "J. IIAIVTHORN. " Sworn at littoxcter. in the County of St.dford, the 30.11 day of April. 11121-11.40 re me, T. Rt•sn T us (By Commis/6mm — MT. SCAIMETT then proceeded to read a report of the trial, which was ►warn in hitt affidavits to be faithful and correct and not denied by NIL Chetwynd to bran in any part of hi. affidavit. The only resistance that appeared to have been (deed wss st.ued by ot.s of the constablos to be, that he was pulled by the sluts of his w►.