The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1860-10-23 00:00:00

DORSET MICHAEL3IAS SESSIONS.

The Michaelmas Quarter Sessions for the county
of Dorset commenced on Tuesday, the 16th inst.
There were present :
The See. H. F. Y , (Chairman).
The Earl of Shaftesbury. M. S Festoon. Esq.
Lool Portman. George Cartwright, Eeq.
Lord W)ufurd. John Du Boulay, Esq.
The Hon. W. H. B. F. E. Bourne. Esq.
C. J. Parke, De in
The
:ha
e lion. W. M. Draper G. Whieldun, .
lint. D. F. Grant ton,
Esq.
J. Mowlem, Esq.
R. H. Swaffleld, Esq.
J. F. Falwwiser, Esq.
—• Boucher, Esq.
A. B. Foder, Esq.

( Sr 'William Lockyer
Frev.tun. K.C.B.
Roliert lionlon. Esq.
J. J. Fuquharaun, son.,
John Floyer, Esq.
_

J. ff. (Verdi, }.;11,
Hwy Frampton. EN.
W. P. oke.len.
Augustut Fe.ter. EN.

J. Goodden, EN:
H. C. Goodden,
0. W. Ferrer, /E.g.
Middleton, Emil.

Eil:snl Wad,q.
Mijor Storsril.
H..rtiers Williams, Esq.
('Ol. lialet.

3. Hansel, .
J. C. Manse!. Emul.
G. J. Manuel.
Revds„o. P. Caubtidp.

Esq.
Jo..l.lloundry. Esq.
IS 'quills P. Gundry,
J. Tsicliell Bullea, Esq.
B. Alks, Esq.
T. B. Haulms. Esq.

" H. Bower.
" J. T. Hinds.
" J. H. Austen.
" H. Boucher.
" Arthur Pardee;
" J. Blennerhasset.

EMIT OF THE VISMNO JURTICIS.

Captain FoSTER, in the absence of Mr. Porcher,
boinglit up the report of the Visiting Justices.—Three
female trainers had bees removed to the Devon and
Ex. ter Reform itory Schwa!, smil one buy to the Roman
Calsolic Reformatory School at Lrook Green. The
sum of £217 18s, had been received fur the maintenance
of naval an.l military prisoners. The number of
prisoners in custody was 104 males, and 13 females.
In the infirmaries, three males. In custody for trial
at these aeasions, 15 wales and two female. ; on bail,
three males—total for trial, 20. The number of
prisoners received during the quarter was 184. being
46 more than the co-reapontling quarter of laid year.
The daily average of prisoner* for the quarter had been
107 males AlO 17 females, being an increase of three
females and 23 males over the corresponding quarter
last year. The punishmentai during the quarter hail
been 17. The dithurseinents of the iplarter had been
/WO 10s. 7d., being an increase over time corresponding
quarter of 1."228 Is. lid. The average price of %hi at
during the spatter had been kls 10s., being £3lBs. 9,1.
po• load snore than last year. The price of bread lid.
per lb., last year lid. The cost of maintenance per
bead of the prisoners was fir. sal. The coat last year
per head 7s. 24., being a decrease of 9d. per head this
year.

Captain FORTER moved that the report be received.

Ti. LASti "IN Tilt COUNTY GAOL.

Mr. GORDON called the attention of the court to the
returns made tn the Howse of C from each Gaol
and House of Correction in the United Kingdoni, .4 all
cases in which corporal punialinient had been inflicted
by order of the visiting justices for the Dalt three years.
Ile stated that his attention had been called to these
returns, and when lie came into this county he found
tat one or two of the local journals, as well as some of
the London press. had taken the matter up. Ile natu-
rally felt strongly on the subject, and he had beim
jeered by mune of hia friends in London, who said,
" What pretty fellows you are in 1 Sonietshire ; why you
are always doing something or other wrong." When lie
came down he told his excellent friend, the Chairman,
lie thought it desirable the whole question respecting
the mode of inflicting corporal punishments should he
brought before the Court of Quarter Sessions ; and
with that view lie gave the notice which appeared on
the 4.genda. By referring to the returns in question, lie
lotind that the number of prisoners who Lad been sub-
jected to corporal punishments in the whole of the
gaols in England and Wales during the last three years
793. Of these 417 were ordered by Judges of
A•dzes and Courts of Quarter Sessions, leaving .176
upon whom con oral punislim-nt load been inflicted by
order .4 Visiting Jusiices. tit these IS were above 30
years of age, 2 alsive 40, and I above 50. One of the four
above 40, sod the one chore 50, were punished in Dor•
luster gaol. There were four prisoners in England
and Wales who received SO lashes by order of
VnitMg Justices, and one, She highest number inflicted
in auy prison, 72. One of those who received 60 lashes,
and the site who received 72, was also at Dorchester; an
that it appeared that the idlest prisoner flogged and
the most stripes given were both at Dorchester. Now
1..- thought that this reflected rather strongly upon the
e"ahlv, awl hue had therefore thought it advisable to
I'm; the mac before the Court. He might remark
lhal, although this was is return for England and
Wales, there was no flogging in Wales by order of a
Vejting Justice ; while in Scotland and Ireland the
law did not permit it. In England, the law did permit
it, hut the law WU nevertheless rather strict upon it.
It perinitteil the go, ernor 44 the gaol, on his own autho-
rity, to inflict certain punishments for disobedience and
insubordination—sin la as short allowance, solitary gon-
g:snot-id, additional work, or, accazilitig to a curious
.Iv,rni in the Act of Parliament, he might place them
an underground apartment." He supposed that the
legislator. did not wish to offend ears polite by using
the term "black hole," sod the term " underground
anartnirtit" WAS used. (Laughter.) He did not know if
abv of his brother magistrates had been in the black
h In Dorchester gaol. Ile had been at the nom:, of it,
arid Lel seen a man brought out of it, but he did not
kn.., of any gentleman having gone to the bottom of
il• They all ktiew what underground apartment* at
c [lege were. When at Oxford he himself lived in an under-
ground apartment, and aervvnta in Loudon bred in
a"d,ground apartments ; but to call the black hole in
a foul an underground apartment wax a rather delicate
taro, Hut with regard to corporal puniahuient, that must
be indicted only by order of Justices ; but if one imams
akin. nniered it, the Act directed certain forius to be
'deemed, such as taking evidence upon oath, therehy
es-ming to imply that one magistrate should not take
aPou himself the responsibility when other magistrates
aid also he called in. H.! had not brought forward
thli question with a view 14 throwing blaine on anyone,
hat merely that it might be conaidered by the Court of
kollarter Scabious.
Foam could not understand exactly the
Ilr. t.a, am had in bringing the subject before
!f+ Court, for had he applied to the Visiting Justiceb
ha 'swat!, no doubt, h•ve found that the punishments , ordered were necessary an I deserved. There were the
prison records to appeal to, and from (bees it could be
shown that no dogging had been resorted to without
Previous warnings. (Mr. H. WILLIAMS: Without
Previous prinishinenta.) Without us previous warnings and
Rahishwenta. There had been but 5 punishments during
the nitre years embraced in these returns,, and one of then
yta
ntl' onlered by the Court uf Quarter Scs-dons. Of the
ar 4 ordered by Visiting Justices, on• wa• a man,
Y,art
6.
ward if age, who behaved so badly that other
ersto had to be called to the officers' assistance, and "4 Puilialu'd ilimediataly. or the whole of the
pnwiners would have been upon the gaoler. Another
third ii intl for inaolence and insubordination, and a
or ins.ulenca, refusing to work upon the 7 wheel
I,aol.ria‘gi Ind openly defying the officer before the
toe lasioaal prisoners in his ward, lie had been
.vy warned and punished, and being brought
°afore the Visiting Justices, he warn told that by a
"Pet'Uon of a• el
conduct Ise would get a whipping.
4nick °Author Runner' OM the head altar this

caution. No. 4 was dogged for dieordetly conduct,
Insubordination, and throwing is brass plug at one of the
. warders. These were all men of geeeral bad character,
and he slid not think there was much cause for com-
plaint about their harshness to the prisoners. Dorset
lout lid only fotir floggings slut mg the three ycar.,
whilst in Lancashire there were 108, in Northumber-
land 99, in Staffordshire 78, in Cheshire 46. and
in Y rksliire 15. Had Mr. thirslon inquired of
the Visiting Justices, into these circumstances,
lie was sure lie would have been satisfied with
the explanations given ; but they were much obliged to
him for bringing the c.se forward, as it 'nat.:est then,
to explain their conduct, and to correct any mistake
,lust had been made, as one or two of the local papers
had been very violent and ahudie in reference to it.
Lord Putentex thought the Letter way would be to
move that, in compliance with the rules of the gaol,
the governor be calis•d before them to explain, whether.
if in any case, corporal isunislituent had been "Isl.:red by
one justice only, and if no, whether evidence in
uceorilance with the Act had been taken upon oath.
He hail inquired into the subject, and if he had been
rightly informed, he thought the can. ought to be
investigated, lie therefore moved that according to
the rules of the Court the governor should be called
before them and examined upon oath.
A magistrate asked if it was a rule of the Court.
The CH.IIIIII.IN said it was one of the gaol rules, and
was founded upon the 42nd section of the Act of Parlia-
ment.
•

Mr. GORDON said he had mentioned to the Clerk of
the Peace that notice had better be given to the
givernor of the gaol to attend, hut he said it was not
neeeoary, as lie WWI always in attendance
TL Cbteg of the Peace explained that it was not
necessary to give notice in the advertisements. The
governor was always in attendance, and therefore it was
Lot necessaly to desire his presence.
Mr. Lawrence ulta then called in, sworn by the Clerk
of the Peace, and examined by Lord Portman :—Are
von cognizant of the return wade to the House of Com-
mons in reference to corporal punishments in the gaol of
Dorchester ?—I am, my Lord. Is that return correct in
stating that the punishments were ordered by Visiting
Juatices?—lt is, my Lord; they were made by Visiting
Justices, but only one was present at the time. I ask
the question in the plural, because the return is
" Visiting Justices," Was that so ?—Yee, my Lord. I
stated in my return "Visiting Justices," because there
was more than one ewe. The punishments were ordered
by more than one magistrate, but only one magistrate
ordered each separate punishment. Was there any one
case in these returns where more than one magistrate
attended to the case?— I don't understand, in) Lord.
I'll take the cases separately. No. 1 was a man ased
46. Were two magistrates present when that punish-
ment was ordered ?--No, my Lord. Wee therelllllV other
occasion when two magistrates were present?—No, my
Lord Were the parties examined on oath before the
infliction of the punialiment?—l cannot now say ; in
one case I am positive such was the Case ; I cannot now
speak with respect to the others. In the ease No. 1,
would not the minute in your journal show whetLerornot
it was so ?—No, because the order is made in the minute
book of the Visiting Magiatratea, and I do not enter it in my
book. The Visiting Justices snake their own tes
in their own book. Would their book allow this ?-1
cannot state, my Lord, whether the words, "taken on
oath," appear in their hook? Have you the cue-
tatty of their book ?-0 yes, my Lord. I know
that the orders for punishments appear in their book,
but I cannot state the particuler words. In case No. 1,
it appears the prisoner was warned be would receive
corporal punishment if be did nut alter his conduct • is
that in ?—That is the case of • lean who was first
punished by me alone for insubordination. The punish.
Went was bread and water for a day. The next time he
was insolent, and refused, before the other prisoners of
that ward, to work on the wheel, and I brought his
case before the Visiting Magistrate, who ordered lii,,i to
he flogged if lie still behaved badly. That was Tues-
day. The next day the prisoner was more abusive than
ever retuning to work, and openly defied the offieer. He
was then fleg4ell. Did you inflict the punishment with-
out bringieg the ease before the Visiting J ustice agaiti ?
Yea, I considered that the authority I haul already re-
ceived was sufficient. My instructions were, unless lie
improved lie was to be flogged. He did not improve,
but got worse, and I conaidered I had to obey my orders
and inflict the punishment.
Lori PORTMAN : That is nifficient. If you wish me to
go on. I will, but here is • decided violation of the law,
aml of the rules of the gaol. Here is a man punished
without any legal authority whateser. He is first of all
refractory. He is then told if he dues not amend his
conduct lie will be flogged. He doe* not iin-
prove, but gets worse, and then, without being
brought before a Visiting Magistrate spin and the
parties examined on oath, as required by the rules, he ia
flogged for this last offence, of which no visiting niagie-
trate knew anything about. This was plainly opposed
to, end a defiance of the law,

Mr. H. WI LLIA MS XXiti the order given to the
governor WAX A contlittonol order ; soil with regard to
the rule reopecting examination on oath, he took it that
it was permisoive not puloory.
Lord l'oa lii AM bald that it hod been plainly shown to
the Court that corporal punishment hail been inflicted
in the gaol without an order, unless the emolttional
order COIIIII bs construed into on order by the Votiting
Juotite ; but the law, in order to protect a prisoner
from a cast- like this, oaid. 'the prisoner should be
hoard in exploitation of the charge brought egoinot him."
Flit here lie WAX not IMAM, as the very offence for
which lie was punished had never been charged against
him. He conoidered that a very grave offence bad
beell committed, mid that Mr. Gordon had done the
county good service in bringing the case before the
Court. The greatest care should be token in future
that no person 11110.11.1 he flogged unless every cordition
specified in the Act was complied with by the Vis.t ng
Justices. It seemed to hius exceedingly strange, that
with such a multitude of Justices living about Dor•
cheater, the gaoler should think fit to send for only
sonic one particular magistrate when lie had a com-
plaint to make. And he should also have thought
that one justice would not have consented to act alone
in the matter, especially as every modern Act of Par.
Lament, not only was flogging not allowed, hut alien
the question was before Parliament the Lord Chan•
cellor and the other great law lords refused to trust the
power to hard labour even in the hands of a single
justice. And now it appeared that the gaoler had
flogged a titan upon the conditional order " that unless
lie improved his conduct lie shoul Ibe flogged." The
Court ought to take caro not only that ouch conduct
should not be repeated, but also that an order ohould be
made thxt no iii sonar should be Bogged by order of one
inagiotrate •lone, else they might expect to have
similar cases as the present at succeeding quarter
sessions. They ought to take care that they lid not get
the Dorchester gaol into a kind of Neapolitan repute.
He now would ask the gaoler whether there had been
no corporal punishment infli,ted during the past
quarter!—No, my Lonl. I think not.
Lord YOMTM : None in July ?-0 yes, I believe
there was, too—a boy was flogged.
Lord Pottrtiox continued: There was no mention of
this before the Court, and, indeed, on slight was the im-
pression on the mind of the governor that lie seemed to
have forgotten all about it. He would now ask —Was
the surgeon present at these punishments?—Yes, uiy
Lord.

Lord PORTMAN By whose order ?—He did not know
by whose order, hut such had been invariably the case
since lie had hewn at the prison.
The Rev. G. P. Cannititoik said Mr. Gordon had in•
troduced the subject in A very light strain, hut it was a
serious charge made against the gaoler. He believed
that it would be utterly impossible to manage the gaol
at all according to his lordshii.'s plan—that • rualli was
not to be punished till all the Visiting Ju‘tices had
been sent to, even in an extreme ewe. He knew that
sousclitue since, there was •pprehension that a serious
riot would break out in the gaol ; and should they exit
till it might he necessary to call in the military before
they quelled it or resorted to punishment ? They
found that one man had had an opportunity by the
kindness of the Visiting Justices, of escaping punish-
but lie did not choose to adopt that line 4,f con-
duct, and it becaine imperative that the gaoler should
take notice of it. It was sometimes very difficult to
call in Visiting Justiees; and the Act stated any such
Justice, or any acting magistrate may inquire on oath
and determine, thus showing that it was not hold,
pensalile for the ease to be heard at all by a Visiting
Justice.

Lord I'mm...if: If • Visiting Justice cannot be found,
then any other acting niagiatnite way hear the ca..
upon oath. . .

Mr. Ca MBRIDGIL believed that the great offence was,
that the wan was punished by the birch Matted of the
1.11. The birch, no doubt, was rather unpleasant, rather
annoying, and very degrading. One main said lie would
not have cored if they had dogged him like • man, but
he did not like to be flogged with • birch, like a boy.
Much stress had been 'cid on the fact that the oldest
man had been dogged and the greatest number of lashes
had been given in the Dorchester gaol, hut he thought
that was from I hirsetaliire being or unfortunately cit.
cumetanced as to have some of the greatest rascals,
as old rica, in it. fie believed the chaplain would tell
them, title were present, that he had at present in gaol,
a man at CZ, who Was une of the most hardened and
degraded rascals that could possibly exist, and who had
given the greatest trouble to the gaoler. They also
laboured under the disadvantage of having a large
number of the very worst characters from the fle •t.
Ile bore his testiinony to the humanity of their gsoh•r,
and the excellent way in which he conducted the revile,
tions of the prison He hat visited this gaol during the
period of their several governors, and lie had visited
many other gaol. iii different tarts of the cimintry, and
lie was prepared to say that • better gaoler than Mr.
Lawrence he did not believe there was in the country.
Lord YORTM AN said, they were not reviewing the con-
duct of the Visiting Justices,aa that court had no power
Over the magistrates, and say hue!' and such a magistrate
shall do this or that. They had no power in law—no
right to it,, it. Inier purrs Itellir eel perrelue. Hot no
magistrate could pass an extra-judicial *entente and
indemnify the Roeder. They could not take cognizance
of what a magistrate did—the prisoner might do SO.
What the magistrates had to do was, to take care that
the circumstance should not occur again, by laying down
rules which the gaoler should be required to obey.
There was • tendency in all modern Acts of Parliament
to do away with corporal punishments, and the cry of
the court was, to do all it could to cheek corporal punish-
meta in Dorchester gaol, and especially not to allow the
indiction of corporal punishment for an offence whick ,
had never been he ird.

Mr. CaunnilMif : This ease wan heard.
Lord "'main iti The case of an insubordinate man
was heard on Tuesday, bet the putii.hment was for an
Offence which took place on the Wednesday following.
and of which the Visiting Juntice, who threatened the
man, knew nothing. A man could not be tried and
sentenced for an act proeipectively—before the offence
was committed. If a magistrate had told a man who
had committed an offence, unless you change your con-
duct and are a better man —if you steal turnips to-
morrow you shall be puninheil with hard labour,"
should that man steal turnip the neat day, he could
not be placed in gaol and punished before the,
new case WWI tried. Ile felt so strongly in reference
to the matter, that to relieve his own mind, he
would inove the following resolution Whereas it
appears to thin Court that all the cases of corporal
puniahments cited in the returns to the House of Com-
mons an having been inflicted by the order of the
VWiting Justices of the gaol of Dorchester, were ordered
by one Vini,ing Judie. ; and where an it appears that the
order in No. I was not made in acconlance with the
provisions repaired by the statute, this Court renolven
and orders that it be an instruction to the Visiting
Justicea to report to the neat Court of Quarter Ses-
sions the particulars of every case wherein personal

' correction lois been indicted, when the order k made.hy
one Visiting Justice; tod ill each an e:.planation
shall he given of the circumstance that obliged one
Justice to licar the eke alone ; thst an order he given to
the gaoler to icuil waits: to all the Visiting din:tics:l when
lie line a c.v.e. to Isy before them under the 4th chiuse if
the 10th sect" of the gaol rule,' : that no corpuril
puninliment he indicted, eticept in the Kea. :ice of the
surgeon ; that an outer be given to the surgeon to
attend all eases of corporal punishment a iien
required by the gaoler to to do, and to leave to his sine
cretion as to the continuance of such punishment,
although the number of lashes ordered had not been ill•
dieted."

Captain ForrrMt thought that by the adoption of
, this course the public would suppose the gaoler lull
been guilty of a great misconduct, while, at least, if
anything had been done wrong, it was only a misappre-
hension. In sine case a mui woes caul; al, and he
profited by the caution. In this, the man did not pro-
fit by the campus, mid the gaoler acted upon the
instructions given him he mie of the Visiting Justices.
It certainly might be a nitaapprehension on the gaoler's
led, but he (Capt. Foster) could not say Ise had drum
wrong. He CM!, I not we why they should wish to
make it as difficelt as possible, for one justice to visit
caws of insubordination with puilishment.
The CHAIRMAN said the Case before them was one
deserving the serious considerati tttt of the Court. The
question had arisen (coin the circumstance that one of
the influential public_paisens hail male reflections upon
the conduct of the visitino' Jowl, ..f "1
I Dorset, showing that they hed Milord ii more idAlies than
had been inflicted in any other god itm the king,im,m,
and upon older perm...ill than in ally of th.. *eyeful
other gaols. tie Apprehended that there would he tio
eurprise that the Visiting Justiees of this county, a large
sectioti of whom were preeent, should feel a weel deal
of susceptibility on the clittrze beim: made, toured and
reechoed sus it had been by other papers of conaiderable
circulation ; and it had appeared by several of the t
experienced justices in the comity, being isensible of the
honour and decorum ef the county, and the right ads
ministration of the law, that an inquiry should be insti-
tuted whether these chargee were fouismied in Coqs er
not. Now before lie adverted hi the case Ile would
direct their attention to the 4th George 4, c. 64, sec. ZI.
the Great Gaul .tet, wherein power was gieen, first of
all to the gaoler, to deal with refractory prisoners. He
might confine them for • period not execeslieg three ,
ski's, within which time lie was bound to call in the
Visiting Justices to require if furties punislinient Ass 1
necesocry. Assuming that two or more Vi-itmg Justices I
were present, the law assumed " that in the multitude I
of councillors there was wisdom :" but if only one I
Justice were prevent, the law would not entrust the
imwer to him unless he should go through certain
formalities, otherwise we should arrive at the Adam:tie
thine period. Bust lie (the chairmen) must go one step !
further. lle did not think the report of the Visiting
Justices sufficiently clear and precise. The statute
enacted that the Visiting Justices should lay • report,
in writing, before every Court of Quarter Sessaiona of
the state and condition of the prison, and of the dieci-
cipline and employment of the prisoners ; and the
Court of Quarter Sessions had to consider much report,
and to act accordingly. Thus the Visiting Justices
were placed under the overriding power of time Quarter
Sessions, that if anything were wrong, there might lie,
iii time to come, an avoidance of it. But all the report
they had from the Visiting Justices at this Court was
their own minute book ; and was this • full and dram-
statitial report of the discipline and eiuployment of the
prisoners? The fact that 011 e boy haul been dogged by
order of the Visiting Justices did not appear in this
report. The magistrates hail no knowledge of any of
the floggings ordered and carried out in the gaol of Dor-
chester, till they saw them in the Perliaineiltery returns.
He, therefore, thought this report ought to give a par-
ticular accoant of all punislimeuts, because, if the Court
slid not know the circumstances, it could not administer
the overriding power with which the law invested it.
With regard to the great principle wider discussion,
there could be no doubt that the framers of the statute
acted with an ensuing amount of discretion in investing
Absolute power of corporal punishments in the hands of
all this Visiting Justices, Isecause there were some men
of the most profligate and hardened character whose
nature% coulsl be eubdued only by the iron anus of cor-
poral ponialiment. But there was a vast number f
modes of aslusiniatrating discipline besides corporal
piniisliments, as would be seen by looking through the
returns of other gaols. li, consequence of the returns
made front the Dorchester gaol, lie had received • large
number of communicat. from friends of his in dii
ferent parts of the country. From the statistical return
from the great Gaol and House of Correction in Mit'dle-
isex, in which men of the riled habitss and of the most
profligate and insubonlitiate character were confined, lie
fonnd that in 1856, 8.690 (wrscnis were dealt with, in
1857, 7,057, in 1854, 7,018, and in 1859. 6,599. And
how many of thew were flogged? Notie. Two were con-
fined in cells, and 147 were ',entailed with solitary con-
finement, stoppages, Lc.; in 1857, only 2 were whipped,
1858. 1 only, and :n 1859, there were only 5, thus
showing that in the largest gaol in the kingdom, where
persons of the very worst characters were confined, out
of 29,495 prisoners, 8 only were whipped. From a
letter he lied received from Mr. Mclntyre, of Bury St.
Edmund*, it appeared that the form of whipping in that
gaol was on the back, in the presence of • surgeon. and
the number of lashes 211. During the present
governor's appointment. 16 years, only 3 prisoners had
received corpond punishment by order of the Visiting
Justisass, and the last was 12 years ago.. In the year
1859, there were in all the gaols in the kingdom 126,861,
and the returns showed that punishmenta were died-
nished in severity awl amount ; 55 were whipped, 1,188
laced in military cells, 3,898 stoppage of diet, and 2,161
forfeiture of privileges, making a total of 8.109. The
remarks of Mr. Redgrave on this subject was, that the
aggregate in all the prisons barely exceeded one punish.
anent a day, and that of a very light character. He (the
Chairman) W. CORVITICed that nothing could be lost by
their inquiry that day. They had shown that they were
cognizant, that slay. for the first time, of the circum-
stances under which the punishments, which lesl to the
discuwion. bad been inflicted ; all that they hail previously
known was by the comprehensive term, "the !smasher
of punishments this year 40, increase 29,' but no clue
was given what the nature of such punishmenta was.
As a public body they were not afraid to meet the charge
Vett had been brought against them by the editors of
the public papa us, for, as had been shown, they were
not cognizant of the Nets.
The report of the committee was then received and
adopted, oind on the resolution moved by Lord Portman
being put by the Chairman, 28 hands were held up for
it, and not env n•ii..t it.

Mr. H. Wii.uriAns said that the record of corporal
punishments in the gaol of Domheater was indeed a
bloody record, but he was happy to say there had been
a grvat improvement of late years—the punishments
being much lei. than formerly.
The Lord LIEUTENANT card he did not understand from
his noble friend's remarks that lie intended to convey
the meaning that there hail been an excess if punish-
ments, but that they had not been in accordance with
the law. He thought that his friend on his right had
done well in bringing the case before the Court, an there
was • grvat repugnance in the public to corporal punish-
ments, and the framers of modern Acts of Parliament
had manifestly set their face against it. The danger
was, that if they abused their powers, that of inflicting
corporal punislinients, winch lie believed were sometimes
essential, under !roper restrictions, woulo be taken
from theui •Itsigether. Why he had given his vote was,
that lie considered there had been an undue neglect of
the forms •nil instructions imposed by law, and not
that there bail ha-en an excess of punishment indicted
by order of the magistrates.