The British Press; or, Morning Literary Advertiser.
London, England, 1822-11-22 00:00:00

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tOURT OF KING'S BENCH, Wonsro•trl,
MußsoAv, NOVVieSta 21.

JUEIGNI ENTS.
THE KING •. BRIGI.E.
The ArroaNsv-Gsmestsi. moved the judgment
of the Court on this Defendant, the late Governor
of Itchr.u, gaol, who WH, convicted at the lute So-
mernet A +Kites, on un information charging him with
cruel treatment of the pristosierr under his care, and
more especially with illeg4lly applying • blister to
the head of Thomas Gardner, one of the Prisoners
in custody on u criminal charge.
The Jury found him Gitifiy, but recommended
him to mercy.
Mr. Justice Beer having read the Judge's notes
taken at the trial, the Defendant put in his own
affidavit in mitigation of lommlim,qtt. It stated,
that he had for six years been mate of • prison
ship, during which period not a single complaint
had been 'suede against him ; that un his appoint-
ment to the situation at Ilchrster he had a most
arduous duty to perform, and was placed in great
difficulties from the inefficiency of the regulations
and *discipline of the prison. but that he bad re.
duced the weight of the irons worn by the prisoners,
and in all his conduct towards them had been actu-
ated by feeling% of humanity and kindness. With
respect to the Prisoner Gardner, he wars man of
desperate character and conduct, and the punish-
nsent of the blister was suggested by the surgeon.
'the affidavits of Sir John Acl.ind; the Earl of
Cork ■tid Ossory ; Capt. Smith, commander of one
oh the hulks at Woolwich; Colonel Anderson, com-
manding the let regiment of Somersetshire feu-
cibl,s ; and of several of the counts' Magistrates;
the Clerk of the Peace, and other Gentlemen of
the county, giving the Defendant • most excel.
lent character for humanity, and the faithful and
meritorious discharge of his duty. Several affi-
davits of individuals (relatives of unf•rivaste per.
sons who bad been sodev the Defendant's charge)
were also read,spesking in the highest terms of the
benevolence sod humanity of the Defendant towards
those unhappy persons.

, ..
No affidavits were put in on the pert of the
proseciiiion.
... ___ _ ___

• Mr. G. P. WILLIAMS then rose, and addressed
the Court in mittgalion of punishment. He urged,
with considerable feeling and eloquence, that, con-
sidering the expense which the Defendant had sus.
taiated, the anxiety of mind which he had buffered,
and the dismissal from his office, that he had al-
ready been sufficiently punished for the offence of
which he had been found guilty.
Mr. Justice BAY LET inquired if there were not
other charges against him ?

Mr. G. F. WILLIAMS—" Oh, yes! my Lord,
more numerous than the letters of the alphabet,
and all originating in one individual, to whom he
had not desired to advert, but wherever he cane
anarchy and confusion followed; like the indivi-
dual of old, it might be said of him, that where his
footsteps leLI the grass never grew."
The CHIEF JUSTICII—" We had better refrain
from this topic."
Mr. WILLIAItIi resumed.—He had no wish to
advert to this subject, ■nd would press it no fur.
thee, but would now call upon their Lordships in
the name of the public, whose faithful servant the
Defendant had been for so many years, in the name
of the hundreds of prisoners who would bear testi-
mony to his humanity and kindness, iii the name
of the highly respectable Magistrates of the county
who had this day come forward to bear testimony to
his good conduct; on all these grounds he would
humbly ask of their Lordships, that the sentence
they pronounced on the Defendant Should be such
only as would deter others from falling into such
errors of judgment, but not such as from its seve-
rity the public might deplore.
Mr. Rwlttda followed on the same side, and in
addition to the arguments of Mr. Williams. urged
as an extenuation of the Defendant's conduct, the
difficulties of the situation in which he was placed,
the riotous conduct of the prisoner Gardener, and
the absolute necessity there was to preserve subor-
dination in the prison.
Mr. M•rNIA6 said a few words on the same
side.

The ATTORNIT-GENIRAL. in aggravation, ob-
served, the Defendant was not dismissed from his
situation in consequence of the charges contained in
this indictment, but upon several other charges.
He admitted that the Defendant must have suffered
great anxiety, and have been put to considerable
expense, and was, desires, that he should have the
benefit of the adenission with their Lordships. He
was likewise ready to admit that the atisation which
the Defendant bad held was • difficult one; but
the question now before she Court iris, whether •
gaoler, who had of his own will attempted to intro-
duce a new and illegal species of punishment into
the prison of which he had the control, was a fit
subject for public Prosecution end punialneut. it
was not because an individual had forfeited his life
to the laws of his country that he was to be made •
subject of arbitrary and capricious putushment, at
the will of auy itsdividual. He (the Attorney-Ge-
neral) regretted to see that an attempt had been
made by affidavit te-clay to say that the punishment
of Gardener did imt originate with the Defendant,
but with the rurron. Did not the Defendant re-
collect that whets examined before the Magistrate
lie acknowledged that the punishment originated
with himself?
Mr. Justice B.A.TLET-w“ That fact is not before
us, Mr. Attorney-General."
The ATTORNEW-GENWL said. it was so, not-
withstanding ; but he would admit, if the Defend-
ant desired it, that the punishment was suggested
by the surgeon. What if it was so ? 'llse De-
fendant had adopted it. ChM, he would ask, did
it happen that ibis novel punishment wee not enter-
ed in the occurrence-book ? There was indeed sit
entry, stating t bat Gardener weir put into solitary cots.
finement for misconduct, but not a word of the blis-
ter or thee:reit waistcoat. He had us desire to press
hard upon the Deendent, bat was in the discharge -
of his duty, and a most painful one it was, tn.,prge
fbr the punishment of any, individual lust_ whilst
he held the office which be had now the heoger of
holding, he must not suffer his feeirtigs molar to get
the better of him as to pretest his perfornsiug his
duty, to the public. lbought if ever tfret 46
dile (Tilling fur investigation ik waa tip! prpoorpf.
White asperson holding such • inseams ass& Ds- -
readout held bad conducted hitustlf meths Defend.

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JIMA