The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-25 00:00:00

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'Min OF GOVERNOR PICTON.

COUiIT OF KINGS ISENCH, M , Pas 24

Swifter se Mei Pries &fire Lord EL Gts BQ a at; c
am/ a Sprcid Jury.
THR RING v. THOMAS PICTON, atq.
Mr. H• ea rtnit ripened the'pleadinas on the part
of the Prosnution in th's case, statiny!, that this
was an indi9n.ent •charging the Defendant. beivg
in His Majesty's servic-, a. His Governor 'of the
of Trinidad, in 'the Welt Indies, with in-
fhOing the toettme nn I.nu;sa Calderon, a free mu.
ditto grl of that is!and, and one of His Moje.ty's
subjeEts, and then of the btge of 14, he having her foot
placed on a sharp wondesi stake fixed its-the ground,
and her body su.pended by a cope tiedsociund her
wrist. listened by pullies to the cieling. There
were sevei al counts in the indiament, charging the
offence in various forms, to which the Defendant
had pleaded Not Getiy:

Mr. GA N NOW, in stating thocase on behalf of the
Crown, said, that this most painful task had de.
valved on him, by the iemo-oral of a learne4 person
(Cold Erskine) lions this Court, in whose wire
able hands it would be se much better emulated ;
but deprived of the advantage of that Noble Pet-
' sonage's greater abilities, it became his duty to lay
before them a statement of the singular and horrid
transeetion which was the subjeCt of this proseeution ;
and, although he should acqait himself zealously ark.
the obligation imposed upon him, to bring to light,
and condign punishment, an offolce so flagrant as
that cloarged upon the Defendant, yet much mote
happy would he he, to find that there was no
grotood upon which the charge could be supported,
nor did he wish to impress their minds with any
consideration which would draw a rcluttant verdict
of Gallo from them ; and be should be still more
,happy, that the British charaiOcr was not stained
by the adoption of such cruel measnres :is were al-
leged in this indiament. The Defendant was the
representative of our Sovereign, and the Governor
of Trinidad, one of the Spanish dependencies, which
had surrendered to the British arms, under the
brave Sir Ralph Abereromhy. The benignant code
of laws which had prevailed in the island, were, un-
happily, cruelly innovated tin:ter his administration.
He abused his station, and disgraced his country;
and if the fats which he had to state. were trite, of
which he had no doubt, he was the subjeft-ot horror
and detestation ; he had inclined the torture on one
of Hos Majesty'. etthj"Cts, in order to gratify his cwri
tyrannicei disposition, and oppress the individual.
In this year I'M. when the Island of Trinidad
surrendered to the British arms, trader the Salient
veteran, Sir Ralph Abercromby, the Detendant•
was appointed Governor, by that brave Officer, Und
the island was rn be governed by its own laws,
which were adopted by the Defendant, until His
Islajestv's pleasure should be hanwn upon that sub-
j.a. These were a code of lalt 6, amalicrating the
old laws of Spain, and were well calculated for the
profeCtion of the subjett. Louisa Calderon. the
Prosecovria, in the year l e.Ol, thenohout 10 years
of ago, was sioeuced from Ler mother, by a person of
-tine-sseene of Pedro Lewes{ with whom she after-
wards continued to live as his mistress. However
strange this reiaht appear to hngii‘lunee, yet, in
some of the West-India Islands, and many other
pits of the world, from the climate and con.tiou-
tion. young women frequently became mothers, at
the age of twelve years. - In the casual absence of
Lewis, she had an intrigee with one Carlos Gon-
zales, who took an opportunity of robbing the house
of Len-is of a large quantity of dollars. In conse-
geence of this, all the parties suspended were taken
into cestody, viz --Carlos Gonzales, Louisa Cal-
deron, and her mother. Louisa denied any 'mow-
ledge whatever of the transaction, and recourse was
load to the Magistrate, who interposed his autho-
rity ; but, whether from affeklion for Gonzales, or
from the conscioestiets of her own innocence, she
persisted in her denial of any knowledge on the
subject. Upon this, application was made to Co-
vello).- Pia n, who signed this bloody sentence .
with his own baud, •• lvllil the Moan os Levi's
Catirrc.•." Nu delay was given to the execution of
this decree; the unbletunate ohjal against whom it
Was pronostoced, was handed over to the gaoler.
Sic Was here told by her Judge, that if she would
confess, there might be some alleviation of her
misery; but, on the contrary, her death was on her
own head ; and to impress it stronger on her mind.
he advetted to the cases of two or Once Negro
women, who suffered the same punishment, rn a
charge of *witchcraft, a short period before. 'llth,
the Leortied Counsel observed. was the first instence
of which be had ever heard of a British Got error
restarting to the torture, as a punishment fox witch-
craft : but this sort of punishment, he continued,
was miscalled pirtelling. The old method of picket,
ling was used in the at my, and consisted of a spike
of wood, on which the culprit soldier WAS obliged
to stand, hut then be had something to rest on ; but
th t instrument in question was quite different, and,
he hoped, in swore, it world be called Pirterting,
and not pieleiri.f for the Defendant certainly had
the honour of being the sole inventor. Upon this
instrument of tortore, consisting of a sharp wooden
spike, fixed in the ground, this unhappy girl was
placed, ber right foot resting on the stake, while
she was suspended by a rope, tied round the wrist
of her left arm, and passed through a pulley, fixed
in the clang of a room. In this position, suffer-
ing the most excruciating tortures, she continued
for fiftyohree or fifty-four minutes, as calculated
by the Magistrate's watch, who was present the
whole time, in order to prevent its continuance for
mere than an hour; allegieg, that the E.nglish laws
did not permit a subject to be tortured longer.
This operation not proving effolual in extorting a
confession, in less than twenty-four hours after, she
was again tied up in the same manner, and so con-
tinued for a space of 22 minutes, till she swooned
away with excessive pain. All these diabolical ex.
perimeots were irresistible, and she at last con-
fessed that Grinzal, s had committed the robbery.
From the torture, she was then put immediately
into irons, and confined in a miserable apartment,
where she could not stand upright, and there re-
mained for the space of eight months, 'until a short
time previoes to the Arrival of Colonel Fullerton, by
whom she was liberated, and brought to England.
'The charge, thereto's-, against Governor Pitioa

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ere., that he infi:O• this punishmeet an 4.
without any probable cause. 'l'he AVIWAI • ce!le r-
oe! understood that the justification which' w en.
be alleged was. that although these things chain(
he done in this country. thel are jeeitiable by the
laws of Spain, which had long bees practised
th,t island; but this, he insisted. was no excise•
for a Britt.% Governer, whom nothing lea than .
ingest-isms . cessity could justify in such a praftiesli
he ougriisto have recolleSed, that in England tore
ture was never knew's, and that the due acimicis.
nation -of justice °yew sege,lrpd such means. i•.
was universally well known, that when any ideaer"
or colony was taken under the British Grenstransitt.
all praftice of torture ceased, as being incosnitatibi-
with English jurisprudence. %lieu the.. Duke •f
Exeter had prepared an instrument to Wiwi
eocifesshm from Fel-on, the avassin of
Duke of Buckingham, to the immortal luscious' sti
the Judges of that day, -aliee den mined tiwoothat
torture could cever he used under a fisisish, Go-
vernment ; and the instrument so invenestila. je .
preserved to the present day in the Tower. auselec
the appehatien of Me litae of looter's. deasenitea."
Se far, however, from supla.a practice tr'ip'ewas,
ranted by any precedent, he woulel- Askiweet ati-
denee to thew, that even the instrawseet wasp t
known until introduced hn- the first tirne, to, :3
vernor Piero::, the inventor ; w!in, rf he shots/4.4w-
t0 the Jury, that for the first time be ere.n.d stiAS
instrument, and that with his own hand he wimple
thatlsloody sentence, he sieulsl ask, was he &Mad ,
i„ whom this sort of defence coeid avail before tuts
English Jury ? He concluded by sayinjnahe islet English
witness he intended te produce was the froosteeteis.
Louisa Calderon, who here :shout her, is the pre,. rit
moment, the marks of the Defeltdanis bbrintrity.
Lonint Cilderen too then called. She aepeardi
Onset i.i ) ears sst age, of a very interesting Watinte•
narce. She is a Mulatto cr Cues., of a very ren-
ter! appearance. She-was drAssed• in white, with%
turban of white musiir. tied en in the erntewe of the
country. Iler person was sender and gr..erfol.
She spoke English but 'eery intlifferentie, and was
examined by Mr. ADA SS. threareh the medium of 'a
Spanish interpreter. hilweiespood, that 'she resided
in the island of Trinidad; in the year. Int; ad-I
lived in the house of Doe Pedro Lewis, arid r%-
membered the rchhery. She and her mouser wee
taken up on suspicion, and boieght Were Gover-
nor Pieta's. eho committed them to prisnin of der
an escort of three soldiets: she ewes pot 'hate doer
eanfinement; and before she-sera taken there, the
Governor said, if she did not cnrifes; who had trohei
the money, the hangman would hare to drat e ith
her. She knew &gore, the Mistimes, or Lead
Slayer. He came to the ;nisei*, and examined her
on the setsjeCt of the mishit; v many tiros!, endeen
different days. De Castro, the cirtk of the Met*.
trate, also attended. and trickesiown her depcnitiesna.
She was then carried to the room i.vhere the sorteide
w.ss prepared. !tete her lett hand was tied ep its
the eieltug, by a - rope. with a puiley ; het
hand was tied behind, so that bet right flat and tut
hand came in coniace, while she extremity efaher
left foot rested on the wooden spike.
A. drawing, representing the exact sitnariow, with
the Negro liolding the rage by abich she erabhnel-
reflef.tif, wits them elegem-so Ins! I nod, anteing-he+
head, sir•c •antly, she decla red, wish apparent Ais
mir Mon, e that was the way."
• Lord ELLE% BOIMOTI here observed, that this
Ishollla Out go to the Jury, it the Defendant
-objeeted.
Mr. G•ISOW replied, that he had no wish it
should, as he by no means intended to ptejulice
their minds one way or the other. .
The Counsel for the Defrndant'ant ohjefling, the , !
pielure went to the Jury. T:.e other, parts of this
Witness's evidence cossoltarated the statement of
Mr. Gaston. :the swooned away each time be-
fore the was taken down, and %al then put into hens
called the Otillet ; tit's was a long piece of iron.
with :WS rings for t:.e I;ct, fastened to the wall;
and in this site:rice] she re-Haired for riglst
months. The tff.ft foam this picketting was
exotic-icing pain; her wrists and Andes were much
swollen, and the former bor.. the marks to the
present city. The gaoler, Ballnr, the Idagietraie.
Francesca de Castro. and Raphael, an Algtiasit,
with the executioner, were present at these picket.
:Inge.
On her cross-eeaminaton by !dr. DALLAS, she
could not say how long after she, was relrased she
came to England ; hut she came with Colcsnel
Ful-
tarton, and was supported by Mr.'sl bite, the S
titer to the Treasury, sines her arrival in this
country.
Her evidence was strongly corroborated by that
of Don Chandas and Don Juan Monte% who were
both Algo,sils, sir interior Officers of Justice. Red
attended in their official capacity at the time of it -
fliCting the torture on her. The first Jae it was
used, she was recovered from her swoon (when the
could bear the torture no longer) by some wine and
water ; and on the next day by some vinegar hell
to her nose. No person attended on her be:tait.
and it was nut until afterwards a Defender (an
agent) was appdit.tei to take care of hyr interests.
One of these Gentlemen had been in the island
upwards of eight years j five of which he officiated
as an Alguarth, and never heard of the totitsee be.
fore it WAS introduced he Governor Pifton t when
it was first put in pranico for the punishment of
soldiers in the barracks. Don Carlos Geoxales, was
afterwards discharged by the Governor,appo par.
/sent of a sum of money, and sent out of die coun-
try. The hand-writing of the Detandance.to ill •
order for infliaing the torte el which war istiteen
in Spanish, was proved by Des Juan Monte..
Mr. DALLAS desired th,e anteCEdirtt handeeni7ieg
to be read, which appeared to he a representatier
of the circumstances of the ce ate. by &gore, ,h..
Magistrate, tn the Governor, abs also suggested
the trial of the torture.
Mr. GA Roar then intimated to the Conrt, that
lie had many more witnesses to these fads ; but ut.s
not think it necessary to the time of the Coct:
with them.
Lord Et Inane ouou theught the evidence was
sufficient =these points.
Mr. Diet. tag, in stating the defence of his client,
obsesved. that this case had certainly not been spa--
ed in paint of statement, or in point of proof, us.ol
it became his dusty to addtees the Court and duet oil
behalf of Ooyeentar PiStria. It had not been a
ter of choice with him tc d.f.md this indiftrn.nt to

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there wore so many in the daily pralice of the
Court, who eoeld smelt better defend it, he hooPe,
ceased to attend esgitlarly for some time. It the
• determination had in any degree rested with trittei
self, it might ',are been otherwillo • lots *O..'"
tunately, he could not. persuade- ageilletier .esee
ton. that there were several others' roam Om it
to coodeft his cause, in every partimaier, ItAclPt
, a meet anxious wish to be of service to him. He
homed. therefore, he would not be regesederstomt,
when he observed. that he was grey deterred,
•from the many difficulties in which the case was in.
valved, and its unpopularity ' • but he should look it
boldly in the face; 111111P4Iffelllit. was considered how
much General !Neon had tat stake. it must neeerea-
rily engender in the mind of every man an extreme
t. dinary degree of anxiety. This case was of a very
novel and extraordinary nature, whether coosidorlti
• is a rubric or individual light; in the former resped.
notions& wee more intpartese. than that great pow-
ars. vossed in any one person, should not he abased I
Dee IP she other, that mattes should not be attrie
hatable to en iedividoet while merely discharging
fired l. Teton the roamer of stating and pro,.
leg th taw, from the eeltib;tion of pictures, be
was ammo it mast have created stapleasant sense.
?inns. and sensations enfevonrable to the I)efendant.
Prom the lame of th:s couter•, whose ell f charac-
teigit is *Ur otffideess and humanity, thel result
elite habits mode it most difficult to wean the
wined of an English Jury to the difference in
admit cnuntries ; but whasever were the feelings
they had itobthed. be trusted, that conining
their attention to the case, they ultimately would
peacoat* a discreet, ealm, and dispassionate ver-
aim Genera Pidon was invested. not only with
the thief veil. but military command. A rob-
bery had been enmootted of great magnitude,
which. ie this thentry, wont,' have amomited to a
capital of Cll4es and. by the mild and rnerc.tul laws
of &gland. the effelid-re would have lost their
lives. VVhern a robbery has been committed in a
aiertenieg-bouse hest, .howesser painful to the Judge,
he cannot interfere to sevette life of the criminal,
hut the crime is expiated bt eia topmintoos death
Under such tires estaeces, istfirinuation was laid
befogs Cr.“Vallf Plann• at the Coverament-house,
and the parties were brought 'before him ; and thr
Prosecutrix appearing involved in a suspoion, was
etuninsitted, for the perfme-of being ex amii ed. in the
regular course, by doe Begora. or Chief Magistrate,
in order isipprtain whether she were an acemn price
or sot. le the course of the proceedings, re-
fuelled was bad to the Bogota, or Criminal
Mg', and every fair means used to induce her
to confess ; and it was got till after repeated equivo-
catious. that he made this representation of her con-
cluding she truth, and i minas ng the experiment of
a sight theme ; the eiggestion of the Begone was
aogniesced in; and this was said to be either orome-
*wed or implied malice in the Governers to which
games tittle of eviiienee had been adduced ; and,
dieverost, with respell to pulite, it was out of the
gem: inn ; as. from the antecedent committal, to the
geheemsent discharge. it did not appear that he had
star taws her maws her hot oust Isomer count
et ope-iii lillawsa, it was slimed that the ea dote,
watsalawfolly sad eselinsly dime, without any
reel or probable muse He. however. contended,
diet a Judge may mistake the limits of his jerisdic-
eims. bet be canto* set malicinusly ; and. in tnif.t,
bevies acted accepting to the laws of Spain, which
be was sworn CO observe. he could net be said
to have aeod ualawhdly. He thee adverted to
the laws of the island of St.. Vito out, where,
g a man were guilty of mainsir.,;; another,
or guilty of various other . &nesse ha was liable to
Imre his near sli,, or one of his members, perhaps
his right . and, cut -If; and, though we may shudder
pi it, ler doe sake of humanity. yet such is the law,
audit is colt hour .en duty to on b the law of the
particular place where the offence is committed.
In the island of Trinidad. a different line ot policy
was necessarily adopted. at different times, and this
Culnesy was totally differoue. from all the other
Spanish Settlements in Americo: sometimes it was
highly cultivated, and sometimes abandoned; and
at lase the Newish Government thought proper
to admit all sorts of foreigners, as settlers. The
• population greatly ineteased, and it was the recepacle
et all sorts ot runaways, vagabonds, and persons
in debit from the other Islands. Such was the state
of the t ern ty when General .Ibercromhy appointed
General Poems the Governor. Through the differ-
ent geidations in the army, I.e was raised by his
merit to his present high rank and honourable situ-
ation ; he was esteemed by the artisan General, not
only as a m in of courage, but of humanity and feel-
ini . and had been his Aid de Camp for several years,
and lifted uniier the immediate instruaions of that

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great officer. He was no civilian, but only a military
man. and it became necessary to lay down rules for
Ire gond ttr. Mae iostruaions were afterwards con-
Soled by His Majesty. U pnn the island 'Waffl-
ing British property, all fin mer regulations ceased.
The Alcaldes formerly were the Criminal Judges,
who. upon encorry, were boend to acquit or con-
dense. Irons dila judgineat, the party could appeal
to dye Itn-al Audience of Curettes. and from
Waco an the Royal Ashmore of Madrid. before the
sentence could be oat into execution ; but General
liOes was tile "spoons Judge of Appeal. as well in
civil as &mine, roots. Upon three grounds. there-
fore. be rasa the defence ; arm, he contended that
the Delsoskrin was *voided to en acquittal, be. ause
area. put Li dm Inatome' caisgad tot with aZt-
ing udswfrjly = 111011011 a by do law of Swan, she
torture was applicable mid lawful. Secondly,
that the Gomm hies oft «y with *Ainunlawfully,
unlawfully, him .ailed without any pr 664-
hie caws. far tetiiiikrAbere was no evidence. And
lastly. seppeabig dm • J ovt were of opining that
by the law of *be torture ought not to ba7e been
applied. bus thei 'be was misled. then the cviite
resolved ilia rata a "Knipp of error. upon an
errooseue aseecip of porter, in a suliket r 4 cri-
minal proceeding, on *bids dine were many de-
cisions. Me Learned 'Muhl was proceeding to
elnisiditte these prirposi:tcni by great depth of ar-
ranged rind logical re...on;sig, whys
Lord Etter:Boa us•Ou ;barred, that ke Spa-
nish law involved a'grom deal of matter for at-
vestige, inn, lead wished to knew, whether the parries
were to Make a special case al it for the
Jennie investigation the Coin ? his Lnr.l.hip
Tefvetted elitist fOfsit:Ofe. wherein the laws of the
killtile a matter of Sundt's:inn.

After tem/ enr.vultatior, a special vertlifi was
agreed to, alai the .Defrudant proceeded to snails
his ;noels for that Ourpoto.
74e Loomis* of the 77th March, 17971
setting forth the caplaire of she island of Trinidad.
a:sd the Articles of Capirnlatitin, by which it was
stipulated to be governed by the Spanish Culooial_
Code.
The appointment of Goverftne PiOun, with Gen
Alterer-astsy's mstruttions, afterwards ratified br
His Mai-sty, wnerein it was stated, .• that in cri-
minal cases, the appeal lay with the Goveraer."
After some few other documents,
Michael Gonvitle was called; he had been in Tri-
nidad from the law 1774. and had been an Alcside
(an efficer of justice). There were two Alralde.,
who ILA neatly equal powers 'with the SUperl6l
officer, called an Ascavana. and were all elective
outot a corporate body. compote," of the principal
irdsebitants of the island, and something similar to
the Lord Mayor earl Corporation of London. It
was not necessary they should he lawyers, and they
had net either the p('Ner of tile sod death. or of in-
flicting punishments. eucept is cases of petty theft,
and then only upon slaves. whose thumbs were tied
together with a coed.'
On his cress-eaerninatien, he adoftted, that the
torture never woo known in the island, till intro-
duced by General hewn.
Mr. Chaeon, another Alcalde, was examined to
the same effect.
Mr. Nugent, who residel irt the island, from
1787 to 17913. luriher du:id:lied the laws and
customs of that Colony ; but never l:ad seen or
heard of the torture. _ _

Mr. Archibald Gloucester, A•torney-General of
the island, was examined to the same points. The
books presented to him were the accepted laws there,
and ei;ed to him as o-,e of His Majesty's Conned,
in the island; but not perfeCtly understanding the
Spanish language, am having dirped into them
considerably, and mile resident there for the last
three veers, he could itoaapeak to the ancient lasta•
a adettsanens,
Vars-us ritrao; were then translated from the
Spani,b law authority of Babadilia, shearing that*
torture was considered as esallstitioing, is certain
cases, part of the process of dna law of Old Castile ;
and stating that. " all:lough during-torment, judi•
eially inflieled, the culprit should die, or come outs
maimed therefrom, the Judge cannot, nor ought
son, -to be blamed ;" and stating, that in case, of
as high treason. manslaughter, robbery, parricide,
anal other most atrocious crimes, should the pre,
stunption beastrong, an the guilty permits nard-n '
ed, new tortures may be inflicted; but. tat these the
Judges are to be responsible."
Much other documentary testimow, deduced.
f ern old wnter. on. Sprawls jurispMeeee, was
also read, to she* that irtq fillidion aterture was
compatible with die-existing law of that country.
Mr. G•aeow was then allowed to call a witeets,
to dive. that however euch a law might at any time
gave exatid, or might still exist, in Spain. i: did
Set prevail hie the West Indian colonies -of that
Fewer. To this end. Don Pedro tte.V was '
worn. He deposed .that, during the e „put
of his life, he had been regularly ad
1
part
and admitted to the' °See of an Adiesnie SI
the Spanish law courts in the Colonies ; do
had piailised, after his admission, in the
course, for two years, and had, resided.
shorter or a snore extensive pet iod, at five or six of
the West Indian islands, .n the pursuit of his pro-
fession; and that, according to his knowledge of
the Bock of Recapitulation, by which the laws are
administered, there was nothing contained in it to
justify the inAidion of torture, nor was tomtit, to
-his knowledge, ever resorted to. He had nut ever
seen, or heard of instruments fur torture being
kept in the gaols, or elsewhere.
fa reply to a question, " Da you know of any
existing Spanish law whatever which warrants the
application of torment ?" he said, that there was a
law of Old Castile, of the year 1260, which justi-
fied it in certain cases; but he never understood
that it extended to the West India Colonies; and
it hat} been loag so abhorrent in Spain, that, it not
repealed, it was fallen into disuse
Oa cross-examination by kir. DALLAS, he said,
that he did not know of any law which forbade the
practice of torturing persons in the colonies ; and
admitted, that he had been employed by Colonel
Fuilarton as an interpreter and translator of part
of the evidence to be employed in this prosecution.
Its answer to a question from Lord Eitesect,
KOl:Ciii, Mr. D said, that he certainly was
not prepared with any parole evidence to prove that
the inflidion of torture prevailed generally in the.
Spanish West Indies.
Lord EL LEXIIONOUGO appeared to be about to
close the case here, with the observation. that the
special verdil which had been consented tn, was
granted nn the supposir:on that a greater contra- '
ratty of evidence on the suhjet of the law of the '
colony would have been elicited than now really ap. '
Fared; but it wad thought it would, perhaps, be
better, before the Jury were called on for a general
wadi:4 that the Counsel shnulJ, if they thougi:t
proper. address to them what observations tla,:y
might have to make.
Mv. Da taas then rose. and said, that in the stag^
ef the investigation to which the Jury had arrived,
I e sh;•uld content himself with submitting to their
determination the single fad, unincumberedwi;ll any
question of law, ahet-her the Crinsinal Judge, by the
law of Spain, could, in any instaace, order the ap-
plication of torture! To prove that the discretion did
abide with that officer, lie did not call to them per-
sona who spoke from the observation they had made
during arty short perio la they might have resided
in the colonies; but he produced to them the un-
prevaricating testimony of hooks, of the first law
etithiril. which were constantly resorted to, as
had been proved, by the Judges, on all oecadons of
doubt or difficulty. As charirahle men, and as
men of sense, mast they not conclude that this
code of referen,e was torrntly elacidatory of the
law, as it was meant to be dispensed ! The
works of distinguished cividans, writing upon
the joriainuJenee of than: country, were a pound
upon which 1.6 felt I e stood firmly in defence
of bas client. Tile law of 1260 was proved by
these to have existed, and to be still existing,
to the date of the works of the last writer he
had cited. No attempt even had been made I y
the instant:ins Counsel for the prosecution, to she*


•
that the usivervality of the Spanish law, as appGed
in tha colonies, had been broken in opts* by may
espet•l• 1 vilege evijnpul at Triri&id ; rind, be
would ail, therefore, could the .7 ilf; open, their
oaths, decide, that wbat had tranepirect there, and
' oat the subj-d if this prosocatiost, wag, not 'agrees
al!le na a law which had antborised Ord sebieh
there was 00 proof had fallen into disuse ?
Mr. (hallow said, that he looked to this case as
it regarded the honour of our country, and the re-
dress of a stranger, who had visited our land to pro-
cure it. As to the law which had been depended
upon to stallion the perpetration of the cruelty
complained of, it most be evident, that it did not
extend to the island • which had been made the
scene of it ; for the law of the parent state had been
satisfadorily superseded by a code of levee, pub-
lished by royal authority, for the particular con-
trout of the population and commerce of the colony,
arid cited to-day under the title erne Reeepittletion.
If the Defendant had had as English heart lef his
bo.ora, he would h.tve wanted no restridive provi-
sions so have guarded him from the commission cf
sanguinary ass; he world have made that his as-
sessor, and his auditor ; hut, at present, he feared
it remained to the disgrace .f the British name, that
General Pietro Wes the first man to stretch au-
thority, and order the torture to be established
in the island of Trinidad. After a few othi-r
animated observations, Mr. Garrow.saidshe left the
case to the decision of the Jury, coofiJently
attcici-
pating their verdid.
Lord Chief Justice F.t.s.trisneocort began his
charge, by entreating the Jery to divest their minds
of whatever prejodice they Alight be s:l•Ahled with.
The point upon which they were to exercise their
judgrowit, alfeded the law as it stood at the time of
the cession of Trinidad to the British armr.-sillich
was the law that had continued to prevail there ever
since. as the Sovereign of this errantry. had kindly
confirmed to the inhabitants, their custonts. laws, and
institutions, is the same form as that in which they
-.sated . . .

belay the cooqusst, and were administered
and superintended by the 'Spanish C.v.:nor. The
question involved the important point, whether...
the torture of witnesses were prattised or tolerated ?''
Although the evidence of the books which had been
produced, seemed to prove that an old Spanish law
was still extant, wh:ch enjoined the application of
torment, it wit not shown that, on the association
of Ttinidad with Old Castile, the law of the I titer
was extended tn its entir: mate to the colony, tit r
that it underwent any alteration or amelioration.
N orsons who had been called on this cause here,
or examined at Tiniclad, knew any thing of the in-
fliCtion of torture ; nor did the books produced
afford any proof tint thelaw of Spain aCtually ex-
tended to the colonies; but, taking the evidence
which they 'lave yielded, and the parole testimony
which has been adduced, into consideration,
you will make op your minds, whether any
law existed to warrant the inP.:ltion of torture
Two distinct and separate issues were sent up to
the Jury. Upon tha first, they almost immediately
faun 'hat no law existed in Trinidad to justify
Ins: :re.
They then found the Defeidant Csti'tv.
It was understood. beesvetn the Lord Chief Jus-
tice and the Counsel, that her. Dallas should bare
permission to move for a new trial, as if this cause
had been in the nature of a civil action, should he
find fresh grounds of defence, with respca to the
prevalence of the Spanish laws.

Governor Pinot% walked the Hall of the Four
Courts, during ihe whole of the trial. He is a tall
man, of a very sallow complexion, apparently about
fifty years of age, and was dressed ia black. He
was accompanied by several of the civil officers
of the island.