The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-10 00:00:00

for 30 years, without having ever before been guilty Of any act de:
•g.t,ory to the it.,portant charga Co intrusted to him by his Ma.
cominission. That in the particular instance belnre the
Court he had been unintentionally led into error by relying on Mr.
itteknella gewletnan who had for many years acted ai clerk for
inagistrovi. 1 hat as won as he discovered Ids error he end,e-
mitred all he could to repair it, by reciting to obtain the discharge
or 4ho prosecutor, but which he found he had not the power to ac-
complish, and that he had since the proceedings hid been taken
against him, done every thing in his power to compensate the
inpred party.
.There were other affidavits also read On the defendant's behalf.
. .

lilt. t,Cant.P.TT made a few observations to the Court in nnitign.
tion of punishment; mating that the defenditnes first impresinon ,
w,u, after his conviction, to make all the repannion in hls power,
sod he had done so. •He hoped the Court would esinsidet the error
an the result of old age, and that ignorance Width pp alts
age atone would pardon, if any thing could pardon it. The de.
leodant had made application to be dismissed from theContiligalon
of the Peace, not desiring to act further. "ae.:
Mr. MARXTAT addressed the Court on the same side.
The Avroantir-OExt:aait. raid that in consequence of en
arrangement made by the defendant with the prosecotor, proceed.
ings for damages had bean suspended; but the nature of theoffetice
of which the defendant had been convicted made It necessary that
the defendant should be brought up for judrnent. He was nut
desirous of pressing any thing harshly against this gentleman, but
only that the facts should be distinctly understood. The beanital
Counsel then detailed the facts, and cohimenteel apon them.,
The Logo Cnir.r Just-icy asked whether a civil action had
been brought as well as an indictment.
The ATTORNEY-GENERAL—Yes, my Loth; and the party
was turned round because the action was irregular, and the plain.
tiff had to pay double costs to the Magistrate.
Mr. Justice Bal'l.EY—lt was stated that he had arranged with
the plaintiff, and that he had paid all the costs.
Mr. SCARLYiTT-10, my Lord, all the costs, and a lam of
money besides.
The ATTORNEY-GENERAL admitted that the defendant had
done every thing in hie power to repair the thing he had been
guilty of. Ile would leave the case to their Lordships.
Their bord.liips having consulted together,
The LORD Cuter JUSTICI said it was very painful to the
Court to veiled upon to pass judgment against *gentleman
arrived to the very advanced age to which Mr. Constable bad, and
who had for many years acted, as the Court must take it for granted
he hail, in en irreproachable manner in the discharge of the duties
of a Magistrate and Justice of the Peseefor the county of Kent; but
although it was painful to the Court to passe judgment under such
circumstances, yet it was their duty to do so. The offence was not
charged to hare been done by any corrupt motive, nor did it appear
that the defendant was actuated by any such motive, or by a feel-
ing of personal enmity towards Raker, who certainly had adffered
very materially. But notwithstanding the absence of corrupt
motive or palatine' enmity, still they could not but consider that to
commit a man to hatd labour for three months, without the ex.
andnation of a single witness, or giving the roan an opportunity to
defend himself, was a very serious misdemeanor. The Court
could not imagine how any gentleman acting as a Magistrate
could fall into such en error, or how he could be led to sign
depositions which were not sworn before him, and then to
sign a warrant, purporting that the person against whom it
was issued had been convicted before him. Hit Lordship
was at a loss to conjecture how any gentleman could be led into an
error of that kind. It was impossible for him not to know that be
was committing an error. He had, however, since dose all he
could to satisfy the Injured party, and it appeared that he was sa-
tisded. The Court were therefore not called upon to inflict any
sentence with a view to the interest or the feeling of the party w
injured. Another object which it might be supposed was intended
by those who bad net up this prosecution, and very properly too,
appeared to have been attained, for this gentleman had applied to
hare his name struck out of the commission, and certainly a per.
son acting as he had done ought not any longer to remain in the
commission of the peace. Considering, therefore, all that had
been done by him by way of satisfaction to the party and to the
public by withdrawing himself from the commission, the Court did
not think they were called upon to pass a sentence that should bear
very hard upon this geutletnan. Souse sentence, however, the
Court must pass, in order to mark the opinion of the Court with
regard to the conduct of this gentleman. Taking therefore all the
circumstances into consideration, it was thought sufficient that. a
rule eheuld now be pronounced that the defendant do pay to the
King a tine of lOW.