The National Register.
London, England, 1821-12-03 00:00:00

BEDFORD AND OTHERS.

It will be recollected that this was an action for a com-
pensation in damages, for injury sustained by the plaintiff
tiom the defendants, Kirby, Oliver, Whittington, and
Meagher, members at the Manchester Yeomanry, on the
memorable 16th of Aukost, 1819.
Mr. Stet kie obtained leave to enlarge a rule granted to
spew cause nil!. the (erne of the action should not be
moved for Lancashire to Middlesex, the original place of
issuing process. The grounds on which Mr. S. moved
was, that the tole had not been served until yesterday.
The Court ordered the time fur the return of the rule
to be enlarged to next Term.
The Court then proceeded to hear the motions of the
BIM

11111 111111 G V. I.I.IIIbLEI v.
The defendant who was tried with Kinnear biozely
Wolf, two years since, at Guildhall, mid found guilty of
a most extensive mercantile fraud, now made application
to the Court, by his COlllllll I, Mr. Corwootl, for a writ of
Habeas Corpus, to remove him wit of the custody of the
gaoler of Gloticrater gaol to a prison neater London,
where the+ e are more 11/0111 and air. The defendant was

sentenced to two years imprisonment in Gloucester gaol,
to pay a tine of 5(X101. and to he imprisoned till the fine
be paid. The imprisonment has expired, and the defend-
ant remains in custody tur not paying the fine; he is, in
fact, now a prisoner for a debt to the Crown.
Mr. Justice Bayley said, the sentence passed neon the
defendant ordered his imprisonment in Gloucester gaol,
until lie made the payment of the tine, and consequently
the Court had no anitiority to attend to the affidavit.
The Loud Chief Justice was of the satne opinion, and
intimated that the slate of the defendant's health miglil
he tlis subject of application elsewhere, but this Court
could nut attend to it.
RENCH PRISON.—.EE PARTE BAILIE V. THE
MARSHA!. OW TUE JUNO. RA.ACM.

The Lord Chief Justice said, the Court had considered
all the atidavits made in this matter, and npon the lust,
the charge of not confronting Colonel Bailie with Colonel
Mead, they were of (Oulu'', the Ala,. 'hall had given
satist.itetory mistier. They thought the Matsiii.l acted
iii•creelly in out hi ingnig the patties togethei ; and al-
though lie might have heed justified in sunilitig the party
to llorsernonger line poison, yet the Court thought the
course he took was the means of keeping the peace in the
poison. Another ge wind of complaint vital, that after in-
formation given of the improper 111,11111er iu winch the
coffee-house was conducted, the 314rslial did nut home-
diatmy discharge Poole, the keeper; it, howevi 1, ap.
reared lie did discharge him some time alter, and altho'
lie might have discharei nom sooner, the Court did hot
think that the eitcunistrhee called for severe animadver-
sion especially as it did nut appear that any distil 11 ly
conduct vas obierved alter the month of Dee(
the atkilavit of Culiniel Bailie, they found a
great complaint re biting to the In:emission of turnkeys to
have rooms in the prison. A great deal t neccesaeily
he lett to the diieretiou of the keeper of every poison;
mid COlPllikrillt die chalet-let, who %rut to the Aiaislial-
sea, the Court hall no hesitatien in saying the Marshal had
a discretion to exercise in providing for the reception of
plisoners, and they could not Mkt fere with that disci c-
lod' unless they saw good reason for interfereoce. Tile
Cum t had directed that the Marshal, in his visits to stif-
les( tit parts of the prison, should inquire and make known
unto the puller tamer the persons in possession of surh
iOlOllll, so that all angements in that respect might nice
the eye of the Court. The only remaining eliarge was
thhat Of 1101 residing in the prison. The Marshal had said
a great deal upon the subject, which might allow excuses,
butt after all, the Court was cleat ly of opiiiiiin the Act of
Parliament niii,t he obeyed. The Act said the Marshal
reside iii the Prison or the Utiles, and that provision cunld
not he infringed. The Court kid pi epas eil a rule to
wake the Maishal reside in the Piison or Bides, and they
ordered that lie do report next 'Telco what lie had dom.,
in compliant-e wills their order. he only remainieg pail
of the subject was the question of costs. All that 'elated
to Col. Bailie of a personal nature had been answered;
the circumstance of the dismissal of Poole had not been
mentioned, and lie had been ens lined within Ibe walls by
the desire of his sureties, the Court did not tirl
thcw-
selves justified iu gin hug Lusts.
'l'eim ended.