The National Register.
London, England, 1821-12-02 00:00:00

"MI XING V. Ll* ISLE% V.

The defendant who was tried with Kinnear Mostly
Wolf, two years since, at Guildhall, and found guilty of
a most extensive mercantile fraud, now made application
to the Conti, by his Counsel, Mr. Claw ood, for a writ of
Habeas Corps's, to rt move hint cut of the custody of the
gaoler of Glutictster gaol to a prison nearer London,
where there are mot c tout and air. The dtt iitlant was
sentenced to two years imprisonment in Gloucester gaol,
to pay a tine of .50001. and to be imprisoned till the line
be paid. The imprismunent has expired, and the ilef.mtl•
ant remains its custody for not pa., ing the tine; he is, iu
fact, now a pri,oticr tor a debt to the Crow u.
Mr. Justice Bayley said, the s. tilt nee passed upon the
defendant ordered Isis imprisonment in Gloucester gaol,
instil lie made the payment of the tine, and consequently
the Coast had no authotity to attend to the atbilas it.
The Lord Chief Justice was of the same opinion, and
intimated that the state of the defendant's health might
be the subject of implication elsewhere, but this Court
could not attend to it.

KING'S BENCU PARTE BAILIE V. TUB
MARSHAL OF TIII KING'S BENCH.

The Lord Chief Justice said, the Court had considered
all the affidavits made in this matter, and npon the lust,
the charge of not confronting Colonel Bailie with Colonel
Mead, they were of opinion, the Marshall had given a
satisfactory answer. They thought the Mai-slut acted
discreetly in not bongingthe parties together; and al-
though he might have been justified in or epilog the party
to Horteinonger lane prison, yet the Couit thought the
cons se he took was the means of keeping the peace iii the
prison. Another gi mind of complaint was, that alter in-
f:natation given of the improper manner in which the'
coffee-house eras conducted, the Marshal did not Mune-
diate.y discharge Poole, the keeper; it, however, ap.
geared lie did discharge him some time after, and alibi,'
he might have discharged him sooner, the Court did Ind
think that the circumstance called for severe at l i 11l adver.
sten especially as it did not appear that any disorderly
conduct was observed after the month of December.—
l'et using the affidavit of Colonel Bailie, they found a
great complaint relating to the permission of turnkeys to
have rooms in the prison. A great deal must necessarily
be lett to the discretion of the keeper of every prison;
and considering the characters who went to the Alarslial-
sea, the Court had no hesitation in saying the Maislial had
a discretion to exercise in providing for the reception of
prisoners, and they could nut interfere with that discre-
tion unless they saw gond reason for interference.
Coin t had directs d that the Mai sisal, in his visits to dif-
ferent parts of the prison, should inquire and make known
onto the proper officer the persuns ii, posses:inn of such
rooms, so that ai ratigemeuts in that respect might wccl
the eye of the Court. The only remaining charge was
that of not residing in the prison. The Marshal had said
a great deal upon the subject, which might allow excuses,
but after all, the Court was clearly of opinion the Act of
Parliament iiimt be obeyed. The. Act said the Marshal
teside iii the Prison or the Rules, and that pros I,ioll could
nut be hill inged. The Court had prepared a rule to
make the Alaisisal reside in the Prison or Rides, and they
mitered that he du report next Term what he had dune,
in compliance with their order. The only remaining part
of the aabjoct was the question of costs. All that selated
to Col. Bailie of • personal nature had be-en answered ;
the citelillibinliCe of the dismissal of Poole had not been
mentioned, and he hall been confined within the walls by
the desire of his sureties, the Court did not feel them-
selves justified in giving costs.
Tenn ended.
In the matter of

Last Term a person, notated Swainbury, obtained a rule
to blgew cause why one of the I ipstaff% of the Court should
Out answer the matter of all atti.lo. it, chat ging itiat
having demanded 10% tid. for Lasing him to prison, when,
occluding to the 17th of George 11. the fee wo% no Poole
than Gs.

Dl r.l:urncy, fur the ilt•fen.tatit, this day slicncil cane
acainst ;he Ride. and put in an affidavit, slatitig, that
°nicer had acted un th estahlklied 'nage. lie pi “%.
that it Itad loon the custom, duriug wetly years p 431, fur
tLt illaDtct tualiubv I od.

'74; ;rk

THE NATIONAL REGISTER

The Court thought, under these circumstances. that the
defendant, by paying the cows of the application, and
refunding the surcharge, would answer the ends of jos.
justice. The Conti woold also make an order, that
10s. 6d. could not legally be demand, .1 in future.