The Sun.
London, England, 1862-01-16 00:00:00

THE GREAT UNPAID.

Another instance not only of the general incapacity,
but party spite, of this county social evil took place at
Colchester the other day. We subjoin an account of
the proceeding, forwarded to a contemporary from " An
Essex Man." Although in the present instance these
worthy knownothings exercised not only ignorance,
but wanton and criminal injustice, still it is a satisfaction
to find among them one man at least who has self-
respect and a sense of the responsibility of his office, not
only in this world but hereafter, endeavouring to withstand
the relentless, unjust, and monstrous conduct of his un-
worthy coadjutors. We would ask some of these gentle-
men (if they have any feelings at all) how they would like
one of their own children, for stealing apples, or some other

juvenile though wanton offence, to be cast into prison among
professional thieves and vagabonds. All honour to Mr.
Havens for his bold defiance of the petty tyranny and
vested interests.
TO THE EDITOR OF THE MORNING POST.
Sir,—Various comments have lately appeared in the pub-
lie papers upon the disproportionate degrees of punishment
inflicted upon offenders brought before our paid magistrates,
and will you permit me to call your attention to three deci-
sions of " Country Justices," who are not often subject to
the wholesome criticism of the press ? David Radford, a lad
under 16 years of age, was brought before the county magi-
strates at Colchester, on the 4th inst., for stealing "a piece
of bread and a small quantity of apple-pudding." The pro-
secutor had left it in his pantry, and missed it soon after-
wards. The only evidence against the prisoner was his om n
admission, on being questioned by the police, that he had
been to the pantry to return a hoop, which he had borrowed
to fetch some water with, and that he had then taken the
piece of bread and pudding. Mr. Havens, one of the magi-
strates, according to the report brought before me, con-
tended that if the boy was merely returning the hoop and
cut a slice off the pudding, it was a very trifling offence.
The following colloquy then took place, from which it will
be seen the lad had already been five days in confinement,
was labouring under the ague, and was further sentenced
to seven days' hard labour :

"Mr. Havens asked Mr. Daunt, superintendent of police,
what instructions he issued to the police as to asking ques-
tions of persons suspected of theft.
" Mr. Daunt said he did not know whether this was the
proper time to ask for the instructions issued to the police ;
if, however, the bench thought it proper he would hand Mr.
Havens the chief constable's instructions to the police.
" Mr. Havens said it appeared to him that questions had
been put to the boy by the policeman which had elicited
from the boy himself the evidence against him.
" Mr. Daunt said as Mr. Havens had an unfavourable
impression against the police, he (Mr. Daunt) might at
once say that the police had acted properly in the course
pursued, for it had been held over and over again that ques •
tions of this kind might be put to a person before he was
taken into custody,

" Mr. Havens said ho had no unfavourable impression
against the police, and was only anxious to know whether
it was a proper course to put these questions to a person.
" Mr. Daunt said it was perfectly right and proper to put
such questions before the party was actually taken into
custody.

" The Court was informed that the boy had been in con-
finement five days, and that ho was labouring under ague.
" Mr. Havens—As an individual magistrate, my opinion
is that one day's imprisonment will be sufficient to meet
this case.

" Mr. Gower—We can adjourn to a private room to dis-
cuss the question of the punishment to be inflicted.
" Dr. Bree—l never heard of such a thing as magistrates
discussing in public what punishment they should inflict
upon an offender.
" Mr. Havens—l cannot meet the magistrates in a pri.
vete sitting, for they have put words into my mouth which
I never uttered. (Applause.)

" Mr. Gower—Then you accuse the whole bench in their
public character of being capable of uttering falsehood ; for
there can be other meaning to what you say than that.
" Mr. Havens—The chairman has thought proper again
to op en a question which I thought was settled, by writing
a letter to Mr. Hawkins in which he attacks my character,
and alluded to a letter written by the clerk to me, inform-
ing me that the bench refused to hold intercourse with me.
"Mr. Gower—l move that the Court adjourn.
" Mr. Havens—You must put it to the vote.
" The Chairman then put the proposition, and all the
magistrates but Mr. Havens voted in its favour.
"Dir. Havens—You have not taken the votes on the
contrary.
" Mr. Ewen—All against it. (Mr. Havens held up his
hand, and several in the court again applauded.)
The magistrates, with the exception of Mr. Havens,
then adjourned, and after a few minutes' deliberation they
returned into court, and sentenced the prisoner to seven
days' hard labour."
The)..cu nso xo tf caagsee, we
hears
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he sold for Sd.

it In answer to Mr. Havens, it was statad by the clerk
that the bench had now the option of inflicting a fine or
imprisonment.

Mr. Havens thought the infliction of a fine would bo
better than sending such a child to prison.
" The Chairman—Put down your proposal.
" Mr. Havens—Then I propose that he be fined ss:
" The Chairman—And what punishment in default?
" Mr. Havens—ln default let him have 14 days of it,
" The Chairman—The majority of the bench are of
opinion that the prisoner should be imprisoned for 14 days,
and that sentence was passed accordingly."
Two days afterwards Benjamin Southgate, labourer, was
brought before the borough magistrates at Colchester,
charged with damaging underwood, the property of Lady
Cowper :
" The mayor said under a recent act the bench could in-
flict a heavy fine; and on a second conviction, in default
of payment, could order a sentence of imprisonment. Very
likely he thought he was doing no harm, and if he had
been civil and respectful when spoken to, the bench would
have been disposed to overlook the matter altogether. As
it was ho would only be called upon for the expenses,
which the clerk had reduced from lls. to 7s. Defendant
said ho had no money. The mayor said he would pay it
for him, leaving it to his honesty to return it at any con.
venient time ; but he strongly advised him to be civil to
notu only
months bring-
ing apneodplleeftfotrhethceoufurtt.ve. The defendant thanked the mayor,
The magisterial differences which have gained such un-
ore
ronlmyeaciignhgt yearsa
piee
piece
old,
o f
un-
happy notoriety
jtushrtoiuccg,hboeugut En s sne and
thl _aare
n_
into contempt a Court which should be dignified and
sacred, but are, it is feared, sadly interfering with the ad-
ministration of
,ifaglarinehnTtpemtrhisbeoerrsingeognnhtgtl3f;:emoustrances of Mr.
was when s
sentenced,
tcehniel child,
Punch, took the matter
up at the time ;
butter. Your
yt o
cdays'()n contemporary,
and discord, breaking out in all sort of ways,
has since reigned in the court, much to the delight of thq
scandal-loving portion of the public.
mporary, Arr.
In enclose wy card, and beg to subscribe myself,
Esaz