The Sun.
London, England, 1853-12-28 00:00:00

ADafIIVIST.RATION OF JUSTICE.

COMPLAINT AGAINST MR. WARREN, Q.C., THE
RECORDER OF HULL.
( From the Legal Observer.)
" Censure is the tax a man pays for being emi
nent." The judges of our superior courts have not
unfrequently been the objects of severe attack in
the public journals. It is not marvellous, there-
fore, that a person so celebrated as Mr. Warren
should be occasionally visited with auimadver-
sion. It appears that out of the large num-
ber of two hundred and thirty prisoners tried be-
fore the learned Recorder, eight have been ordered
to be whipped, and one in particular, a youth of
the age of 15, at the last sessions, was sentenced to
18 mouths' imprisonment, and during that period
to be whipped four times. Thereupon a violent
and outrageous article appeared in the Eastern
Counties' Herald, against • such supposed undue
severity, and one of the sapient inhabitants of
Hull thought proper to transmit the paper to the
Home Secretary. The charge thus rested upon
anonymous information. Representations, we un-
derstand, were also made of the ill state of health
of the culprit, and good nature (not to say the in-
clination to popularity) induced the noble lord to
reduce the imprisonment to six months, and to
remit the "remainder" of the whipping,—of which
however none had been inflicted.
Our knowledge of the abundant kindliness of
disposition of Mr. Warren, and the sympathy which
he would feel towards any juvenile offender whose
case really deserved a merciful consideration, readily
satisfied us that the sentence, severe as it might
appear, was intended equally for the benefit of the
offender and the protection of the public. We
have, however, made it our business to inquire
into the facts and circumstances of the case, and
are glad to find in the columns of a local paper,
the Hull Advertiser, a complete vindication of the
whole of Mr. Warren's conduct. It appears that
the prisoner in question had been thrice previously
convicted of felonies, but sentenced only to short
imprisonments, and that the last offence was of a
more flagrant character than any of the former.
It was, of course, desirable to sever this young
offender from his bad associates, and, if possible,
to teach him some industrious trade. To effect
this object, not le4s than 18 months would be suffi-
cient. We fear that the mitigation of the sentence
will return him but little improved in his moral
condition. The extent of the corporal punishment
would, of course, be regulated by his conduct ;
but now the terror of the whip is at an end, the
remainder of the six months will soon pass away,
and none can tell the result.
From the Hull Advertiser we extract the follow-
ing letter of the Clerk of the Peace, which fully
refutes every part of the imputation :--
"TO THE EDITOR OF THE HULL ADVERTISER.

" Sir,—lt is proper to rectify certain misapprehen-
sions concerning the administration of justice in this
borough at Quarter Sessions, which have been occasioned
by a letter published in the Eastern Counties Herald of
Thursday last, alleged to have been sent to the Secretary
of State for the Home Department, and therefore I think
it my duty as clerk of the peace to trouble you with the
following observations. The letter above alluded to
contains several grave errors.
First—The case of William Cooper Robinson is al-
leged to be particularly striking instance of the ine-
quality of the Recorder's sentences,' as that prisoner,
convicted of attempting to obtain 1,0001. by false pre-
tences, was only sentenced to 13 months' imprisonment,
without hard labour.' This was a common law misde-
meanour, and the Recorder had no power by law either
to transport or impose hard labour, and, in sentencing
the prisoner, expressed his regret that such was the case,
and in very severe terms commented on the offence as
grievously aggravated by the station and profession of
the prisoner. The sentence of 18 months' imprisonment
inflicted on a man of education and a solicitor, and in
the gaol of his own town, was ruinous. He said on
quitting the dock that he would rather have been trans-
ported ; and he is now in a lunatic asylum hopelessly
insane.

"Second—The boy Regan (aged 15), is alleged to
have committed only ' trivial crimes.' He had been
three times previously convicted of felony, viz., on the
11th Nov., 1852, the 27th April, 1353, and the `27th
May following. He had on each occasion been sen-
tenced by the-magistrates to a short period of imprison-
ment, and on one occasion to be whipped. On the 11th
October he was nevertheless again committed on a clear
case of felony, aggravated by ingratitude ; and the in-
dictment expressly charged two of the previous Convic-
tions, in conformity with the recent statute 12 and 13
Vict. c. 11, s. 3, by which he was liable to two years'
imprisonment. The Recorder expres
reclaim appa-
sly stated in pass-
ing sentence, that his object was to
rently incorrigible offender, and separate him for a long
period from his guilty companions. He also sentenced
him to be four times, not five times privatelywl-.ippe
at intervals during the imprisonment,
alsf secured re d for the
had proved ineffectual.
prisoner the assistance of H.
e alsdo'ililauncsoeunsel at the Ses-
sions, by whom he was virl:o;sil;defended. The fore-
man, d d the prisoner to mercy,
of the jury
but on hearing of the three
supposing it a first offence,
convictions, abstained from doing so. The Recorder
visited the prisoner in thre gaol after the Sessions, when
he expressed gratitude fo having had a counsel given
him by the Recorder. He made strict inquiries as
to the state of the prisoner's health (as he had
had,
since the sentence, a fit of an epileptic nature,
but
from which he was recovering), and shortly after-
wards the Recorder wrote from London to the governor
on the subject, and found that though apparently well
enough at the period of his committal and trial, he was
not in good health, and that otherwise than in respect
of epileptic fits ; that a physician was going to visit him,
and, if necessary, he would be transferred to the infir-
mary. I have every reason for believing that under the
circumstances any application for a remission of either
the whippings or imprisonment would have been sup-
ported by the Recorder himself, whose own authority
had expired with the Sessions. No whipping at all has
been inflicted on the prisoner, who is now conducting
himself satisfactorily in the gaol,!and attends school, and
is learning a trade.
" Third--The letter speaks of 'painfully numerous
flogging sentences' inflicted by the Recorder. Now out
of 230 prisoners tried by him, many of whom were liable
to whippings, he has ordered whippings in only eight
eases, and every one of those of apparently incorrigible
boys, who had been previously convicted of felony and
other offences twice, thrice, four, and even eight
times. When it is necessary to carry the sentence
into effect, the surgeon is present ; the character of
the infliction depends entirely on the conduct of the
prisoner in the gaol, and there has been no single
instance of undue severity. The effect is declared
by both the governor and chaplain to have been very
salutary.
"The Recorder di,l not sentence any prisoner to be
whipped until his third sessions, when he found it neces-
sary from the increasing numbers, and the recklessness
of juvenile offenders. The result is—that, as stated in
the chaplain's report to the magistrates at the last ses-
sions, there are now fewer prisoners than there have
been at any time since October, 1846 ;' and that whereas,
the two calendars preceding the last contained no

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fewer than 17 prisoners unclbs..T44eaiyirags
contained only two.'
"The Recorder's humane anxiety to do full justice to
every prisoner, and the special pains he takes to inform
himself of all facts bearing. on the quantum of punish-
ment are known to all who attend the court • and he
constantly states, when the occasion arises, that his ob-
ject in punishing is to reclaim and prevent'.
" I believe there is not a prisoner in the gaol who
does not admit
,having had a fair and impartial trial.
" All the foregoing facts can be verified by the proper
authorities, and it is right that they should be known,
to prevent misunderstanding, out of respect to the Judge
and all concerned in administering justice."
"J. H. GALLOWAY, Clerk of the Peace.
"Hull, 7th Dec., 1853.

An able leading article appeared in the Hull
Advertiser on this subject, and which we extract,
because it is disinterested, for the editor arid Mr.
Warren are of different political sentiments. A
sense of justice, however, has induced the writer
not only to insert the preceding letter of the Clerk
of the Peace, but to bear honourable testimony to
the judicial conduct and character of Mr. Warren
during the whole period of his recordership :
" The seeming censure upon the learned Recorder of
this borough, implied by the remission of the sentence
passed upon a young felon named Regan, by the noble
Secretary for the Home Department, has induced the
Clerk of the Peace, Mr. Galloway, to address to us an
exceedingly well-written letter, with a view to correct
the mischievous reports put abroad upon the subject.
In the first place, we beg to assure Mr. Galloway that
no impression unfavourable to the conduct of the re-
corder, as an upright, pains-taking, conscientious, and
really humane judge, found at any time a place in our
mind. Almost as constant in our attendance at the
Court of Quarter Sessions as the Recorder himself, and
rendered doubly observant by our opposition to many
of his well-known political opinions, we enjoyed oppor-
tunities of forming a judgment as to his real merits, which
enabled us to treat with contempt the silly gossip which
found its way into sotne of the London papers concern-
him. And being opposed on principle to the whole
system of flogging, whether in the army, the navy, the
prison, or the public school, we were especially careful
to ascerfairn, long before the boy Regan was tried, the
degree of severity, and the exact circumstances under
which the punishment of whipping was inflicted in the
Hull Borough Prison. The result of that inquiry was,
to satisfy us that, supposing the punishment of whipping
to be retained, it did not matter a great deal whether in
18 months a lad was sentenced to be punished twice or
four times. We knew right well that the first person to
inquire about the state of the prisoner's health, and, if
necessary, to suggest mild and reformatory treatment,
would be the presiding Judge, Mr. Warren. We feel
confident that if it was deemed by the Governor, the
surgeon, the chaplain, or the visiting magistrates, desir-
able to obtain a remission of the lad's sentence in conse-
quence of either bad health, or wonderful moral improve-
ment, the Recorder would be one of the very first to sug-
gest an application to Lord Palmerston—nay, he would
be the very first to petition the Crown to be made the
bearer of a message of mercy to the prisoner. And even
now, it may be that he was consenting to the exercise of
the Royal prerogative of mercy by the noble Home
Secretary. The only mistake now made, was the not
selecting the Recorder as the medium of making known
to the people of Hull the remission of Regan's sentence.
And we have not the least doubt that this resulted from the
noble Home Secretary not being aware of Mr. War-
ren's personal attention to the interior economy and
general management of the Hull gaol, as well as to the
individual condition of the prisoners, Before Mr. War-
ren's time, it was very unusual for learned recorders of
this borough to trouble their heads in the way which he
does about the reformation of the prisoners tried before
them. They were content with the correct discharge of
what was understood to be their regular official duty.
But he does a great deal more ; and out of this excess of
labour has sprung the kind of opposition which he has
hitherto experienced in Hull. This has- its origin, not
in bad feeling, but in an excessive jealousy of any undue
severity on his part. His great powers of personal ob-
servation enable him, by the exercise of a sort of pres-
cience, to detect latent crime in the countenance of a
prisoner, and thus he is sometimes prompted to address
his warnings to the unacted vice before him, as well as
to the small acted part revealed in the evidence. Those
who have eyes, but see not, cannot comprehend this, and
deem him at times rather sharp in his admonitions. But
he is an excellent judge, nevertheless, and requires only
to be well supported by the magistracy to effect a won-
derful reduction in the juvenile criminality of the
borough. While, therefore, we thank Mr. Galloway
for the explanation which he has given, we would sug-
gest to him not the trouble himself much about idle
rumours to the Recorder's prejudice. Mr. Warren is
large enough to be the object of such attacks ; and he
possesses greatness enough in himself to be able to con-
sign to utter nothingness myriads of those capable of
making them."

HIGH WATER AT LONDON 'BRIDGE.
Tina DAY —Morning 0 min.after 0 I Evening 57 min.aft. 11
To-Moitaow— Morning 27 min.after 12 1 Evening 52 min.aft. 12