The Sun.
London, England, 1825-07-30 00:00:00

disposition of a most material witness. after eleven' f the jury
had been sworn. The charge against the defendant was, that
he was guilty of gross-negligence and inattention in the dis-
charge of his duty, whereby a grievous injustice was imposed
upon an innocent man. With the guilt or innocence of the
party suffering, the jury had nothing to do. Admitting bins to
be the most infamous of men, the offence of the defendant could
in no degree be lessened by that circumstance. As a 3lagis-
trate, he had grossly violated his duo. ; and if the Jury were
satisfied of his guilt, they were bound to say so by their
verdict.
Mr. Thomas Agar, Governor of the Gaol and House of Cor-
rection at Maidstone, produced the commitment, signed by the
defendant, dated the 30th of July, 1822, whereby Baker was
adjudged to three months' imprisonment and hard labour, under
the authority of the statute 3 Geo. IV.
John Baker, the prosecutor, deposed as follows :—ln July,
1322, I lived in Deptford. lam a married man, and was a
housekeeper, and carried on the business of a green-wocer and
fruiterer. I lived there near 18 months. On the 30th ofJuly,
between two and three o'clock, as near as possible, in the af-
ternoon, I was near the fence of the Observatory in Greenwich-
park,rand had turned aside for a natural purpose. I then came
on a little way, at which time my dress was properly adjusted,
and heard a child crying. She was about 20 yards from me. I
went and spoke to her. I asked her what she was doing there ?
She said she was selling matches and lace in the Park. At the
time I spoke to her, I swear most solemnly that my person was
not exposed, and my dress was completely buttoned. After I
had spoken to her, I observed three men lying on the grass at
some distance ; they were between 50 and fill yards off the place
where the child sat. I afterwards learned that one of them was
named Ferguson. One of them came up to me after I had got
out of the park some time. I had just got to the Greenwich
great gate when he called out to me, "Ar n't you a pretty—
to behave in the manner you have done to this girl ? The other
two men west in search of Egglestone, the constable. I was given
in charge of Egglestone. I was first taken to Colonel Foreman's,
and then to the office of Mr. Eicknell, who was there, and he
told the constable to take me to Mr. Constable's house at
Lewisham, I was accordingly taken there, a distance of a
mile and a half, but he was not at home. I was then brought
back to the office. After Mr. Bicknell's clerk had written some
papers, he gave them to the constable, anti desired him to
take me to Mr. Constable's again. The constable took the
papers from the clerk, and took me to the house of Mr.
Brown, son-in-law to Mr. Constable. The constable went in,
and left me outside the door. The girl and the men were on
the opposite side of the road. The constable came out and
took me away to the watch-house. 1 never saw Mr. Con-
stable on that occasion, nor have I ever yet seen him in my life.
Egglestone delivered me to Cassano, the officer, who locked
me up. I remained there that night. Next day, between two
and three o'clock, llotiges, another constable, came for me.
I asked him where I was going. Ile said lie had got Mr.
Constable's commitment, and that he was going to take me to
Maidstone gaol. When he came to 'the Lion and Lamb,
where the Maidstone coach stops, we ftiund the coach full.
was then taken back to the watch-house, but I was removed to
the lock-up house for the night, where Hodges told me I could
be better accommodated. 1 was locked up until next day. I
was then taken to Maidstone gaol, and was kept there three
months at hard labour.
The cross-examination did not In the slightest degree shake
this statement.
Egglestone, the park keeper, and Crouch, the constable,
proved the commital of the prosecutor.
Maria Baker examined.-1 am the wife of John Baker. I
remember his, being taken into custody, and sent to Maid-
stone jail. At that time he had a horse and cart, and used to
move goods, timber, bricks, or any other things which he
might be employed to carry. lie also had a green-grocer's
shop, which I used to mind. Since that time he has not been
able to keep either horse, cart, shop, or house over his head.
He has been totally ruined. On the Ist of August he was
taken to ;Maidstone jail. I came to Maidstone on the 7th.
At that time the Assizes were going on. I saw Mr. Constable
at the Star Inn, in the evening. I petitioned him to release my
husband. He told me not to fret, but to be with him to-morrow
at 8 o'clock, that he shoul I release him, and that I should take
my husband home with me, for he (Mr. Constable) had never
seen him.' I called upon him at 8 o'clock, according to his de-
sire. Ile gave me an order to see my husband. Ile told me
he should go into Court, and that there should not he a stone
left unturned but what he would serve me. • I saw him again
repeatedly during the Assizes. I saw him on the last evening
of the Assizes, just before the carriage was ordered to depart.
He then told me to meet the 'Bench of Magistrates at Green-
wich, and he would then see what could be done fur me. I
saw him no more after that., I addressed the Learned Judge at
the Assizes, representing the injustice Which had been done my
husband, but the Learned .Judge said he could do nothing for
him. _
Cross.examined.—l did not afterwards attend the Bench of
Justices at Greenwich. I stayed in this town in order to be near
my husband.
By the LORD CHIEF JCSTICE.—The reason I have for
saying that my husband was totally ruined is, that he was
obliged to part with his horse. cart, and shop, in consequence
of being shut up in prison, and I wished to be near bins to do
what I could for him. I was not able to attend his business.

This was the case for the prosecution.
Mr. Men R vesT then addressed the Jury on the part of the
,defendant. The Jury would observe that the indictment did
:not impute to the defendant any corrupt or malicious motive in
this transaction, and therefore he was at a loss to conceive
how this-prosecution could be sustained, it appearing in point
of ~fact that there had been a conviction of the prosecutor,
Whether it was an, irregular or erroneous conviction was not
the ,eenestion. It was perfectly clear that there could be no in-
tentionil ill-will on the part of the defendant towards the pro-
secutor, ,for neither had seen the other in die course of their
lives, and .-consequently there was a complete absence of every
Thing or malicious motive. The Learned Counsel
entered intrea detail of circumstances, afterwards proved by .the
witnesses-whom he called. In conclusion, he rested mainly
upon the legal effect of the conviction which remained in force ;
and contended that, in point of law. it wes a complete defence
of Mr. Constable, and an answer to the indictment,
Before the evidence for the defendant was gone into,
Egglestone, the constable, was called up again, .and exa-
mined by the LORD CHIEF JUSTICE. In addition to his
Miner evidence, he said, I took the papers given to me by Mr.
Beale to the defendant. I told him that I had the prisoner and
the accusers outside, ready to he called in and examined. I
told him what the prisoner was charged with. I delivered the
Rapers up to him. Be read them, and signed them. I dis-
tinctly told him the witnesses were all outside.
Evidence for the defence •
Mr. Thomas Beale; clerk to Mr. Bicknell, the Magistrate's
clerk, produced a certificated copy of the conviction of John
Baker, the original of which had been transmitted to the clerk
of the peace.
The copy of the conviction was then put in and read. It
wee drawn up in the form given by the statute. It stated on the
facCof in that Baker had been duly convicted by the defendant
upon the oath of Abbott and Ferguson, who were sworn before
the defendant.
Cross-examined—l did not transmit the conviction to the
Sessions. It was rot my place to do so. The conviction was
drawn up just before the Sessions.
A short discussiOn on a mere technical point here intervened,
after which witnesses were examined.
Joseph Abbott examined—l am a waterman living in Lon-
don. I know two young men, named Chamberlayne and 'Per-
guson. The former is a waterman. Ile and I brought down
a fare from London to Greenwich on the 30th of July. We
were in return with our fare. About two o'clock we went to
take a walk in the Park. We met with Ferguson in the town.
and he walked with us. 1 saw Baker sitting by the side of a
female child.
.11e was exposing himself to her in a beastly
kind of manner. I did not hear him. say a word. I was not
near enough to hear any thing that he said. I observed him
go to the fence of the Observatory. He returned to the child
again, his pers.= being disposed in a beastly sort of way. lie
was with the child three, or four, or five minutes. I dare say
he saw me, for he quitted the child. As soon as he was gone,
we went and spoke to the child, and asked her what he said.
After that Ferguson ran after him. I did not see Baker run ;
the trees prevented my seeing which way he went. Nobody
went for the constable, but when we got out of the park we
found Ferguson, the constable, and Baker together. We then
went to the Magistrates, the constable leading the way. We
afterwards went to Lewisham. I don't know the name of the
gentleman to whose house we went.
Cross-examined—l live at No. f, Jaceb-street, Dockhead,
Bermondsey. When I first saw Baker with the girl, I watched
him in the manner I have described for four or five minutes.
He then went to the fence, and stayed there about a minute.
The fence was about 12 yards front the spot where the girl
:tat- When he returned he stood before the girl. We Aid not
go up to prevent what he was doing. He was 30 or 40 yards
offwhen we saw what he did. Ferguson works at a tanner's in
'Bermondsey. He is not a waterman. We met him in Gieen-
wide. None of us rose from where we sat, before Baker went
10 the fence. 1 gave my address to souse gentlemen at the
office. Baker was 200 yards off when Ferguson ran after him.
I received ss. for information. The constable sent us to a gen-
eleman'elouse, and we received ss.
Re-exathined.-I knew nothing about the ss. before this.
W-A;en I first saw Baker and the child, I thought she was an
obitx girl than she turned out to be, or else we should have
gone rip to theenan before.
Thonias -Ferguson examined.—l am tanner, and live at
No. 9, Mill-street, Bermondsey. On the 30th of July 1 went
down to iireenwicti for pleasure. I fell in with Abbot and
Chamberlaiete going into a cook's shop, in Greenwich. We
took a walk ttsgeth.:l-r into the e observed a man and