The Sun.
London, England, 1840-02-06 00:00:00

CASE OF FROST AND OTHERS.

Mr. LEADER said he had to present a petition
from John Frost, setting forth the circumstances (which
ws:re known to the House) of his trial, and the objec-
tions taken by his Counsel ; but there was one very
strong point in the petition to which be would call the
attention of the House. The petition stated that the
three Judges who tried them expressly declared that he
should have the same benefit, with respect to the ob-
jection, as if it bad been decided at the time of his trial,
and that two of those Judges had since declared their
opinion that the objection was a good and valid one,
and that therefore the prisoner ought to be acquitted.
The petitioner, therefore, prayed for a free pardon.
He (Mr. Leader) had been informed that it was the
intention of Hon. Gentlemen opposite to apply flr
copies of the short-hand notes taken at the
trial, when it would be seen what had passed on the part
of the Judges and the Counsel for the prisoner. As
the matter was of vital importance to the priso-
ner who was now on his way to Van Diemen's
Land, be should submit to the House a motion on the
petition of which he had given notice yesterday, and
should move that an humble address be presented to
her Majesty, praying that her Majesty would be gra•
ciously pleased, under the special circumstances of the
ease, to grant a free pardon to Frost, Williams, and
Jones.
Mr. HUME said he had a similar petition to pre-
sent from William Jones, who stated that he had relied
on the truth, faith, and unimpeuched justice and inte-
grity of the Judges, and that two of them having de-
cided that the prisoners ought to be acquitted, the peti-
tioner humbly craved the performance of their promise.
Mr. DUNCOMBE presented a petition from Z-
phaniah Williams, to the same effect as that presented
by the Hon. Members for Westminster and Kilkenny.
It wag signed by 18,420 individuals, all pray-
inc,' for the pardon of the unfortunate individuals. H.:
had another petition from Finsbury to the same
effect, signed by 460 individuals. He had another
from the parish of St. Luke's with 298 signa-
tures, and another signed by 6,000 persons in the
vicinity of London : it, had been signed within the last
24 hours, in consequence of the intention of the Minis-
ters to commute the sentence to transportation for life
being known. They all prayed the interference of Ow
House in behalf of Frost, Williams. and Jones—first,
because a majority of the Judges thought the objection

was a good one; secondly, because three Special Juries
recommended them to mercy ; thirdly, because 200,000
petitioners had prayed the Crown for mercy ; fourthly,
because the opinion of the Judges rendered the trial in-
valid ; fifthly, because no power of the Constitution could
award a punishment without first granting a new legal
trial ; sixthly, because the legal officers of the Crown
bad no right to punish the prisoners with a commuted
punishment more severe than that to which they were
sentenced. They therefore prayed for a free pardon.
Colonel SAL WEY presented a petition to the same
effect from certain inhabitants of Finsbury ; from cer-
tain inhabitants of Whitechapel ; from St. George's in
the East ; and one to the same effect from Westmin-
ster. He had also one signed by 6,320 inhabitants
of London.

On the petitions being ordered to lie on the table,
Mr. KELLY suggested that the Hon. Member for
Westminster would postpone his motion for a short
period. It might have occurred to the Hon. Member
that the House at that moment was not in a situation
to entertain the question. They had nothing now to
stand upon but the unsupported allegations of the pe-
titioners. He thought that some measures would be
taken for bringing the facts of the case before
the House, when they could decide whether they ought
to address the Crown or not. He therefore suggested
that the Hon. Member would postpone his motion
until that information had been laid before the House.
Mr. LEADER said—Considering the position of
that Learned Gentleman with regard to the prisoners,
he would agree to his suggestion for postponement.
After presenting some other petitions to the same effect
the Hon. Member said he hoped the Government would
not deal with the prisoners while the matter was yet
pending. •
Lord J. RUSSELL—Of course I cannot presume
to doubt the discretion of the Hon. Gentlemen, but
as they seem to presume that further information
will be laid on the table, I think it neces-
sary to state that so far as the Government are
concerned, they are not prepared to lay any further
information before the House.--(Hear.)
Mr. LEADER (after a pause of a few minutes)
said, after that declaration, unless the Learned Gentle-
man declared that he might be in a better position
hereafter to forward his object, he should persist in
bringing forward his motion now.
Mr. F. KELLY said he did not feel himself now
called upon to answer the observation of the Noble
Lord. The Government could not certainly have
made up their minds to refuse papers, of the
nature of which they were not aware. No
Member would be stopped or precluded by what
had fallen from the Noble Lord.—(Hear, hear.)
Mr. LEADER would then postpone his motion
till further papers were produced, or further opportu-
nity of discussion were presented.
Mr. EWA RT presented a petition from Birming-
ham, signed by several thousands, in favour of the
prisoners, and he would call the attention of the House
to it on Tuesday next.