The Sun.
London, England, 1858-08-06 00:00:00

WHITECROS,S-STREET P_RISON.-PRiIC-
TICES OF SOLICITORS.

In the early part of the present year a great many corn-
lsinte were made with regard to the discipliee and general
Pate of the debtors' prison in Whitecross-street, and various
eps were taken by the Gaol Committee of the Court of
lldermen with a view to its improvement. About the same
true Mr. Border, who ha? been gevernor for many years,
eared from his situation, and Capt. G. M. Hicks was
appointed governor in his steal. This gentleman, during
he few months that have since elapsed, has devoted him-
elf with great success to the discharge of the duties of his
etfice, and among other points in connection with which he
has endeavoured to ameliorate the condition of the prisoners
under his care, he has turned hie attention to the improper i
trac'ices of solicitors, and has addressed to the Court of
Aldermen a most important report upon the subject.
In this report, which will be found of great public interest,
Capt. Hicks says:—
" As gOvernor of this prison I think it my duty to bring
under yentr consideration all matters affecting its well being,
whether as regards abuses that may have crept in, which
can be corrected without dat.ger of recurrence by bold and
active measures, or in reference to salutary change, ofother
descriptions that can be effected without difficulty unless
cases for reformation be suffered to accumula'e.
" I regard as of paramount importance the subject which
I have now the honour to submit to you.
" Several of the debtors confined in this prison have
coraplained, and complain, of needless delays, great inat ten -
lion, or of exorbitant demands on the part of their
eolicit'es, and have appealed to me, unaware that I
am restricted from recommending any professional gentle-
man to them, however urgent may be the necessity or
truthful the plea that they know not whom to
trust, and are debarred from personally seeking cut of do-rs
some one in whom they could confide. The prisoners not
having any scale or estimate as a guide to the probable
charges for being tak-n through the Insolvent Court, the
solicitors demand at their own pleasure various sums—one
man asking £l2 for what another vsilldoforg6 or.E7, but the
prisoners know not which to trust. Bargains are sometimes
made and sometimes broken, and there are instances of even
more money being paid by a prisoner than he had agreed
fur with his solicitor, yet he has been utterly neglected, anti
has had to commence anew with some one else. It therefore
appears to me that prisoners anxiously seeking their etnae-
elpation should, as far as possible, he protected from extor-
tion and unnecessary delay, as the former tends to plunge
their families into deeper distress—perhaps throwing them
into the workhouse ; and the latter unfairly presses upon
the prison expenditure.
"Prisoners who are relieved by the charitable funds re-
quire particular attention, as they are often obliged to give
warrants of attorney and I 0 IJ's to their legal advisers, in
order to make up the difference between the a 4 libitum
sum demanded by the solicitor and the amount of relief
received, so that instead of being made free by the Insolvent
Court, they are sent out on the world, not only pennilese,
but in the power of the solicitor, to be at any time re- arrested
and sent back to this prison.
" A great change in these matters is most desirable, and
under that conviction I offer certain suggestions the adop-
tion of which will inevitably be attended by—
" 1. The expeditious discharge of prisoners.
"2. Economy of charitable funds.
"3. Increase in the number of cases relieved.
"4. 'The absolute freedom of the prisoner on his discharge.
".. The prevention of extortion on the part of the solicitor.
"These objects obtained, a death blow to most pernicious
practices would be struck.
"To effect them a prison solicitor' should be appointed
to conduct all charitable cases, at the same sum for each,
calculated on the average of both the great and small ones.
"'Many solicitors of respectability would accept this
trust, contented with moderate emoluments; it being of a
very confidential nature, the business continuous, and cases
numerous, £6 per head should be the maximum ; but it is
possible that the contract would be taken at a less rate, and,
by reducing the legal charges per case, by means of an
arrangement of part of the fund at the disposal of the
Commissioners of the Insolvent Court, a further saving
would be effected.

" Among instances of misconduct on the part of certain
legal practitioners, the following are submitted :
" A prisoner arranged with a solicitor to be taken through
the Insolvent Court for £B, £5 to be paid during the pro-
gress of his case, and £3 after his discharge • yet, although
he paid £7 out '
of the £B, the first payment having been on
the 3d of May last, neither his petition nor schedule was
filed up to July 14.
" There is now a prisoner here who employed a solicitor,
and agreed with him, for £lO, to be taken through the
Court, and counsel's fee g:2 11$. extra, all which he paid,
and when brought before Commissioner Law, it was dis-
covered that the solicitor neglected to file the necessary
papers, though he had them in his bag, and the commis-
sioner said the solicitor did not know his business, and re-
buked him as the cause of the prisoner's remand. The
solicitor pleaded ignorance of the forms of that court, yet
this same solicitor afterwards sent to the prisoner a docu-
ment, of which the following is a copy, requiring him to
sign it as the condition of further services:—

." I undertake that all costs, charges, and expenses, which
have been, or may be incurred by you in relation to my
petition and discharge, to which the £lO already paid to you
do not extend, shall be paid, either by me or some person on
my behalf, within a reasonabie time after the delivery of
your bill.'
" A prisoner now here states that in December last he was
introduced to a person who represented himself as a solici-
tor, to whom he stated his ease, and a lied if no would take
him through the court for ,EB. The answer was " Yes." He
was then asked if that would include fee-to counsel, and was
told it would not, when he agreed to give that fee extra. '
This so-called solicitor drew from him from time to time
£1 165., in sums of from 3s. to 10s. Then there was an
interval of some weeks; during the whole time the supposed
solicitor and an associate of his said that the business was
progressing. Afterwards a meeting took place at a public-
house, when the supposed solicitor int? oduesd another (a so-
licitor practising in the prison), but neither of them said he
was a solicitor, and be did not give the priscuer the least
hint that he intended to act for him. He casually asked
prisoner if a'l that was in a schedule which the supp ,sed so-
licitor had bought was true, and prisoner said it was, and
the person then pointed out the place far prisoner to sign.
Ile met him afterwards once outside the court, when he said
" I hear you have an opooiing creditor," and prisoner said
" T' can't be he'ped." This was all that passed, and prisoner
had no: the remotest idea that this person assumed to act
for him until he got a bill from the Inso:veist Court, c-sts
tated, amounting to £l9, in winch this person appeared as
prisoner's solicitor. Prisoner took no notice of the bill, not
having employed any person of the name. Soon after prisoner
received a notice to attend before the taxing-master to have a
further bill tax, making a whole of £33, on a writ for i
which the prisoner is now confined. Prisoner also states
that the person who first represented himself as a solicitor,
and whom the solicitor who has imprisoned him now states
to he his clerk, has been in the House of Correction two
rears fur perjury and false bail.
" Touter- from the courts frequent this prison, as do also
the agents and cltrks of obscure s9licitcrs ; they sometimes
attempt pass off as principals to get business f them-
selves. I have seen one of the touting agents with a person
in a state of beastly drunkenness, who he said was a solidi-
to and his principal, and wham I ordered out of the prison,
and threatened to give in et arge of the pallet: for making a
disturbance.

" I know an instance of a solicitor cautioning a prison
authority not to pay his representative agent any money on
kiia account, yet the casts of poor prisoners and their money
also were at the mercy of that very person, the principal
seldom attending.
" A prisoner discharged within this year was kept (in
bad health) in this gaol for nearly six months from his
solicitor having appropriated the cheque landed to him by
a elnk in Somers' t-tiolve to pay the detsiker, and tht
prisantr was at lest rt leased ley chafty-money, and kit the
P. -son in a dying:dying:stite, while his solicitor kept the cash
without a .y p-ctxt whatever, or a claim for costs.
In the following or similar phrases the prisoners are
adtressed by the illegitimate canvassers for busit,ess:—
The (Weer who am stet
,you recommended me to you. I
am an old prsetitiorcr. I have the ear of the Court. If
you have no nolvy we will talk ; f that afterwards. tin
this pap:r (a ft At er this is done, he incites the
pris;intr to make rpplicattan fir a.,sista-cr, a
certain sum is granted, and S:2 or ,01 art drawn fris'n the
prisolcr. There, is • lint ho.:stbly a second demand lit fne
tiling the petition, which is at last clone, and the s-hedule
then tnicht be filed in four days, hut as many we; ks and
trequen ly months pass without its being done, because
more money is not ferthcorning; at last it is obtained or an
I 0 U given fir it, the prisoner gets his discharge, and
shortly the I 0 U comes under the consideration of a
county court judge."

After dwelling upon the lamentable consequences but too
often arising from the detention of debtors in prison, and
going into details connected with the suggested appointment
of a " prison solicitor," the report concludes thus :--
"I should be unworthy of the responsible, confidential
situation I have been appointed to, and be total), unfit to
preside over a prison in which fin confined between 200 and
300 pers"ns, not criminals, and of every cla,s of society, if I
hesitated to submit plans by which impositions on them, in
their defenceless positions, could be prevented, and their
own opportunities and temptations to fall into improper
courses diminished.

" I am prepared to encounter any obloquy that interested
parties may cast on me. The plans I have proposed may be
discussed even by the press itself; but, conscious of the
rectitude of my motives and the soundness of my proposi-
tion*, I am willing that my narue should be associated with
their acceptance or rejection.-1 have, dm,
"G. MONTAGUE Hicxs, Governor."

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