Star.
London, England, 1831-08-29 00:00:00

MONDAY EVENING, AUGUST 29, 1831.

N. 13,873.

DEACLE'S PETITION.

The humble petition of Thomas and Caroline
Deacle, of Marwell Farm, in the parish of Owsel-
bury, in the county of Hants,
1. is SnowcTss--That your petitioners have read with
inexpressible indignation, in the public newspapers, mime•
roue allegations made against them which are wholly false,
I scandalous, and malicious, calculated to blast their charac-
ters, to injure their pursuits in life, and utterly to destroy
their peace of mind.
2. " That amongst these false and scandalous allegations,
Mr. Francis Baring is represented as having described your
petitioner, Thomas Deacle, as one who, during the late dis-
turbances in this county, incited men to machine breaking,
encouraged them to demand a reduction of tithes, and ac-
companied them illegally to demand money; and was with
them when they received money thus extorted ; that /our
paitiessr, Caleilew Dame!. was Ili person who watiployed the
influence of her sex, and the power of her station, to ruin the
poor and ignorant who lived in tier neighbourhood, and that
she was present with a mob when they demanded, extorted,
and received money.
3. " That, amongst these false and scandalous allega-
tions, Mr. Thomas Wilde, Serjeant.at.law, is represented as
having said, " In one case the mob went to the house of a
Mrs. Long, headed by Deacle and Boyce, and having com-
pelled her to sign a paper for the reduction of rent, they af-
tewards demanded money. Fifteen pounds were at first de-
manded, but they afterwards consented to take five pounds ;
and after having spent the day in making collections of this
kind, they adjourned to the Downs, when Mr. Deacle and
Mn,s Deacle, who were with them, superintended the dis-
tribution of the money."
4. " That your petitioners most solemnly declare to your
honourable house, that every thing expressed in the words
above recited, is utterly destitute of truth ; that it is false in
matter as well as in expression ; that there is not a shadow
of ground for eithcr of the above allegations ; and that your
petitioners, if your hon house should think poper to permit
them so to do, will clearly prove, at the bar your honour.
able house, the perfect truth of the denial which they here
give to those allegations.
5 " That your hon. house ought to be informed, that
an indictment was, just at the close of the session
of the Special Commission, preferred against your petitioner,
Thomas Deacle, but not against your other petitioner, Ca-
ro!ine Deacle; that a true bill was found, but that the coin.
mission V/114 suffered to expire wi bout bringing your peti-
tioner to trial ; that the indictment was brought on for trial
at the last Lent Assizes at Winchester: that the prosecu-
tors produced the whole of their evidence: that one of their
witnesses, of the name of Collins, on his cross-examinatio
acknosledged that he would not say that he had not said
that he knew nothing against Mr. Deacle ; and,
upon being asked whether he did not believe that
he would have been prosecuted himself if he had not
promised to give evidence against Mr. Deacle, he
said he believed he should have been prosecuted if he had
not made such promise ; that another of the witnesses for
the prosecution, of the name of Barnes, a carpenter, upon
his aces-examination, stated, that during the trials under
the Special Commission, he being in the dock, and
about to be put on his trial, the jailor, Beckett, called him
out, and took him into a room where there were Walter
Long,a magistrate,and another person whom he believed to be
Bingham Baring, who told him that he should not be put
upon his trial if he would come and swear against Deacle;
that another person of the name of Prtckett was called as a
witness by the prosecutors, and that when the counsel for
the defence rose to cross-examine this witness, the counsel
for the prosecution interfered, and said that they meant there
to stop the prosecution for want of sufficient evidence ; that
the counsel for the defence persisted in a wish to go on, in
order that the witnesses of his client might be produced, but
that the judge interposed his authority, observing that the
defendant was honourably acquitted, and could want nothing
more; that upon this pan of the subject your petitioner
beg leave to point out to the attention of your hon. house,
that Charles Seagrim, the attorney of Francis and Bingham
listing, was the attorney employed in the carrying on of
this prosecution, and that the said Seagrim was a co-de-
fendant in the action which your petitioners lately brought
against the said Baring, and others.
6. " That the allegations complained of are by the news
papers represented as parts of speeches &livered in your hon.
house but your petitioners having been informed that your
honourable house will not receive any petition which
com-
ments on speeches made in your honourable house, do not
ptcsume to say that the hon. members named in this peti-
tion did actually utter the words which have, by the news-
papers, been attributed to them ; but they complain of the
grievous hardships and injurious consequences which have
already resulted, and which cannot fail continually to re.
suit, from such calumnies being propagated, as coming from
members of your honourable house in their legislative ea-
pacities ; and the more so, since it is impossible for them
,to escape these terrible consequences, without the interfe-
retne of your honourable house, in such way as to your
1 honourable house shall seem meet.

7. That with regard to thevrordi imputed to Mr. Ser.
jeant Wilde, they feel themselves doubly aggrieved, as the
said Serjeant was retained by your petitioner, Thomas
Deacle, in the action lately tried at Winchester, but that he
dal not arrive at Il'incliester till after the trial ; yet he is
notwithstanding represented as making a speech tending to
the destruction of your petitioner, while he had your peti-
tioner's money in his pocket as his advocate.
8. " That your petitioners deeply lament the necessity
which they feel themselves under, of thus trespassing on
the time cf your honourable House ; :but that they I ope
your honourable House will have lilt goodness to consider
the extent of injury done them, as aforementioned ; as an
instance of which, your petitioner, Thomas Deacle, informs
your honourable houre, that he was in treaty for a farm
belonging to his Grace the Duke of Beaufort, which farm
he was very desirous to rent, while the steward expressed an
equal desire to have him for a tenant ; but that, in conse-
quence of the allegations made against your petitioner, as
aforesaid, the steward has announced to your petitioner that
the Duke of Beaufort refuses to receive him as a tenant.
9. " That your honourable House must be convinced
that no individual fortune in the middle rank of life can
possibly withstand the assaults made against reputation, as
afoiementioned ; that your honourable Housewill at once
perceive that no character can stand against attacks spread in
this manner all over the kingdom, and coming forth, as in this
case, under • the pretended unction of your honourable
house.

10. '• That therefore your petitioners beseech your ho.
nourable house compassionately to lend an car to a recital of
the treatment which they hays experienced, a recital which
they will make as brief as possible, omitting unimportant
eitcumstances, but pledging themselves to prove, on the
oaths of witnesses of unquestionable veracity, the truth of
every part of the statement shicb they now submit, in the
hope ut obtaining justice at the hands of your honourable
house.

11. " Consoled by this hope, they now stare, That on
the 24th of November, 1830, at about two o'clock in the
day, William Lewington and John Switzer, constables of
Winchester, came to the house of your petitioners, being
the bearers of a warrant signed by the Rev. Robert %'right
and one or two other magistrates of Hampshire, and served
it en your petitioners, wbo immediately, without any hesi-
tation, were preparing to dress thennktivcs in it becoming
manner, in order to go with the constables, in obedience
to die warrant, that, in about five minutes after the consta-
bles entered the house, they Were' followed with great ap-
parent violence, and with great rudettess, by Francis
Baring and Hingham Bating (being two magistrates of the
county), by Robert Wright (clerk,) by Mr. Deese
(Winter). of Winchester, and by one S:eagrim, an attorney
of Winchester. who Is the pettier' of •another attorney
named Woodham who are the, attornies of Messrs. Francis
and Bingham B.ring; that, upon these parties rushing
into the honic, Bingham Ruins seeing a friend of your
petitioners, or the name of 'YETI'S, in an outer-room, whb

was changing his cost, put a pistol to hie bead, having at
the same time a dagger in his hand. that he then filing/ea
the rest of these violent intruders into the inner room, or
parlour, where your petitioners were; that then Bingham
Baring came up to your petitioner. Thomas Disci', and
striking him upon the shoulder, and then seizing him by
the arm, exclaimed, " You are my prisoner r' that at the
same time, or the instant afterwards. Francis Baring also
seized your petitioner by the collar, while Robert Wright
seized hold of the hinder part of his coat ; that thus
seized, Bingham Baring having hold of an arm, Francis
Baring of the collar of the cost, Robert Wright of the hinder
part of the coat, Bingham Baring (in a commanding and
menacing voice) said to the constable, Mr. Lewington
(Switzer being sent into the yard to bold the horses), • Do
your duty !' and Francis Baring, on the constable waning
to hesitate, said, ' Do your duty, do your duty ;' in a very
quick and stern manlier. That the E
constable, in a cons -
sionate tone, while putting his hand Ina his coat et,
;7s
answered, ',There's no occasion for that, sir Mr. e,'
will go quietly ;' whereupon Bingham Baring looking
sternly at the constable, said, • Hand.bolt them !' that
Lewingtoa put the hand-bolt on one of your petitioner's
(Thomas Deacle's) hands; that while he was doing
this, Mr. Francis Baring quitted his bold of your
petitioner's (Thomas Deacle's) collar, went to another mutt
of the room, seized hold of your petitioner's (Caroline Des-
ck's) hand and arm, in order to compel her to submit to be
hand- bolted ; that in spite of the supplications of your pe-
titioner, Thomas Descle, who represented in the most feel-
ing manner the delicate and precarious state of health of his
wife, she was brought up by Francis Baring, who held her
arm until her wrist was fastened in the same bolt with that
of her husband; that Mr. Lewington had been or-
dered at the jail to bring a pair of Vila hand-bolts
with him, and that he had them in his pocket, but
did not pull them out ; that at this time Bingham
Baring went into the outer room for the purpose of disabling
the fowling-pieces which were placed in the corner of the
room ; that your petitioners were now marched off from the
inner room towards the outer room, handcuffed together,
Francis Baring still holding the right hand and arm of your
petitioner, Caroline Deacle, her left hand being in the
• bolt ; that in pulling her forward through the outer room
' into the court, she wishing not to go without her bonnet and
I shawl, he pulled her with such force as to pull her hand
I through the bolt, except that it was held by the fingers, and
I by a pan of the ruffle, which was snapped in the bolt, and
there fastened ; that Francis Baring seeing your petitioner,l
I Caroline Deacle, thus loose, put his arm round one of her
arms, and held her two hands together under his arm with
great face and rudeness, still refusing to suffer her
to have her bonnet and shawl; and in the meanwhile,
Deane, the banker, had quitted the house, and
Seagrim and Wright were now on the outside of the
house, on horseback ; that the cart, which had been guarded
all the while by Captain Nevill, was stationed on the
outside of the yard, about 100 yards away from the house ;
that Bingham Baring was now employed in knocking the
caps off the fowling-pieces ; and pouring beer into the
locks ; that your petitioner, Thomas Deacle was now taken
to the cart by Lewington and Bingham Bating, which latter
mounted his horse, and rode by the side of your petitioner,
Thomas Deacle, and the constable; that Francis Baring,
refusing to wait for the bonnet and the shawl, proceeded
to force your petitioner, Caroline Deacle, from the
house and the court, across the wet and dirty
yard, in order to arrive at the place where the cart
was stationed ; that the servants ran after with the bonnet end
1 a cloak and clogs which they put on as wall as they could,
he not suffering your petitioner to use her hands for the par-
pose; that he then, not 110WeVa till her feet had been wet,
carried her across the yeti for a certain distance, by putting
his um round the middle of her body, her head foremost,
and her heels hindmost, and her person in a horizontal pbsi-
don, and this notwithstanding her earnest entreaties that he
would allow her to go through the garden, where the way
was not only clean, but where the distance was much shorter
to the cart ; that when arrived at the cart, by the side of
which Captain Nevill was sitting on horseback, the Captain
alighted, and got into the can; that in the meanwhile
Francis Baring applied his hands and arms to the person of
your petitioner, Caroline Deacle, In a manner so rude, in.
decent, and brutal, as not to be described by her. and thus
lifted her up upon the shaft of the cart,while Captain Nevill
seized her by the arm and dragnd her into it; that while
your petitioner's (Caroline Deacle's) person was handled in
this rude and indecent manner, the extent of which indecency
she refrains front describing o• your honourable house, Sea-
grim
es,irosiand the Rev. Robt. %Wright weer sitting on theit
and looking on and laughing; that the wheel and
other parts of the cart covered her habiliments with dirt,
and tore parts of them ; that at this time, and even in the
court yard, your petitioners earnestly implored that your
petitioner, Caroline Dente, might be permitted to
ride her horse, fearing, from the state of her
health, serious injury from the rude jottings of the
cart ; that this request was positively refused by Francis
and Bingham Baring, and that Seagrim said, ' No, if you
had your horse, you would ride as you did yesterday ! ' that
one of the constables (Switzer) said,' For God's sake, Sir,
let the lady have her horse, and I will hold the reins, and
wfll forfeit my life if I lose her ; ' that upon this Bingham
Baring made answer, ' Do your duty, Sir, or I'll report
you • ' that the cart was driven by Lewington, and that the
horse was a wretched pony ; that Bingham Baring urged
Lewington to drive faster, which having done for a little
while, he said, upon a second application, ' The lady com-
plains of being ill, and says that the jolting hurts her,'
whereupon Bingham Baring again exclaimed, ' Drive un—
make your way to %Winchester ! that Lewington still not
driving so fast as Bingham Baring wished, the latter came
up, and with a large black stick which he canted, gave re-
peated
blows across the back of the pony ; that the pony
now went considerably faster, causing the cart to jolt so
much, that your petitioner, Caroline Dawk, felt great pain,
and rose up, by bearing upon the side of the cart, and
turning round a little, said to Bingham Blaring, ' Really,
Sir, I cannot bear this—it will be the death of me—l shall
be shaken to death ; that your petitioner, Thomas Dank,
'putting out his hand, said, ' Sit still my dear—bear it as
well as you can,' and that hereupon Bingham Baring struck
`across your petitioner, Caroline Deacle, a severe blow with
the before.mentioned black-stick, which fell upon the
aim of your petitioner, Thomas Deacle; that the cart was
accompanied by Francis Baring, Bingham Baring, Captain
Nevin, the Rev. Robert Wright, Mr. Deane, the banker,
and Seagrim the attorney, as a troop of guards assisting
the constables ; that when the cart had reached about a half
a mile from the house, Mr. Deane went off to Winchester,
leaving the rest to attend the cart ; that when the cart arrived
at the top of Winchester Hill, about two miles from the
city, it was met by a post-chaise, into which your petitioners
were put, in company with the jailer, who was in it, and
were thus conveyed to the common jail at Winchester; that
when arrived at the jail, the six persons before-mentioned
hid disappeared; that the jailer hurried your petitioner,
Thomas Deacle, into a room where certain magis-
trates were assembled, amongst whom were Sir' Tho-
mas Baring, as he believes, and the Rev. Robert Wright
the elder; but in the meanwhile your petitioner, Caroline
Deacle was put into another room, being the jailer's kitchen,
but afterwards was brought into the same room ; that the
magi
*strata deferred any examination for that night, on the
aUeKd account of want of witnesses, and refused to let your
petitioners nut on bill ; that after this,' the jailer, Beckett.
took your petitioners into the passage and informed them,
that he must take your petitioner, Thermal Dente. and put
him into a ward, and that he would give your petitioner, I
Caroline Deacie, a bed along with the women ; that, upon
hearing this, your petitioner. tainline Wade, understanding'
that her husband was going to he locked tip amongst felony,
fell into a violent hysteric fit, add was falling backward
upon the store' floor, which was luckily prevented by your
petitioner, Tro`nas Dente, catching her in his inns ; that
the fit was very strong, and rendered it necessody to open '
bee clothes, cut the lace of tier step; and thurCezpose her in
the presence of numetous p.rsoris of various descriptions,
the inmates or the visitants of a common jail ; that after ,

this your petitioners were permitted, at the expense of ten
shillings a day, to live in the apartments of one of the turn.
keys, situated on the felons' aide of the jail, and surrounded
by felons on every side ; that in this situation your peal.
rimier% remained from the everting of the 24th of N..v: mher
until the evening of the 27th of November; that on the 21th
of November your petitioners were brought before the Ma-
gistrates, sitting in the jail, and were told that the evidence
against them had not arrived ; that on the morning of the
26th of November they were brought before the Ma,tistrates
win, always guarded by the jailer or under. jarte, as if they
had been felons, and were now told that the evidence was in
their favour, but that as all the evidence had not arrived,
they Must detain them longer: that in the afternoon of the
same day, the under-jailer again brought them into the pre-
' Pence of the Magistrates, always sitting in the jail ; that the
Magistrates 'lure told your petitioner, Thames Mule, that
they had nothing against him, and that he might go, but
• they must detain your petitioner, Caroline Made, until the
next day, when they expected awns evidence against
her; that upon this your petitioner, Thome* Deacle,
begged to be permitted to remain with his wife, to which
the magistrates answered, No !'—that thereupon your pe-
titioner, Caroline Deacle, fainted away, and was held in
the chair, the magistrates, with Sir Thomas Baring at their
head, exclaiming, Take her away, take her away ; she
must not remain to interrupt our business ;* That in con
sequence of this she was carried out of the room in the
chair, and your petitioner, Thomas Deacle, was afterwards
permitted by the jailer to remain with his wife ;—that on
the 27th your petitioner, Caroline Deacle, was brought be-
fore the magistrates by the under-jailer, and had read to her
a deposition of Robert Wright the younger one of the de-
fendants in the late action, but that she was not confronted
with any accuser, nor were either of your petitioners ever con-
fronted with any accuser from first to last ; that finally your
petitioners were released upon bail given for your petitioner,
Caroline Mack, and your petitioner, Thomas Deacle, with.
out bail in the first instance, and afterwards with bail, when
new pretended evidence had been discovered; that in the
meanwhile your petitioner, Thomas Deacle, had declared
his intention of bringing an action against the magistrates
for assault and false imprisonment; that after this the in.
dictment before mentioned was framed against him, and the
bill found as before stated, just at the close of the proceed.
lugs of the Special Commission which produced the trial at
the Lent Assizes, ending in the honourable acquittal of your
petitioner ; and that, during the imprisonment of your peti.
Homers, the letters sent to them were destroyed by the jailet,
in one of which was an offer of legal assistance.
12. " Your petitioners: earnestly pray that your honoura-
ble House will be pleased, in order to afford them a chance
of relief from the most direful oppression, to permit, if
compatible with the rules of your honourable House, evi.
dens in the premises to be brought to your bar; is which
case they solemnly pledge themselves to prove, by witnesses
other than themselves, all and singular the allegations con-
tained in this their humble petition ; and with all submis-
sion to the superior judgment, and in a firm reliance on the
justice of your honourable House, they further pray that
you will be pleased to adopt such other measures, relative
to the premises, as in your wisdom you shall deem to be
most meet.

" And your petitlovers will ever pray.
(Signed) "THOMAS ORACLE.
"CAROLINE DEACLE."
" Marvell, July 29."

SPIRIT OF THIS HAT'S ✓OURNALS.

Tim es.—We have already alluded to Mr. Se-
nior's pamphlet on poor laws for Ireland, commu-
tation of tithes, and a provision for the Catholic
clergy. On all these important objects of legisla-
tion, the remarks of Mr. Senior are worthy of
being well considered. With regard to the two
latter points, he would have convinced us, first,
that the existing mode of supporting the established
clergy by tithe ought to be abandoned; and, second,
that the Catholic clergy ought to have subsistence
provided for them by law,—Mr. Senior, we
say, would have convinced us of the truth of
both these propositions, had not our judgment
been made up in their favour many years
ago. But respecting the first question which
he handles,—namely, that of Irish " poor
laws,"— we must be content with admiring the
ingenuity of his arguments ; our oi inion of the
necessity of a provision for the poor of Ireland
remains altogether unmoved. It is beside the pur-
pose of any inquiry into the justice or expediency
of such an institution, to take into account any
interests or considerations but such as are expressly
Irish. Mr. Senior insists, and very reasonably,
that " legislating for Ireland, we are bound to
look exclusively to the interests of Ireland, and
that to impose on Ireland " any internal regula-
tions,with a view to produce good, or to prevent evil.'
(he might have slid exclusive good or evil) " to Eng-
Isind,would be a base abuse of the preponderance in
the United Parliament which the Union gave to Eng-
land." lf, however, it be true, as Mr. Senior alleges,
and as we believe, that the establishment of poor
laws in Ireland would not prevent the periodical emi-
gration of Irish labourers into England, the gen-
tleman of Ireland ought to feel the less apprehen-
sion of any additional burden which would be
thrown upon themselves by such poor laws, since
the same number of their native poor would still
carry home from their employment in this country
the means of livelihood, independent of their
parishes. Mr. Senior bears hard upon the
opinions of Dr. Doyle, who has written and
spoken in favour of Irish poor laws ; and we
must allow that in some respects this strictures
upon this able politician are not much open to
cavil. It is to be regretted, that Dr. Doyle's
evidence, no less than his pamphlet, seems open
to the charge of being both vague and declama-
tory ; and although we have ourselves arrived at
the conclusion, that for a mass of poor who have
been plunged into poverty by a system of which
others have the exclusive guidance, the natural
relief is to be found in some measure which would
impose upon such guides a moral necessity of
amending their system and turning 'it to the poor
man's benefit as well as to their own, we cannot
collect Dr. Doyle's lips or pen what is the precise
measure which he would introduce bearing the
name of " poor law," more especially what are the
exact regulations and conditions by which he would
entitle the pauper to a provision under it.
Cit RONICLZ.— Lord Brougham having suc-
ceeded in drawing dry his own department of the
Court, it is expected that the Chancery Sittings
will terminate early in the present week ; being
the period at which they ordinarily closed whilst
Lord Eldon held the seals. Some of eur corm-
poudents hive inquired in what way the Chancellor
has contrived to dispatch so much larger a propor-
tion of business than his immediate predecessors,