Star.
London, England, 1807-11-21 00:00:00

LAW INTFILIdENCE.

CONTINUATION FROM THR PRECEDING PACK.

COURT OF KINO'd BENCH. NOV. rso.
The AVMS N KY GI NISAL wowed for a rule to thew caufe why
a criminal information thould not be filed againft Captain Phillip
Hay. for giving a challenge to Lord Kingiton.
The affidavit !fated, that Captain Hay, during the rebellion in
Ireland, W 34 in the fervice of the rebels. Lord Kingitan was
taken a prifooer by them, and during his confinement Captain
Hay, who was then (crying with the rebels, knowing Lord Kin-
fton's intereft might be of feryit.e to him, treated him with great
klndnefs Captain Hay was afterwards tried by a Court
and acquitted. Hetifterwards applied to the Commiffioners for
c Impenftition for the 101 l which he Coffered in the rebellion. Lord
Kingflon wrote a letter to Lord Hardwicke, which gave great
91014 to Captain Hay. He afterwards met Lord. Kingfton, and
ac.d. him by laying, I believe I (peak to Lord Kingiton. His
Lordffilp anfwereJ, that be was Lord Kingfton. Captain Hay
replied, thefe arc my friends, meaning two gentlemen who were
with him. You are, I believe. Captain Hay. Captain Hay an
(w. red, I am Caputo Pitinip Hay, of the Light Dragoons;
and am you have calumniatel my character, I have a right to de-
mand that latisfaCtion which one gentleman ought to have of
another. Lord Kingtton 2fked whether he meant to challenge
which he laid, he meant to have fatisfaCtion or an apo-
logy. Lord Kingfton (aid that be ihoold make no apology, for he
bat been guilty of vary improper eoncilia—be had demanded a
co npeoration for tortes by the rebellion, when be was iu fact a
re )40.42.41c to thew cause granted.
- -

TSB KIWISV. PICTON•
Mr GAIROW tookoccafion to (late to the Court, the fun:-
tist-s in which the proceedings agiinft the Defendant were
stow placed. Application lead been made for a new trill, on the
grounds that new matter would. be adduced. He °spored the
Mylitation, but yet contented to the mandamus. That
mandamus 1,1,1 now returned, and a 'voluminous quantity of mat-
s.:r wit brought with it. The shied he had in view was. that
the Court Mould arrange the mode of piticeediog. His motive was
merely public jollier, nut his own convenience and as di; new
matter was introduced, it was the duty of the ddintiant's Counted
to fee it forth, that he might know bow to antwer it.
• Lord littaNaciaotou—' The Cullum of the Court, and the.
tuft ice of the tate, requires that you should have the benefit of ke•
lug what you have to thew caufe againft."
Mr G itaow— • That is jug what I waked for."
Dattas —" Then I had fuggefted, that the fafett mode of
proceeding &mild be to furnifli your Lordthips and the Gentlemen
nn the other fide with topics el the new evidence. But lean tell
them, that 1 do rely on all that evidence together. anti on en
(pedal part of it ; at the (Prie time it may be convenient for them
to know that it coufifts briefly of the proofs of what the law was
at Trinidad, previous and up to the period of the King becoming
rofikfrA of it. and that it alibi-nett the principle, and adopted the
punitlineent of torture"
Mr. Gsanow—.• Now. my Lord. I am quite fatisfied. I (ball
turionger grafp at air."--The Court then fignifitd their with, that
is
grow the Learned Gentleman had got vffeffion cf the Defendant s
s?, he would proceed in this argument againft the mule.
Mr. Gaattow en behalf of the profecu. ion, Rated the grounds I
nu-which the new trial bad been moved for. tit, 'that if the cvi
dense bad been laid before the Jury. it would have produced a dif•
fermi ver.!id. adly,That there was no evidence of exprefs ma
lice. In Rating this cafe, I riser infinuateal that there was cvi
&bee of carrels malice ; but I contend, that if the defendant was
'hot authorized to put Longa Calder.' to the torture. then the act
•1111 otitfelf illegal. It was then laid, that this mode of proceed-
ing jutttfied by the law of Spain; that by the proclamation of
Sir • Ralph Abercromby, the laws of Spain were to be exereikd
is Trinidad. And again, ft is contended, that although this
SA Would not be authorized by the law of Spain. yet the Gover
ur,r a5..1..cl in a judicial capacity; aistk as this was an error in
judgm,nt, he cannot he raw:aside for it. On the rt port of the
cafe, however, it was impolabje to confider him as sifting in a judi.

dal capacity.
Under the Sparies laws there are certain inferior Judges who
take c.-f: irtree of offences much in the fame manner as Juftices
of Pace, ae.el Governor Pidon had a ftperior jurifdietion. If
any one had complained of a robbery committed, he might have
called wino lies Satire him, and have dont all that they could
More clam But that was:riot the courfe. He could nut be inlet ior
M..ifiiitrste, and have an appillant jurifilidlion. He never weer-
etre ! arry innedtuatejurifdkAinn, and.yet he did not keep entirely
to his appellant jurifdieti-n: If the Magiftrate below ordered tor-
'lae to he it aided, the perfon had a right by law to appeal: He
might aittacal originally to the audience of the z'araceas. Now it
is impoffibk to lupin& that when Governor PiCton 'note, what I
cannot but call the horrible order,'t indict the torture on Louifa
• CaltieettP:' bewail prefent. Yet the Judge, the Feccutioner, and
. ifi)iyom, are to be the only perffins prtfent when it is inflided.
it Is certain, could not have been prefent, or if he had been
thece, be was not there as judge. He had previoufly fent the in-
quiry to the Magistrate s offinterior office.
It is Lid.that by the law el Spain,torture m ty be ii.flieled on err.
tain furpeCted perfons. But this was nut the law of T 'dad. or
it appears that there was a particular code for the.eolonies which
was mnft merciful in its enactlment s. It was faiel, that he had no
Spatrifh lawyer to coofult. But it appears. that be knew that there I
were a curtain number of books which the lawyers confidercel as I
authority. And .t that dote the courfe of infiiC inn of torture, of
that itorrld itiftniment of obtaining truth, was molt mercifully
guarda. Amore other rettriCtions on;nort could not be tortured.
Labia Calderon wa exempt on that ground. Nest, the party muff
have a iiimfer, and the had no defender till the was put to the
tirture. If any one, who had ever read the' argument of thr.t de •
fender he could never have ordered the torture. To put h
ereto
• tortute, and then align adefender,was a Mere isr.riery. •
rah perfons [wore that their books were conflated by perfons exe-
cuting the Span& lawsin Trinidad. But from thee books what
proof is t here of the then cutting law than this, that if you took up
SA
old edition of auy law book, even of Blackftone's Commentaries,
you would find many things Rated which in more enlightened
ages have ceafid to he law. In that book there is much (aid of
wi:cher!ft, and of concealing hare born children which is not law
now. The latter was reformed lately by my l.ord Ellenhorough.
'1 he kooks are, therefore, no proof of the law, if the ore of it has
reefed. I will however, for the purpofe of argument, furretide
chl4 point, and fupp-fc that they mutt plainly authorife torture to
be it:Bided No man has fwurn that he ever law it loft eteti, and
there was not even ail, means of inflieing torture in the Aland. It
Was loth-du:llg neceffary, when the torture was inflided, to find
rout the means of torture. The cafe quoted is a cafe of a man
fuforded of affaffination. There was an order made while he was
is cultody, that be should be tortured, and he appealed egailift this
itterlicutor.
New th:s cafe was not known to Mr Glofter, the Attorney-
General, nor does it appear to occur to any body till after the
trial, when the Governor and Council of TAttidad thought it ne-
e:fiery, for that own ((corky, to juftify their own fnhfequent
preceadings. The account given of the record is by a man who
was ..xamined oo the original mandamus. He bas only a tranf-
cript of the record which he tranfmitsed to the Carraccas. It does
not their that it was acted upon in Trinidad. No copy was re-
turned Web, and. it remains with this perfon. But did it happen
that the affaffin was tortured ? No, he eicaped, and be carried •
his guard along with PO.
But. kid Mt Gmtuoev, I will fuppofe that the Spanifh Cover
nor could have ii-BiEted torturer—yet the indatit that the Btitiih
B p waved on the Bland the power of htfliCting torture ccafed
The istilidioo of torture is itfelf Co abhorrent from all Britifh fiel-
ine that I do not fay that au sa of Parliiment, which is omnipo-
tent, could not do it—hut his Majelly, by his proclamation, could
ant give the power to insult it. And as Cheery ccafes the moment
ghat a 01Ve by birth touches on Britiib ground. fo the ftandard of
P Britilk conqueror planted on the ground of a foreign colony)
diftolves the power by which torture can be inffifted.
Mr. GAR now having concluded his addrefs. the Court tore, as
Lord Fllenborough was going t • fit at Guildhall. He intimated
to Mr Dallas that he could not appoint a tint*, but it !hook) come
on again as Coon as puffible.

COURT OF COMMON PLEAS, NOV. 19.
THS TURKISH crmsur...
Mr. Seteant Bs sr moved, that Theodore Cririeo &could he Ws
charn-d from bail under the following eircumitanees :—.ire was
Conn; General item the Grand Signior. the Emperor Selim, tothc
pert of London. The appoiotmert from Sultan Selim was i,n
May, 'Sob; and it was acknowledged by his Britannic Majeity in
November, in the fame year, which was precedent to the arr: R.
he Ciller JuSTICe was inclined to think, that the death of the
Sultr.n Salm put an end to all 4ppoitatuents under him as to
their privileges, but Atli as it was a mattes of muck Importance, as
refpecting the privilege: of a Conful General, he thought the Court
Gould do no lel3 than grant a ride„unicfs imuk W4l Sawn to the
contrary.