Star.
London, England, 1818-03-18 00:00:00

and that all this sc-as not so; for, he must;
complete an instance of partial and prtiu,
ceeding no man ought to believe, unko,
stated in that House, and not contradicted.
ever, it should turn out, that such Lad act
the case ; if the Noble Lord had really beta
to the acts which he had described ; the '
might make what speeches he pleased in
o the subject of liberty, his conduct
complete answer to th.•:•.n all,
Sir FRANCIS BURDETT was not well
with the merits of the case, but wished t
words on the question. As to what had
the Honourable Gentleman who had ji
vented so freely on his Noble Friend, he h
that when his Noble Friend came to rep'
answer the Honotirable Gentleman's stat•
satisfactorily : for he was so confident of t
fair dealing, and good sense of his Noble
although comparatively ignorant of the
persuaded that he would entirely C 7,1
from the Honourable Gentkmah's

Honourable Gentleman said, that the
punished, as he termed it, before triaL
(Sir F. Burdett) could collect the r.atun
it was this :—The Magistrates of the u.
dering the jailer their servant with resp
ticular part of the jail, and he having (y
perhaps—that was not the point) di:ohel
structions, they, not with a vindictive ft
try the question, suspended him from t.';
office which related to the Penitentiary,
stilt of the trial should ascertain the stare
He did not apprehend that by this pp
jailer had experienced much inconveri
proceedings did not appear to origin...
ing of hostility or animosity. The cue
was, whether or not Magistrates had the
every part of these jails? With respe,t
rants for keeping prisoners in safe and c
it was to be observed, that according
tice of the country, and the opinion of
greatest lawyers, the common law con
thing custody that ever so slightly infn
berry of the subject, even when the Pisa
fided to the care of his friend,,. But wh;
sent day was con.idere,l close castody,
confinement. No person was permkte,
the prisoner. It was true, that the ptit
King's, but they were the King": to delis
ners over to that constitutional otcer
who was liable to actions fcr redress if
felt themselves aggrieved. Doubts hat
this subject, it was fitting that they sht
rest. The Attorney• General had by no
fed him on the subject ; and there were
lawyers, who were decidedly opposed
able and Learned Gentleman in opinion
should therefore vote for his Noble Frit
The SOLICITOR-GENERAL cbser

solitary ground on which the Noble
forward his Motion, was the acquittal
of Reading, on an indictment chargi
having violated the Statute in questio
had determined, that by the statute of
King, Magistrates had not the pow
communication with persons imprison
of High Treason. If, therefore, sud
was the House prepared to say that
altered ? The Honourable Baronet sal
Eastaffe had sustained no punishment
punishment, that, aot having done at
ever in his office as keeper of the Penh
respecting which not a scintilla of chari
against him, he was nevertheless dismi
office, because in another office he'
which it subsequently appeared he
doing ? With all his respect for the
must say, that the charge of pun:
Learned Judge, came was a bad gra(
who, while he admitted that he consid,
in question as of doubtful interpretat
punishing a man before his trial, on
was acquitted, by depriving him of
which he had not in any manner
charged with misconduct.
Lord FOLKESTONE, in reply, s.
never before heard that there were n.
subject. On the contrary, he had belier
were very prevalent upon it, and it I
pose of removing those doubts that hi
present motion. As the Attorney-Ger
opinion he entertained great respect,
there were no doubts on the subject
foolish enough to wish to introduce
doubts which did not exist. His condi
in question had been called in questit
once or twice from the Honourabl
Gentleman, that he (Lord Folkestone
establish the right of the Magistrates
secret communication with suspect(
had no such object. He thought he
visit them, and he went to try that
that after he had been in the first i
admission, the jailer offered to It:
would previously stipulate what he
in. This he refused, as unbecomir
and he had told the jailer, that s
him on those terms he would not sa
Folkestone), and might offend those
tory orders he had received on the s(
wished to know what there was imps
An Honourable Gentleman had bet
that he had stated only parts of the
whole. The fact was, that he had n(
of the case. He had not alluded t
proceedings before the Quarter Sets
now state the whole story :--On the
went to visit the jail, accompanied
gistrates. They had a good deal of di
jailer, who refused to admit them.-
observe, without having the least at
dividual, that the discovery of his
taken place since the recent occurre
(Lord F.) had no reason to believe th
gies bestowed on him were perfectl•
He attempted to persuade the line
ing illegally. To which he replied,
with you ; 1 believe I have no right
but I am ordered by my superiors
must obey." On the 14th of June he xi:
the Jail ; but the Jailer persisted in hi, icy:
mit him. At the ensuing Quarter Session're t
Folkestone) attended, made a formal compla!fl..,_
conduct of the Jailer, and moved a set d
tioos, oue of which WAS) that. the i‘lasistratcs

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to any •
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