Star.
London, England, 1816-08-19 00:00:00

not to irqnire into the niaMfee is AA& the &ties of
the office Pere -discharged.
Mr. Justin Buaaoudit agreed that this Course of
inquirrought not to lift pursued, as the Court had
nothing to do, with the manner in which the office of
Marshal was discharged.
Lord CrCIIRANZ then objected. that the evidence
addocel did not sustain the language of the indict•
ment. which charged him with having. ‘4 with force
and aims." contemptuously escaped from prison.
Mr. Justice Dunttouon said, that this was mere
formal language, in which ail indictments of this sort
were formed. Whether the escape was effected with
vinitice or not, was of no consequence.
Mr. MARRYATT said, that the same language WAS
used in cases of libel and perjury.
Lord COCURANg then submitted, that it was mate.
rial to state in the indictment a precise day on which
the escape had taken place.
- Mr. Justice Bvitnouon.—The day is not at all ma-
terial. There are very few cafes in which it is neces-
sary to allege the precise day on which the offence
'was committed.

Lord COCHRANE then resumed the examination of
Brooshoft.— The witness never knew Crown
prisoners to receive the benefit of the'Rules. He re.
collected, however, that Sir W. Manners was under
the sentence of the Court of King's Bench in that pri.
son, and that be bad been for a part of that time
without the walls. Sir William bad not been prose.
cuted for exceeding his limits.
The Court.—Had he committed an escape?
Witness answered in the negative.
Lord CocHaaNa then stated, that his only object
was to shew what was the practice of the Marshal,
who alldwed some prisoners to go out; and adopted a
different mode of treatment for others.
The Coart.—We have nothing to do with that.
Lord COCHRANE.—Did Mr. Bowes or Mr. Hunt
reside within the walls ?

The Court.—.We cannot go into the history of
every prisoner ; and allow me again to say, that we
are not trying the conduct of the Marshal.
Lord COCHBANIL—Was not Ralph Bandon, at the
time of this famous expedition, prisoner in the King's
Bench t—Witness believed he was a prisoner in the
Rules.

Lord COCIIRRNR then asked the witness, whether,
in the event of his ultimate escape, he believed the
Marshal would have been called upon to pay the
thousand pounds fine?—Witneu replied, he could not
say. He- farther said, that he had heard, by report,
of his Lordship's intention to go to the House of
Commons while he was at large. He did not know
that the person said to be Marshal had entered into
a negotiation to induce his Lordship to return into
custody ; but he did recollect drat Mr. Jones sat up
one or two nights in the expectation of his Lordship's
return. Lord Cochrane here handed a letter to the
witness, which the latter believed to be in the hand-
writing of Mr. Jones.
The Count intimated to his Lordship, that he had
better hold back the letter, whatever it contained,
unathe time of his defence.
The witness, in reply to further questions from Lord
Cochrane, stated, that he did not know of any rule
of Court by which the Marshal had power to punish
with one month's close confinement, and not more,
any escape from prison. He recollected liis Lord-
ship being. on his re-apprehension, confined in the
strong-room without fire; and some dab without the
window being glazed.
The COURT here reminded LordCochrane to pursue
a course more immediately applicable to his defense.
Lord Commit:a said, that one of his objects was
to shew that the main fear of the Marshal was the
loss of his fine.

The Count —Rather say the loss of his man.
Lord COCHRANE joined in the smile which this ob-
servation created, and begged to ask if it would be
relevant to spew that the Marshal had the power of
punishing the offence with which he was charged by
close imprisonment, and that, in this particular case,
he had already inflicted that punishment.
The COURT replied, that such evidence would be
immaterial.

Lord ComaAtm tben requested to know, if the in-
tention to commit an act of delinquency did not form
the essence of the offence

The Courr could see no necessity for discussing
that topic hare.
Lord Coutitsus declined further cross.eza mination.

Mr. MaaavArr here closed the prosecutor's case.
Lord Commute now rose and addressed the Court
and Jury r he observed, that with a view to trespass.
ing as short a period as possible upon their attention,
be had committed to paper such matters as he thought ,
it was necessary.should be understood iu the investi.
gation of the subject before them, and which, he
thought, ought to be taken into ctmsid►ration by the
Jury before they came to a decisive conclusion.—
Conceiving, as he did, that the injustice done to him
on a former occasion was in part attributable to the
conduct of his Counsel, he had resolved in this instance
to appear in his own defence: relying principally on
these considerations, his Lordship then proceeded to
read his written speech :
Gentlemen of the Jury—l have lo submit, that the
Marshal himself has repeatedly been accessary to more
glaring violations of the sentence of the Court than
that for which he now Prosecutes me ; that an escape,
to be criminal, is contemplated in law as an act done
with the intent wholly to abscond from and evade
justice, whereas mine was a very contrary intention,
as is evident from the use which I made of my li-
berty ; that the escape, U an offence, was such as the
Marshal himself attemptectto compromise; and such
as, on recapture, he had the immediate power to
punish—a power which he did not fail to exercise.—
It Is notorious that the sentence of the Court has Ire.
quently been violated by the Marshal himself, who
has seldom scrupled to allow such prisoners as could
pay for the indulgence to quit the prison at their plea-
sure, and walk daily to any distance within the space
. denominated the Roles, or even a holly to reside ip
dem r and I have heard, that neither the rules of the
,Burg's Bench,. nor the shores of the kingdom, have
always limited their excursions. Every such prat-
.tiee is as snarl an evasion of the sentence of the

'Plitt, which contemplates an unretnitted confine-
;meat within the walls, as 'any description of escape
Ilaindever. It is in reality an escape" from prison b
anistance el the gaoler. The notoriety of such
.lellentities beet to render it imperative on the Mar-
ishat to prove* manner of the escape now &fledged,
weirs it only to thew that he himseki was not an lc-
_

ceseaoY. And eiet then, it could only be
the present prosecution is not for a violai
sentence of the Court, but for not buyini
deracy of the Marshal. It is not for the ,
of a breach of prison, but for not effecti
bribery. T 1.6 Marshal himself, when ee,,
fore a Committee of the House of Common,
effect acknowledge the 'existence ot such
far he eagerly expressed a resolution not
of the like again. Indeed the Matter wt
ous, that the Committee did not inquire
things had been done, but whether he 1
do them ? Seeing then, that such corne
like others elsewhere, are as notorious •
nonn•day, bow could it be expected that
cider it any very serious offence to escal
King's Bench prison ? I had been eon,
seven others, and had applied tor a ne
was told that I could not be heard, bee,
convicted persons were not then present.
I'could not compel them to come, and
not require an impossibility : bet the
that the practice of the Court required
the practice of the Court of King's Ilenel
of the Court of King's Bench Prison.
was sent to the prison, where I found it
tice to depart and go at large. Why then
I conclude from what I had been told, th
rice of the King's Bench prison was the
King's Bench prison ? Why should practice
Lute the law in one case and not in tie-
however, I have trespassed by observing
of the prison, rather than that of the Court,
,still to plead that my transgression was
oppression. Was it. no extenuation to know
imprisonment was unjust—to be conscious
innocence of the crime for which that impeiigmbet
was imposed as a punishment ? Was it no exteanaliai
that I escaped, not to evade the pain oftisetpenish.
ment, but to denounce the injustice of its harem
To use his own previous language OR
"I staid long enough in prison to evince
endure restraint as a pain, but not as a
had staid long enough to be certain that
tors were conscious of their injustice, an_
My submission to their unmerited inflictions
losing the dignity of resignation, and sinkie-
ignominious endurance of an insult. Wa
tural then to think it high time to be gone
manner of going was of all others least
...not, as alleged in this indictment, to •
ample of all others for my plan scarcel,
knew, and none would dare to follow.
an example that could be followed, nor ,
evil example that was set. Had I made
by the old, cowardly, corrupt method, yl
never have heard of this prosecution; and
motives, they were more than barely dere
were laudable. Mine was not an escape
a creditor, or do any man an injury, bui
to obtain justice. I might, indeed, be .
to the mode by me adopted ; but if it was
•it was a venial one. It was an irregular
sure, but it was the only ene which present
to my imagination at the time; wholly i
I was with indignation at the insolence
of those under whose conscious injustice
ing, and eagerly grasping at the hope
and repelling that injustice by any practie,
I therefore effected my liberation with :*
of assuming my seat in Parliament, and
ing that assembly, that astir sentence
had been reversed by the people ; and of
wont them that strict investigation into I
my suffering, and into the conduct of ml
which I was entitled, and which had not
Which, I am sorry to say, has not yet
to me. The House of Commons is descril
old writers upon the Constitution to be
" where all wrongs are to be righted of
cannot obtain redress elsewhere :" and, '
that House, I had a right to expect
which it is bound to afford to all, and
to me as a Member. Such was my object
at the moment, was my hope ; and it I
ionic in that hope, it can only be account
my miud) by the alteration, or rather the
tion of Parliament, fr•-ini it: ,aiginal end
tion. Such a hope in Letter days would ,
better tounde.t. The Mirrour, written
times, says, " The l'ailiamvnt was insti'
redress of wrongs done by.the King, the
their children, and especially of those (wean,
one could not have otherwise common lir'
same thing is said in ether words by F.
Norman French, which in English is—"
ment has absolute power t• 4 make law:
maters in law, try the life of a man, and.
in the King!: Den especially where tberi
mischief which the ordinary course of
remedy." Knighton, a very old Historiai
Parliaments are held. in ()lifer " that poor
rich may be refreshed with peace and ease
oppressions, and alwa)s find infallible and
and succour." And Rushworth says
purpose, that Parliament is " the corrective
tice and oppression; which (curtccrive)
tributed to all, so that every man au-
benefit and protection of justice that is
Now these passages show a received opinion
justice might be done to a man in the Court'
Parliament, but in that highest of all Cow
to look with assurance for redress. Such
case, 1, as a Member of that Court, m'e
gine that I had only to cross its threshold
not only refuge, hut redress. That 1 was
is notorious ; for it was in that House—it
as I conceived, I.f that very refuge, and
that . very redress—that 1 was found br
prosecutor—who, in open violation of
as a Member, and my right as a suite
dragged me back to the seat of oppression
gross aglravation of that oppression,
mured are in a pestilent dungeon, and there
immured for a period of 26 days; and
of being punished for his violence and barbaric
patiently calls on a Jury of his country
oppression on the bead of his persecuted
When the Marshal of the King's Benr'
apprised of my absence, he sent my see
message to Mr. Basil Cochrane, entreating,
*new or could ascertain where I was, to codes)
to prevail on me to return, and that be wr
me privately at soy hour of the night, anc,
it.
raMer.toCocreltiurarune
shouldso d cb re
i o taken
t advise°f

. . ..
be IQ, thet absent, but t
elation of ti ,t letter• frorn
ing the male. franks, Which
to commission , sense was con
reeling it by ' chewed to the
examined be..• not made him
nanies, dil ill • the Marotta' 1.
ch pr:tcticesi • :•ersight possibl7
it tote guil,y t: . : 4' raising •It
vas so stototi. ' •on the day it
whether such Wily, was at
continued to . Immediately e,
'opt practices, /hew that lett •
as the sun at • of the House
. I should coo. so done, he br:
.ape from the • toe, that if I
idemned with ' keceived in 1: ,
re, trial; bot ' brie confident:
leeanse all the sficitild be in
I had said loom ; so th
the law did i heat morning.
i,I
answer wa. oisncealed m
I it, and thaii ~ Cochrane's a
;11 was the law 1 tion to effect t
Afterwards I •:. Bible, aecomi,
was the rat. Marshal won
hen might cot reward he ha
he law of
that th c. seised Mr. C
oflnthe
his kind COnsi,
oractiee ma. be took in th
he other t. v
s to Mr. Coehr
ig the ptactict . WSWc —to c
Court, I hut
as the fruit i have the ploassi
se:die:to an
know that m ' us • out Wring
us of my awl - bell abed, • -
imPrisolObec, whale _et this
no enegoatiot ' dierehre, saw
= t that you
A diNtbriilit. . 44 accosts •
s iterfaxis N..
.1 in had au . •
[ the subject.. wawa,
ee that leoelf . aXi
a penalty"—l , " Baia Cocbr
at my prosecu. Hence it A.
nd to feel that ous to comp
inflictions was with the see
Inking into the a great and
Was it ones 4 • castigation.
one? and n $ , opportunity
: exceptionable :i abal's propose
to the evil ex. privately at a
steely any one and that the
I neither set an arrangernt.
r followed the • t) Mr. Cochr
tde an maye chile custody '
I, you would • lecturing to he
and as to my before the 11.
fensible—they I accordingly a
se to defraud , 1 Iollowing• an
but to do and ' lag that I di.
e mistaken at . mean time, c
was an error, • 'shah, and ha
dar way to be persons is re
resented itself turn from th
• impressed as benison that
e and iniquity ' that I went
e I was suffer. l Stance might
eof exposing I' violence wit
actical means. what might
i the sole view **teed en m
nd of remind. Tile Marshal
eof expulsion • tilts: of effect
of demanding of avoiding ..
:o the cause of
my Judge, to
not then, aol
been afforded I:
gable),nn y i atiiih cirri::
secji s .
!scribed in the pose, by a
be the place the very day
A which men tiered ; and I
, therefore, in through the
that redress most imenedi
I in particular in effect he h
ect, and inch. Rod object o
[ was too M. sagely be to
iunted for (in was made ac
the deteriora. it it most e4i
td and invite- my intentic a
i have proved however coat
ill in S iva tenet.. 1A v 4
Muted for the Ito other hi.o
the Queen, or bat remoas: r
rrongs) where aledly my oh
right." The is the gist or
Finch, in old Prison, these
66 'fl h.• I'Atii4- *llse, which
ws, illOe i,f law as an .•
d Cerrat errol from and e ;
theft is some ried frito elle
• law cannot Which lan.
Drian, says— tittitexl, th it
nor as well as llkowst that
ease of their that I hAvt• s
nd sore relogo t silent decre •
to the saris! ; ton cocrcina
ctive of tni... 1 fir nn, for sa
) is to be dis- prove; t' i
hall have that uvsallt cal;i:
due to him." tier nans.!.
ink* .that in. a.f the pt faun,
:ourts out of 1729, i.-. is -
-..'ourts he was leaunly calls..
nch being the tiuct the juJ
ght well iota- • • of time h.:
thold to find, Ctint mittee o
as so actuated cor.gneenent
.in pocesuone of c!tclinetne
din search of . tailed the st
sy my present are both of
my priviregt
..... isther with
litor, forcibly tlt tiviihi,ut Alas
lion; and. in '' tea •c ahem!
instantly int- :. pelbcrn hay
there held it e. . LAWS beds it
I who, instead wh3 haw n.
rarbarity, im- that Lord C
to heap flesh i weeks; the
ted victim.—• I &Need on t
ich was gist -, rotor carped
rent with a amelleVao a i
eating, if he A tam,* • .
to endeavour i a lit boor
would receive P nd ilialdph—
and no notice 431•watekie.'
plied, that he • Nev .
1 Was T‘ADI 11111491141 th