The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-01-15 00:00:00

asphemy, that

She adds,
did not re-

By extraor-dinary she must mean unusual, not improper
or indecorous, or she would not in the due performance of
her duty have been able to add, when strictly queStioned on
the subject, " I did not report it to the governor," it was
clearly a matter not worthy of report.
That the Divinity put into my mouth by Miss Davis is
sound and good, I have no doubt. If those only are happy
who never strayed from God's judgment; if only those are
happy who always practice what they ktiow, then Christ's
words have no meaning—can have no truth where he says,
" I am come to call not the righteous but sinners to re-
pentance." The son of man came to seek and to save that
which was lost ; all manner of sin and blasphemy shall be
forgiven to the sons of men. After considering Miss Davis's
simple and plain, and I suppose for the main part correct ac-
count of what was said, I really think it needless to go over
the turnkey Law's account of the same matter, they agree in
one point only, namely, that the word blasphemy or blasphe-
mous was used, not however as to the verse, but as to the
sentiment taught therein, which other officers also affirm. I
take Mis's Davies to be the most correct version, (semper in
benigniora preferenda sunt,) though she as well as all
the other witnesses speaks from memory of a long by gone
discourse.

The only matter I need consider is, whether it was expedi-
ent, whetherit was not indecorous?

Some of your witnesses thought it was not expedient, that
it was not decorous to press so severely against the life of
prostitution and infamy in which many of the female pri-

soners notoriously lived when not in prison ; others, no
doubt, thought it very wicked, very inexpedient., very inde-
corous to expose the utter falsehood of the sentiment con-
tained in this verse—a sentiment which assigns to despair
every sinner sensible of his sirs.

Again, some persons may think I was dreadfully offending,
if the substance of the following evidence be really true.
The chaplain stated that he had visited a female that
morning in the hospital, and he had spoken to her about
praying. I believe he added that he had asked her if she
did pray. She told him she had seen her priest. , This was
told from the pulpit on a Sunday. He made some remarks
on the folly of persons believing that man had the power to
forgive sins, and cautioned the prisoners not to be led away
by such an idea.

'So also Miss Davies says, I remember his addressing them
about a female prisoner. He said they had trusted to their
priests, and died in despair. I have heard him use the word
" priest" in the pulpit, but I have not heard the female pri-
soners talk about it.

Mr. Buckley tells you, that "when any remarkable events
,ppen, such as death, Dr. Buck takes notice of them, and

trys t
T-1,-. bn

,rove them on the consciences of the prisoners

) several tune

Now all this may be thought by some persons to be very
improper, but gentlemen, the minister of Christ cannot con-
deseencl-t© ask of turnkeys, nay even of magistrates, nor of
him who is over all, the inspector of prisons, whether it be
expedient or decorous to guard the ignorant against false-
hood ; to speak in terms easy of comprehension against sin
in all its forms. He acts, in these 'natters, solely under
the command of God, who had said, the word that I shall
put into thy mouth that shalt thou speak : cast up the
stumbling block out of the way of my people : when I say
unto the wicked thou shalt surely die, and thou givest him
not warning, nor speakest to warn the wicked from his
wicked way, to save his life ; the same wicked man shall die
in his iniquity, but his blood will I require at thine hand.
Now, gentlemen, I fear God, I do not fear man. I there-
fore obey his will whether it be deemed decorous or not.

Consider, I pray you, that .the great majority of persons
in a prison are as ignorant of God as are the heathen. It was
therefore decorous, expedient, essential, to point out error
in the clearest way possible, and to tell them the whole
truth ; and no man on earth has a right to call me to ac-
count in the matter : in such case God is my only judge,
except that, being under the episcopal jurisdiction, I gave
utterance to dogmata opposed to the articles of that church
of which I am a minister.

The good sense of one of your own body hindered the ex-
pression sworn to have been uttered by me, in the words I
shall now quote from the evidence, being adduced as another
charge against me.

A-disaarged prisoner, on his oath, says :—" Dr. Buck
said if Mr. Wesley believed in his own good works—his own
morals and actions—he certainly would be in hell; and that
every one who believed in their own good works, would go
to hell."

Now I apprehend that there is not a person of true Pro-
testant principles—l am certain there is no man taught of
God—who will object to the sentiment. These words were
uttered from memory, the discourse itself having been deli-
vered eighteen months since.
SIXTH CHARGE.

Whether the chaplain has not on one occasion addressed
the prisoners in the prison chapel on the subject of the
number of punishments which had taken place for miscon-
duct there, implying doubts as to their having so miscon-
ducted themselves, thereby reflecting upon the officers and
weakening their authority and influence over the prisoners.
The sixth charge, allow me to think, has not been without
some weighty motive arranged in the midst of accusations
which it cannot be seriously intended to press. Perhaps it
might be lightly passed over—not seem to be important—not
specifically replied to ; and then the eagle, neglectful of lesser
prey, would dart upon the carcase without the possibility of
failure. This is, in fact, the only charge of consequence to
which I am called to reply ; for if I have taught rebellion, if
I have really weakened the power of officers over prisoners,
there cannot be a doubt that sound policy would call for my
immediate removal, as totally unfit to be an officer in a
prison.

Now let us see the whole testimony by which a charge so
sultans is sought to be supported, always remembering that
persons in the rank of life of your officers might honestly
mistake ; and that after the lapse of seventeen months, and
after a bill of amnesty has been passed, I am unexpectedly
called on to defend myself by explaining expressions then
used.

Mr. Ranzsden says :—" I recollect an occasion when many
prisoners were reported for being asleep or something in the
chapel, snd I think the chaplain made some remarks the day
after in the chapel, when the prisoners were present. I know
the text was bearing on his remarks, and I think the purport
of the remarks was, the prisoners being reported for being
asleep when they were not; and as a caution to the turnkeys
to be more merciful: both merciful and just." question by
the chaplain—" Was the text on that occasion 35th Isaiah,
3rd and 4th verses." " I cannot say ; I believe something
similar. This following two sermons ou the prodigal son,
on the previous Sunday, the prisoners appeared to he much
affected. I could scarcely believe that there was irreverent
conduct on the Sunday. I will not speak positively as to
what took -place. I left with an impression that what was
said would have a good effect on the turnkeys. It was part
of the sermon.

Law says :—" On the Tuesday after, the chaplain made
some remarks on the strict rules of the prison. He then ex-
horted the prisoners to attend to the rules of the prison: he
has frequently done so. He alluded to the numerous punish-
ments for offences in the prison. To the best of my recol-
lection he said that a number of prisoners had been punished
without cause. I think he offered words of consolation. He
adverted to the number of punishments, and said he thought
if misconduct took place in the chapel, he was as likely to
see it as any one else. He called the prison a wretched
abode of misery. I think he said something about the ven-
geance of God falling on those who had power and used it in
an arbitrary way."

Miss Davis says—" I was in chapel when remarks were
made, on Tuesday, 28th May, 1839, by the chaplain on the
number of punishments. Thechaplain said he thought there
was an uncommon number of punishments ; that there were
a good many too many, more than necessary, but it was bet-
ter for the prisoners to bear with them, than to have their
punishments increased. I cannot say necessary' was the
term used ; that was the purport. I had no feeling on my
part that it was a reflection on myself, nor did I think it ap-
plied to me."
Noel Gillett—" Were you ever in chapel when the chap-
lain made some observations on the subject of punishment?
" I was.

" Do you recollect the purport
" The chaplain said there were more punishments for faults
during divine service than at any other time.

Ila;ing refreshed his memory, he stated, "That there were
more punishments for faults during divine service than at any
other time, and that he for his part could see no fault with
the prisoners, and that they were to be sure to pay strict at-
tention to the rules and regulations of the prison. 1 think
that is all.
" Was there anything about acting the tyrant?
Yes ; Dr. Buck said, God would punish those who acted
the tyrant to the poor.
" " Did he say anything about praying in private ?
Yes ; he said he hoped they would pray to God, and put
up with difficulties while in prison."
Now, before I comment on this evidence, and endeavour
to skew its bearing, I desire to call your attention to another
subject, out of which the supposed offence has arisen. By a
statement prepared from the prison books, and received by

you on your minutes, it appetirs that, during 67 weeks,.from
February 12th, 1838, to 26th May, 1839, the number of per-
sons reported for gaol offences, said to have been committed
in the chapel, during divine service, was 199; or, on au aver-

age, 3 weekly. The same return shews that on one particu•
lar Sunday, the 27th May, 1839, no less that 27 persons Were
reported: a number far greater than during any.whole pre-
vicos week. This is the statement drawn up by your orders.

have oecu

turhance in the chapel must have been very serious. You
have had it solemnly sworn to, that, standing as I do in an
elevated pulpit whilst officiating, it is not possible that one-
half that number of offences could have occurred, without
my witnessing it. Hear Mr. Buckley—
" I think Dr. Buck, in the pulpit, could see the prisoners
better than the governor in his seat. I should think 13 per-
sons could hardly sleep, make a noise, or break the rules,

without the chaplain seeing them in chapel.
" 1 have witnessed a great burst of emotion among the pri-
soners during his preaching. I have greatly approved of his

ministry.
On re-examination he says—
" I should say that the chaplain could see the prisoners
better than the .governor : he has a more general view. I
should say, that when preaching he has a better opportunity
of seeing the prisoners than the governor."
And athough other witnesses swore that men sitting on
the same level, and even below the prisoners; there bing
only four to watch all the men, they could see them better
than the officiating minister, who is elevated above them,
who is in front of all, and has every man immediately under
his eye, yet I apprehend you will have some doubt on the
accuracy of their judgment in this matter, the fact sworn to
being contrary to reason. Be this as it may, fourteen per-
sons could not have been playing tricks, wilfully and pur-
posely offending, without the chaplain
unfriendly witness (who was, in his zea,
thinking of reporting me to the bishop)
mony. • You will, therefore, give
admission. o Law's
The chaplain is es d abov

Couside

)lain must see t
asleep."

.1 on another o,

A very
.;asion,

you this tes

me the full benefit of his

11 the IT

I think the

art of the prisoners if they

.v my journal shows that on the 27th May, 1839, I
:bed two sermons on the parable of the prodigy'

You have

in evidence that the

prisoners were great
• , , _

fected. In truth, I can say that such a spectacle 1 have sel-
dom before witnessed, and never but once since, viz., last
Sunday, when, not being able to obtain the assistance of a
clergyman, I was obliged to preach in the midst of my pre-
parations for this defence. There was one general outbreak
of weeping and sorrow. Loud sobs could not by restrained
for a time, and many a brawny hand was that day raised, to
wipe away tears from eyes not accustomed to weeping. The
most reverential attention was paid to every word, and- so-
lemnly, as in the sight of my God, I declare that there was
no ill behaviour, no sleeping visible to me. The hearts of all
appeared to be awake : it was a solemn season, when the pre-
sence of God was sensibly and powerfully near. What must

found 27 wreteL

persons had been reported

fences, anti tae great majority or taem ueprivcu
know, for no offence which was not absolutely involuntary

away tears, contrary to your filth and sixth gaol rules. I
believed then, and I still believe, that they were punished
contrary to the laws of God, but in strict accordance with
the rules of the silent system of prison discipline, as carried
out in your prison ; and no fear of man, no dread of conse-

shall keep me from asserting this sole

is monstrous

punished in one day, when the avera

7 previous weelis

had made the numbers to be three weekly.
Can you suppose, gentlemen, that this case did

reaching my ears, affect my heart? can you think me twat
compound of all abomination, an unfeeling man? I felt
.•

much—

wept much-

to pour in the oil and win,
On the following day,

ing near

day, the

ngthen ye t

iyto them

...
heart, be strong ; fear not. Behold your God will come with
vengeance, even God with a recompense: he will come and
- custom, 1 explained the literal
in conclusion, spoke

As is my usu

and soiritual meaning of the words

to this effect :—" Many of you, I hear, have been reported
for offences in chapel last Sunday. How often have I warn-
ed you to keep the prison rules If you would avoid their
severity, when once you leave this abode of wretchedness
and guilt, strive, in the fear of God, not to return. I did
not witness your disorderly conduct myself. I only sawyour
deep attention to my instruction. Let ine beg of you to
pray, in secret, that God would enable you patiently to bear
the miseries your own sins have bronght on you." This was,
as I fear God, the surd and substance of all I said. I read
to them at that time the following rules and regulations of
the prison, and there the matter ended.
" As to prisoners under charge of conviction—the follow-
ing are declared to he acts of disorder :—any unnecessary
looking round or about, (each prisoner being required to look
before him) either at divine service, or at work, and meals,
or in passing from one part of the prison to the other."
It this, gentlemen, was to foster rebellion—to paralyse the
authority of the turnkeys, I was most guilty. Law tells you
in his evidence in reference to the occasion— _

" On the Tuesday afterwards the chaplain made some re-
marks on the strict rules of the prison ; he then exhorted the
7ners to attend to the rules of the prison, he has fre-
quently done so. lie alluded to the number of punishments
for ' offences in the prison (observe—not in the chapel). He
adds, ' to the best of my recollection,' remark the wariness
of this part of his evidence—his evident doubt: to the best•
qf my recollection :" he said that a number of prisoners had
been punished without cause. (Remember this is to the best
of his recollection, the address having been delivered eighteen
months ago). I think he offered words of consolation—he
called the prison a wretched abode of misery. I think, he
said, (mark, I beseech you) he thinks he said something about
the vengeance of God falling on those who had power, and
used it in an arbitrary way. He thinks this, he does not
venture to swear it was said.

In cross-examination, he says—" I think that the sum and
substance of what Dr. Buck stated amounted to this ; but I
do not speak to particular words—l do not think the prison
an abode of happiness, I think the phrase wretched abode of

nisery
Miss Davies's statement is much more softened—not a

word of the vengeance or the tyrants, &c. &c. take her words.
" I was in chapel when remarks were made on Tuesday,
28th May, 1839, by the chaplain, on the number of punish-

—that there were a good many too many- ,uan
necessary, but it was better for the prisoners t 9 bear with
them than to have their punishments increased. I cannot

ments-

say ' necessary' was the term used—that was the purport.
1 had no feeling on my part that it was a reflection on myself,
nor did I* think it applied to me."
As to saying one word of God's taking vengeance on tyrants,
it is an absolute mis-statement. It is a part of the text on
which I did not comment. I could not at that moment have
trusted myself to comment on it—the very words of the text
seem, however, to have been fastened, as a nail in a sure
place, on the consciences of some who were present—whence
their testimony that they
_thought I had uttered words_of

vengeance. It was God who spoke, not your chaplain. He
who has thus fulfilled his own declaration,—" Vengeance is
mine, I will repay, saith the Lord."
The evidence of several officers of the prison has becn•given,
skewing that at different times, so far from speaking harshly
of your rules to prisoners, I have gone from ward to ward
explaining them, and urging the necessity and wisdom of
strict obedience ; the same I have repeatedly done from the
pulpit in the chapel, at the governor's request, nay, when-
ever he asked me so to do, as likely to be beneficial.

Mr. Ramsden says, " He (the chaplain) is in the constant
habit of exhorting the prisoners to moral conduct, and obe-
dience to the rules of the prison. I never heard him preach
a sentiment calculated to make the prisoners disobedient to
the rules."

Law says, " He then exhorted the prisoners to attend to
the rules of the prison ; be has frequently done so."
So again Mr. Buckley. "He has taken the prison rules,
gone through the wards, and inculcated obedience to them
on the prisoners. 1 cannot say it was at the request of the
governor."

Witness also the same, from entries in my journal. " Ist
September, 1838. Passed some time in the untried yard,
and expostulated with the men on their disobedience against
prison rules ; they heard with great attention, and assured
me that they would certainly attend to my advice."
October 27, 1838.
" Passed some time in the male convict yard ; exhorted
the men to quietness and good behaviour, during their conti-
nuance here ; they behaved most respectfully."

Noveinber 16, 1838.
" Psssed some time in the untried yard, and exhorted the
men to a rigid observance of the rules, and to good and
quiet conduct—their conduct hitherto has been very deco-
rous."

December 26, 1838.
" Visited every part of the prison ; read the law enjoining
silence, in every room, and exhorted the prisoners to obedi-
ence."

May 11, 1839.
" Saw every prisoner in confinement; exhorted them in
their different rooms and yards, to obedience and good
conduct."

June 15, 1839.
" At the chapel service explained the gaol regulations, mad
endeavoured to impress on the people the necessity of a
conscientious attendance to them."

January 25, 184(

" Visited every work room, and explained to the prisoners
in each, the new diet table, exhorting them to obedience to
the various rules of the prison." . .

April 4, 1840.
" Read the speech made by a convict at the present assizes,
to the two classes of men, serving time and to the boys.,'
Now gentlemen, I will call your attention to the effects
produced by my Tuesday's sermon. You will hear me out
in the assertion, that the inevitable consequence of my tell-
ing prisoners that they had been unjustly punished, would
have been a violent commotion—a rebellion—a paralyzing of
the.energies of the officers—deep emotion on the mind of
the governor—a solemn appeal to you at the moment, and
my instant suspension, at least from the performance of
duties.

Instead of these results, which *did not take place, the
fullest possible proof that no such remarks as those imputed

to me were ever uttered

Mr. Itamsden says, " I dont know whether this sentiment
was calculated to make the prisoners obedient. I should
think it would, because there were fewer (reports) after-

Law, in his evidence, tells you " The address had an effect
on the prisoners at the time—they seemed to be much excited
(he explains his meaning), they appeared particularly atten-
tive."

In cross-examination he says, " I thought the whole of
his address would lead to acts of disobedience. I did not
observe any acts I could attribute to that."
Other witnesses confirm these statements.

No proof of disunion of officers was adduced, for no dis-
union took place. There was no expostulation with me by
any officer, nor by the governor; no complaint laid before
the magistracy. It remained for Captain Williams to find
out a secret writing, to bring it to-day, and to cause me now
to appear before you, to answer to that charge as false as that
being who originated it—in his abode of black despair.
Seventeen months after the period in question, I am taxed
with results which might • have followed, though none did
follow, except decrease of punishments on the part of the
men—a gradual and wise reduction in the severity of all
punishments—apparent harmony amongst the officers ; in
tact a state of tranquillity which had never been previously

_ . _
witnessed in the prison.
Again, I say, if this was to excite rebellion, to create dis-
union, to discourage officers in the performance of duties, I
was indeed most guilty.

Once more, ici the sight of God, before whose awful
Throne, 1 must very shortly appear; I solemnly deny having
uttered one syllable against the authority of the officers, one
syllable which 1 then thought, or now think, could have any
other effect, than that of tranquilizing the minds of men ;
leading them to submission, and to avoid future causes of
complaint. You find that a diminution of punishments in
number and severity has followed, and therefore, I believe,
the object of my address had the most happy, the most bene-
ficial effects.

Need I say more on this point, let me intreat the justices
to consider this one charge as though no others appeared,
let your solemn judgment be formed unincumbered by dead
weight, by dust thrown out to blind the eyes from the power
of clear vision.

Can you think it within the range of possibility, that if the
governor had at the time he received the reports of the in-
formers, really thought a rebellion likely—had found his offi-
cers improperly daunted—that he would have dared to keep
such startling circumstances from you. He says, in evi-
dence, kindness of feeling towards me hindered. Gentlemen
you know the man ! you know well he would allow no such
feeling to keep him from a strait forward appeal to the magi-
strates ! But, in truth, at that very time the governor and I
were very far from being swayed by such kindly feelings to-
wards each other, as have prevailed ever since that period.

I look to what then happened as the origin of something like
confidence in each other, whereas previously we had often

been at varianc

have be

ont, one, by the magisLi.—_
'ng to tae; the other, by the nut,
'theldor on their proceedings.
calls them, did not interrupt,
24 hours our acting in willing concord with each

nsisting on th

s one witn,

Thus, then, whf;ther prisoners, junior officers, or senior be
considered, no evil resulted, but much good. No evil speech
could therefore have been delivered. Au infallible teacher