The Statesman.
London, England, 1812-06-26 00:00:00

LI N COLN CASTLE.

Sir SAMUEL RONII LLY (the Petition of Tho-
pas /Lou!den having been again read, which
ready before the public) proceeded to call the atten-
tion of the House to a case, as it appeared to him, of
the last itrportance to the rights and privileges of
every British subject. Although he had been alai.
ous to press this Petition upon the immediate at-'
tention of the Howe, it had not been originally his I
Intention to do more than move for a Committee to
enquire Into the truth of the allegations contained in
the Petition, and as that Petition was, at best, but an
ex parte statement,to givethe individuals complained i
of a fair opportunity to meet that complaint with
their er parte statement in return. This he bad done
not only from an anxious wish that impartial justice
should be done to both sides, but because he had per-
ceived that the friends of the opposite party were not
then ready to answer the charges that were preferred,
and which he wished to give them every opportunity 1
of answering in the fullest and most satisfactory man-
ner possible. He stated this to the house as his
apology for having deferred,from time to time, for so
long a period, a case of such great moment—a delay,
however, to which he would not, even under such
circumstances have submitted, if the complainant still
continued in eoninement. Mr. Houldee, however,
was now no longer a prisoner, and the motion he
should submit would be for a select Committee to
enquire into what has been, and now is, the mode of i
treating all persons confined in Lincoln Castle, and
what is the state of that gaol at present. He believed
he need scarcely assure the House of his sincere wish ,
at all times to resist, and put down every tendency to ;
spirit of insebordination against those persons en- I
trusted with the immediate custody of prisoners, or I
of any feeling hostile to that respect, and reverence
due to the Magistracy of the country. But in pro-
portion to the wish he had to support the due weight
and authority of the Magistracy, in the same•propor-
tion must he be anxious to stigmatise all corruption,
fonnirance,er negligence that tended to degrade it.—
[fear, hear!]—lt would be for the Committee to
judge how far the Magistrates referred to in the Pe-1
tition were guilty of all or any of those offences—
there certainly was no description of persons impri-
pened who had a stronger claim on the compassion- ;
ate attention of that House, than persons confined
for debt.—[Near, hear!]—When they saw, year
after year, the Legislature interposing between the
vigour of' the law and the unfortunate debtor ; when
they saw that Legislature resorting to the most vio- '
lent measures to cancel and annul the penalties of so-
lemn
obligations for the very purpose of rescuing the
debtor from the severe pressure of those laws ; when 1
they witnessed all this, they could not but feel that
the case of a poor debtor, complaining of grievous
hardships and oppressions, io aggravation of his pu-
vishment of imprisonment, had strong and peculiar,
claims upon their attention.—[ hear, hear !]—lt
might be objected that the same laws that deprived I
the debtor of his liberty, afforded him protection in
confinement : it was true, no doubt, that the
prisoner might have his action ; but it was not
equally certain, that be had the a ,tos of carrying
on the expeaces of a suit, or that it he had not those
means, he would be willing to sue fctr redress iu the
humiliating character of a pauper.—Tear, hear!]
—Having made these general obserbatiees, Lc should
now proceed to state, very briefly, the circumstaaces
of this particular case. It appeared that the petis
Cotter, Thomas Honlden, was brought before a Ma-
gistrate, Doctor caley Illingwm th, who, on a cow-
,plaint preferred by the gacler, ordered the Petitioner
to be removed from the apartment in the prison
which he had hitherto occupied, and to be confined,
lthough but a prisoner for debt, in one of the cells
appropriated to common felons;—[Hear, hear !]---1
and it farther appeared, that the Petitioner was left
to remain closely confined to this cell for eleven days
'and nights successively '• —[Hear, hear, hear!]--;
and it also appeared, that during that period he was '
denied the use of pen, ink, and paper, and that no
friend whatever was permitted to have access to him.
—Ulcer ! hear!]—What the mighty offence was
that had called down upon him the indignant seve-
Tay of this Doctor Caley Illingwortit, should here-
after he explained, and it should also be satisfactoe
illy- proved that this confinement in a cell for eleven I
days and nights, would not have even then been put
a stop to, had it not been for the unexpected inter-'
•eention of # certain circumstance which could also
he very intelligibly explained. But he could not
help asking, what was the authority under which the
Magistrate meant to shelter such an ad of oppres.
rtion ?—[Meer; hear !]—He knew of none,—[licar,l
hear!]—the common law he was confident, gave I
stone ; but it had been contended for, he under.
Mood, that all this authority was derivable to the:
Magistrate under the operation of the 31st of the'
King • be had read the Act attentively, and had
found it no such authority.—[hear !)--It did give
certain powers in the controul of Houses of Core
section to the Magistracy, but such Prisons as the
Castle of Lincoln, County Gaols, were, he con-
tended, the prisons of the Sheriffs, and not •tif the
Magistracy—[lleac, hear!]—lf this power had
en given by that Act, it would have boost given in
vlain and direct words, gad if the
,powsr be not
given, it was in vain to talk to that; Muse of what
this or that lawyer thought of the construction that
*night be put on that Act, when it was evident to any
Ilti4/ NO* toad it, that Po Pa coostnictiou was

TITE STATEgMAN.

within the 'nestling of the Legislature, et the dwelt details, and degrade its most important functions.—
n o.s enacted—L Hear ! hear !)--Det es to the offence It would have been better, in the present case, had the 1
of the Petitioner, it was simply thiss—Ha had re- petitioner sought his remedy in tho ordinary course !
fused to he supplied with a bed by the gaoler, and of law. lie understood, however, that the Magiss i
wished one of his owu to be breught into the prison ; trates of the county of Lincoln were anxious for en. i
Otis was no ipdolgence. He had a right to this ac- , quiry ; and it'would be better to acoedo to it, with.;
commodation by virtue of the 32d of peorge II• out entering farther into the discussion at present.
chapter 28, section 4, a provision obviously made Mr. ELLISON had heard it observed, that Ma.
with the view of protecting the Prisoner from the rae . gistmtes were not to be permitted to abuse their au•
pacity and extortion of the gaoler, who might other- thority. Now he had served as Sheriff 'of his coos.
wise insist upon' his own price for an accommodation 1 fy, and had been a Magistrate for the last 4$ yimiic
SO indispensable. The Petitioner, however, was threat. , and had never observed say inch tendency. &bad
ened with being turned over into the pauper's ward, in ' diligently enquired into the complaints made is the
case he brought in his own bed. He was then thrown Haase last year, with regard lo thh gaol, find he
into a roam containing 7 beds and 13 prisoners. It was must say, that the ex parte statements, whicit then
in summer—thi weather uncommonly hot, and the I went out to the public) had tended only to inflame
room very close. fl'o this room were two doors—an the minds of the people, particularly at a period of
'inner and an outer grated door. One night, after partial disturbance. Ile deprecated, as peculiarly
the Petitioner had been sent to this room, the inner mischievous, the representing Magistrates as not
1 door was closed as well as the outer, and thus the ; only 'oppressors themselves, but 'connivers at the
Weal opening between the room and the outer door ' abuses and extortions of others. He would ;sk,
was tiosed. It is not improbable that the Petitioner whether such language was calculated to lay the evil
(though it is not so stated) might have expressed, in spirit that was now walking abroad through the coun-
strong language, his indignant sense of such an act 1 try!—[ileac, hear! and a laugh.]—lle did not mesa
of oppression directed against himself, beCause he :to say, that motions of this sort might not semetintes
did not succumb to the extortion of the Gaoler.— ;do good ; but then there was a wise discretion to be
[lfear, hear I Be that as it might, he and the re-', followed, and a rash precipitancy to be avoided.-
1 maining thirteen were, innocent as well as guilty, ; But be did mean to say) that statements of the
!shut up in this room—the usual circulation of air l kind now given were productive of iufinite mischief.
denied them, all on account of the supposed con- ,The lion. Member then entered into a statement of
1 tumely of one, [hear!] and in consequence of what the circumstances which attended the death of God-
then passed between the Petitioner and the Gaoler, frey, the debtor, as given on the Inquest by Mr.
the former was brought before Dr. Caleyillingworth, Evans, the surgeon. Mr. Evans stated, that God.,
who could not find sufficient in the statement of the trey had been a hard liver, that he was afflicted with
' Gaoler to justify the exercise of power he wished to I gall-stones in the bladder, which ended in mortifica•
resort to, and expressed his concern to the Prisoner tion; and that the night before his death, Mr. Evans
that he could not punish him.—[year !]—This re- declared that he could not live many hours. The
gret, however, could not have been of long duration, man could not be saved, and every attention was'
for he was again brought before this Dr. Caley 11- paid to him. Ile was ordered spirits because he was
1 lingworth, and was sentenced, in two days after, to accustomed to them, and at the time of his death
close confinement in a felon's cell. Here he re- i there were some of them still left in his room. The
1 mained eleven days and nights, and might have re- ! surgeon saw him the night before, and also at fire
mained Indefinitely long, had it not been for the ar- 1 o'clock next morning. Mr. Evans complains much
rival of the intelligence of a conversation which had i in his statement of the conduct of Mr. Finnerty.—
taken place iu that House, on the subject of Mr. I He says, that when he came to give evidence before
Finnerty's Petition, complaining of abuses in that pri- 1 the Coroner, that person offered to strike him, be.
:.son, on the part of the same Geoid. On the or-1 sides abusing the Coroner himself. As to the
rival of this news, the Petitioner was immediately! Petitioner lioulden, he had quarrelled with a fellow.
discharged from his cell. And here he could not help' prisoner of the name of Morris, whom he annoyed so
congratulating the House upon this instance, among i much as to give him no rest night nor day. This was
numberless others, of the great benefits resulting ! the reason for his solitary confinement, which was or.
`voted
from public discussion. [Hearn lie had often i dered by a respectable Magistrate, who was incapa-
I voted in minorities of even six and sixteen, where ; ble of conniving at or abetting extortion. He (Mr.
the discussion upon the question on which they were 1 E.) rejoiced that a Committee was to be appointed.
out-voted had, by becoming public, led to a cote ! In behalf of himself and his brother Magistrates, he
1 rection of the abuses to which it related. [Hear!], would lay in a claim for as much philanthropy, as
He thought that these circumstances did lay grounds much humanity, as the lion. and Learned Gentle-
for suspecting both extremely corrupt motives in the man could possess. Do not let him monopolise all
Gaoler, and most criminal connivance in the Magi- those virtues to himself. He vas glad that there,
strate. [Hear I] The Honourable Gentleman would be an opportunity of vindicating the humanity
who cheered him would have every opportunity, 'of the Magistrates of Lincoln in that room; and till
and, no doubt, come prepared to vindicate; they were proved wrong they ougid art to be ate
both Gaoler and Magistrate; but he could not matised.
forget what had been stated in Mr. Finnerty's Pe- Mr. BROUGHAM concurred with his Han. and
tion, and never contradicted, that one of the Magi- Learned Friend, that the House of Commons could
Istrides, in the presence too of another Magistrate, told ! not be better employed than in protecting those de-
i Mr. Finnerty that he had heard that in other prisons !fenceless persons who were confined for debt. and 1
1 prisoners by paying for them, could get better he trusted that this investigation into a particular
; apartments than others ; and that if he gave three case of alleged abuse, would be productive of gene-
', guineas a week he might get better ; and that on Mr. ral good. With regard to the case of Godfrey,
1 Finnerty remonstrating that lie had not the means which he had first brought ender the attention of the
to pay so high a rent, the other Magistrate ob- house, he had not said that tho gaoler was the cause
served, that be undeesteocl a subscription was going of his death, hut only that a very culpable delay had
forward which might enable him to do so.—[Hear, arisen in procuring him medical assistance, which,
hear!]—He could not forget that the Member for' even if unavailing, should have been immediately
' Lincolnshire, who came down prepared to answer 1 afforded. There was at least theiaesumption of a
every other allegation, was obliged to suffer that to ! favourable-result had it been sooner procured. He
remain wholly uncontradicted.—[Hear, hear, hear!] ; held in his hand a stetement on the subject, signed
He had heard of a meeting of the Magistrates on the ' by 12 persons, one of whom, indeed, was Mr. Fin-
-Ist of May, who portioned out the nine sleeping nerty, whom some people might object to, as con,
rooms for debtors in the following manner:--seven fined for a libel ; but he must be permitted to ob.
to those who could pay for .their beds, and the re- , serve, that Mr. Finnerty's complaints last year
maining two to all the rest that could not pay.-- turned out to be too well founded, particularly as to a.
[Hear !]—By an order of those Magistrates, places vile nuisance by which he was incommoded. It
and cells had been appropriated for refractory and ; turned out, on enquiry, that the necessary of the
disorderly debtors. lie knew not the authority un- prison had a communication under his room. An.'
der which they made such an order, and he spoke other name signed to the statement, was Mr. Dra-
as a lawyer. [Mar, hear!] lie stated also, that kard, also confined for a libel ; but he knew him to
the Gaoler of Lincoln Castle had a fixed salary of; be a peaceable and well-disposed man, au industrious
3001. a year,
,independeut of all other emoluments. ' stationer, and not a seditious author. There were,
He stated also a case of a debtor in the agonies of besides, affixed to it, the names of those of the Ju-
death, who died in the night time before any one rors who were on the Coroner's Inquest; and in the
dared to disturb the repose of the Gaoler. He did statement it is asserted, that Evans, the sur-
not say that the debtor might notfiave died, whether geon, in a conversation with these persons pre-
a medical man had been timely called in or not. It vious to the Inquest, gave a very different account
had been lately said, that the gaol was in an inset-' of the transaction from what he thought proper
rection—if so, it was an insurrection of complaint.i to give afterwards. They also assert, that
But the prisoners had addressed their complaints in i the conduct of the Coroner was very improper in se-
the humblest and the most respectful language.— meal instances. He told the Jurors tbere was no
Such gaols and prisoners were, he contended, the alternative between bringing in a verdict of " blur-
Sheriff's, whose duty it was, not to ride on a caps- , der," or " Died by the visitation of God ;" which
risotied horse into the assize town before the Judge, induced the Jurors to bring in the latter . verdict,
with white staffs, and trumpets sounding, but to though three of them afterwards said, they thought it
consult the ease and comforts of his prisoners, for I would have been more proper to declare, that the
his they were, as far as that comfort was consistent prisoner died through the negligence of the gaoler or
with their confinement. Fertunately those new his servant.
lights had not broken when the great Howard under- 1 Colonel ELLISON explained.
took the duty of Sheriff. He then concluded with Sir FRANCIS BURDETT said, be did not wish
moving for the Select Committee. to take up the time of the House, now that a Com-
Mr. BROUGHAM seconded the motion. I mittee was agreed to he appointed. He rose princi-
Mr. CHAPLIN rose in answer, but spoke hs so pally with a view of making one or two observations
low a tone, that with the most careful attention, we 'on the state of the gaols in this kingdom. He bad
could • not catch even the substance of what he said. , received several letters and communications on this
One sentence only we heard, which was, that "the I subject; and he thought that it was highly requisite
petition would never have been sent but at the solici- ; that an enquiry should be made, as had been pro-
teflon of some third person whom he would not ' posed by the Noble Lord (Castlereagh), into the state
name." ;of the gaols throughout the United kingdom. He
_ . , . . .. _ .__

Lord CASTLEREAGH wished to observe, that trusted that the enquiry would not be like-that which
as there would be eo objection to the proposed en- had been made into the state of Cold Bath-fields
quirt', it might be better to abstain from entering Prison, which was an enquiry for the parpose of sup-
into farther details, as the House would he much pressing and not for discovering the truth. On that
better prepared for the discussion when all the facts I occasion no power was given to investigate into any
were collected by a Committee of Enquiry. At the of the facts alleged by him. Ile trusted, however,
same time, perhaps, it would have been more cense- that the present enquiry would serve to bring out the
nient to institute a general enquiry into the state of truth. He had come down to the House with the in,
the prisons throughout She Kingdom, as in that case Million of making a variety of observations, tending
Sums legislative measure might be adopted which' to crinduate tt.e Magistrates much more than the
woeld be applicable to all, for the prevention of Gaoler; but these observations would come with
abases.—[Hear I]—The House, he thought, must more propriety before the Committee. His object In
feel, that it was wrong, generally speaking, to en- iostituting an etrquiry into the state of Cold Bath-
courage immediate applications to Parliament, pass. fields Prison, was to tnerklthe outset of a new species
•ing by the intermediate, authorities, whose business it of imprisonment in this country, *palely, solitary im-
was to hear and to rectify complaints of abuses. prisonment. This mode of imprisoning was set on foot
Were this practise encouraged in its utmost latitude, under *authority of Mr. Howard, *name entitled
It would ornty gyervitelm fasliamest with pinata to the highest yeperation ; bs ibis; petwitbstand-

to more
wase
xnlpoosrede ut
onefanobrunt
plmnissoriisieornzewnit,,ichonetiawshimclot
ing he would say, that a more mist k
of
it
was impossible for the best of nw to devise. [Hear !] And ho trusted th t
they would fain
come back to our old constitutional mod ofl p ;n
ment. There was no safety to prisoner but at the
free 'Omission of their friends to
them. It was.
possible to devise any other means by which 111;
could be secured from rparession. The they
• r most ex
cructa mg tortures might be Inflicted oil a
,he might be harassed in the most vexatious
ma*n
1 nPrI
and yet it might notbe in his power to procure anitre'')
dress, or to state his case, floes Vie eh curnstaje of
the very nature of his imprisonment, precluding bin
from having any evidence of the facts.
With re.
, spect to the gaol of Lincoln, it appeared that a
poor
man died without medical assistance, when it ap.
peered from the evidence he nos known to In
to t
most perilous situation. lie was left in that •
sous-
`lion where It was impossible that any di me cal relief
, could be afforded him ; and that very fact &low,
showed a want of feeling and consideration for the
PM of the unfortunate man in the highest degseo
blameable. Ile had a paper signed by more than a
hundred persons, many of whom were most respect.
able; but it was now useless to trouble th Roan
len that subject. It was alleged by these persons,
ithat the Coroner was in the practice of ton-roving
large sums of money from the Gaoler. and, was con.
sequeutly under his influence; that, that p actiee of
borrowing money from him even asc.nded t ) the Me.
lgistrates ; and that the Gaoler had amassed great wealth
in his situation, which was 3001. a.year. This sunk
amassed by him, it was said, was as much as 20,0001 e
What the Magistrates chose to call an enquiry Ives
completely futile. They used to ask up the gaoler,
put a few questions to him, which the gaol .r knew
very well how to auswer, and this thsy ca tel an en.
quiry ; but this was the way to stifle elf ctual y sli
sort of complaint, because the prisoner knew
very
well how all would terminate, and moreover that eto
complaint would be followed with the resentment of
the gaoler. It was certainly singular eno,.gh that
nothing but solitary confinement was taken from the
plans of Mr. Howard ; and that every thiag else',
our prisons was directly the reverse of what be kit
recommended. In this case it appeared that neatly
all the gaol was taken up by the gaoler himself, who
had converted the court into a garden, who kept
cows in one part of the prison, and had converted a
considerable space into a warm bath. Now all these
things had been expressly pointed out by Mr. Howard
as injurious to prisoners, who were thus deprived of
air and exercise. Another thing pointed out by Mr.
Howard was the use of irons in solitary confinement,
which could he of no use in cells but for the purpoca
of torturing. Solitary confinement was recommend.
ed merely for the purpose of preventing the prisoner
from being exposed to sources of immorality, and
not for any purpose of torture.
Mr. SHAW LE FEVItE said, the Report-of the
late Commissioners had been three years upon their
table, and he thought it would have been more man.
17,. .nod more correct in the Hon. Bart. if he had
stated his objections to it earlier. So completely,
however, did that report contradict the allegations
contained in the Petition, that the conclusion gene-
rally draws, must be, that the Peti i n did not tate
the whole' truth. He agreed, however, with what
the Hon. Baronet had said respecting solitary con.
sfinetneut ; and he hoped that a commission would be
sent down to Lincoln, in order to examine witnesse s
upon oath.

Sir FRANCISBURDETT and Mr. SHAW LE.
FEVRE mutually explained. _

Mr. IVILBERFOIiCE Said, that Mr. Howard
had often observed, that solitary confinement hat!,
in tome instances, produced good effects; but then it
emelt not to be loft at the pleasure of the gaoler,
bet subjected to proper regulations.

Sir S. ROMILLY observed, that in what he
sbould say in reply, he would confine his remarks
entirety to what had been said personally to himself.
One Hon. Gentleman had thought proper to °beetle,
that he had no right to assume exclusive huntanit:• to
himself, and to leave none of it to the Magistrate;
of the County of Lincoln. Now, he would appeal
to all who knew him, whether in that House or out
of it, he was ever in the habit of talking of his hu-
manity. A more disgusting picture than the lion.
Gentleman had thought fit to draw of him, he had
never heard; for the man who was always talking of
his humanity and of his conscience, had generally
neither the one nor the other, but wa-. lunch more
likely to be one of the basest of• human being.. But
the Hon. Gentleman had also call• d him (sir S. Ro-
milly) a very mischievous person, n,laining the pub-
lic mind, and exciting the people against the Magis-
strates. Now what had he done t. deserve all mei,/
griavoirg imputations? He had merely presented a
petition which had been put into his hands com-
plaining of grievances, and the mut who should
refuse to do so was not fit to • represent the
Commons of England. But who were the men
who really unsettled and inflamed the public mind?
They were those who came forward, and who, though
unable to extenuate or explain away the charge which
was made, were so ready to ascribe motives to the
men who (lid their duty in bringing it under ill(' at-
tention of Parliament. The Hon. Gentleman had
said, that Houlden was put Into solitary confinement,
on account of a quarrel which he bad with a fellow
prisoner. But because prisoners quarrel, was there
no other way to keep them separate in a large gaol,
but by shutting them up in cells, and denyin► them
the use of paper, and the sight of their frie; d;?--
Surely such statements as this were calculated, if ally
thing was so, to excite and inflame the public mind.
The Noble Lord had observed, why did not the Pe-
titioner apply to the visiting Magistrate in the fist
instance ? Now, it so happened, that it was this very
Magistrate, Dr. Illingworth, against whom the com-
plaint was made. He could not concur in the idea
of sending down a Commission : the House ought not
to delegate their inquisitorial powers. He had at-
tended quarter-sessions, and he certainly never knew
sentences of solitary confinement passed by-a Judgv
of Assize, in the same manner as they had been
passed in those tribunals. One strong difference be-
tween the quarter-sessions, where Magistrates pre-
sided, and the higher courts, was, that the proceed-
ings in the letter were published, and net in the
former.