Law Report.
The Times, 1824-05-26T00:00:00

The COURT, Withlout hearing tie resiclue or tneargumen' nsu. port of the Writ esf.pTohibitibri, mpdaethe ln~oue obevig th At the ate might, if abeysh64%,ba so aNvsisedt5 riise-tle questioni ons THE~ KING, oir THE PltOSECUTSOIr OF GEORGE CErETWYYIWE, ESQ., H.P., AGA-IxST GAThLTOi ArD OTHrERS. Tkhis was a rule obtainied in last termn -by the Attorne -General, calling on the proprietor, printer. and publisher of the BjrItishe.etswis to show cause whov a. crimninal Iii-formitation slhouldi not be exhibited, against themn for libel- on thr prosecutor in his characters of memiber of Parliainent and justice-of- the peatCe. The publications complained obf appeared in the Br~itishr Press Of 27thi of December, 182, 5th of, .fanuary. .I824,. and l7th of Ja- nuary in the same y-ear. Te Icd chiefly to the prosecultiorn, trial, sentence, and -nunishmnent of ikr. Chiarles Flint, whose case was brought by Mlr. Denman before tlie House of Comnions, and is still fresh in the public memory;' buit they, alsb iriaputesi -tcl7Afr. Chetwynde p irtialitv anid oppressiton' in the case of- Mlr. Abrahasii Flint, brother of' iD,harles Flint, in -the ye4r -1822 and contained strong general rema:rks on the VaganteAct,which wasintroduced by Mnd oppessivde. and generally iepresentedhits conduct as arbitrary- It willbe recollected, that at theilMichaelmas messions forStaiord', in Uat year, Mr. Charles Flint received from Mlr. Chetw iuci as1 chairman, sentence of tliree mn-intbs' imprisonment tohar lom the county gaoL. The alleged libels, whichi were founded on the' m-emorial of this gentleman wvhen -in p rison, addressed to. Mlr. Peal, ineinuated that Air, Chetwyade bad advised the Prosecution; thtatbhis conduct on thetrial was par,tial ; that the sentence was grossly inconre- miensuratetothecoff'ence; and thiat themodeofitg execution was harsh andl vindictive. Quoting from the memaorial, the author of thearticle inserted the following passage':- "Thiat your petitionerhasbeenton- tined, to hard labour-h-as been divetsted of his own clothing,'.and clothed with a gaol-diress, andossocia-ted with vagrants, felons; p'nd-the worst description of offenders..-thar he has been refursed permission' to procure or have any othiei nourishment or food than th'e gaol al- lowance, consisting of bread and water and a few potatoes p,er -dkie, witsh a jitale wvarm m-eal and water; the latter of whichi your ~eti- tionler Ila$ found it impos&sible to eat or pattalte of." He-alleged, "that Clharles Flint had been made to untlergo his ignominiousf sentence w7ith every unfeeling accompaniment of disgrace.-andI tioni that coald aggravate its severity ;" that "1no noticewatke of the 'report of his illnesti C" that "1he had' actutally' fa'sted forty hours, ftomn an inability. to eat the bread and water and gruel, whichi was the prison foo put,on the grosisd for him bly theiturn- key;" that a statement which he made of his grievances wag stolen by the gaivernor of' the prison while he was at chapel ana conveyed to 3fr. Chetwvode; and that afterwards "1he was d'eprived pfpeni by remnants inurthron an byiga. langae andmi lsob r- mean done with G. Chetyd,Eq 'p e aeIirs whole facts of the presentcaebfrthpblcwesacornt with it the very illustratiedti fhscnuta m itts two years ago towards Alr. AbraamFlint -the brohr r attorniey ofhigh respectability at Utoxte,whe the unmare severity-of his most unjust and unjsifibesentnewas- annle by the prompt, manly, and humane ineffice of Lord Sidimouth, then Secretary forthe Home Department, towhon a asmrialon the subject was presenLted, end who, finding on Investiga rir that if was without any eolour ofjustice instantly remitted it." . Mlr. SCAnrETT (with wrhons was Mr. Sergeant Wr.xE) flow showed cause againsttsherule. The case was one of very, great im- portance, and he felt extreme anxietv to do justice to the defend- ants, and to refrain from doing in~justice- to) the prosecutor; he sfiould therefore state all the material fact pf the affidavits - with thesujec o crmial roeedngin noherfom;but he the CurtwouldnuotthinkM1r.Chetwyodeentitledto that xaodar relief for which he had been adlvised topray. The prncplmte of charge relate to the trial and punishment of M)r. CalsFn but there were also allusions to a former prosecution gnsIlr Ahralham Flint, his brother, inx which Mr. Chetwynde'scodt s called in question. M5r. Abraham Fli'nt was an 'attorney at Uttoxe- ter, in Staff ordshire Mr. Charles Flint had been lbr yeats his arti- clad clerk ; and these parties had made statements on oath, so clear, ospcfc, and so circumstantial, as, if false, must siubject them to a conv'Piect,ion0 for perjury. After.- stating the general outline of the charges, to which we hiave alludedI above, the learned counsel pro- ceeded to state Mlr. Chetwvnde's exculpatory 'affidavits, made in order to obtain the rule. One apecitic tnsinuation made int the article-that Mr. Cbetwynde had advised the prosecution of Mlr. Charles Flint-was certainl y not suistained by anv of the affi- davits, and wvas positively denied not only by Air. Chetwynde himirself, but by the law agent of the party by whom the indictment was preferred, and therefore this insinuation must be taken to be er- roneoUS. Mlr. CheCtwynde stated, that at the last Michaelmas quar- ter sessions, en indictment came on to be tried before -himn as Chair;, ml~an, wyhen Charles Flint aind fiye othier persons were charged -with riotously and routously hinderinig, opposing, and obstructing, John Rowley, Robert Jones, and Richiard Bridgen, constables, in ithe de- taining John Wiilkes and Joseph Hawkins, whom they had seized for the purpose of conveying thenrtbefore aL magistrate,to arrawerfor ani offence uinder the Trespass Act; in another count., with - riot- ousl assmblig inordeto hndernd bstrsettheeo nstables; and, in thrd oun, wth rit. e ten said, that the defendants "hada fir ad ipartal rial" tat he took- down the evidenice in sp~rtof he idicmentwit coreetess and impaTtiality- ;"and tha aterth consl fr he efndatshadl addressed the jury, no witneasses being called on their behalf, he "1 proceeded to- sum up the.evidence. and to make such remarks upon it as he c8insidered himself bountd, in the discharge of hiis duty, to make, fromn the facts proved, starinig the law applicable to the case, reading the whole of his notes, and stating the effect of the evidence as to each defend- ant-that lie endeavouredi to excite iio prejudire-that he told the jury, as he considered himself called to tlo on the facts proved, that in his opinion, the evidence had substantiated the case againist all the defendants; hut that if- they thou,ght otherwise, they might give their verdict accordlingly; that if they had any doubt as to thle guilt of ary one of the aefendants, they would give him ithe beneifit of that doubt;, and that lie left the case entirely in their hands."1 tt was hiere wiorthy of remnark that Mlr Chetwynde, though lie sitated that he took full and correct notes, did not. set forth those notes, neithier did be assert that the report of the trial puhlishcd by the defendants was incorrect, which be mliht easily hiave donie bud he been able to object to its accuracy. There wvas a modce by which a person presiding as judge inight really fetter a juiry, while he appeared to leave them free; lie migzht so stronqgly imipresis their miinds one way, that they could scarcely find thne othie- with decency, and yet leave thlem at perfect libertv to give a verdict on the other: lie might persuade them Ithiat no dou bt couldi exist, andi yet tell them to give the benefit of aniy doubt to the prisoners. Onie thing, however, M1r. Chetwynde did not do-he slid 'lot thiscriminate betweeni the charges or; the! , record and accordingly the jury foutnd a general verdict of guilty ,against all the dlrfendatits. M'r. Chetwynde theni proceeded to Stat Ithat he consulted with the Rev. John Clare and Sir Oswald Mos- I y ; that, agreeably to thecir opinion, he passed sentence that ecach of tire dlefenedants, should b-e imprisoned and kept to hiard Ilaborrr for thiree calendar monthbs; and that in determining Ishe sentence, he. a-id as he believedi ehe other miagisraes wTere not actuted b any other motive thaii an anxiouis desire conscien- !tionaly] to discharg`e their duty. After denlying the imputation of p rhevious interference, (whichb he did withouit contradiction), M1r. hetwynde proceede-d to excuilpate hirp%eltfroms the imputautons cas,t on himn- in reference .a RIr. Abe-Tharni Flint, the brothrr. He alleged that the sentence passed on that irdividual was pronouinced -With the roncurrence of the magistrates; that thiememorial presented toLoDrd Sidmouth was transmnitted by himself, but his LDrds'hip declined.to act on it ; and that afterwards., when M1r. Peel succeeded tbat.noble lorin, Mr. Chetwynde. actuatedI by imotives of compassionm towards Mr. Flint and bis femii,y, applied so 1hin,, and obitained a remission 'oftsheresidue of the sentence Thieprosecuitor then went on todeny Ia,, allega' iw' in the alleged libel that any extraordhisasy meeting of Miag5istrates, took Place, or tbat,)r. Peelre'coTimended such meetings, and act ft,rtrh a letter of Mr. Peel, dated Dece-mber 122, 1913, admit;- r ina that hIis report as to the ease of Charles Flint was4 "peTfectly isatisfactory ;" but that thiough there was no specia mneeting, the saibject wa ir.vcstigated, at the quarter sessions, whenit wasresolved that she Lord-Lieutenant, who was present, should convey. to Mr. Chetwynde thic unanimpous approhAtion of his brother in"trates. ; 1r. Chietwynide then denied the alIegatloirrthat" Charlens Flint was mITade to undergo hiis sentence witth every uinfeelitag acecoijiaime oprvation and disgrace which could aggravate its seventy," and iasserted that lie was colnipolled to undergo "1no accomnpaniment Of disgrace or privation becyond that whichi necessarily attended the due iexecution oif tim sentence, or was occ:asioned bj treating she said, 'Charles Flint in the manner required by the ruflesiand'discipline of the couanty ga,ol"--a most loose aliegntion, because it'gave scope tor opinion, anid maight be interpreted by every nman aeccording to his own fancy. Mr. Chetwynde next adverted to the "1statement" of Charles .'nt allgedso have bcen taken froin his room in his absenice; lie di ntaitem n t allegation; but, on the contraryr alletea that suchb staenint as aidby the governor of thec gaolbe?ore him and three mternagistrates, t-wo of whom were visiting justices, at an ad- journed quaeter sessions, and afterwards transmitted to hig Mfajesty's Steretary, uf State. The remainder of.llr. Chetwynde's affidavt was occupied ini denyincg that he bad acted oppresively in the execution of the Vagrant Act-an imputation which ought not to haye been made on him, and whichi certainly was not su'pported by proof. Thee LortD CHIscu JUSTIsCF asked if the charges of misconduct in the execution of the Vagrant Act were contained ini a distinct article ? -Mr. Sr-AItLETT replied that theywiere, and proceeded'to state the other affidavits in support of the-rule. -Next ;was the affidavitof Mr. CarTe,wlsUo concurred with Mlr. Chetwynde as to the'maeilt of ihe trial, and stsaed that he agreedl in the mieasure of ptulish.1 meat awarded. Mlr. Drutton, the gaoler supported Air. Ch tyde in the statement that nioseverity was uiscA totiards MUr. Chab sFit except that whieh was conformable to the ruiles of thieprsn.ad neces5ary to tile due-txecution of' the sentencee; th at the-. prisoner ,WOre a warn, and comnfortable dress (of what nature the C!curt would 'hear presently) ; Chat, during the gncater part of. his imprihontien; he was allowed new milkl and during a part of it teanand sugar, ani the use of' a feather bed; that the 40 hours during which ie ' repre- sented himself to have-absolutely fasted, included tie .ni,ghts.or 28 haous, and 10 hoursuurio -which he was confinc.d'to.hi cell for im- proper conduct at chapel -of whlat nature haid-never eve. been sug- gested), and that dAng h th'ose 40. hours ikia doeotoesfweretaken to him, and " placea on- the grouind at. his desire,"' but, a.s the (ourt would find, plaecd-there because -there waa no other place -in whiclh they could be set down. - WVits repeca. so die memorial, -the, gaoler stated, that a, wr4tten,.paper, fouril in the celti without address.or date,. was brought :t himi by; the task-master, and that be, flnding it to contain false statements. I and -tepresentations respecting his own situation anl -the -conduct .of a magistrate of -the,county .delivered it . to the J6stices it tlih'el.-, .journemh sersiots . ,Thus mluch for a. refutatioa ' of' the'chat of taking away the memorial; and with 'respect so that 01 deprovrnv prisoier of tuk, the gaoler did not deny that the ink vas renoseC but alleged that the task-miaster took it because Flint oteupiea him self ibi writiDg instead of attsading to bis work,' <a-nd t.at diafr wards. obtaineiAlrmaserialdsfrom hi8 friends_- the use of wichieas allowed hims with tio otlerrestriction than-nat ol sccountingKfcr the quantity given to him before he should dtiuanda trash supply_ a restrietiol 'Wbich- seemee ::absolutely-. unmeanSng, inm3es5 '' mneant that all(his correspondence, was ifspectield_ Mr LrODtd furtlretsiIssedf that he teceived.no -.ordets, .frot1 ite (r fhet.wv,de.ot aty other magistrate,' fot treatilg - Ctarlew PJ'i0t -wviri any dameree of s6eerityv ^- oliotherwise thanlh prise teas so,svcj.ie beonged ;'1 sind that he was no Otherwise treated, but was. allowedl indulgences- when. repolrted ill by thesurgeon. Tfhe gaoler furtber proceeded to exonerate lAlr4 Chetwyknd from the imipiitatfon' of op.' ipressis'ely-executing the well-known actof which hie was the authior, .stating, ;that_he had -only~committed nine persons, under i4 rind that td'esewdre lenientlyas well as legally treated.- Next citrie.theafll' dhvitg of thez .task-snaster, and- of thie surgeon and 'assistant-sur- geoa-te former of whom stated, that he -watched the prisoner to a ersnfhjs gomplaintssof illne-ss were well-founded~ and think- ig.hy-were -mot go,- informed the -latter: 2nd these persons atdalays~ on -the- supposition- that* the unifortunate young man: was. ;made uly of--fraudI and falsehiood, end was always attemipting to imupose on, them ;for thtey attndled to the repre;- sentaulois -,ofothers ax to his healtlh, ard-.disregarded hYis own. There was onestateeaent its the affidavit of M1r. Francis Hughes', .the sui-gen, wvhichi requiiredI particular notice; for he istated that Mlr. fHawthorn-, a suirgeon from Uttoxeter. sent by the, friends Of- AMr. Charles Flint-to visit'him ini prison, bad been allowed to-see and remain 'with -hinmaconsiderable time-;.from whence the'Courit would naturally infer-that the medical attendant of his family had bteen -prmittedlo.advisehim.: but what woatld theythink, when they fpundI from thseaffidavit of i1r.- Hawthiorn, that-Mr. Hughes expressly ;efused tohillw-him- to viiSitlilr.-Charles Flint professionallv, orwt - ee-hirn-at-2114-unless he would-pledge-hiinself niot to ekanino himi ;espectiag his health ;-and-thar, accordingly,.Mr. Hawthorn fobrore, -to,make-any inq'sirv. respectingit --The surgeonsund thetask-mas- -te swre,tha Mr Chrle Flnt as ellattended, a-pd not. cami.. - plle toseereexetio;ad t wht seetseDf labour, andwhat mode -oftretnint,theCoutwuldheraftr jdgeforthemnselves. This wasallexcptte afidvitof r.-eckrso asto w-hat pa~ssd be- foreMs~~Vbiby,whe thechagc f rit ws frst- madle, and this -Te AtTOR!wEY -6NERAL."Tt is very material ; for it has l;eea alleged by - the libel, that-11r. Whitby dismissed the chiarge, - and -then that- .Ie. Chetwynde interposed, and procured itto bere- -vived, from feelinigs of mnalice. -- - --Dr. SCAULETT..'-h~-lave already admitted th?Lt this'imptutation. - iarepeIleddand therefore-I said it is notmaterial.- - The LoPsti CHrErJUSTrCE...Then tifere is no affidiavit show- ing- hat-r. Cetwyne adisedthe prosecatiQn? . - - Mr.S944T.rTT.s.There is not, rn) Lord-; and if your lordshiipt are of opirron, that-ber,ause there;Lre one oirtwo detached circum- stances which.I cansnot 3ubstantiate.,amidst a mass of accusaCtion, the r;ule msnut>be - made absolute-I- have ano more to say; but I submit, that if--I sbow'ethat thle libels'have Originated in gross micounduct- of-; the proseccstor-if I make- out a -cas&- of - fia, pgnt- oppression -against him, and prove that in za great variety of Austaimcei tho-ichargeji true, your lordshi%s will niot think him en-~ titled to the extraordmnaryprotection- whic he asks, but.leave him. to pursue his ordinary remedies; The learned'counsel hiow proceed-. ed to state-the substamce of the affidavits -fi1-. oppositio toJthe rule, aind divided- t'he case- into- two parts-first, as restiected Alrl. Abrahsiti Flint ; -aid -second, -as- affecting Dir- C12lisrlFlint~ his clerk apd -brother.- , Of Mr. Abrahanm -Flint, whose affilalvit he was aboistto state he knew nothing; but -he was, at least, in tlhe situa- thine ofa,en m an4 he-had voluntarily incurred a taost'iver 0nshiJEyAheiad-wqr cht wichwaspntue~for lIechail, bydatesand-names,.furnitihed he com.plete means of.detection. He stated thAtsome-timeagohe wao. solicitor under aeomnmission ofbanlt-. rupt igaista'pesso,nanirnedCharles-Eimery,in-whichDir. Chet.wynde acted ai'the-kuoru'mc'ommissioner. In the conrie of the business many dispuites arose between- Mlr. Flint-and- P1-. Chetvwynde, irn conse- qence of :eauyprte meetings held by the latter wltltoiut n'otice, and th4t -these disputes led t'o o'stile- expressions..- Wrle:J tIre inquiry was fknding,-Mr.;Flint- thought-it his duty to instttitue a prosecution aginst-George:Emery, -the brother of-thie bankrupt, fgr -a fraud; - ad ssth-efendAnt-l~ipt out of the way, obtained a warn fo his appreliengion, He succeeded,- irs findling him.. Em~ieryn-made a despeate resistance to the constable, buvtntlength wa-s taken; after Whigh A-in Emery, -his- wife, made a violent attack on D1r. Flint, who wasOn horieback dir~cting theproceedings. Inorider tocom-. psiher-tolea-veboldol' the weapon with whichashe was assailing hini, he struckc her -a slight blow over the hand- with his whij,, which produiced the result decreed, ana was, indeed,, necessa to his 'swa safety. - At the. assizes M1r. Flint -preferred a- bill -of in- dictmnent- against George - mery antd others, -which wvas foiund ; and, - a- they did not try, their traverse, he obt"ained a warrant under the hand and mel of the L-ora Chiief Justice for their arrest., Under-this warrant-, Collett, the.ionstable, to whom it was intrust- ed, appr-ehended -George Emery at -the Talbot Inn, at Rugeley, where Wir.-Chetwynd:ethen usa. That gentleman now.manifested no slight Interest-on behalf ef Emery, for be expressed- great- anger itt thr arrest, rescued the, pri'soner, and toDk him from.the constable tabis- own-house it-Brocton- lodge Ihere heallowed hirm to remain till the-moibing. -The-trial of imneriy came on at tbe-assizes, wahen he was conivicted and sentenced to six mnobths'- imprisonmenit in the -pounty ~gaol ; buit he afterwards -preferredl a bill of indictment at the sessions against Ali. Flin t, for the assault-vornriitted on his wife, in the blow which she-feceived at thecirne when he was takeni. This pae was traversed, anti came on for trial at the Dlichaelmas quiarter =esi6is 18-21, when- M1r. Chetwynde presided as 'chairmia. The traverse Was twice called- on, the juxry were actually i3worn, the de- fendant -wa ready to prove his notice of trial, and to take an acquit- tal when MVr. Chetwynde, without any niotion of counsel, or any request made on the part of the-prosequtor in open Court, directed the trial to stand -over till the following day. - Onm that.morning Geo~ 'Emiery, 1- though then''under sentence- of imprisonmient whir-hadnotexpied,appeared-in Court toconduct the prosecution1 and prduced is--fe his son, and other persons connected with him,as wtneses.These inidividuals swore that 1Dir. Flint struck Ilisi tisry efoe se assaulteil hiim ; but, on the part of the de-' fenant sx rspctale- witneses swore directdv -the reverse. In summnngu~the ase r. Chstiwynde, -by whose order Emery had bes ilegaly rouhtfronm prison to prosecute, made no remavk. on the licinsancs wich tended to shake the-credit of the witnesses fortlheprosecution. although they were weIllknown to hn,an~,ae his charge,' the jury returned a verdict of cTuilty. On this, Mr. -Chetwynde sentenced the defendant to -pav-a fineatf 1001., and to be imprisoned sixmoniths in the countygaol,calling- tormir.dthe sen- tence -on: Emery at his prosecution, and professing to deal out the like measure of )ustice in both cases : as if to punish a gross fraud and a trifling-aissault with the same infliction, was to deal out equal justide! - I Mlr. Justice BAYrx Y asked, if the libel referred to tbhis case, so as to direct?theattentiou, of-M1r. Clietwynde towayds it,when putting in his affidavitsj in exculpatien of hiimself ? - MVr. SCARLETT replied, that the case of Alr. Alurahsaii Flint was specifically-referred to,and that Ain Chetw-vnde, in hiis affidavit, took mierit -to himself for interposilng- to procu'-e a remnission of the -Mr JUStice BAYLgY observed, that it w.as usual to bring a Party fronip rison to give evidence, ma c-ase where he complained ofinjuy - 1r. SCARr,ETT replied, 'that he ought then toberohty habeasrru n nor by the mere authrt-famgsrt.Ps sibly, ide;~nCewnemgtmsaehsjrsito nti on bt-hsodetsee so sotepitwthhich he act- ed, and'the degrei of interest whichhealwdimlf to take in. t'he cause. After the sentence was passed, many gentlemen who had long known DIr. F;int took nmeasures for procuring its remission ; and on Dir. Chetyivydebearingof their design,hsbsignified his readi.- ness a concur in it, provided a memnorial on the subject were pre- pared by a barristerof his own selection. A memorial was accord- ingly drawn by, the -gentleman appointed by Mr. Chetwynde, ad- dressed to himself, apd contained tbe faloowing passage- "We are well aware that we miust abstaini from questioning the propriety of the verdict by whiich the defenetint was found gUilty Of thlis assault, and we have pleasure in hearing testimaony to the im- partial nsanner in whichi the case was submitted to the jurv! by yourself as Chairman of the Quar-ter -Sessions ; anid- - we are satisfied that the judgment which you andt the, worthy magistrates by whom yon were assisted, thougZht proper to Iveuponi theoccasion, prowce&ld from an anxious and a conscien- tious desire effectually tco discharge a very painful duty." W1hen the memiorial so.prepared %as shown to Mlr. Flint's frienids, they re-- fused to sign it, unless this paragraph was olmitted: it iwas accord- ingly struck ouit, and the memorial signed by thie greaser niumber of- tire respectable inhabitants of the place where Mlr. Flint lived, and by eight, or near-ly eight-magistrates, was transmitted to Alr. Chiet- wynde. That gentleman, however, expressed his fears that it would not, succeed ; recommiended MIr. Flint again to communicate with the barrister. to whamn lie had written fully on the s'ubject; anid, at ait, transmittkd the memiorial, With a letteLr that he was not "distatisfied with the verdict orr the sentence, and which, as the deponeiit believed, induced Lord Sidniouth to refuse its; praver. - In the mean time, suggestions were mnacdr to M1r. Flint, as'he verily believed, by desire of Mr. Chsetwynde, that the successof the niensorial depended on an arrangenment of the adeis of- Enet-'s bnkrutcy onthe consent Of MrT. Flinit to GeoreEmey'sdiscarg; hu ~s refsedto agree to either,or to ad. mit he mpatiaityof ir.Chewyne,toug prsse byhim per- sonllyto oso an gae ip al epecatin o obainnga remis- prsed by another. visit from Dlr. Chetwynewoifre im that hehad writteni to the Secretary of Statefo his dischaTrge -and jliat same eveninighlewas set at liberty. From subseque~ntiiiqairnes,hewas- indsuced -o believe that this result arosefrom the ase of twoyn gentlemen namied Barrs, who were convicted at the sessions in Ja- nuary, before D1r. Chetwynde~,of a violcUtassult with flre-arrms,and *howeresentenced only topayei fine of- 25l.each; and frora theg~reat discrepanicy between-that sentencee and -the judgment uinder w iiceh he was sufferng, which rouised thec miagistrates to reflect on the in. i~istice done hMN, and led Mlr. Chrtwynde to think- that it.would be mnost prurIent-to set him at-liberty.,- To-this cau-se, itaid not to DIr. ChetwyBde's humiaaity,didhe impuite the remiission ofhins entence, 'which- must seema to every man strangely' inappropriate and sievere. -The learned counsel now proceeded-to state'the caseof Mli. Charles Flint, asit- appeared an his affidavit and onithose of other.s. WVhat imnpression the tatemnent isigt mal,e on seinee inds,he'knewvnot; 'but he thioughit no person of common humanity could hear of the sufferings to which this young man had been sitbjected, and not feel the dee,pest sympathir viti tk is misfortunses, and -the most buirn- inig indignation ait his wvrongs. On the llth-of- June, hie was at Stafford fier.the purpose of searching tha Borouglr Charters,- oni some inqir hstletothe interests of r 'hrwide astmember in Par- liamnt ar te br4ugh, and of the party by. sehons lie was supiport. ed. Wile hus nraiged, about iseven a ~clock in the eveninig, hiewas SCt ft b--Jhn2ilikes, a dlient- of his brother, -whom he found in C43todY,of.a constablenaiuied -Rowley. - He - requested- Rowley to slow h'ibi is authority'for the arrest:- Rowley begged himn to wait till he.sldlodged his.prisoner in tha round.hoase; he did wait, and aftxt,#dWi ac6ompanied the constable to the hiouse of a nman nanied COdik, sihere the constable' produced -his own appointment to hiis oflEce. .le swore tbat rn this seasion he-did not resist-the consta- ble; that lie entreated nis client to proceed quietly, -and- requested ihe.Ccowd-tobi aliopeaseable; and that hewent heme to-his lodging aftlookiii.g at tfih constable's appoiutmnent-.au'tority lie had none; tbr tliere was iicither an information inor a.-warrant, bitt only a mere wrrn iuse tbht: Wilkeshad kb en guilty.of anoft'ence agairst-the late act fort,be p,umshmenitofwilful erespasses-TheofhttuceofwVilkes was th'at he hfiadhbg,'iirevailedon tbaecept the tenancyo6faf'armnnet- Stalbrd .from, a-person iamed qcoke, whobad-laid a claim-probably a vpry absurd one-to the lands of Sir George Jeraingliam near that place;- and that acting ui,der ,the suppositioh of his right; hehliadtaken- pob- sesslo. I h,enhe 7w4s. carried away in this summatye manner to prisont a caowd i at4rally.clUected, clilelly from 'feelings bf ctriosi- ty, and'some nojse eand shoating . naturally prevailed; but in this ,blXJbarles. Fhnt took no pare, and, accordin' to the evidence of tonie sf the iVjtnesses for the-, prosecutioi, used-.his influence to nm- o deratetlie.anger pfotiters.: On the tfollwing dav, having lieatd that L tr. W hitEY, a biijAtrait,oo the districte was -aout to issue a wai- rant ainst,hism, ie weui -.bef'ore. that gentleman, and itatink vhat helhdahiiaid,ofi.ed.to give wail;-.but-Dir.beckersoi', the attorney .of Sir. Geozr Jerninghaia, said that-bc had vo charge against him. . soatw'Mand nig ihi6 declarmtiom: iiucb was again repeat- ,ed on thte e.xawsniation . ofthe other -derendants, be u-as indluded t iieinict.sient preferred gaiiins t iems.dnd aecordlingly:took liis trial Oitrh themt at the Michlnsiessi6ns'iast car. At the triti, e ,e ,nde,nc,c ,for the proseattiounvas sofe'eble and st self.destructive, a4ds.so l-itt apiihed toihnn, -hat his counsel, wiith tihe:ayppobatioi 6f ht s-tlidfds; declin,atrl,irg~ witnltSrg to.refute the cast,--hich'thi's t oughf snsuffiqent>^!.even tpgo to. dty;, anti' Iherefoke6tIionirh Q __17.- '.S , ! 72 n} . .. 1 : -' g ., ,7-, tbe , W ;E at _it _1i swamn., Mr. C etwyn.de presilded, and'Flitotvworethla~,tI~ lief; he had not.P fi'r and. impattial t ,h e ed chairman inteidedor tblead thess uryo that hes ormitted favdiiris'g points inri-the evidece, untiltrepepted1y remindnd by- the defend arnts counsel;ad natu ; aeven tbartxhemere steted 'therir,'b ntho out comment, -while he -nsade- strong,-renarks, upon uth e-v-i dence as- it apnearedto othbers to t hony totht in statinkthe '-rw abeasplitabie-to thec aseinhelsaf -h itciown only-as !eedptivteofun' lawtI a ainotofsobitous tassemnblies. yet hernever.diraectsesathd at`. tention of'the.juryto thii disiinitipN, but took -a gedieral verdict--of guilt.7. Thlii vaa important.ecause b'ad the -itiry 'seen th-el dis- tinction betwqee mere prteenceat,..an'unlg,fti' assembly ant1 parti- cipation in a riot, they coli1d not have:givena,general. erdilcthe bd then thi entenca of erdlaboturt suthorized-: ob ; aeon 114, could nothhave been ipronoiucc. Afterthieverdi,t; the did. f th. placerisutalle i oaicl e nssot his characer, who described- what and who hie wast-o younog man of education,. of 'peaceably habiti, andoffairclaracter e and-et he,;with-theoter dehis dntev , r:ceipded sentenre of three months' sii~ripesonment to. .hrd: abour; Although Mir. Chetwsnde admitted i that them-re. wermintigatory' -circume stancts in his case, avyd censured-: hincrathtrp for--novt. eh.- tirely restrainiia g others.. thand for- doing any thing- illegal-! Was tei equasjusticep? Even.; if al had- Weir-guilty, -and- Ali tmsFlint, wno did. nothing butwhatb waso just ed in doiiig, atnd houn d to do, equally guilty. with the others, still, -to impose-the s.ame ptunlsbent on himnominally, and fancy-it was the sanme e sentl, was either the excess of weakness, or the result of d4W: sition forruelty antorevenge,- ::On that very a on- er,chl, was tried-h.beore fr.. Chetwynde-ofrioty-ree, id assault, f,. m very, aegravaed natuxel; and in that case hesentenced-one. nly of the defendants tothree nonthsinprotsonentaenad.hadlaboum--t; t^ x to two months, and two others to cinlyne month.: jI was eirefsfark; able fapt, tat the, businesse of. thi stafford nessions -beingtdivlded and ohefeloniesbein hich bd o ehe Co rt taerss anli peals In another, - - Chetyn ha-eos within the wsecolles. tion of Flint, pieCrsurt -till tb we,uday whlenhase w vas exct to ho?ae onva of exp n.and on. that, dayt and the day whien it,actuly s tried, he did. prkide tiq the plandc usually occupied by. aother.:. As soon-as 'sentens wls passe,th on rridaNv, the 17 th of dere Dor. Charles-Flnthe was co admitted tolth custody !r.rutton, ardconducted'gye h b to the countyexaon' There he o .tbpise sf ytrledth,o his cl0thes; and wlothediie-ag aol s-ones- n w aon coatse sdofh wasorered.--nstot,an tbeousenars opn a.dcolo s ary cobeakeorthedarty. cglouird gtockings, heavy woodeir clogs,- and'af capo -, The following1 clay he- was placed on. t he. trad-mjll4anicompelledlto.;Work with rodgesand vagabohdsw hor'wereresjected- to-its; .diciplineptf nSuthr dvY-hee s va3not compelled tou.work;buton.Morday, afterbeiig fot nacomm end-to the de1rrding-labourefthe wheelo he-as taker.: to another. yard,.and. asnociate awith bte worst w dem eaiption-of ifferul ers.. Atner , his-. companions werew-.taowe. nent-amed .Ingra and Jones, s enthencan4 for shockinag. ofFence.a.-lan namred- Wheeler, sentenced for 'an attempt to commite.s a rape-on- childosg an aUwe asmlpoda .o Pnra odeo h nc Wflaim.Gibson,. for an assault .-2wIth intenftio-commlit U-rape on thr..yoeng lady; btamesot thei for-.bu.glar,ftyftbdi Aaiti S5mith, for 'felony. While these mren were engEgedim.~spinnint-anc- Carding wool, hi and-his co-defendents&werei eployed.' in. tunrung A large fulli t nmilligh.a nolt odious And, dirsting, speciestoflour, especially ,whber direted as in his wascallowed mlk the foul cohsfoni :thc.bospi`Q, which had been-wormtbypersons afflicted with contagious ditei'es: - VNtres apeek"after. thi&' he way ena i. ployed bin trelatoiirof ti4en wooltlessnauseous, irIdeed, but still- intolerably w'earisoumo so a man of cultivateil mind: snd'to this ioi- was added the meockeryi pethe. sltockiog;enockery.of taking the- youNLg nmg, who, had reei ved-alibeaUeducationj -to th6 prisouit.o sClloql,.and2.compellig.bhim to selwrso w-slalsI'O the 10th- of i8nee fer-he wasto. in ordtret i toascend- the lwhel- he pleaded trLatT. ewas rlly ;unable- -and baeged. that ihe might be l examid illb tyh e surgeon tb fethis-wrefus wi uct atlength; t stolc] ana iro d harrmerpithatones were brousthih: fond- he wasordereda nto'the open airUpnc.eoldawetday-to- break them.: A' le oth Mr.e rugiser te surgeon, jeportd i -him unfit for , severe Ias- hour, and hewas removed fro t hi e iimyait,4 and emplayed ire caprding and sprinng for the-remainder ofbhis term,wexcept for three weeks when he was whoelly usnable to.-work. From-the' tiane of thi commitmeta til the 17th of November, hae-was wholly reinsed per mission to sreppcyhins, with or to receive any other food tha. n-thie prison clietoof bread imil water,..potatoes:.and,.salt,- with' warm lfflal. ashed water dan.. Afterwards he wasn allowed's --pint of milke in. stead of-the meal'and ater, andas br ifoilness incrresea, he wdth sepplied with aboUtI two ounces of tea and .a pouid of sugar; -and allowed a. -mall portion of animal food for 'the space of thre weeks; but about thef Ist:.of January- this ihdul' genco-of a, it aight be called-was withdmrwn, and he returned acgain to the gaol. det, except that le-was arlowed mik insted of meal- and water. w Jder. Justice bataLsy.hewDoes-i appear thatveis young Itan coim municated Ws treatment to the efuter.of -the pdpera? I ask, because I wish to-know whether-the articles were wuiten under toheafeelings -of irritation *hfcbt suchi -statements 'were calculated to awaken? - - -' - Dir. SCAA ,ETT,-4 cannot answer that, my Lrord-' but they are fousdedonthe memorial.presented.to;theSecretary- ofState..- - - llDr. Sergeant VuLDE..-.Tliey must have been commnitricated, for they are distincely referred - to- in,- the articles ebarged-as libellous; Mi%r.SCARLETT.....Yee,,thecy are;-aand those articles dobut faintly and languidly, I. will say., expreszi the"feelings which every-humane miind muist entertain in heariing -them. D ir.: Charles Flint- goes amn thus to describe-his food-:....- The-potatoas an4 salt,:which fonvcid one meal of the gaol-allowance, were always bronght into the workat room _f the prisoners of the'last clss, in aihich deponent was-- aso.. elated.for the last 10 weeks of his imprisonnient4 in -nets, -and'-dei- posited on the floor, aLnd there divided by-the prisoners- themselves, there belng rieither tables rior: 'convenience or that purpoiee.;atnd when so div3ded, siwchpriioners-wercin- the practice! and -under- the necessity of taking their pbitatoes in onebJand,:and; salt in thle other;" neither-trenchers, kni'ies, forks, nor any-other-utensiis;- being-fur nished themb." .And this -young mnan for weeks -could eat niothing but the potatoes afid bread and water; for his stomachi refused- the M.Cal andt water; wrhich iniglit be wholesome.irr itself, 'but- whes{ thus foollshl- 'rvindictively forged-on.a rman- acciistom~ed td6- vef diftrentfoo, itseasalm st o,isonnor could there be a.betterlre. ceiptfor -complsorystarvtjon - As r.-Scarlett was prceedri-ag be -ore onvuieittodefe th furhcrconsdertionf t e setill (o-morow (tis daY)HisLordshp-the left he Co rt-toattend Nothng f iters - afterwards occurred,: and the Conr t rose-at . LAr RRPPORr rfTTRT OF O1RTg.t PENC . NVEMkf?ST2T, Mtk? 46.' PROHIIBITIOM IN TRE MATTER Or THE UN,tTkBD FARISkLU! b OF ST. M1AItY ALDERMAlRY, AND ST.. THO,-AS APOSTLE.