The rumour of these wonderful occurrences soon spread all over the country, and people from far and near flocked to the haunted house of Tedworth, to believe or doubt, as their natures led them, but all filled with intense curiosity. It appears, too, that the fame of these events reached the royal ear, and that some gentlemen were sent by the King to investigate the circumstances, and draw up a report of what they saw or heard. Whether the royal commissioners were more sensible men than the neighbours of Mr. Mompesson, and required more clear and positive evidence than they, or whether the powers with which they were armed to punish anybody who might be found carrying on this deception frightened the evil-doers, is not certain; but Glanvil himself confesses, that all the time they were in the house the noises ceased, and nothing was heard or seen. “However,” says he, “as to the quiet of the house when the courtiers were there, the intermission may have been accidental, or perhaps the demon was not willing to give so public a testimony of those transactions which might possibly convince those who he had rather should continue in unbelief of his existence.”
As soon as the royal commissioners took their departure, the infernal drummer recommenced his antics, and hundreds of persons were daily present to hear and wonder. Mr. Mompesson’s servant was so fortunate as not only to hear, but to see this pertinacious demon; for it came and stood at the foot of his bed. The exact shape and proportion of it he could not discover; but “he saw a great body, with two red and glaring eyes, which, for some time, were fixed steadily on him, and at length disappeared.” Innumerable were the antics it played. Once it purred like a cat; beat the children’s legs black and blue; put a long spike into Mr. Mompesson’s bed, and a knife into his mother’s; filled the porringers with ashes; hid a Bible under the grate; and turned the money black in people’s pockets. “One night,” says Mr. Mompesson, “there were seven or eight of these devils in the shape of men, who, as soon as a gun was fired, would shuffle away into an arbour;” a circumstance which might have convinced Mr. Mompesson of the mortal nature of his persecutors, if he had not been of the number of those worse than blind, who shut their eyes, and refuse to see.
In the mean time, the drummer, the supposed cause of all the mischief, passed his time in Gloucester gaol, whither he had been committed as a rogue and a vagabond. Being visited one day by some person from the neighbourhood of Tedworth, he asked what was the news in Wiltshire, and whether people did not talk a great deal about a drumming in a gentleman’s house there? The visiter replied, that he heard of nothing else; upon which the drummer observed, “I have done it; I have thus plagued him! and he shall never be quiet until he hath made me satisfaction for taking away my drum.” No doubt the fellow, who seems to have been a gipsy, spoke the truth, and that the gang of which he was a member knew more about the noises at Mr. Mompesson’s house than anybody else. Upon these words, however, he was brought to trial at Salisbury for witchcraft; and, being found guilty, was sentenced to transportation; a sentence which, for its leniency, excited no little wonder in that age, when such an accusation, whether proved or not, generally insured the stake or the gibbet. Glanvil says, that the noises ceased immediately the drummer was sent beyond the seas; but that, somehow or other, he managed to return from transportation,—“by raising storms and affrighting the seamen, it was said;” when the disturbances were forthwith renewed, and continued at intervals for several years. It was believed by many at the time, that Mr. Mompesson himself was privy to the whole matter, and permitted and encouraged these tricks in his house for the sake of notoriety; but it seems more probable that the gipsies were the real delinquents, and that Mr. Mompesson was as much alarmed and bewildered as his credulous neighbours, whose excited imaginations conjured up no small portion of these stories,—
Many instances of a similar kind, during the seventeenth century, might be gleaned from Glanvil and other writers of that period; but they do not differ sufficiently from these to justify a detail of them.
ROBERT ASLETT,
CONDEMNED TO DEATH FOR EMBEZZLING PUBLIC PROPERTY.
MR. ASLETT had been in the employ of the Governor and Company of the Bank of England for about twenty-five years, and had conducted himself faithfully and meritoriously until he was induced, unfortunately, to speculate in the funds; when, in dereliction of that duty and fidelity which he owed to his employers, he subtracted immense sums from the property entrusted to his care.
In the year 1799, having gone through the necessary and regular gradations, he was appointed one of the cashiers. It was a part of the business of the Bank to purchase exchequer bills, to supply the exigencies of government; and the purchases were entrusted to the care of Mr. A. Newland; but on account of that gentleman’s growing infirmities, he having been fifty-eight years in the service of the Bank, the management was left wholly under the care and direction of Mr. Aslett. The purchases were made of Mr. Goldsmid, by the means of Mr. Templeman, a broker. It was usual to make out a bill in the name of the person from whom they were made, which was delivered to Mr. Aslett, to examine and enter in what is called the Bought-book, and he gave orders to the cashiers to reimburse the broker. The bills were afterwards deposited in a strong chest, kept in Mr. Newland’s room; and when they had increased in bulk by subsequent purchases, they were selected by Mr. Aslett, who tied them up in large bundles, and carried them to the parlour, that is to say, the room in which the Directors held their meetings, accompanied by one of the clerks, with the original book of entry, when the Directors in waiting received the envelope, and deposited it in the strong iron chest, which had three keys, and to which none but the Directors had access; and from which it could not be brought forth until the time of payment, unless by consent of at least two of the Directors. Therefore it was not possible for them to find their way into the hands of the public or the monied market, unless embezzled for that purpose. On the 26th of February, 1803, Mr. Aslett, according to the practice, made up three envelopes of exchequer bills, of 1000l. each bill; the first containing bills to the amount of 100,000l., the second 200,000l., and the third 400,000l.; making in the whole 700,000l. These were, or in fact ought to have been, carried into the parlour, and were signed as being received by two of the Directors, Messrs. Paget and Smith; but one of the bundles, namely, that containing the 200,000l. worth of bills, was withdrawn.
The confidence which the Governor and Company had placed in Mr. Aslett had enabled him to conceal the transaction from the 26th of February to the 9th of April; but on that day, in consequence of an application made by Mr. Bish, the whole was discovered. On the 16th of March, Mr. Aslett went to that gentleman, and requested he would purchase for him 50,000l. Consols, to which request no objection was made, provided he deposited the requisite securities. The fluctuation of the market at that time was six per cent., and Aslett, in order to cover any deficit, deposited with Mr. Bish three exchequer bills, Nos. 341, 1060, and 2694, which he knew had been previously deposited in the Bank. From some circumstances, and from his general knowledge of the whole of the business of the funds, Mr. Bish suspected all was not right, and he accordingly went to the Bank, where an investigation took place, at which Mr. B. Watson, one of the Directors, was present. Mr. Newland was sent for, and asked whether any of the exchequer bills could, by possibility, get into the market again from the Bank? To which he answered in the negative, observing that they were a dormant security. The same question was put to Mr. Aslett, and the same answer given by him. It was found necessary to tell him that the bills in question, which could be proved to have been in the Bank, had found their way into the money-market; and at the same time it was observed, that he had made purchases, to a large amount, of stock, with the bills: this was acknowledged by him; but he said he had done so for a friend, named Hosier, residing at the west end of the town; and he declared that they were not Bank property, nor to be found in the Bought-book. The Directors, however, were not satisfied on this point, and he was immediately secured. His trial was postponed to July, as it occurred to those employed in the prosecution that the bills in question had been issued with an informality in them, not having the signature of the Auditor of the Exchequer. They were aware of the objections that might be taken, and Parliament not then being sitting, it was thought advisable to postpone the trial, lest it might create an alarm in the money-market. The fact was no sooner known, than a bill was brought into Parliament for remedying those defects, and to render the bills valid.
On Friday, July 8, 1804, Mr. Aslett’s trial commenced. Mr. Garrow, on the part of the prosecution, stated the facts above mentioned; but when about to call witnesses to give evidence, Mr. Erskine insisted that the exchequer bills, which the prisoner stood charged with having stolen, were not good bills till the act of parliament had made them so, and consequently that they were pieces of waste paper when stolen. The Chief Baron Macdonald, Mr. Justice Rooke, and Mr. Justice Lawrence concurred, that the present indictment could not be maintained; and the jury were accordingly desired to acquit the prisoner.
He was afterwards, however, tried on nine other indictments, the evidence being the same, Mr. Garrow having applied to the Court to detain him in custody, it being, he said, the intention of the Bank Directors to issue a civil process against him for one hundred thousand pounds, and upwards, the moneys paid for the bills which he had converted to his own use.
Mr. Kirby at first hesitated to receive the prisoner, understanding he was acquitted; but was peremptorily desired by the Court to take him back.
Mr. Aslett was dressed in a lightish brown coat, his hair being full powdered. He appeared quite collected, but held down his head, never once looking up, except when the application was made to keep him in custody, when he expressed symptoms of great surprise, and looked very steadfastly at the Court.
On Saturday, September 17, Mr. Aslett was again brought to the bar of the Old Bailey, before Baron Chambre and Mr. Justice Le Blanc. The prisoner was attended by four or five gentlemen, who continued in the Dock during the whole time of the trial.
Three indictments were read, with two counts in each, charging the prisoner with secreting and embezzling three notes. The first indictment was, for that he, being an officer or servant of the Governor and Company of the Bank of England, had secreted and embezzled a certain piece of paper, partly written, and partly printed, being No. 835, purporting to be of the value of five hundred pounds; the second, 2694, for one thousand pounds; and the third, No. 6061, for one thousand pounds. One count in each stated them as securities, and the other as effects belonging to the said Governor and Company. There were other counts, diversifying the statement of the property in other forms, such as were deemed to come within the law.
Mr. Garrow stated the case at considerable length to the jury. There was one point, to which he called particular attention, and that was that the prisoner had been tried before, and acquitted of the offence of purloining exchequer bills to an immense amount; as it was then proved to the satisfaction of the learned judges on the bench, for whom he entertained the highest respect, that they were not actually such as might in law be termed exchequer bills, in consequence of their not having been signed as the act directs. The present indictments, however, stated them as papers purporting to be exchequer bills, which they evidently were on the face of them, and subdivided the charge, by stating them one time as securities, and at another time as effects belonging to the Company. This he had no doubt that the jury would be convinced of upon hearing them read; and it was an important duty which the Bank owed to the public, that they should not suffer so great a delinquent to escape the justice of the country, in consequence of any want of exertion on their part.
Mr. Erskine, in behalf of the prisoner, delivered a most animated address to the jury. He stated, that the former indictments against the gentleman at the bar had been objected to on grounds which were approved of by the learned judges who then sat upon the bench.—He was now brought up again to be tried for exactly the same offence, though differently stated; and he thought that the present proceeding was liable to the same objections which were then admitted to be valid by the bench; but he should oppose it on much stronger grounds. He then objected to the legality of Mr. Jenning’s signature, in the place of that of Lord Grenville, as Auditor of the Exchequer. That the same illegality in a criminal sense existed with respect to all bills issued at that time from the Exchequer, was manifest from the circumstance of the legislature having found it necessary to pass an act expressly for the purpose of making them legal in a civil view; and that act had a most humane proviso, which declared, in plain terms, that the act was to be considered to make the exchequer bills issued at that time valid only in a civil view, and was not to have any retrospective view to any criminal offence committed before the passing of that act. The learned gentleman stated, that as securities, they were nothing in law, for a person, at the time of their being passed, could not recover at law. As to the idea of calling them effects, he considered that, though the legislature had thought proper to pass an act for the protection of that company above all others, by passing what is generally termed the Bank Act, in consequence of the immense magnitude of that concern, yet effects must obviously mean the same as in a case of petty larceny would be considered as effects, that is something intrinsically valuable in themselves, without taking in or mixing in the mind the idea of their professed or avowed value. If that was not the case, a clerk who took away a loose half sheet of paper lying about the office, or a pen that was worn to the stump, came within the limits of the act, and would be liable to a prosecution for felony. If he did not know the highly respectable character which that Company supported, and the very great ability by which they were counselled, he should be induced to say that the prosecution of the gentleman at the bar a second time, for exactly the same offence of which he had been before acquitted by law, was vexatious; and he should declare, not only as a lawyer, but as a man, that they were rather inclined to be severe towards the prisoner, than that they should be thought in the least to relax from their duty, or from an idea of justice to the public. The articles stated in the indictments must either be really and bonâ fide exchequer bills, or else they were no securities; they were no effects in law; they were no more than pieces of waste paper, for the embezzlement of which he had never known a prosecution to be sustained at law. The generosity of government, or the justice of the country, could not at that time pay a single farthing for them; the strings of the national purse were only to be drawn by the consent of the legislature, and at that time there was no such consent obtained; the articles in the indictment were at that time nothing but so many pieces of waste, printed, and written paper, which had not been called into existence as anything of valuable property, as any effects belonging to the Bank which had obtained the sanction of Parliament; they had not been animated by the breath of the legislature. The learned gentleman then quoted several cases from the Reports, showing that chattels or effects must be something valuable intrinsically in themselves; and said that it was his firm belief that the learned judges at present on the bench would deliver an opinion similar in effect to that which had already been delivered by the learned judges sitting on that bench at the time of Mr. Aslett’s former trial: he believed that they would find themselves in the same situation, and instruct the jury to find a verdict for the acquittal of that gentleman without hearing any evidence upon the case; as in his opinion it was not such as could be supported in law.
Mr. Serjeant Best followed on the same side, and the Court determined to reserve the point for consideration. Evidence was then given in proof of the facts stated at the beginning of this article, and the jury returned a verdict of Guilty.
Mr. Aslett betrayed neither a symptom of fear, nor levity, but seemed to pay the greatest attention to everything that passed, and conducted himself with a becoming firmness throughout the whole of the trial. When the verdict was pronounced, there was a great buz in the Court: Mr. Aslett waited for about two minutes, then bowed to the Court, and withdrew, accompanied by his friends.
On February 16, 1804, Mr. Aslett was brought to the bar to receive his sentence, when Mr. Baron Hothan addressed him as follows:—
“Robert Aslett, you were tried and convicted in this Court, in the September sessions, 1803, for embezzling effects belonging to the Governor and Company of the Bank of England, you being an officer and servant of that Bank, and, as such, entrusted with their property. It was argued by your counsel, that the bills were not valid or legal bills, having been signed by a person not properly authorised by Lord Grenville, though they had been issued as good, and paid as such. On this indictment you have been lawfully convicted by a jury of your countrymen; but judgment has been suspended till the opinion of the twelve judges of England was taken on this important case, in order to ascertain whether these bills were good, according to the statute 15 Geo. II. Eleven of these judges were of opinion that some of the objections, so ably argued by your counsel, should be sustained; they have since held various conferences, which produced various different opinions; and it is now my duty to communicate to you the result of their investigation. Several points were urged in your favour, upon all of which, however except one, the Judges have given their decision against you. The only material question for consideration was, whether or not these bills fall within the meaning of the statute 15 Geo. II., and can be denominated effects according to that act. On this point, indeed, the judges were not unanimous, but the majority are of opinion that they are effects and securities within the true meaning of the act. The great object of the legislature was to add security and administer protection to the Bank of England. The immense national concerns with which it was and still is entrusted, called upon the legislature for particular provisions in its favour. The principles of legislation must now be applied to the object under contemplation; and the view we take of any code of laws must be more comprehensive when it concerns so materially such a large incorporated body, than when it only relates to private individuals. Considering this law then in the enlarged and liberal view on which it was framed by the legislature (at the same time that all the judges disclaim any wish to strain any part of it where it is so penal,) the recollection of the enormous weight of exchequer bills, in which the public were so deeply and materially concerned, cannot fail to occur to every mind. That these bills had become the fair and valuable property of the Bank was allowed on all hands; but still it was argued that they were not such securities as fell within the true meaning of the Act of Parliament, because they were not of any positive or intrinsic value. Now, whatever shall be deposited with the Bank, was expressly guarded by the words of the act; and although the bills in question be of no descriptive legal value, yet they carry about them such a consequence at least as may make their preservation of the utmost importance to the Bank. In that view, therefore, they surely have their value. They are at least valuable papers, whatever they may be called, and the holders of them have them as such, having paid for them the value which they respectively import. They are therefore to be included in the true meaning of the word securities, which may be in the end available to any person who may be possessed of them.”
The conviction was therefore determined to be good, and on the following Monday, 20th February, 1804, this unfortunate man received sentence of death. This punishment was, however, subsequently commuted to transportation.
SAMUEL WILD MITCHELL.
EXECUTED FOR MURDER.
THIS wretched man was hanged for the murder of his daughter, Sarah Mitchell, a girl about twelve years of age. He was a spinner living in Spitalfields, and he had brought the girl up as an apprentice to his trade. It would appear that frequent disputes took place between him and his wife, in consequence of which he became subject to frequent violent bursts of passion. It was on the occasion of his having excited himself to a degree of rage amounting to madness, that he committed the crime for which he was hanged. The girl was sitting at her work, when her father came into the room, and suddenly attacking her, cut her throat through the windpipe with a razor, which he held in his hand. He immediately afterwards ran from the house, but was apprehended subsequently on the same evening, when he made a full confession of his crime. On his trial, which took place at the Old Bailey on the 11th of January, 1805, he presented a miserable aspect. Almost bereft of reason by the dreadful deed which he had committed, he seemed for some time unconscious of what was passing around him. His hair was grey, and his head was covered with an old miserable nightcap.
Evidence as to the fact of the murder was adduced, and the prisoner’s confession was also read. He said—“I had a daughter named Sally, and my wife had a daughter named Elizabeth, who at one time did live with me, but whom I afterwards took to my apartment, where I instructed her in the art of weaving, and we lived all together: this said daughter of my wife’s caused some uneasiness, as I thought; and I thought my wife was more indulgent of her faults, and favoured her more than she ought, which was the reason of our separation on the 17th of December last; my wife also took with her Sarah Mitchell, whom I loved with the most ardent affection, which vexed me a great deal, as I saw there would be a continual dispute. I could not bear the little girl coming to see me, as coming on a visit. I resolved that neither my wife nor me should possess her. I seized the moment of the mother going away; the child was sitting by the fire winding quills. I took the razor from the drawer; my affection made me almost lay it down again, but my resolution overcame that. I turned round, and cut her throat. I was too resolute to make a faint attempt; the child was dead in a moment; she neither made noise nor resistance. When I had done the deed, the child fell. As I went out, I saw her blood; then I ran down stairs. After this act was done to my child, Sarah Mitchell, I went to a man named Bell, where I had lived, and left word for him to run and secure my master’s work; then I went to Mr. Dellafour, and my friends at Wapping.”
The prisoner, on his being called on for his defence, at once admitted that he was guilty of the crime imputed to him, but declared that he was led on to its commission by a mind which had been deranged by the frequent quarrels which he had with his wife.
The jury having found him guilty, the prisoner was asked what he had to say for himself, why sentence of death should not be passed according to law? He distinctly replied, “I have nothing to say.”
The awful sentence, that he was to be hanged on the succeeding Monday, and his body afterwards dissected and anatomized, was immediately pronounced by the recorder; which the prisoner heard without any visible emotion. The court was crowded in almost every part, and particularly with ladies; and not only the women, but even the jury, the counsel, and nearly all present, were melted into tears. During the whole trial the prisoner appeared calm, but not insensible. He was very attentive to the evidence, and appeared frequently to utter a low ejaculation.
On the morning after his trial, this unhappy man expressed a desire to see his wife, that they might exchange forgiveness. The day following (Sunday) she came to visit him in Newgate, but was so ill that she was obliged to be conveyed in a hackney-coach, supported between two friends. As soon as the distressing interview was over, he applied himself devoutly to prayer, in which he continued nearly the whole of the day. On that day he was extremely solicitous to obtain Dr. Ford’s promise to publish to the world that he died in the faith of the Church of England; as it had been generally understood that he belonged to the sect denominated Methodists. At half-past six o’clock on Monday morning Mitchell’s cell was unlocked, and the Ordinary attended him to the chapel to prayers; which being concluded, he returned to the Press-yard, and there walked for some time, holding two friends by the arms; meanwhile his mind was occupied with his unhappy situation; and he begged of all around him to pray with him. The unhappy man blessed the memory of his murdered child, and trusted the sacrifice he was about to make would, in some degree, expiate his crime in heaven, which he did not despair to see.
His last petition was to the sheriffs, to request that, after the surgeons had practised upon his body, his mangled remains might be given to his daughter, for burial; which request the sheriffs promised should be complied with.
The wretched being seemed to attend with much earnestness and fervour to the clergyman, and he was seen to clasp his hands together the instant the rope was fixed. After the drop fell he appeared to feel great pain, as he swung round twice, which was occasioned by the violence of the convulsive struggles he sustained.
He suffered before Newgate, January the 14th 1805, and, after hanging the usual time, was taken to St. Bartholomew’s hospital for dissection.
RICHARD HAYWOOD.
EXECUTED FOR ROBBERY.
THE termination of the career of this criminal exhibited him to be a man of the most depraved and diabolical disposition.
He was indicted for having stolen two pillows and two bolsters, value 10s., the property of Richard Crabtree, and also for cutting Benjamin Chantrey with a certain sharp instrument, in order to prevent his apprehension.
It appears that some suspicions being entertained of an intention to rob Mr. Crabtree’s house, which was left unoccupied, although furnished. Miss Jenkins the cousin of that gentleman, and a Mrs. Wilson, determined to watch it, and they accordingly took their station in the house of a Mr. Wilkinson, situated directly opposite to it, in Thayer-street, Manchester-square. They had not been long on the look-out, before they saw two men enter it, having opened the door with a key. Mrs. Wilson, in consequence, went and knocked at the door, on which the two men ran out, and one running to the left made his escape, while the other (the prisoner) made a blow at Mrs. Wilson, and ran to the right. He was afterwards pursued by a Mr. Holford, and on Mr. Chantrey stepping out from his own house to seize him, he struck him a violent blow on the head with an iron crowbar. He was eventually secured, and it was then found, that the articles mentioned in the indictment had been removed ready to be carried off.
After conviction, the prisoner behaved with shocking depravity, seeming to exult in his guilt, and regretting he had not done a deed more deserving of death. It was his constant boast that he would, on the scaffold, surpass the notorious Avershaw in evincing his contempt for life; and he constantly endeavoured to instil into the mind of his fellow-sufferer those diabolical principles which he had imbibed himself.
His fellow-sufferer was John Tennant, who had lived as footman with Robert Shaw, Esq. a solicitor, in New Bridge-street, Blackfriars; but, inflated with the ambition of keeping a public-house, he quitted his service, and obtained the command of a tap in Little Suffolk-street, Dirty-lane, behind the King’s Bench Prison. Finding his golden prospects in a public-house, in a great measure, delusive, he determined on robbing his late master, Mr. Shaw; and, being well acquainted with his house, broke open his money-drawers, and stole to the amount of more than five thousand pounds in cash, bank-notes, and other property. With such a prize such a man could not long remain unsuspected, and he was soon detected in passing some of the stolen notes. The relentless Haywood corrupted the mind of Tennant, and, in the condemned cells, stimulated him to follow his horrid example. They uttered the most blasphemous expressions, and sang lewd songs during the whole time they ought to have been employed in making their peace with offended Heaven.
When the keeper went to warn them of their approaching execution, they behaved in so riotous a manner, that it was necessary to secure them with irons to the floor. Haywood, who was supposed to have procured a knife from his wife, while she was permitted to see him, rushed upon the keeper, and would have stabbed him with it if he had not left the cell. They uttered the most horrid imprecations; and, after declaring, in cant terms, that they would die game, threatened to murder the Ordinary if he attempted to visit them. Their behaviour, in other respects, was so abandoned, that the necessary attendants were deterred from further interference, and left them to the dreadful fate which awaited them.
When the time for quitting the court-yard arrived, Haywood called to a friend, who was present, to deliver him a bundle he had in his hand, out of which he took an old jacket, and a pair of old shoes, and put them on. “Thus,” said he, “will I defeat the prophecies of my enemies: they have often said I would die in my coat and shoes, and I am determined to die in neither.” Being told it was time to be conducted to the scaffold, he cheerfully attended the summons, having first eaten some bread and cheese, and drunk a quantity of coffee. Before, however, he departed, he called out in a loud voice to the prisoners, who were looking through the upper windows at him, “Farewell, my lads; I am just going off: God bless you.”—“We are sorry for you,” replied the prisoners. “I want none of your pity,” rejoined Haywood; “keep your snivelling till it be your own turn.” Immediately on his arrival upon the scaffold, in a loud laugh, he gave the mob three cheers, introducing each with a “Hip, ho!” While the cord was preparing, he continued hallooing to the mob, “How are you?—Well, here goes.” It was found necessary, before the usual time, to put the cap over his eyes, besides a silk handkerchief, by way of bandage, that his attention might be entirely abstracted from the spectators.
At the suggestion of Mr. Holdsworth, however, Tennant made some alteration in his conduct. This officer, finding his advice attended to in this instance, entreated him no longer to follow the evil counsel of Haywood, but to employ the few moments he had left in a Christian-like manner. Tennant shed tears, showed some contrition, and suffered the Ordinary to attend him to the scaffold. Dr. Ford continued in prayer with him; and, though he did not join with, yet he listened to him attentively. He came on the platform with great resolution, but did not then follow the daring and abandoned example of his companion: he was cleanly dressed, and observed a suitable propriety of conduct; he shook hands with Haywood; and, just as the noose was placed round his neck, he emphatically exclaimed, “Lord, have mercy upon me!” Haywood uttered some words in reply, which were not perfectly understood, but were supposed to be said to Tennant by way of reproach. He then gave another halloo, and kicked off his shoes among the spectators, many of whom were deeply affected at the obduracy of his conduct. Soon afterwards the platform dropped. They suffered on the 30th of April 1805.
HENRY PERFECT.
TRANSPORTED FOR FRAUD.
HENRY PERFECT was a person who, by means of the most specious pretences and ingenious frauds, succeeded in levying very large contributions on the public. Instances of fellows devoid of principle pursuing similar plans of imposture have been but too frequent of late years, but the system, which was for a long time so successful, of writing begging letters, has been now almost entirely put an end to, by the praiseworthy exertions of the officers of that very respectable institution the Mendicity Society, the object of which is at once to relieve the necessitous, and to protect the public from imposition.
The case of this person may be taken as a very fair instance of the degree of ingenuity exercised by individuals resorting to similar artifices as the means of gulling the humane.
Perfect was a man of respectable parentage, and of excellent abilities. His father was a clergyman living in Leicestershire, and our hero, at the completion of his education, entered the army as a lieutenant in the 69th regiment of foot. He was twice married, and received a handsome property with each of his wives; but their estates being held during life only, upon the demise of his second helpmate he was thrown upon his own resources. His commission had long since been disposed of, and he determined to endeavour to procure contributions by writing letters to persons of known charitable dispositions, setting forth fictitious details of distress. In the course of his numerous impositions, he assumed the various and imaginary characters of the Rev. Mr. Paul, the Rev. Daniel Bennett, Mrs. Grant, Mrs. Smith, and others, but at last he was detected in an attempt to procure money from the Earl of Clarendon, whom he addressed in a letter signed “H. Grant.”
He was indicted at the Middlesex sessions for this offence; and his trial, which came on at Hicks’ Hall, on the 27th of October 1804, occupied the whole day.
It then appeared that the Earl of Clarendon being at his seat at Wade’s Mill, Hertfordshire, in the previous month of July, he received a letter, purporting to be from Mrs. Grant, which stated in substance:—
That the writer having heard from a lady, whose name she was not at liberty to reveal, the most charming character of his lordship for kindness and benevolence, she was induced to lay before him a statement of her distressed circumstances. The supposed lady then detailed her case, which was, that she was a native of Jamaica, of affluent and respectable family; that a young man, a Scotchman, and surgeon’s mate to a man-of-war, was introduced at her father’s house, who so far ingratiated himself with her father, that he seriously recommended him to her for her husband. She did not like him, because he was proud, and for ever vaunting of his high family; but as her father’s will had always been a law, she acquiesced on condition that he would live at Jamaica. They were accordingly married, and her father gave him one thousand pounds. He, however, soon became discontented with remaining at Jamaica, and continually importuned her to go with him to Scotland; and as her friends joined in the solicitation, she consented. She had now been six months in England; but her husband had always evaded going to Scotland, and had left her whenever she spoke upon the subject. In short he had gamed, drunk, and committed every excess; and within the last six weeks he had died in a rapid decline, leaving her a widow, with two children, and hourly expecting to be delivered of a third. She was not twenty-three years of age, and never knew want till now; but she was left without a shilling to support herself and miserable children: she owed for her husband’s funeral, and the apothecary’s bill, for which she was afraid of being arrested. To avoid this she was going to seek shelter with a poor widow in Essex; and if his lordship would write to her at the post-office at Harlow, she would, if brought to bed in the meanwhile, get some safe person to go for the letter.
His lordship’s answer evinced the benevolence of his heart. He expressed his readiness to alleviate her distress, but justly observed that her tale ought to be authenticated by something more than the recital of a perfect stranger. He desired to know who the lady was who had recommended the application to him, and assured the writer she need not conceal her, for that he considered it was doing him a great kindness to afford him the means of rendering service to the necessitous. On the 14th of July his lordship received a note nearly as follows:—
Mrs. Smith, widow of Captain Smith, begged leave to inform Lord Clarendon that Mrs. Grant was brought to bed. It was she who recommended Mrs. Grant to Lord Clarendon: while her husband was living, she had frequently been with him on the recruiting service in Hertfordshire, where she had heard of the benevolent character of his lordship. She added, that Captain Smith, when in Jamaica, had frequently visited Mrs. Grant’s father, who was a person of great wealth; that she had herself done more than she could afford for an amiable and unfortunate young woman. She had no doubt but that as soon as her letter should reach Jamaica, Mrs. Grant’s father would send her abundant relief; but till then she might, without the friendship of some individual, be totally lost.
In consequence of this last note, his lordship returned an answer, and enclosed a draft for five guineas, offering at the same time to write to any person at Harlow who might be of assistance to her, particularly to any medical person. On July the 23rd the supposed Mrs. Grant wrote again to his lordship, acknowledging the receipt of the five guineas, and stating that she had the offer of a passage home: but she said that she wished to see his lordship, to return her grateful thanks for his kindness. At the same time she was extremely delicate, lest their meeting should be misconstrued by a malignant world, and entreated that it might take place a little distance from town. The answer to this letter she begged might be addressed to A. B. C. at George’s Coffee-house, to which place she would send for it. His lordship at her request, wrote an answer, and appointed the Bell Inn, at Kilburn. Before the arrival of the day of meeting, however, his lordship received another letter from Mrs. Grant, stating that ever since she came to town, she had met nothing but trouble. Her last child had died, and she was seized with a milk-fever; that she had twelve shillings left of his lordship’s, and Mrs. Smith’s bounty, when she came to town; that she was afraid of coming further than Whitechapel, lest her creditors might arrest her; and she concluded with the request of the loan of five pounds, to be inclosed in a note addressed to Mr. Paul, to be left at the Saracen’s Head Inn, Aldgate. His lordship, in reply to this note, sent the money requested, and with great humanity condoled on her supposed situation. He then proposed to take her into the country, where she might live quiet, and free of expense, until she heard from her friends. The next letter introduced another actor on the stage. It came from the Rev. H. Paul. Mr. Paul, at the desire of Mrs. Grant, (then said to be delirious,) acknowledged the receipt of the five pounds. He would write again, and say anything Mrs. Grant might dictate in a lucid interval. He begged his answer might be left at the Chapter Coffee-house. His lordship accordingly wrote to the Rev. H. Paul, with particular inquiries after the state of Mrs. Grant, and proposed to send the proper medical assistance. The Rev. Mr. Paul replied to this letter, and stated the description of Mrs. Grant’s complaint, which was of a delicate nature. He then stated the high notions of Mrs. Grant, who would not condescend to see any person from his lordship in her present wretched state; and added that she thought her situation such, that it was not delicate to admit any one to see her but those absolutely necessary. Mr. Paul therefore had promised, he said, not to divulge her residence; but declared that in her lucid intervals, Mrs. Grant expressed the utmost anxiety to be enabled to thank her benefactor.
This correspondence produced a meeting between the supposed Rev. H. Paul and his lordship, which took place at the Bell Inn, at Kilburn, on the 8th of August. The prisoner then introduced himself to his lordship as the Rev. Henry Paul. They entered into conversation on the subject of Mrs. Grant, when his lordship asked every question as to her situation, with a view to alleviate it. Mr. Paul said he had not seen her distinctly, for the curtains were closed round her; but the opium had had an effect which he had known it frequently to produce: it had given her eyes more than usual brilliancy: with respect to her lodging, it was a very small room. The woman who attended her seemed a good sort of a woman enough, and she was also attended by a surgeon or apothecary. As Mr. Paul seemed to be a man of respectability, his lordship asked him at what seminary he had been brought up: the prisoner replied he had been educated at Westminster and Oxford, and had the living of St. Kitt’s, in Jamaica, worth about 700l. per annum; that he had property in Ireland, and was going to America on private business. To his lordship’s question how he was so fortunate as to meet this young woman, he said it was by an accident, that quite looked like a romance.—He was coming to town in the Ongar stage, in which were a young woman, two children, and a lady, all in mourning. He entered into conversation with the lady, and was surprised to find her the daughter of a person at whose house, in Jamaica, he had himself been frequently received with kindness. Although his business pressed, he determined to stay and afford her some assistance. He then stated that he had that day given her a 2l. note, which his lordship, at this interview, returned (being the note on which the indictment was founded). He added, that Mrs. Grant’s father was extremely affluent, and he should not wonder if he was to remit 500l. at the first intelligence of his daughter’s situation. His lordship in his evidence said, that he seemed to express himself in language of the purest truth and benevolence; and as he appeared a well-educated gentleman, who had seen the world, he had no suspicion of any fraud.
After this interview a correspondence took place between the pretended clergyman and his lordship, in which the former stated the progression of the patient, Mrs. Grant, towards convalescence, and at her desire requested that linen, poultry, fruit, and wine, might be forwarded, all of which were supplied by the bounty of the noble lord.
At length Mrs. Grant was sufficiently recovered to be able to write to his lordship, and in her letter she expressed her unbounded thanks for the benevolence which she had experienced at his hands, and remarked that but for the friendly introduction of the Rev. Mr. Paul, she believed that she would have been lost. She then went on to say, that although she had been ordered by her medical attendant to keep herself perfectly quiet, yet she could not resist the temptation of sitting up in bed to write to her benefactor, whom she hoped to be able shortly to thank personally for his numerous kindnesses.
The last letter from Mr. Paul was dated August 23. He acknowledged the receipt of 6l. 2s. which had been expended for Mrs. Grant; and informed his lordship that the sheets which had been last sent, had, by some accident, been near brimstone, which affected Mrs. Grant very much; that her situation required fine old linen, if his lordship had any such. He apologized, if there should be any inaccuracy in his letter, because he had a head-ache and some degree of fever.
The farce now began to draw to its conclusion. His lordship received another letter from Mrs. Grant, dated Saturday, September 1st, in which the supposed lady said:—
“Last Saturday, her father’s sister came to town, and found her out. She was a sour old lady, a man-hater, and snarled at the whole sex. She had taken Mrs. G. into the country with her, although she was removed at the peril of her life. The lady she was with was nearly as bad as her aunt; but, as the latter was going out for a few days, her Argus would let her come to town, which would enable her to meet his lordship. As her ill-tempered aunt had given her neither money nor clothes, she begged 4l. of his lordship. If this opportunity was lost, she should never be able to see him, as her aunt was a vigilant woman, and hated the men so much, that at the first entrance into her room, finding the Rev. Mr. Paul there, she most grossly affronted him. She could not have any letter addressed in her own name lest it should fall into the hands of her aunt, and therefore begged his lordship to direct to Mrs. Harriet, Post-office, Waltham.”
His lordship, in his answer to this letter, expressed some suspicions that he had been duped; in answer to which Mrs. Grant thanked Lord Clarendon for his favours, and declared that she was sorry to think he should conceive himself duped, but he would find his mistake when she got home to the West Indies. In a postscript, she added—“That best of men, Mr. Paul, died suddenly on Saturday last.”
This closed the intercourse between his lordship and his correspondents, Mrs. Grant and Mr. Paul. Soon afterwards, however, he received another letter from a Rev. Mr. Bennett, setting forth a deplorable tale of misery; but his suspicions being awakened, he employed his steward to trace the supposed Rev. Mr. Bennett, when it turned out to be the prisoner at the bar, who had imposed himself on his lordship as the Rev. Mr. Paul, that “best of men,” whom Mrs. Grant stated to have “died suddenly.” His lodgings being searched, a book was found in his own handwriting, giving an account of money received, (by which it appeared that he had plundered the public to the amount of four hundred and eighty-eight pounds within two years,) with a list of the donors’ names, among whom were, the Duchess of Beaufort, Lord Willoughby de Broke, Lord Lyttleton, Lady Howard, Lady Mary Duncan, Bishops of London, Salisbury, and Durham, Earls of Kingston and Radnor, Lord C. Spencer, Hon. Mrs. Fox, &c. &c.
Other memoranda were also found, which showed that the prisoner had reduced his mode of proceeding to a perfect system, notes being taken of the style of handwriting which he assumed, under his different names, and of the description of sealing-wax, wafer, and paper, used in his letters.
The jury found the prisoner guilty, and the Court immediately sentenced him to seven years’ transportation. He was sent to Botany Bay in April 1805.
Frequent convictions of a similar character have taken place, but it is to be hoped, that if the exertions of the police have not been fully successful in putting a stop to the system, the public, at least, have been so far put upon their guard, as that they will not submit to be duped, but that they will first inquire into and ascertain the real claims of the applicants before they extend their charity to them.
THOMAS PICTON, ESQ.
INDICTED FOR APPLYING THE TORTURE TO LOUISA CALDERON, TO EXTORT A CONFESSION.
THE cruelty of the application of the torture to extort confession, cannot but be universally admitted in the present enlightened age. The following remarks of the French philosopher Voltaire admirably illustrate this feeling, and serve well to introduce the case of Governor Picton:—
“All mankind being exposed to the attempts of violence and perfidy,” says he, “detest the crimes of which they may possibly be the victims; all desire that the principal offender and his accomplices may be punished; nevertheless, there is a natural compassion in the human heart, which makes all men detest the cruelty of torturing the accused into confession. The law has not condemned them; and yet, though uncertain of the crime, you inflict a punishment more horrible than that which they are to suffer when their guilt is confirmed. ‘Possibly thou mayest be innocent; but I will torture thee that I may be satisfied; not that I intend to make thee any recompense for the thousand deaths which I have made thee suffer in lieu of that which is preparing for thee.’ Who does not shudder at the idea? St. Augustin opposed such cruelty. The Romans tortured their slaves only; and Quintilian, recollecting that they were men, reproved the Romans for such want of humanity.”
The defendant, Thomas Picton, Esq. was indicted for putting to the torture a female, Louisa Calderon, one of his majesty’s subjects in the island of Trinidad in the West Indies, in order to extort confession.
Mr. Garrow stated the case for the prosecution; and, whilst he expressed the strongest desire to bring to condign punishment the perpetrator of an offence so flagrant as that charged upon the defendant, yet much more happy would he be to find that there was no ground upon which the charge could be supported, and that the British character was not stained by the adoption of so cruel a measure. The island of Trinidad, he said, surrendered to Sir Ralph Abercrombie in the year 1797; and he entered into a stipulation, by which he conceded to the inhabitants the continuance of their laws, and appointed a new governor, until his majesty’s pleasure should be known, or, in other words, until the king should extend to this new acquisition to his empire all the sacred privileges of the laws of England. He had the authority of the defendant himself for stating, that the system of jurisprudence adopted under the Spanish monarch, for his colonial establishments, was benignant, and adapted to the protection of the subject, previous to the surrender of this island to the British arms.
In December 1801, when this crime was perpetrated, Louisa Calderon was of the tender age of ten or eleven years. At that early period she had been induced to live with a person named Pedro Ruiz, as his mistress; and although it appeared to them very singular that she should sustain such a situation at that time of life, yet it was a fact, that in that climate, women often became mothers at twelve years old, and were in a state of concubinage, if, from their condition, they could not form a more honourable connexion. While she lived with Ruiz, she was engaged in an intrigue with Carlos Gonzalez, the pretended friend of the former, who robbed him of a quantity of dollars. Gonzalez was apprehended, and she also, as some suspicion fell upon her, in consequence of the affair, was taken into custody. She was taken before the justice, and, in his presence, she denied having any concern in the business. The magistrate felt that his powers were at an end; and whether the object of her denial were to protect herself, or her friend, was not material. The extent of his authority being thus limited, the officer of justice resorted to General Picton; and he had now to produce, in the handwriting of the defendant, this bloody sentence:—“Inflict the torture upon Louisa Calderon.” There was no delay in proceeding to its execution. The girl was informed in the jail, that, if she did not confess, she would be subjected to the torture; that under this process she might probably lose her limbs or her life; but the calamity would be on her own head, for, if she would confess, she would not be required to endure it. While her mind was in the state of agitation this notice produced, her fears were aggravated by the introduction of two or three negresses into her prison, who were to suffer under the same experiment for witchcraft, and as a means of extorting confession. In this situation of alarm and horror, the young woman persisted in her innocence: and a punishment was inflicted, improperly called picketing. That was a military punishment, perfectly distinct in its nature. This was not picketing, but the torture. It was true, the soldier, exposed to this, did stand with his foot on a picket, or sharp piece of wood; but, in mercy to him, a means of reposing was afforded, on the rotundus major, or interior of the arm. Her position might be easily described. The great toe was lodged upon a sharp piece of wood, while the opposite wrist was suspended in a pulley, and the other hand and foot were lashed together. Another time the horrid ceremony was repeated, with this difference, that her feet were changed.
[The learned counsel here produced a drawing in water-colours, in which the situation of the sufferer, and the magistrate, executioner, and secretary, was described. He then proceeded]:—
“It appeared to him, that the case, on the part of the prosecution, would be complete when these facts were established in evidence; but he was to be told, that though the highest authority in this country could not practise this on the humblest individual, yet that, by the laws of Spain, it could be perpetrated in the island of Trinidad. He would venture to assert, that if it were written in characters impossible to be misunderstood, that if it were the acknowledged law of Trinidad, it could be no justification of a British governor. Nothing could vindicate such a person, but the law of imperious necessity, to which all must submit. It was his duty to impress upon the minds of the people of that colony, the great advantages they would derive from the benign influence of British jurisprudence; and that in consequence of being received within the pale of this government, torture would be for ever banished from the island. It was not sufficient for him, therefore, to establish this sort of apology; it was required of him to show, that he complied with the institutions, under circumstances of irresistible necessity. This governor ought to have been aware that the torture was not known in England; and that it never would be, never could be tolerated in this country.
“The trial by rack was utterly unknown to the law of England, though once, when the Dukes of Exeter and Suffolk, and other ministers of Henry VI. had laid a design to introduce the civil law into this kingdom, as the rule of government, for a beginning thereof they erected a rack for torture, which was called in derision the Duke of Exeter’s daughter, and still remained in the Tower of London, where it was occasionally used as an engine of state, not of law, more than once in the reign of Queen Elizabeth. But when, upon the assassination of Villiers, Duke of Buckingham, by Felton, it was proposed in the Privy Council to put the assassin to the rack, in order to discover his accomplices, the judges, being consulted, declared unanimously, to their own honour, and the honour of the English law, that no such proceeding was allowable by the laws of England.
“Such was the effect of the observations of the elegant and learned author of the Commentaries of the Law of England on this subject; and as the strongest method of showing the horror of the practice, he gave this question in the form of an arithmetical problem:—‘The strength of the muscles and the sensibility of the nerves being given, it was required to know what degree of pain would be necessary to make any particular individual confess his guilt.’
“But what were they to say to this man, who, so far from having found torture in practice under the former governors, had attached to himself all the infamy of having invented this instrument of cruelty? Like the Duke of Exeter’s Daughter, it never had existence until the defendant cursed the island with its production. He had incontestible evidence to show this ingenuity of tyranny in a British governor; and the moment he produced the sanguinary order, the man was left absolutely without defence. The date of this transaction was removed at some distance. It was directed that a commission should conduct the affairs of the government, and among the persons appointed to this important situation was Colonel Fullarton. In the exercise of his duties in that situation, he attained the knowledge of these facts; and with this information he thought it incumbent on him to bring this defendant before the jury; and with the defendant the victim of this enormity would also be produced.”
Louisa Calderon was then called. She appeared about eighteen years of age, of a very interesting countenance, being a Mulatto or Creole, and of a very genteel appearance. She was dressed in white, with a turban of white muslin, tied on in the custom of the country. Her person was slender and graceful. She spoke English but very indifferently; and was examined by Mr. Adam, through the medium of a Spanish interpreter.
She deposed that she resided in the island of Trinidad in the year 1798; and lived in the house of Don Pedro Ruiz, and remembered the robbery. She and her mother were taken up on suspicion, and brought before Governor Picton, who committed them to prison, under the escort of three soldiers. She was put into close confinement; and before she was taken there the governor said, “If she did not confess who had stolen the money, the hangman would have to deal with her.”
She was afterwards carried to the room where the torture was prepared. Her left hand was tied up to the ceiling by a rope, with a pulley; her right hand was tied behind, so that her right foot and hand came in contact, while the extremity of her left foot rested on the wooden spike. A drawing representing the exact situation, with the negro holding the rope by which she was suspended, was then shown to her; when she gave a shudder, expressive of horror, which nothing but the most painful recollection of her situation could have excited; on which Mr. Garrow expressed his concern that his Lordship was not in a position to witness this accidental, but conclusive, evidence of the fact.
The remainder of the witness’s evidence corroborated the statement of Mr. Garrow. She remained upon the spike three quarters of an hour, and the next day twenty-two minutes. She swooned away each time before she was taken down, and was then put into irons, called the “grillos,” which were long pieces of iron, with two rings for the feet, fastened to the wall, and in this situation she remained during eight months. The effect produced by the torture was excruciating pain; her wrists and ankles were much swollen, and the former bore the marks of the barbarity employed towards her to the present day.
Don Rafael Shandoz, an alguazil in the island, bore testimony to his having seen the girl immediately after the application of the torture. The apartment, in which she was afterwards confined, was like a garret, with sloping sides, and the grillos were so placed that, by the lowness of the room, she could by no means raise herself up, during the eight months of her confinement. There was no advocate appointed to attend on her behalf, and no surgeon to assist her. No one but a negro, belonging to Ballot, the gaoler, to pull the rope. The witness had been four or five
years in the post of alguazil. He never knew the torture inflicted in the island, until the arrival of the defendant. There had been before no instrument for the purpose. The first he saw was in the barracks among the soldiers. Before Louisa Calderon, the instrument had been introduced into the gaol perhaps about six months. The first person he saw tortured in Trinidad was by direction of the defendant, who said to the gaoler, “Go and fetch the black man to the picket-guard, and put him to the torture.” After the eight months’ confinement, both Carlos and Louisa were discharged.
The order for the application of the torture, in the following words—“Applicase la question a Louisa Calderon”—(Apply the torture to Louisa Calderon)—was then proved to be in the handwriting of the defendant; and the suggestion of the alcade Beggerat, before whom the girl had been examined, that slight torture should be applied, was read.
Don Juan Montes then said that he had known the island of Trinidad since the year 1793. That the torture was never introduced until after the conquest of the island, and was then practised by order of the defendant. It was first used with the military in 1799, and two years afterwards in the gaol.
Mr. Dallas, for the defendant, rested his defence upon the following statements:—
First,—By the law of Spain, in the present instance, torture was directed; and, being bound to administer that law, he was vindicated in its application.
Secondly,—The order for the torture, if not unlawfully, was not maliciously issued.
Thirdly,—If it were unlawful, yet, if the order were erroneously or mistakenly issued, it was a complete answer to a criminal charge.
The learned counsel entered at considerable length into these positions, during which he compared the law of Spain, as it prevailed in Trinidad, to the law of England, as it subsisted in some of our own islands; and he contended that the conduct of General Picton was gentleness and humanity, compared to what might be practised with impunity under the authority of the British government.
Mr. Gloucester, the Attorney-General of his Majesty in the island, was then called, and he deposed to the authenticity of several books on the laws of the island, among which were the Elisondo, the Curia Philippica, the Bobadilla, the Colom, and the Recopilacion de Leyes.
Various passages in these books were referred to, and translated, for the purpose of showing that torture was not only permitted in certain cases, but in the particular instance before the jury.
Mr. Garrow was then allowed to call a witness, to show that, however such a law might at any time have existed, or might still exist, in Spain, it did not prevail in the West Indian colonies of that power. To this end, Don Pedro de Vargass was sworn. He deposed that, during the early part of his life, he had been regularly initiated and admitted to the office of an advocate of the Spanish law-courts in the colonies; that he had practised after his admission, in the regular course, for two years, and had resided at five or six of the West India islands, in the pursuit of his profession; and that, according to his knowledge of the Book of Recapitulation, by which the laws were administered, there was nothing contained in it to justify the infliction of torture, nor was torture, to his knowledge, ever resorted to. There was a law of Old Castile, of the year 1260, which justified the torture in certain cases, but he never understood that it extended to the West Indies, and it was so much abhorred in Spain, that it was either repealed, or had fallen entirely into disuse.
Mr. Dallas and Mr. Garrow then severally addressed the jury; and Lord Ellenborough in summing up, recommended them to divest their minds of every feeling which they might have contracted in the course of the present trial, and to throw every part of the case out of their consideration, except that which related to this simple point:—What was the law by which the island of Trinidad was governed at the period of its capture by the British? It was for the consideration of the jury whether the law then subsisting authorised personal torture to be inflicted. By the indulgence of the government of this country, the subsisting law was to continue; the question was, What was that subsisting law? The jury would observe, that it did not necessarily follow, because Trinidad was a colony of Old Spain, that it must therefore, in every part, have the laws of Old Spain. It did not originally form any part of that country, but had been annexed to it; and on what terms there was no positive evidence. It did not appear that either the schedule peculiar to this island, or the recapitulation, embraced the criminal law, or made any mention of torture. So, if torture did subsist in this island, it must be on the authority of law books read to the jury; and it was ascertained by several persons, apparently of competent knowledge, that torture had not, within their recollection, ever been practised in the island. It was, therefore, for the jury to say, in the absence of all positive proof on the subject, and in the face of so much negative evidence, whether the law of Spain was so fully and completely established in Trinidad as to make torture a part of the law of that island. Without going through the authorities, he thought the jury might take it to be the existing law of Old Spain, that torture might be inflicted. It was too much to say, that a discontinuance of a practice could repeal a law; but they had to determine whether they were convinced that torture had ever been part of the law of Trinidad; and also whether they were convinced that it was part of the law of Trinidad at the time of its capture. If so, they would enter a special verdict; if otherwise they would find the defendant guilty.
The jury found—There was no such law existing in the island of Trinidad, as that of torture, at the time of the surrender of that island to the British.
Lord Ellenborough—“Then, gentlemen, General Picton cannot derive any protection from a supposed law, after you have found that no such law remained in that island at the surrender of it, and when he became its governor; and therefore your verdict should be, that he is guilty.”
By the direction of Lord Ellenborough they therefore found the defendant “Guilty.”
The trial lasted from nine in the morning till seven at night.
Governor Picton walked the hall of the courts during the whole of the trial. He was a tall man, of a very sallow complexion, apparently about fifty years of age, and was dressed in black. He was accompanied by several of the civil officers of the island.
Mr. Dallas moved on the 25th of April for a new trial, upon the following grounds:—
First,—The infamous character of the girl, who lived in open prostitution with Pedro Ruiz, and who had been privy to a robbery committed upon her paramour by Carlos Gonzalez; and that when a complaint laid against her had been brought before a magistrate, she, refusing to confess, had been ordered to be tortured.
Secondly,—That Governor Picton, who condemned her to this torture, did not proceed from any motives of malice, but from a conviction that the right of torture was sanctioned by the laws of Trinidad; and that he was rooted in this opinion by a reference to the legal written authorities in that island.
Thirdly,—That whatever his conduct might be, it was certainly neither personal malice, nor disposition to tyranny, but resulted, if it should prove to be wrong, from a misapprehension of the laws of Trinidad.
Fourthly,—That one of the principal witnesses in this trial, M. Vargass, had brought forward a book, entitled “Recopilacion des Leyes des Indes,” expressly compiled for the Spanish colonies, which did not authorise torture; and that the defendant had no opportunity of ever seeing that book; but it had been purchased by the British Institution at the sale of the Marquis of Lansdowne’s library, subsequent to his indictment, and that having consulted it, it appeared that when that code was silent upon criminal cases, recourse was always to be had to the laws of Old Spain, and that those laws sanctioned the torture.
The Court, after some consideration, granted the rule to show cause why a new trial should not be had, and as the second trial, which was eventually allowed, was attended with a different result from that of the first, we think it no more than just to the memory of Governor Picton to conclude our notice of this affair with the following apology for his conduct, which is extracted from a respectable monthly publication:—
“In an evil hour the British Colonel associated with him, in the government of the island, the British naval commander on the station, and Colonel Fullarton. This was, as might naturally have been expected, and as certainly was designed by one of the parties, the origin of disputes and the source of anarchy. It is well known that Fullarton, on his return to England, preferred charges against Picton, which were taken into consideration by the Privy Council, and gave rise to a prosecution that lasted for several years. No pains were spared to sully his character, to ruin his fortunes, and to render him an object of public indignation. A little strumpet, by name Louisa Calderon, who cohabited with a petty tradesman in the capital of Trinidad, let another paramour into his house (of which she had the charge) during his absence, who robbed him, with her knowledge and privity, of all he was worth in the world. The girl was taken before the regular judges of the place; who, in the course of their investigation, ascertained the fact that she was privy to the robbery, and therefore sentenced her, in conformity with the laws of Spain, then prevalent in the island, to undergo the punishment of the picket (the same as is adopted in our own regiments of horse); but, as it was necessary that this sentence should receive the governor’s confirmation before it could be carried into effect, a paper, stating the necessity of it, was sent to the government-house, and the governor, by his signature, conveyed his assent to the judges. The girl was accordingly picketed, when she acknowledged the facts above stated, and discovered her accomplice. That the life of this girl was forfeited by the laws of every civilised country is a fact that will not admit of dispute; yet clemency was here extended to her, and she was released, having suffered only the punishment above stated; which was so slight, that she walked a considerable distance to the prison, without the least appearance of suffering, immediately after it was inflicted. But what was the return for the lenity of the governor? He was accused by Colonel Fullarton of having put this girl (whom he had never even seen) to the torture, contrary to law; and the caricaturists of England were enlisted in the service of persecution. After a trial which seemed to have no end, after an expense of seven thousand pounds, which must have completed his ruin, had not his venerable uncle, General Picton, defrayed the whole costs of the suit, while the expenses of his prosecutor were all paid by the government, his honour and justice were established on the firmest basis, and to the perfect satisfaction of every upright mind.”