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

[Illustration: _The Torture._

_p. 426_]

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:--

The Chronicles of Crime or The New Newgate Calendar. v. 1/2 being a series of memoirs and anecdotes of notorious characters who have outraged the laws of Great Britain from the earliest period to 1841. · 第 59 / 83 段