broadly stating that there was no pretension to say that it was a wilful
trespass; and adding, after having recapitulated most of the arguments
which I had urged in my speech, that he was much more inclined to
believe it to be a malicious and frivolous action, than he was to say
that it was a wilful trespass. I gave the said Michael Hicks Beach a
pretty sound dressing, which the Baron not only recapitulated and
concurred in, but he also gave him some very wholesome advice, and a
very severe admonition.
It was an "especial jury" of brother magistrates and brother game-
preservers; and it is, therefore, not wonderful that they returned a
verdict for the plaintiff, with a shilling damages; which, in a wilful
trespass, was always held to carry costs, provided the Judge would
_certify_. Mr. Sergeant Lens now rose, and informed the Judge, that his
Brother Burroughs, before he left the Court, had requested him to apply
to his Lordship to "certify." The Baron pretended not to hear him; the
Sergeant repeated the application in a louder voice; and Baron Graham
then replied, "it is not necessary for me to certify in Court, I
believe, Brother Lens?" "Yes, my Lord," said Lens, "I never knew a Judge
refuse to do so, upon a verdict of trespass after notice." "Brother
Lens! Brother Lens!" retorted the Baron, "I do not feel justified in my
own mind to certify, upon my oath, that this was a wilful trespass,
although the Jury have returned a verdict, upon their oath, that it is
so; at all events I shall not certify in Court; I shall take time to
consider of it."
Baron Graham never certified to this hour, and my vindictive opponent
had to pay his own costs, which, I understand, amounted to upwards of
eighty pounds. This is an instance of the upright inflexible honesty of
Baron Graham; and this is the Judge, I understand, who, together with
Baron Wood, are about to be laid upon the shelf--and a precious pair of
tools we shall have in their place, I'll warrant you!
On the next day, I enclosed a shilling in a letter to Squire Beach,
admonishing him, in the language of the worthy Judge, and advising him
to prepare for war, for I was determined upon retaliation. Unfortunately
for me, my attorney was a most artful, plausible, cunning fellow; and at
the same time that he openly professed to advise me not to go to law, he
insidiously held out the most luring baits to draw me into the meshes of
his net, in which he was too successful. I was a rare pidgeon, and he
never failed to pluck me well.
I kept my word with Mr. Beach, and in a few days I had an information
laid against his whipper-in Parson, and one of his tenants, Thomas
Horne, for sporting, they not being qualified; and as soon as they were
convicted in the penalties, I followed it up by commencing an action
against each of them for a similar offence. I also served in the same
way another fellow, who was a friend of Beach's, one Edmond Stegg, of
Chisenbury; in all of which suits I got a verdict; and, to be even with
him, I brought his second son, William Beach, before a bench of
Magistrates, to make him prove his qualification; which he at length
did, with considerable difficulty and expense. The famous Richard
Messiter, an attorney, of Wincanton, came all the way from that place in
a chaise as a witness; and John Ward, an attorney, of Marlborough,
attended as another witness; so that this chap got out of the scrape at
an expense to his father of about fifty pounds. Messiter, who was called
at that time _honest Dick Messiter_, swore that he had advised his
father to make a conveyance of an estate to him, to qualify him, the
deed of which was executed only the day before the action was commenced
against him. The Squire was also obliged to qualify his whipper-in
Parson, which he did by procuring for him a living; so that it is an ill
wind that blows no one any good. But all this while my cunning
attorney was the bird that was feathering his nest charmingly. He took
care to fleece all that came within his grasp. What voracious sharks are
these attorneys! I was successful in all these actions, yet, every now
and then, I had a long bill to pay to my attorney. I do not say that
this limb of the law was any worse than the rest of his profession
(always admitting that there are _some_ most honourable exceptions); but
I must say that this worthy had the address to manage his matters
better, and to cast his net with more cunning and adroitness than any
one of the fraternity that I ever met with. I was a thousand times
forewarned of him, by some of his _old friends_; but I was over
confident, and I met my reward, as my eyes were not opened till I had
suffered to the amount of many thousands of pounds by my credulity.
At the latter end of May, I was called up to the Court of King's Bench
for judgment, for the assault upon Stone the gamekeeper. I did not
employ counsel, but offered in person what I had to urge in mitigation.
I put in affidavits, to prove that the witnesses who gave evidence upon
the trial were perjured; and that the doctor, who attended and swore
that he lived at Amesbury, was an impostor; that no such person had ever
lived there, or had ever been heard of before or since. The sentence
was, that I should be committed to the custody of the Marshal of the
King's Bench for three months. During the time that Mr. Justice Grose
was passing sentence, Ellenborough leant back in his seat, and said to
Le Blanc, loud enough for me to hear him, "He will not go down to
Salisbury to attend the writ of inquiry, and get another verdict of _no
damages_ this time."
I had forgotten to mention, that the writ of inquiry was not executed at
the Spring Assizes, it having been put off by the parties, to see
whether I should not be caged during the Summer Assizes, when they might
have an opportunity of bringing it on in my absence. As soon as I was
sent to the King's Bench, I received notice, from Astley's attorney,
that the writ of inquiry would be executed before the Judge of the
Summer Assizes, to be held at Salisbury. I immediately employed Henry
Clifford to move the Court to delay the inquiry till the following
Spring Assizes; as it was necessary to the due administration of justice
that I should be present. This application was refused. I then got Mr.
Clifford to move for a writ of _Habeas Corpus_, that I might be taken
down to Salisbury, at _my own expense_, to attend the inquiry. This
application the upright Court also refused! At the Assizes the writ
was therefore executed before the Judge. The witness, the shepherd, the
same witness, was called, and proved the fact, that I was upon the
plaintiff's down, and as the case was totally undefended, the Judge
directed the Jury to give a shilling damages. The Jury hesitated; every
man amongst them well knew the facts; they retired, and, after an hour's
deliberation, they returned a "_farthing damages_." If I had been
present to ask the witness one question, the Jury would have inevitably
returned a verdict of "_no damages_;" the same as the two former Juries
had done. In fact, one of them told me, that they gave in the verdict of
one farthing very reluctantly; and, as they knew the case, they very
much regretted that they had not themselves put the question to the
witness, as, if he had once sworn that there was no damage done, nothing
on earth should have induced them to have given any damage.
Thus ended the struggle for the _right of English Juries_ to give their
verdict agreeable to the evidence, as they were bound by their oaths to
do, in spite of the equivocal rules of Courts, or the arbitrary dicta of
Political Judges. I have no doubt that the conspiracy against me by the
stock-purse gang, in the instance of Stone's assault and indictment
against me, was got up for the sole purpose of getting rid of this
question, as to the rights of a British Jury to give a verdict agreeable
to the evidence, in spite of a ridiculous and illegal rule of Court,
made at the arbitrary will of corrupt Judges. The truth is, that Stone
confessed that he was hired and well paid to assault me, for the purpose
of procuring an indictment against me; and by that means I was to be got
out of the way, that this dirty job might be executed in a court of
justice in my absence. Stone being discharged from his situation,
offered to hire himself as my game-keeper, and to divulge the whole
plot, and appear as a witness against his former employers. I, however,
rather chose to put up with the loss which I had already sustained, than
to employ such a treacherous villain, and to encounter fresh law
expenses, which I now began to feel were most ruinous, notwithstanding I
conducted my own business in the courts. I had, besides, ascertained
that the stock-purse gang were always delighted when they found they had
entrapped me into a law suit, although my late successes had caused a
heavy drain upon the subscribers, some of whom began to grumble at the
expense, and to declare off.
As soon as I was conducted to the King's Bench, I began to look out for
apartments; I having made up my mind to remain the three months within
the walls, as I did not feel justified in making the indispensable
sacrifice (the usual fee to the Marshal) for residing without the walls.
Several prisoners, who were in distressed circumstances, offered to give
up their rooms at various prices, in proportion to their eligibility;
but, as the prison was excessively crowded, none of them struck my fancy
or suited my taste. I therefore applied to Davey, who kept the coffee-
house, and immediately agreed with him, at a reasonable price per week,
for a bed and the sitting-room over the coffee-room. This is the very
apartment that Colonel Bailey, the uncle of the Marquis of Anglesea,
lately inhabited, whose application to the Court of King's Bench was
argued the other day, on his complaint of the conduct of Mr. Jones, the
Marshal, and Poole, the coffee-house keeper, and of various
interruptions and insults which he received from the prisoners who
frequented the coffee-room; by which means, Poole (who, by the bye, was
the person who attended me here) lost his situation. Nothing could
exceed Poole's civility to _me_, and I have always heard that he was a
very civil, well-behaved, obliging fellow. I can only say, that the
whole time that I lodged in these apartments, which was six weeks, I
never received the slightest interruption from any one, or the slightest
incivility or insult from any one of the prisoners.
The Marshal was not at home when I arrived, but as soon as he came to
his office in the morning, I received a polite message from him,
requesting to see me, and being disengaged, I immediately waited upon
him. When I came to his room he accosted me in a very kind manner,
expressing regret for my sentence, but he added, that he should feel
great pleasure in rendering my imprisonment as little irksome as
possible, and that he should be happy in doing any thing for my
accommodation. I own that I did not, at the first view, give this worthy
man the full measure of credit that was due to him; for I could not help
feeling a strong suspicion that he had an eye to his usual fee for
indulgence. In consequence I addressed him as follows:--"I am much
obliged to you, Mr. Jones, for your kind and friendly offers of
accommodation; but, to tell you the truth, Sir, this is the case--When I
was last committed to your custody, which is now nearly ten years ago, I
had more money than wit; and I paid you very cheerfully for the
accommodations that you afforded me, for which I was very grateful; but
the case is altered, I have now more wit than money, little as the
former may be. To speak without metaphor, since I was last your
prisoner, I have had many a hard tug at any purse in my endeavours to
support my independence: prudence, therefore, compels me to remain
within the walls, and to forego (however reluctantly) your proffered
kindness." Mr. Jones took me by the hand, and looking me steadily in the
face, he replied, "Mr. Hunt, you have misunderstood me. I am fully aware
of the truth of your observations. I am not altogether ignorant of what
has occurred, but it would ill become me, in the situation I am placed,
to give any opinion upon your case. This, however, I know, that while
you were under my care you conducted yourself like a gentleman, and
acted towards me with the strictest honour, and in return I can only
say, you are welcome to reside without the walls, but I will not accept
a penny of your money, neither will I put you to the slightest expense
of giving any security. Your word, as a man of honour, to be forthcoming
when called upon, is perfectly satisfactory to me, and you are at
liberty to go out whenever you please. The only thing I will accept is,
(I know you are a sportsman) when you return into the country, send me a
basket of game, and I shall be perfectly satisfied." I thanked him
sincerely for his handsome behaviour, but I told him that I had procured
very comfortable lodgings at his old coachman's, Davey's, over the
coffee-room; and as I did not expect my family in town for a month or
six weeks, I would remain where I was till that time, when I would
accept his offer. "Very well," said he, "please yourself;" and ringing
the bell he called the Deputy Marshal, and said, "Recollect, Sir, to see
that Mr. Hunt is properly accommodated at Davey's, whilst he remains
here, and in the meantime, till his family comes to town, take care that
he has the run of the key." That is, to pass out and into the prison
whenever I pleased. The Deputy Marshal left the room, and after some
time spent in conversation upon the occurrences of the day, I bid him
good morning and took my leave; the door was opened, and I walked into
the street, whence I returned into the prison.
This was the treatment which I received from the Marshal of the King's
Bench Prison. I did not forget to send him a handsome basket of game,
not only that season, but many following; and I regret that I ever had
the negligence to omit doing so. However, if this should meet the eye of
any of my numerous sporting friends, which I know it will, he that sends
in my name a basket of game directed to William Jones, Esq. Marshal of
the King's Bench Prison, London, will confer a lasting obligation upon,
and afford great pleasure to, the "Captive of Ilchester," particularly
if he will drop me a line to say that he has done so.
Sir Francis Burdett was now a prisoner in the Tower, and I was a
prisoner in the custody of the Marshal; but as I had the run of the key,
and as the Baronet had not, a very few mornings elapsed before I paid
him a visit, entering my name at the lodge of the Tower, as Mr. Hunt of
the King's Bench--this might be said to be impudent enough. When I was
committed to the King's Bench in 1800, I paid a visit to poor Despard in
the Tower; while I was there in 1810, I frequently visited Sir Francis
Burdett in the same place.
At this time there were a great many young men of fashion within the
walls of the King's Bench for debt, with some of whom I frequently
associated, and joined in the game of fives. The Hon. Tom Coventry was
an expert player, as he had been an inmate several years. Young
Goulbourn, the brother of the Under Secretary of State, was also there.
I was invited, and frequently made one of their parties. Goulbourn and I
were generally pitted as opponents, both in politics and at rackets; he
was a clever young man, and the author of the Bluviad, a satirical poem,
which he had written upon his brother officers of the regiment of Blues,
for which he was either indicted or had an action brought against him
for a libel, I forget which. This young buck, of whom I recollect many
an anecdote, the last time I was in London I saw stuck up upon the
benches of the Court of King's Bench, with a large wig upon his head,
amongst the junior counsel behind the bar. I do not recollect ever
seeing his name mentioned, as being employed in any cause; neither do I
remember ever seeing him with a brief while I was in the Court. As,
however, his brother is now appointed Secretary to Marquis Wellesley,
the new Lord Lieutenant of Ireland, I dare say that this Gentleman will
have some employment found for him, better, or at least where he can
earn his money more easily, than drudging at the bar.
The feeling excited all over the kingdom, by the arbitrary proceedings
of the House of Commons, in committing Sir Francis Burdett to the Tower,
had, instead of diminishing, increased in a ten-fold degree, and might
be said to be now at its height. The City of London, or at least the
Livery, went in grand procession, preceded by Mr. Sheriff Wood, to
present an address to Sir Francis Burdett in the Tower. Resolutions,
petitions, and remonstrances, were also passed at many other places; for
instance, at Southwark, Coventry, Liverpool, Nottingham, Sheffield, &c.
While this was going on in London, Napoleon divorced the Empress
Josephine, and married the young Archduchess Maria Louisa, and the
nuptials were celebrated in Paris with a degree of splendour and
magnificence surpassing any thing of the sort ever before witnessed.
Many of Napoleon's best friends and warm admirers highly blamed him for
this match with the House of Austria, the deadly enemy to every thing
that bore the slightest resemblance to liberty. Others blamed him for
divorcing the Empress Josephine--but to those it maybe replied, he
openly avowed his purpose to be that he might have a family, and leave a
heir to the throne of France. Instead of following the example of other
Monarchs, who had gone before him, and who, when they had wished to
gratify their caprices or their lusts, did not hesitate to rid
themselves of their wives by accusing them of some crime, and procuring
perjured villains to swear against them, by which means the unfortunate
females were divorced or had their heads taken off. Napoleon boldly
avowed his love for Josephine, and acquitted her of all suspicion of
blame; instead of becoming the dastardly assassin of her character, that
he might aim a blow at her life, he continued to cherish and to protect
her to the last.
Mr. Cobbett was tried and found guilty of a libel in the Court of King's
Bench, and was ordered up for judgment on the 5th of July; when, after a
hearing of the Attorney-General, Sir Vicary Gibbs, he was remanded to
the King's Bench, to be brought up again on the 9th, and he was
unexpectedly brought down thither while I was sitting writing a letter.
I heard that he was in the Marshal's house, endeavoring to make some
arrangement for his accommodation. I instantly hastened to my friend,
and desired him to make himself quite easy upon that subject, as I had
possession of the best apartments with-in the walls, which I would give
up immediately for the accommodation of himself and family, and I would
shift for myself in the best way that I could. This he accepted without
ceremony, and what was very satisfactory to me, was, that he made no
annoying apology for the inconvenience which, in the mean time, I might
be put to, in finding a situation for myself. There was one great
pleasure in obliging such a friend, as he never put me to the blush by
making any scruples about accepting one's offer, or by using any
unmeaning palaver, about being afraid of his friend's putting himself to
an inconvenience on his account. I must give Mr. Cobbett the credit for
being totally free from any squeamish fears or apprehensions of this
sort; and I beg to declare that, on this very account, I always felt a
great additional pleasure in obliging him. Some persons may be ill-
natured enough to miscall this selfishness, and I know those that have
been illiberal enough to do so; but, as for myself, I could never be
induced to view it in that light, as I always thought him a man of
superior mind and great talent; it was not at all surprising that he
felt his own superiority; and, to accommodate such a man, his friends
never thought any sacrifice too great; at least I never did. At all
events, I felt great pleasure that I had it in my power to contribute to
the convenience of himself and his family; and I was perfectly satisfied
to put up with a very small bed-room, in which I could scarcely stand
upright, for the four days that he remained there.