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Court to answer for this contempt alleged | 109, 111, 538; Brandreth's case ibid. 766, 779; against him, and to offer what he might think Turner's case ibid. 957.] fit either in justification or in excuse of his conduct, he does not appear so to do. By thus withdrawing himself, he saves himself certainly from that imprisonment which, if Thistlewood, William Davidson, James Ings,
On Monday, the 1st of May-Arthur he had been present the Court would have
John Thomas Brunt, and Richard Tidd, thought it right to inflict; but he must not save
were brought out to himself, nor ought be to be allowed to save him.
a platform erected self from another species of punishment, which they were hanged until they were dead, when
in front of the debtors door, Newgate, where in his absence, under the circumstances of his they were cut down, and their heads were baving had notice to attend, it is in the power, severed from their bodies, his majesty having and therefore it is the duty of the Court to inflict . Under these circumstances, therefore, that part of the sentence which directed that
been graciously pleased by warrant to remit the Court, approving highly of the conduct of
their bodies should be divided into four quarthose persons who yielded to its admonition, disapproving as we must do, in the strongest should be forthwith privately buried.
ters, and to direct that the bodies, and heads, degree, of the conduct of the individual against
James William Wilson, John Harrison, whom the application is made, think it due to public justice to order that William Innell Gilchrist, and Charles Cooper, received his
Richard Bradburn, John Shaw Strange, James Clement do, for this contempt, pay to the King majesty's pardon, on condition of being transa fine of 500l.
ported to such place beyond the seas as his [Vide R. v. Clement 4 Barn. Ald. 218; majesty, with the advice of his Privy Council, Watson's case, 11 How, Mod. State Trials 80, 1 should be pleased to direct, for life.
ADDENDA CASE OF VALENTINE JONES, Esq. Vol. X. of this Continuation, Page 336.*
COURT OF KING'S BENCHI,
14th Juxe, 1809 : Jr. Attorney General.-I am to move your lordship for the judgment of the Court against Mr. l'alentine Jones.
Mr. Dullas.— In point of form, I ought to request of your lordships that the gentleman before the Court may be permitted to sit.
Mr. Attorney General.- I make no objection.
Lord Ellenborgh. - We understand that the defendant is in a situation requiring it: indeed the manner in which he came into Court shewed it.
Lord Ellenborough read his report of the evidence on the trial.
The following Affidarits were read:
Valentine Jones, late of the parish of Batheaston and county of Somerset, now confined in the king's-bench, the defendant named in the indictment tried at Westminster on the 26th day of May last past, maketh oath and saith; that he this deponent, having previous to the year 1795 served in divers public situations of credit trust and responsibility in his majesty'sservice in the West Indies, bad the happiness to acquit himself in them all with general satisfaction and approbation, and that having in the said year 1795 received the appointment of commissary-general and superintendant of stores, provisions and extraordinaries to the army serving in the Leeward islands, he this deponent embarked for his station in the fileet under admiral sir Hugh Christian, and after an unsuccessful attempt to perform the voyage, and after the dangers and difficulties so well known to have attended that enterprise during eight weeks' storms and contrary winds, returned to England in so impaired a state of health that he despaired of being able to fulfil the appointments aforesaid, and endeavoured to obtain permission to resign the same ; but that not finding he would be allowed to do so, this deponent made an effort to embark again in the fleet under command of admiral Cornwallis in March 1796, in wbich he was prevented by a most dangerous attack of gout in his stomach, which had nearly put
The proceedings, subsequent to the trial of Valentine Jones, having been mislaid, were unavoidably omitted in the Volume which conlains the trial itself; but as they have since been recovered, they are here inserted.
an end to his life; that this deponent, however, still animated by zeal to do that duty which had been so particularly required of him, lost as little ume as possable, when he had sufficient strength, in going from Portsmouth to Falmouth, and there embarking in a packet for the West Indies: that on bis passage the deponent was again attacked by severe illness from the gout; but finding, on his arrival at Bar. badoes on the 23rd of April 1796, that an armament under the command of general sir Ralph Abercrombie had sailed against the island of St. Lucia, this deponent, al. though obliged to be carried to and from the shore, did immediately follow and join the said armameot on the 20th of Apnl at St. Lucia, and entered on the doties of his office, without regard to personal soffering, in a most arduous and difficult employment in the midst of military oper. ations.
And this deponent saith, that on undertaking the vast laborious and extensive avocations of his appointments aforesaid, he had but one deputy commissary gene ral under him, and three assistant commissaries at a time when more aid and assistance were required than at any other period ever known in that country, and during the whole of his employment; whereas at subsequent periods in more circumscribed service four deputies have been allowed and treble the number of assistants.
And the deponent saith, that the calls of the service and supply of so large an army (for the wants of which calculation was to be made on the scale of 30,000 persons) required him to leave a general agent, with means competent to undertake the supplies, and having general connection with the chain of islands wherein the said troops were stationed ; and accordingly this deponent having renewed a contract for vessels with Mr. Matthew Higgins (who had furnished the same by a former contract previous to the arrival of the deponent), he did also engage with the said Higgins to be the merchant or agent to do the greater part of the business required as to furnishing stores of all kinds; and this preference the deponent gave to him the said Matthew Higgins, from his having been employed as a cone tractor and being a creditor of the public to a large amount; and also from his possessing the good opinion of the commander in chief, sir Ralph Abercrombie, to whom the said Matthew Higgins had been useful in the negotiation for surrender of
the colonies of Demárara and Berbice to issuing commissaries, for the purpose of his majesty's arms; and further, from the literally feedins e troops, and the resaid commander in chief having expressed ceiving their rs and vouchers, and to this deponent that he could not do better this deponent
; under many diffithan employ the said Matthew Higgins. culties been oblig to make up the ac
And this deponent saith, that by the counts finally fron perfect papers transfirst contract for vessels which the said mitted to him by the said Glassfurd (paMatthew Higgins had with quarter-master pers which the secretary himself of the general Knox, he was to provide for the West India commissioners had in charge pioneers of the army, which part thereof for the deponent and knew the mutilated this deponent would not renew, but con state of), had nor could have no other sulted the interest of government in alter meaning than that the said deputy coming the same.
missary general should not, by any new And deponent further declareth and statement alter the official mode by which saith, that during the whole time the said deponent had arraigned the imperfect Matthew Higgins continued to furnish documents before furnished by the said supplies, he, the deponent, never did, Glassfurd himself: and the suggestion that directly or indirectly, take any steps to the said deputy might not remember enhance the profits thereon or interfere points of business so long gone by, arose therewith for his own ultimate benefit; from the conviction that he literally and always believing that the public service truly could not (by reason of the difficulwas benefitted by the manner in which ties with which the complicated and multhe business was done. And he believes tiplied vouchers in detail had been colthat if he, this deponent, had not confined lected by him) bear them in rememhimself so much to the said Matthew brance; for this deponent saith that the Higgins, but had purchased generally of vouchers here described relate to the the merchants, the articles would have serving out in the fields, on marches, on cost goverument in the aggregate as much the water, in quarter., and in every posas was charged by him the said Matthew sible circumstance of the service, to the Higgins. And this deponent verily be amount of upwards of twenty millions of lieves the same, from his observation at rations issued, and to the accounting for the time and inquiries since.
every pound, ounce, gallon, piut, or more And this deponent further saith, that he minute delivery. most solemnly declareth, that with the ac And this deponent on his oath further counts of the said Matthew Higgins, made saith, that he never intended by any exout for his agency, he had no connivance pression in the aforesaid letter to prein fraud, if such there be, and that he was scribe to the said deputy commissary genperfectly innocent of any delusion in the eral what he should say as a witness upon mode of making out the same by the said oath; nor could the deponent fear any thing Matthew Higgins or his sub-agents for any from him in that character; which the sinister motives; And that be, this depo deponent is warranted in saying, nothing nent, cannot be charged with any fiction having been produced from any examinaor deception whatever to the injury of tion of the said John Glassfürd against the public on his part, with regard to him, this deponent, in his office of comsuch accounts, as the contents thereof are missary general, his department in which all duly fully and specifically debited to fell under the constant observation of the this deponent in kind, and the consump said John Glassfurd. tion thereof accounted for by bim, and And the deponent saith that he has not himself made responsible therefore.
only rendered accounts and vouchers long And this deponent here further saith since for the issue and expenditure of and declareth, that the letter written by every species of stores coming to his him to John Glassfurd, deputy commis hands in any way, but that in six weeks sary general (which from misconception after his return to this country (that is to of its contents and a mistaken construc say on or about the 14th day of August tion of its terms has been deemed in 1798) this deponent delivered in accounts jurious to him and dictated by conscious and vouchers for all the expenditure of misconduct) has no connection whatever cash and bills of exchange which had with his dealings with the said Matthew passed under his direction to the amount Higgins, or any bearing on the case in of more than two millions sterling, and which he is implicated with him, as the that as soon as he was required by the terms used in that letter do not in anywise lords commissioners of his majesty's treaapply to provisions, or bills for provisions, sury to pay the balance due from him to or purchases or transactions between him the public, he, this deponent, did pay the and this deponent; but that the said John same without hesitation, in the manner Glassfurd having had chiefly under his ordered, in six months after his return direction that portion of the business from his official station in the Leeward
which appertained to deliveries to the Islands. VOL. XXXIII.
And deponent saith that he was kept in the execution of his office there, contrary to all remonstrances and requests to be relieved, for twelve months after his knowledge of the rumours spread against him; but neither in that time or any other did the deponent use or adopt any measure of enriching himself by borrowing from the public funds under his control for purchases and speculations, which he could, in common with many, have made with vast emolument. And this deponent saith, that on the subject of the indictment upon which he has been tried it would ill become him to say one word, further than that he has not shrunk from the charge, or attempted to withdraw himself from the justice of the country. Whatever the extent of his offence may have been, the deponent waits with submission the punishment for that offence which this Court may think fit to indict.
And this deponent furtber saith, that a mind distressed and agitated has increased the sufferings of a body worn down by an afflicting malady, and previously exposed thereto by fourteen years spent in public occupations in an unhealthy climate ; that he is seldom free from the gout, the consequences whereof are contractions of the joints, and that from exposure to cold and damp situations the deponent might be liable to the loss of the use of his limbsif not of life.
Thomas Broughton, clerk, A. M., rector of St. Peter's in the city of Bristol, and one of the acting magistrates for the county of Gloucester, maketh oath and saith, that he hath known the above-named Valentine Jones for thirty years now last past, and that he has been intimately acquainted with him for a considerable portion of that period ; and that during all such time he has been so frequent a wii. ness of his many excellent qualities, that he has always esteemed him
as a man not only of the most humane and benevolent, but of the most upright and honourable character, and that he is one of the last persons amongst his acquaintance he i should deem capable of any intentional misconduct.
Thomas Howard Griffith, of the city of Bath, esquire, maketh oath that he knows the above-named defendant Valentine Jones, and that he knew and was well acquainted with him for near ten years during his residence in the island of Barbados, and has since known him during his subsequent residence in England. And this deponent saith, that the said Valentine Jones was received and much esteemed in the first ranks of society in the said Island of Barbados, and always conducted himself in an upright inande, and with honour and credit; and
was looked upon as a person of very estimable character and unsuspected integrity.
George Phillips, of French Hay near Bristol, in the county of Gloucester, esquire, maketh oath and saith, that he has known the above-named defendant, Valentine Jones, esquire, from a very early period of his life, and for the space of thirty-six years, and during a considerable portion of wbich time he hath been intimately acquainted with him. And this de ponent saith he bath known many instances of the said Valentine Jones's excellent qualities as a member of society, and he hath always esteemed him as a man, not only of the most humane and benevolent disposition, but of the most upright and honourable character.
John Cobham, of Berkley-square, in the city of Bristol, esquire, makeib oath, that he knows the above-named defendant, Valentine Jones, and that he knew and was well acquainted with him for thirteen years, during his residence in the Isiand of Barbados. And this deponent saith, that the said Valentine Jones was received and much esteemed in the first ranks of society in that Island, and always conducted bimself in an upright manner, and with the greatest honour and integrity, and was looked upon as a person of very estimable character, and respected by all who knew him.
Samuel Perry, of Park-street, in the city of Bristol, esquire, maketh oath that he has known the above-named defendant, Valentine Jones, for the space of twentyfive years last past. And this deponent further saith, ihat he was intimate and well acquainted with the said Valentine Jones for fifteen years of that period, during his residence in the Island of Barbados. And this deponent saith, that the said Valentine Jones was received and much esteemed in the first rank of society in that Island, and always conducted himself in an upright manner, and with great honour and integrity, and was looked upon as a person of very estimable character.
The Reverend John Brome, A. M. (at present of Welbeck-street in the county of Middlesex, and a member of his majesty's council in the Island of Ba:bados), maketh oath and saith, that he personally knew the above-named defendant Valentine Jones for several years during his resideuce in the said Island, where he filled the office of clerk of the council and deputy secretary, offices of considerable trust and importance, in the execution of which this deponent always understood, that the said Valentine Jones conducted himself with the utmost correctness and propriery.
And this deponent further saith, that the said Valentine Jones was at that time received, and considered by the first ranks of society in the Island of Barbados, as a gentleman of great respectability, and generally esteemed a person of strict honour and integrity.
Thomas Fownes Luttrell, of the city of Bath, in the county of Somerset, esquire, maketh oath and saith, that he knows the above-named defendant Valentine Jones, and that he knows and was intimately acquainted with him, for the space of about three years and a half during his residence in the Island of Barbados. And this deponent saith, that he has always considered the said Valentine Jones as a man of the strictest honour and integrity, and incapable of any intentional misconduct.
John Randall Phillips, of Winterbourne, in the county of Gloucester, esquire, maketh oath that he knows the abovenamed defendant, Valentine Jones, and that he has known him for the space of fifteen years last past. And this deponent saith, ihat he was intimate and well acquainted with the said Valentine Jones, for about five years, during his residence in the island of Barbados ; and this deponent further saith, that the said Valentine Jones was received and much esteemed in the first rank of society in that Island, and conducted himself in this deponent's estimation in an upright manner, and with the greatest honour and integrity, and was looked upon as a person of very estimable character.
Robert Lovell, of the city of Bristol, doctor of physic, maketh oath and saith that he hath known the above named defendant, Valentine Jones, for upwards of twenty years last past, and that during the said Valentine Jones's residence at Naish House near Bristol, and afterwards at Bath, he this deponent has frequently in the capacity of his physician, attended him in very deplorable and distressing attacks of gout, which have confined him to his bed and room for weeks and even months together.
And this deponent further saith that he is well acquainted with the constitution and general state of health of the said Valentine Jones, which have been greatly impaired by the frequent and violent attacks of gout with which he has been afficted, and from which attacks lie is never free for any considerable length of time together.
And this deponent further saith he has also found the health of the said Valentine Jones, during the period he has attended him professionally, greatly affected by change of situation and states of the ato mosphere, and for these reasons he this de
ponent, is firmly of opinion it is absolutely necessary for the preservation of the life of the said Valentine Jones that he should have a free and open circulation of air, and be protected as much as possible from damp and cold.
William Bowen, of the city of Bath, in the county of Somerset, Apothecary, maketh oath that he hath known the above named Valentine Jones for nine years and upwards, during which time he, this deponent hath been the Apothecary to the said Valentine Jones and his family, and this deponent, in his medical character, hath very often attended him the said Valentine Jones. And this deponent is well acquainted with the general state of health of the said Valentine Jones, and that he is of a very gouty habit, and in the course of the above period he hath had repeated and most violent attacks of the gout, some of which have confined him to his bed and room for several weeks together, and that, during the said above specified nine years, he the said Valentine Jones hath seldom been entirely free from the gout. And this deponent saith that the health of the said Valentine Jones has been, during the time he this deponent hath known him, much affected by the change of situation and season, and that in the judgment of this deponent it is absolutely necessary for the preservation of the life of the said Valentine Jones that he should not be subject to any damp or cold situation.
Sir Walter Furquhar, of Conduit-street Hanover-square, in the county of Middlesex, baronet, maketh oath and saith, that in his character of Physician he hath frequently attended the above named defendant, Valentine Jones, for many years past; and that during the last month be hath often visited him in consequence of the said Valentine Jones being afflicted with violent gout, and the unpleasant con. sequences of a broken constitution ; and that his situation was so very critical and alarming that he requested the assistance of doctor Baillie. --And this deponent saith, that from the debility that now exists, his life might be endangered by exposure to cold and damp; in short this deponent is absolutely convinced that the said Valentine Jones's disease is so deeply rooted in his constitution, that nothing but the greatest care and attention can preserve his life.
Samuel Chilver, of new Burlingtonstreet, in the county of Middlesex, Surgeon and Apothecary, maketh oath and saith, that he hath attended the above named defendant Valentine Jones, for many years past in severe attacks of the gout which, in consequence of the very irritable and broken down state of the said Valentine Jones's constitution, have sometimes been