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accompanied with symptoms the most, or indeed if I were speaking elsewhere, I mean serious and alarming. And this deponent for a moment to insinuate that any temptation saith that during the last month the said can be of sufhcient strength to overpower a Valentine Jones has been suffering severe right and proper sense of duty- most undoubtly from one of his usual gouty attacks, edly (and I beg to be so understood), I do not for which he has been several times visited mean to extend the observation to any such by sir Walter Farquhar, and attended by limits but what we are not permitted to defend this deponent. And that from his know. we may be allowed to deplore ; and I am sure ledge of the said Valentine Jones's con- it must be matter of deep regret to every perstitution, he is fully convinced that if the son who has heard the evidence in this court said Valentine Jones were to be exposed that a gentleman of the defendant's character to cold and damp air, that imminent risk in life should have reduced himself to the si. and danger to his life would be thereby tuation in which he now appears before your incurred.

lorships.

I may at the same time state to the Court, Mr. Dallas.—My lords, I am now to address without any concealment, that this is a case in a very few words to your lordships on the which a despair of doing service and a dread part of the defendant. I have always thought, of doing mischief make me advance with fear and have often felt, the situation in which I and trembling; and therefore in the very monow stand to be precisely the most painful to ment in which I am making these observations, one's self and the least satisfactory to others I cannot but perceive the probability that they that can occur in the discharge of our profes- may be retorted upon me and that I may be sional duty. From the nature of the proceed- told that this is a case in which above all others, ing, the party himself must unfortunately be the consideration of past character and of past present, and as, notwithstanding the verdict of conduct ought to be of the least avail; for the a jury, it does not always happen that parties appointments bestowed upon this gentleman, are disposed to admit their guilt, and as the the duties of which he is charged with having observations of their counsel can proceed upon violated, brought their remuneration and rethat fooling alone, it often appears to tiem | ward; he was trusted because he had been that a surrender of their innocence is made ; tried; and there may possibly be pointed out from that quarter from which they least ex to the Court (and if it were not, I feel it is not pected it. On the other hand, if any observa- possible that it should escape its observation tion were to be made inconsisteni with the after the report which has been read) the cirverdict, it would be immediately and properly , cumstances of the conversation with Mr. Rose checked by the Court, who must look to the after the appointment, and of the increase of preservation of their own rules. The effect is, salary for the purpose (as that gentleman stated) to produce a state of embarrassment and diffi- of securing a faithful performance of the duty. culiy which all of us have felt in our turn, It is quite impossible for me to deny that these as well those who continue where I vow am, are circumstances which may be fairly pressed as those, who, fortunately for the justice of the upon the part of the prosecution; but at the country, have been raised to a higher, though same time I will do the attorney-general the in many respects a not less anxious and pain- justice to believe that they will not be urged ful situation.

beyond their proper extent, Looking then, my lords, at this case in the The conversation with Mr. Rose does not only light in which I am permitted 10 consider appear to me deserving of much weight; for, it, that is, through the verdict, I of course admitting, as I do mosi distinctly, that the hire can have but very few observations to offer. of duty in this case was perfectly clear, and The fact itself is unfortunately established be such as no man could mistake, if no such conyond the possibility of doubt, and with respect , versation had happened, the want of Mr. to its nature, I fear it cannot become the sub- Rose's verbal communication could not have ject of any opposition in argument. I can been urged as a circumstance in favour of the therefore only generally lament that this is one defendant, and, therefore I trust that its having other to be added to the long list of innume- taken place will not be pressed to his disrable instances in which a person of the most advantage : in truth, in the correct consideramiable and unblemished character, of the ation of the subject it has no operation on either most tried and approved worth and integrity side. But the increase of salary stands on as this gentleman appears to have been, not very different ground, and I hardly know what only from the affidavits that have been read, observation I dare make upon this part of the but upon the testimony given in support of the case; it seems however to me that if the comprosecution, should, at an evil hour, in a mo-plaint is to be confined to a mere breach of ment of self-abandonment have been betrayed duty, whether the allowance given was more into conduct inconsistent with the whole of his or less, becomes perfectly immaterial; for I must former life--that he should have given way, admit that the performance of duty cannot deunfortunately, to a temptation which he found pend upon the extent of compensation : but if too strong to resist,

the question is to be shifted from the point of When I say this, I hope it will not be sup- duty and put upon the extent of allowance, posed that while speaking in a court of justice, then to obviate its effect in point of aggravation

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I submit that the salary of fifteen or eighteen man's health. Though I do not mean to say
hundred a-year to be paid to a man for most that the degree of guilt can be varied by his
laborious duties cast upon him in a country in state of health, yet in fixing the sort of punish-
which the expense of living is necessarily ment to be applied, I am sure the Court will
great, in which life is pre-eminently uncertain, altend to it, and will not make that, which
in which the middle season of life—that in would be merely imprisonment in one case,
which provision for the future must be made the means of destruction and death in another.
might be of short duration, Eighteen hundred
a-year under these circumstances onght not, I Mr. Attorney General.--My lords, the pain-
think, to be pressed as matter of aggravation to ful duty is imposed upon me of drawing your
make this a case of a worse description than attention to those circumstances of this case
any which have gone before it.

which, in my view of it, require you not to
There is another circumstance upon which I pass a light sentence upon the defendant.
would wish to trouble the Court with a very But let me at the same time do him that
few words, not only as it is of consequence to justice which I should wish to do every man,
the defendant, but as it relates to my own con particularly one against whom it was my duty
duct in the management of his case. It is to bring forward so heavy a charge as that
perfectly well known, that, on the very eve of which I have on this occasion proved by in.
this trial taking place, a report of the military controvertible evidence. My learned friend
commissioners appeared for the first time not has truly stated that the defendant has, in his
merely upon the table of the House of Con- path through life, in all the relations of civil
mons, but it found its way into all the public society, performed his duties correctly and
prints, containing charges of the most odious without blame. I think he deserves that cha-
description against this unfortunate gentleman, racter; and to whatever reflection he may justly
and accompanied by comments of the most be exposed, he will find that the recollection of
injurious and inflammatory kind. In stating his virtuous acts will be his best consolation :
the case on the part of the prosecution the at- but I must not leave him to hope that they
torney-general (as it was likely he would do) can be of any avail to him on the present occa-
properly and humanely adverted to this cir- sion, otherwise than as an internal consolation,
cumstance, and cautioned the jury to forget Your lordships, I know, feel (as I do) upon
whatever they might have read or heard, and this occasion, that you have a painful duty to
to confine their attention to the simple charge perform. You feel that it is peculiarly pain-
before them. On the part of the defendant I ful to pass a severe sentence upon a man the
complained of the circumstance perhaps a little general tenor of whose life, if you were to ex-
100 urgently. In summing up, his lordship cept the particular transactions presented to
stated to the jury that if any such publications your view, would incline you to mercy; but
had appeared, and had produced any preju- whom, notwithstanding that, it is your duty
dice agairrst the defendant, an application to punish as the crime he has committed de-
ought to have been made to the Court to post- serves, and that you must not be led aside by
pone the trial--an observation to which I per- the considerations which have been urged by
fectly assented at the time, and of which I do my learned friend.
not mean now in the slightest degree to com I did endeavour, as far as I could, to guard
plain, I will merely state to the Court, with the jury against any impressions that might
their permission, why no such application was have been made upon their minds by what
made. It was submitted to me by the de. they had heard out of doors. I did not advert
fendant himself, but when I considered the to the report of the commissioners to which my
nature and extent of these charges--the quar- friend has in terms adverted; but I did advert
ter from which they proceeded that they had to reports which every body must bave heard,
found their way into the hands of every man and which certainly had prevailed much to the
perhaps from the highest to the lowest in this prejudice of the person against whom these
country—that years must elapse before any charges were preferred. I cannot, however,
refutation could take place, so that it was im- think it was matter of blame in the commis-
possible any change could happen in the pub, sioners that they published their report at the
Jic feeling in the interval between one sittings time when they did so; they ought not to be
and another--feeling as I then did and now biassed by any consideration of circumstances
do, that, from the nature of these charges, if of this sort as to the time when that duty
the unfortunate gentleman being at liberty, to the public which they were bound to dis-
were to walk the streets of this town, bis life charge should be performed. It was not their
would be in danger-I did not think it my fault that the trial of this cause had been so
duty to defer the trial to a more distant day long delayed; it certainly was their bounden
(when I foresaw that the public feeling would duty, as soon as they were prepared for the
be precisely the same) at the expense of a execution of that trust which was reposed in
continuation of the misery which the defendant them, to execute it, and I bardly think (al-
must endure.

though it struck those interested for the deThere is only one other circumstance to fendant as a hardship upon him) that the comwhich I would draw your lordships' attentiori, missioners would have been satisfied in yand that is, the dreadful state of this gentle- ing the performance of their duty of publishing

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their report, on account of the particular case ! have to support his own were not true; if the of the gentleman who is now to receive your charge was not truly brought against Mr. Jordships' judgment.

Jones, why was not Mr. Rose called to contraIf there were the slightest reason to suppose dict Mr. Higgins ? that the publication of that report, and the It would be wasting your lordships time to effect which it produced in the public mind, observe further upon the sufficiency of the had any connexion with the verdict of the jury evidence for the conviction, indeed upon the --if upon the evidence which his lordship has impossibility of suggesting a doubt in the case. just read I could entertain the slightest doubt Mr. Winter stated, that he called upon Mr. of the guilt of the defendant-I should be the Jones, by his desire, to communicate to him tirst to request your lordships that he might the amount of the profits Mr. Higgins had have the benefit of a rehearing, and that that made. What had Mr. Jones to do with the which might by possibility have been pro- l amount of the profits Mr. Higgins made, if Jnced, by the prejudice of the public, might Mr. Jones was not to share them? The innot operate injuriously to him. But, my lords, terests of the two parties were in direct opit is impossible for a man possessed of even position to each other. The object of Mr. the most common understanding, after hearing Jones should have been to keep down Mr. the report which his lordship has just read to Higgins's profits, if their transactions were the Court, to entertain the slightest doubt that honest : the object of Mr. Higgins must have the guilt imputed by the indictment to the de. ' been to conceal from Mr. Jones the enormity fendant has been brought home to him by in of those profits : but, instead of his thus acting, controvertible evidence-by evidence which you find' him communicating to Mr. Jones, in its own nature cannot be supposed to be ihe amount of those profits. If any further false-by evidence which if false he had the confirmation were wanted look to what they most ample means of refuting. Your lordships call the American adventure. The whole will observe that this indictment, supported as transaction not being yet wound up, something it is by the evidence, not only impuies to the was still to be done; and you have a further defendant that he entered into a corrupt con sum of 800l. paid by Mr. Higgins to Mr. tract with Mr. Higgins to share with him the Jones on account of the profits of this adprofits which Mr. Higgins contrived to make venture, and a receipt from Mr. Jones to Mr. upon the supply of provisions, but that he en. ' Higgins for that sum. Is not that a sufficient tered into this contract, through the agency of confirmation (if any were needed) of this story? another person, Mr. Hugh Rose, who was a Here was money paid by Mr. Higgins to Mr. participator in the same fraud, although he Jones : on what account? What was the situacould not (for reasons to which I adverted at tion in which these two persons stood with the trial) be joined in this indictment.

relation to each other? Mr. Higgins was Mr. Higgins was the person by whom in to supply the provisions and shipping, and the first instance, I proved the guilt of the de Mr. Jones was to pay him for his supplies. fendant. There was no imputation cast upon In the course of that transaction Mr. Jones the evidence of Mr. Higgins except that he might, while acting for the Crown and conwas himself a participator in the same fraud. tracting with him, bc indebted to Mr. Hig. I took the liberiy, at the trial,* of doing that gins: but it is impossible to conceive, that any which I shall do in one word now; I shall dis- | debt could arise from Mr. Higgins to Mr. tinguish the case of Mr. Higgins from the case Jones, unless through the corrupt agreement of an accomplice, who, having a crime fixed, which we have charged. upon him, comes forward to say, "it is true I I beg your lordships' pardon for having calcommitted this crime, but if you will let me off led to your attention the manner in which I will shew you who was concerned with me." this case was proved. I think after reading That was not the case of Mr. Higgins, because the evidence, there cannot be the slightest he proved the guilt of the defendant, in which doubt upon any man's mind. It remains for he stated himself to be concerned, and, unless your lordships to determine by what punishhe spoke truly of the guilt of the defendant, he ment an offence of this sort shall be visited.-was himself not an accomplice. That is the It is not for me to suggest it to your lordships ; distinction between the case of Mr. Higginswe all know the different species of punishment and the case of a common accomplice.

that may be inflicted. All ihat I feel justified in But why do I waste your lordships time in doing, having done something of the same sort speaking upon this? Mr. Hugh Rose was in in a former instance, is to point out those cirthe kingdom-- he was attending the Court; cumstances of the case which may possibly in. and if that which Mr. Higgins stated to have cline the Court rather to one than to another passed from Mr. Jones, through the interven- species, and to show how far the civil rights tion of Mr. Rose, to him were not true ; if that of the parties concerned may still be affected. relation, which fixed the same degree of guilt Your lordships will recollect the case of Mr. upon Mr. Rose as upon Mr. Jones, and gave Davison,* that he receiving a compensation Nİr. Rose as strong an interest to support the from government for a certain check which it innocence of Mr. Jones, as any man would was his duty to exercise upon the contractors, • Vol. x, P p. 261, 314.

Vol. x p. 99.

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had misconducted himself by sending in a Court some remarks upon che extent of this
false account of goods as furnished by other offence. It must have occurred to your lord-
persons, when in fact he had supplied them ships that Mr. Higgins himself was the pure
himself. It was evident, therefore, that he had chaser, in the first instance, of the greater part
withdrawn that check from the public. He had, of the stores before he rendered them to the
notwithstanding, received a considerable com- commissary, on behalf of government. He
mission upon that account. There was no established a house, for the purpose of making
civil claim upon him to recover back that com- those purchases : that house was composed of
mission; bui justice required that he should | Tully Higgins his brother, Nathan:el Winter,
not be remunerated for services he had not and a brother of Hugh Rose. It was prored
performed; and yielding to that, which I be that that house bought the provisions for him
lieve the civilians call an imperfect obligation, of the merchants; that they charged him,five per
he did restore the pay he had not earned, and cent commission for making the purchases, and
the Court considered that in the judgment then they handed over the provisions so pur-
they pronounced against him. The case chased to him; and he when be had paid them the
would have been different, if the Crown, who price which they gave and their five per cent,
had paid that sum to Mr. Davison, had had rendered them to the commissary at such an
the means of recovering it by civil process; for advanced price as produced a profit, in the
it would have been unjust first to visit him in course of nine months, upon little more than a
the shape of a fine, because he had received million, of 306,000l. currency. That, your lord-
that sum of money, and then to put the law in ships see, is an advance of thirty per cent.
motion against him for the purpose of recovering His lordship put a very material question to
back that money. I think it right, therefore, the witness, Nathaniel Winter. That which
to state to your lordships how, in my view of you purcbased for Matthew Higgins, upon
the case, Mr. Jones stands with respect to this which you charged a commission of five per
money. As commissary-general, Mr. Jones cent, would you not have purchased for go-
was bound by his duty to purchase from others,' vernment upon the same terms, and would
that which was wantod for the supply of the you not, having purchased these things of the
troops : the prices at which he purchased those merchants, at the same terms have supplied
goods from others he charged to the govern- them to government, contenting yourself with
ment. Supposing, therefore, Mr. Higgins to your five per cent? Mr. Winter hesitated a little
have charged the commissary one million, for in answering; but having the question pressed
what he furnished, the commissary would re- upon him, he was obliged at last to say (and
ceive from government one million. But' in truth it was not necessary he should say it)
when Mr. Jones comes to make up his ac- that certainly he would have done it.* Then,
counts with Mr. Higgins, he, instead of paying my lords, the case stands thus ; that, for no
Mr. Higgins the one million, as he ought to do,' other purpose whatever than adding this thirty
and which he represented to government that per cent profit, Mr. Higgins stands between
he had done, keeps back one half of what Mr. government and those from whom the pro-
Higgins states to be his profits, amounting to visions might have been procured at a lower
87,000l. sterling. He charges that money to rate. He adds to the price, at which they
government as if he had paid it, but in fact he might have been rendered to government, that
had never paid and never intends to pay it. thirty per cent for no benefit whatever io be
This is for your lordships' consideration. It derived to government; for the witness ad-
appears to me that that money, if it has been mitted that the merchants who supplied Mr.
received by Mr. Jones from government, is Higgins would have supplied government at
money had and received by him to the use of the same price at which he supplied Mr.
government; or that, if it has not been received Higgins, that mercantile house taking to itself
but remains a supposed debt froin government a fair remuneration. Mr. Higgins, however,
to him, it never can be allowed to him: in chooses to take that to himself which might
other words, his charge against government have passed to government at the saine price;
upon the whole is for money disbursed upon, and having taken it from the merchants at that
their account; this money he never did dis- price, he adds to it a profit of thirty per cent.
burse, and therefore, if he has received it from And why? not merely to gratify himself, my
government he has received it wrongfully; if lords, but in order that he might be enabled to
he has not received it, he never can recover it; carry into execution the corrupt contract
and in my present view of the case it remains which the defendant had made with him; that
either a civil debt from him to government if the profit he derived from the adventure might
he has received it, or if he has not received it, be divided between them; that he might be
any claim which he may suppose himself to able to render a moiety in the first instance to
have against government, he assuredly has not. Mr. Jones, and a moiety of what remained to
I trust your lordship will excuse me for enter. Mr. Rose.
ing somewhat at large into this consideration, My lords, I cannot conceive any fraud bear.
because it appears to me that it might weigh ing more directly or more largely upon the
with your lordships in considering what sen- interests of the public than such a transaction
tence you should pass upon Mr. Jones.
I have only now shortly to submit to the

* Vol. x. p. 291.

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as

1583) 49 GEORGE III. Addenda to the Case of Valentine Jones, Esq. (1584 as this. Your lordships must see the extent | 87,000l.; a larger sum than has ever appeared to which frauds of this kind are likely to go. in this or in any other court to have been You must see how important it is that such amassed by any public offender within our exfrauds should be corrected: how they are to perience: and this sum was but a moiety of be corrected I leave to your lordships. I am that which was divided between you and sure that you will do that which justice re-others. quires, I am sure that you will not overlook Of a punishment adapted to the offence we the interests of the country.-I am sure that find no precedent, for we find no precedent you will not be restrained by any con- of an offence of this sort so enormous sideration from inflicting such a punish- yours. What proceedings elsewhere may ment upon the defendant as the nature of be instituted it is not for us to suggest or the case demands. At the same time I do inquire: it is only for us to consider of pot desire your lordships to be unmindful of and to provide such punisbment, not as may his bodily sufferings.

be likely to correct, for it may be difficult to Lord Ellenborough.—Let the defendant be correct a mind so debased by avarice, and the committed to the custody of the marshal, and love of sordid lucre, as yours must be, but such brought up to receive the judgment of this as may warn others employed in the public Court on Monday next.

service, and teach them that honesty is the best policy, and that however practices of this sort may be concealed and unpunished for

a day, there are modes by which the most JUNE 19th.

artful may be detected.

We have heard in your favour testimony of Mr. Justice Grose.—Valentine Jones; you good character such as it rarely falls to the lot are brought here to receive the sentence of this of any human being to deserve. Under all court for the very great offence of which you the circumstances some of those affidavits aphave been convicted.

pear to be hardly founded in truth but if they [The learned judge, after stating the sub- be founded in truth, we can only lament that stance of the several counts of the indictment, you did not sufficiently value a good character of which see the abstract, at the commence to prevent your casting upon it a stain which ment of the trial, vol. x. p. 251, proceeded as

the constant efforts of the longest life can never follows.]

wipe away; and most assuredly, attending to

the times in which, and the modes by which, Such was the charge of fraud and peculation your frauds have been conducted, it is difficult which has been preferred against you, and to conceive that that character can be well deupon your plea of not guilty you were con- served. We are led to suspect it could be at. victed of it under circumstances which have tained only by the most consummate hypobeen fully stated in evidence. The facts were crisy. Be that as it may, offences of such perincontrovertible; they can leave no doubt of nicious example to the public can never pass your guilt; especially when we recollect that without signal punishment. There never has his lordship and the jury were most properly occurred in my practice an instance of fraud warned to dismiss from their minds the recol. so enormous. In your case we look in vain lection of all that had been improperly stated for any sign of repentance or any sense of upon the subject, and might have been seen by shame; for a mind so void of shame it must them in the publications of the day.

be difficult to affix an adequate punishment; The pernicious consequences of your crimes but others may be taught by your example a were so ably and lucidly explained in this lesson salutary to them and beneficial to the place a few days since by his majesty's attor- state: for this purpose, taking all the circumney-general, that it is hardly necessary for me stances of your case into consideration - This to make any comment upon them; indeed re- Court for the offence you have committed doth collecting the particular instructions you re-order and adjudge: ceived upon your appointment, and the very That you be committed to his majesty's honourable and proper advice given you from gaol of Newgate, and there be imprisoned another quarter, it is impossible to suppose for the space of three years; and this that you could be ignorant of your duty; and Court doth further order and adjudge, by one cannot but see the conscious guilt you felt virtue of the statute in that case made when you wrote that letter in 1802 to Mr.

and provided, that you be adjudged incaGlassfurd. In short, you stand convicted of

pable of serving his majesty in any office having illegally and corruptly appropriated or capacity, civil or military, whatever. to your own use, in violation of your duty and in fraud of his majesty, the sum of

* 42 Geo. III c. 85.

END OF VOL. XXXIII.

T.C. Hansard,

Printer, Paternoster row Press.

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