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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 panishwhich the expense of living is necessarily ment to be applied, I am sure the Court will great, in which life is pre-eminently uncertain, attend 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 ought not, I Mr. Atlorney 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 Com- 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 chadescription 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 occaproperly 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 painbefore 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 extoo 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 against the defendant, an application to punish as the crime he has committed de ought to have been made to the Court to posto 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 iheir 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 have 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 commispossible any change could happen in the pub- sioners that they published their report at the lic 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 diswere to walk the streets of this town, his 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 hardly think (almust 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' attentior, missioners would have been satisfied in delayand that is, the dreadful state of this gentle ing the performance of their duty of publishing 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. lordships' judgment.
Jones, why was not Mr. Rose called to contra. If there were the slightest reason to suppose dict Mr. Higgins ? that the publication of that report, and the It would be wasting your lordsbips time to effect which it produced in the public mind, observe further upon the sufficiency the had any connexion with the verdict of the jury evidence for the conviction, indeed
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 Me. of the guilt of the defendant-I should be the Jones, by his desire, to communicate to his first to request your lordships that he might the amount of the profits Mr. Higgins bad 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- amount of the profits Mr. Higgins made
, if duced, by the prejudice of the public, might Mr. Jones was not to share them? The not operate injuriously to him. But, my lords, terests of the two parties were in direct op it is impossible for a man possessed of even position to each other. The object of Mi. 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 the 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 imputes 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. Íliggins 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 bis 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 sed corwas himself a participator in the same fraud. tracting with him, be indebted to Mr. HigI 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 cal
. committed 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. Higgins we all know the different species of punishment and the case of a common accomplice. that may be inflicted. All ibat I feel justified in
But why do I waste your lordships time in doing, having done something of the same sont speaking upon this ? Mr. Hugh Rose was in in a former instance, is to point out those ciithe kingdom-he was attending the Court; cumstances of the case which may possibly inand 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 Nt. upon Mr. Rose as upon Mr. Jones, and gave Davison,* that he receiving a compensation Mr. 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.
Pranas PUNT !
pits of exte, ni thi aciunt u good.. by ole.
to, lori !"; ms, wà,et: in far: hihet 5418. It ,15 existent, it is fore, that is
lidi 1. of the greates Dit Wirawn! check frem tr - pulc. liuide oi thiest
ja lcied them r. withstand, this iacon Jerable com ; namiss.
putu10. M sion "puil this? juli ..
llen was to found! i claiouponkin...n 1 ht cousa
»;tu 10 Sewin D. Ssion; biju bir ritim textilu 1 Det le rem'1.6.atta herrit le pode a
1 perfusimned ; and yieldin?! al, With be, tha: thai levene civilians call anibertsitiktig
oftherinn 34 di restore the pay hi h.. Vì? * 1 , the curt corn dalir: Jurpiuttien ty lid 1, von ty przs67!! 2. ili nim por é chaser obim Wvu i have i uditeof that C5..!!, тісс ", ",
Tier c. , hud paid the toiletto di Davien, tidl. ?
1.2 to the 'inino at such the means is coveries ivcivil process, in atsanu pire de partidos por 11th it would hap bied wajuet si to visit in, cocina 1.!, monitin, 1171" Pit niet' an the shape ri ata, because he has TEC : i millon, mi gibi. curren That vorin thai sum of inney, an ) thetrut the layin 3.pste an sanoit, i menit. Inotice testhi o'ttin. of recove!ın Her
put a very .1!2*erials back that money. I roma erine, herefore, this witness, Wild aniel Hosp. To, ubiich u gi ie to your loiishi's fine, in my w of you just tor M. Higgins, wjuin bize case, Mr. Tuli stands will respect to this which you charged as won of five 141 n pey.
As !?12" sral tit. Janex eet', would you not hurt uur togt i for you Wis bound by highly top chi ce from others, vernment i pon the saire irms, *is at which was wanted in the supply the you not, heating purchased these things of this * roops: the prices at whicor de poliehaseid thuse inerchanis, 2: the same ilms have supplied gorus from otiers de cargar to the govern- tifo to government, cont. nting yourself whil SPI) , Iliert
r. Higgins to! mir five percent? Mr. Winier hesitated a little bave chat con mis anne muinori, for in answettig having thi question presse.. what nas el, that con ry voli i re. upon him, he was obliga i at last to say (and ceive tried pe Vani
Sul it froth it was not nesenry he should 37 mit) when dr. Jo,t's Os, te maken van h: - La reranly he would have done t.* ? counts with Mr. I
my jords, the cas: stauds tus ; that, for no afr. Higgins tisone priora ho trovo, vit. purpose whatever is an idding this tiirty and which he in
OVO !!! per cent profit, Vir, listy stands best an hetdore, k > Dirk ost half of Wint Vi. gaspiament and those for, who the in Higins states to bil is not is, amol's ang to V2:20.12 mai ved f.oured at a lot po sterlin Be charts that noiley !0
He adds in the rit. ** which ihty government as if he bud paid it, lut ja fact hu iniht have been reluaredi 10 few.mant, thing bala illver paid i rerer inter to pay it. thora per cent fir pula bilsin inrin b. inis is for your cord ships' cunsa. Itoe. It derived to giver at, fer tija ap, TX io pt i sat nat mody, it it is on initted that the maitkants who Ippin! M:. recuivi
by JD* froid g verumant, is Higgins would lave sich ger villid.is mont
J? by him to the use of the same price at inize seppiita 7.11, governot"! razli" 1.:) bern receivel Higgins, thet ruireant to taking 0 but the doi from goverulent air remot ato!). s'i 11.115,
T, 4 Pa'e can be allowed in hin: a chooses to take to biarlik ini.is other
tlar. Overnieut lave passe i to vovernment hi he pup'11 upon ine v 20. " for mimpy discussed upon and havin, taker it ít và this their a count. thin inchey hit, never did dis- ' price, he adds to it a poi't oi thay, burse, and the if he ha: receved it froin And why! not more to sat fy lloy ri. gwernalist he!!. re?. ved it 90 fully; if lords, but in order to be in the possibiled to 'n has not receive tit, lit never can recover it; i carry into executiva the cold, contri and u, my preview (of inc cast it rerrins | wb.ch the der want bid inade wir bir, etre acvil de' fror hun to (31) Ent it pront be derived fro the adren'sl" ile he has 10 credit, ur if he has not received il, be diided between nem
wat he any claun wrich !.ay suppose himself to all to rendi a mofety.slie first in si pret sve agruinst, soveron oni ne absuredly has not. ir. Jones, Erla rty v. what remained to I trust your lord his excuse mie for enter-Mr. Rose. ing somewhat arloan' ities consideration, My lords, 1:arc nceive any irad ber
sit apper vne that it migat :i,l,ing more tarily lule largely u or 28.1' yon jord 14 in corse.rg what sen intelis it tre poblı his such a tip IFT: Vit bou. Dis 'n Mr finns !! it only a smily to submit to
* lui. x p 211.
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 € frauds 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 as 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 er the case demands. At the same time I do inquire : it is only for us to consider die not desire your lordships to be unmindful of and to provide such punishment, 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 sech 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 dry 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 subbe founded in truth, we can only lament that of which see the abstract, at the commence the
constant efforts of the
longest life can never stance of the several counts of the indictment, you did not sufficiently value a good character
to prevent your casting upon it a stain which ment of the trial, vol. X. p. 251, proceeded as 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 de upon your plea of not guilty you were con- served. We are led to suspect it could be atvicted 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 petincontrovertible; 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 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
ce a few days since by his majesty's attor-state : for this purpose, taking all the circum: ne*g-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 deth collecting the particular instructions you re- order and adjudge : ceived upon your appointment, and the very That you be committed to his majestys 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 inca Glassfurd. In short, you stand convicted of
pable of serving his majesty in any ofice 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
we look in vain
* 42 Geo. III c. 85.
END OF VOL. XXXIII.