COURT OF KING'S BENCH,

14th JUNE, 1809:

Mr. Attorney General.-I am to move your lordship for the judgment of the Court against Mr. Valentine Jones.

· Mr. Dallas.-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 Ellenborough. 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 Affidavits 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's service in the West Indies, had 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 fleet 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 which 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 contains the trial itself; but as they have since been recovered, they are here inserted.

an end to his life; that this depocent, however, still animated by zeal to do that duty which had been so particularly re quired of him, lost as little time as possi ble, when he had sufficient strength, in going from Portsmouth to Falmouth, and there embarking in a packet for the Wat Indies that on his passage the deponet was again attacked by severe illness from the gout; but finding, on his arrival at Ba 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 armament on the 26th of April at St. Lucia, and entered on the duties of his office, without regard to personal suf fering, 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 general 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 connec▪ tion with the chain of islands wherein the said troops were stationed; and accord ingly 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 cont 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 Demarara and Berbice to his majesty's arms; and further, from the said commander in chief having expressed to this deponent that he could not do better than employ the said Matthew Higgins.

And this deponent saith, that by the first contract for vessels which the said Matthew Higgins had with quarter-mastergeneral Knox, he was to provide for the pioneers of the army, which part thereof this deponent would not renew, but consulted the interest of government in altering the same.

And deponent further declareth and saith, that during the whole time the said Matthew Higgins continued to furnish supplies, he, the deponent, never did, directly or indirectly, take any steps to enhance the profits thereon or interfere therewith for his own ultimate benefit; always believing that the public service was benefitted by the manner in which the business was done. And he believes that if he, this deponent, had not confined himself so much to the said Matthew Higgins, but had purchased generally of the merchants, the articles would have cost government in the aggregate as much as was charged by him the said Matthew Higgins. And this deponent verily believes the same, from his observation at the time and inquiries since."

And this deponent further saith, that he most solemnly declareth, that with the accounts of the said Matthew Higgins, made out for his agency, he had no connivance in fraud, if such there be, and that he was perfectly innocent of any delusion in the mode of making out the same by the said Matthew Higgins or his sub-agents for any sinister motives; And that he, this deponent, cannot be charged with any fiction or deception whatever to the injury of the public on his part, with regard to such accounts, as the contents thereof are all duly fully and specifically debited to this deponent in kind, and the consumption thereof accounted for by him, and himself made responsible therefore.

And this deponent here further saith and declareth, that the letter written by him to John Glassfurd, deputy commissary general (which from misconception of its contents and a mistaken construction of its terms has been deemed injurious to him and dictated by conscious misconduct) has no connection whatever with his dealings with the said Matthew Higgins, or any bearing on the case in which he is implicated with him, as the terms used in that letter do not in anywise apply to provisions, or bills for provisions, or purchases or transactions between him and this deponent; but that the said John Glassfurd having had chiefly under his direction that portion of the business which appertained to deliveries to the VOL. XXXIII.

issuing commissaries, for the purpose of literally feeding the troops, and the receiving their returns and vouchers, and this deponent having under many difficulties been obliged to make up the accounts finally from imperfect papers transmitted to him by the said Glassfurd (papers which the secretary himself of the West India commissioners had in charge for the deponent and knew the mutilated state of), had nor could have no other meaning than that the said deputy commissary general should not, by any new statement alter the official mode by which deponent had arraigned the imperfect documents before furnished by the said Glassfurd himself: and the suggestion that the said deputy might not remember points of business so long gone by, arose from the conviction that he literally and truly could not (by reason of the difficulties with which the complicated and multiplied vouchers in detail had been collected by him) bear them in remembrance; for this deponent saith that the vouchers here described relate to the serving out in the fields, on marches, on the water, in quarters, and in every possible circumstance of the service, to the amount of upwards of twenty millions of rations issued, and to the accounting for every pound, ounce, gallon, pint, or more minute delivery.

And this deponent on his oath further saith, that he never intended by any expression in the aforesaid letter to prescribe to the said deputy commissary general what he should say as a witness upon oath; nor could the deponent fear any thing from him in that character; which the deponent is warranted in saying, nothing having been produced from any examination of the said John Giassfurd against him, this deponent, in his office of commissary general, his department in which fell under the constant observation of the said John Glassfurd.

And the deponent saith that he has not only rendered accounts and vouchers long since for the issue and expenditure of every species of stores coming to his hands in any way, but that in six weeks after his return to this country (that is to say on or about the 14th day of August 1798) this deponent delivered in accounts and vouchers for all the expenditure of cash and bills of exchange which had passed under his direction to the amount of more than two millions sterling, and that as soon as he was required by the lords commissioners of his majesty's treasury to pay the balance due from him to the public, he, this deponent, did pay the same without hesitation, in the manner ordered, in six months after his return from his official station in the Leeward Islands.

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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 inflict.

And this deponent further 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 witness 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 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 manner, 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 which time he hath been intimately acquainted with him. And this de ponent saith he hath known many istances of the said Valentine Jones's cellent qualities as a member of socie and he hath always esteemed him asi 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, maketh 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 Island 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 himself 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, that 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 wa looked upon as a person of very estimabl character.

The Reverend John Brome, A. M. (g present of Welbeck-street in the county of Middlesex, and a member of his majesty's council in the Island of Brbados), maketh oath and saith, that be personally knew the above-named defendant Valentine Jones for several years during his residence 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 car rectness and propriety.

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, that 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 afflicted, and from which attacks he 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 atmosphere, 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 Farquhar, 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 he hath often visited him in consequence of the said Valentine Jones being afflicted with violent gout, and the unpleasant consequences 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