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COMMITMENTS FOR CONTEMPT OF COURT.

An account of the number of persons that were confined for contempts of the Courts of Chancery and Exchequer on the 11th July, 1820,-stating how many have died, or have been discharged, and how many now remain in custody. Also a like account of persons committed for similar contempts since the 11th July, 1820.

Total in custody on the 11th July, 1820 ...
Discharged since that period

Removed by habeas corpus to other prisons.
Died

Remained in custody on 7th March, 1827

Total number of persons committed for
contempts from 11th July, 1820 to 5th
March, 1827, inclusive
Discharged in same period.

32

18

1

8

27

85

Removed by habeas corpus to other prisons, 14
Died

....

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Remain in custody

4

103

20

SETTLEMENT APPEALS.

Statement of the number of Appeal Cases against Orders of Removal tried in the different Courts of Quarter Sessions in England, for the years 1824, 1825, and 1826, respectively; abstracted from the returns from the different counties and towns.

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PROCEEDINGS BEFORE MAGISTRATES.

THE theoretical severity of the Criminal Law of England, contrasted with the practical impunity of some offenders, and the consequent increase of crime, has long been a reproach to our Jurisprudence; another evil, as to the apportionment of punishment to crime, has arisen, almost of necessity, from the construction of the Courts of Quarter Session, and from the number of offences over which it has been the fashion of late years to give summary jurisdiction to Justices of the Peace. Every parish has its distinct law, or, which amounts to the same thing, every magistrate has his own peculiar views of the enormity of offences: one is the terror of vagrants, another of poachers, another of old apple women who unrighteously sell their fruit on Sundays; some take the poorhouse, some the ale-house, under their special supervision; but there is no Supreme Court which can practically bring these discordant elements into unity of action. The theory of the law indeed assigns this office in some cases to the King's Bench; but every day's observation shows the inefficacy of its control, even where it is called upon to act, and can act, and experience points out numerous evils in the administration of justice which even this tribunal of highest authority in criminal matters cannot remedy.

Our attention has been recently drawn to this subject by observing the disparity of punishment inflicted on offenders for the same or similar offences in different counties, and most specially by the utter disregard of the station and circumstances of the party in calculating the amount of fine or duration of imprisonment; this is, in some cases, the fault of the Statute Law, by which penalties of 51. and 50l. are unsparingly inflicted, without any provision as to whether they are to be levied on the Duke of Northumberland, of whose annual income they would form an infinitely small fraction, or on Giles Gubbins, the ploughboy, on whom a fine of 40s. may be a sentence of perpetual imprisonment.

The case which first excited these remarks was tried in January last at the Exeter Quarter Sessions, and was as follows:

"CHARGE OF ASSAULT.-Major Bacon, of the 17th Lancers, appeared to answer an indictment, charging him with having on the 28th of July assaulted Richard Chudleigh.

"Richard Chudleigh was the first witness called. He stated: on the 28th of July, in the evening, I was riding on my cart with two horses; I had proper leather reins to the fore horse; Northbrook-bridge is about 20 feet wide, and horses can pass through the water on one side. When I was at the top of the hill, I saw Major Bacon's carriage on one end of the bridge; there were others on the carriage besides Major Bacon, and some by the side of the carriage, as if doing something. My horses were going slowly on the proper side of the road; I was in the direction for going through the water, to

the left of the bridge; when I was about three or four land-yards off, one of the soldiers left the carriage, and ran towards me; he asked my name and my master's; he then caught hold of my fore-horse, on the right side of the head; I jumped off, and asked why he did so; he gave me a very heavy blow with his fist upon the cheek, and I was obliged to hold the horse on one side; then I had two soldiers on me, who beat me very much, cut my lip, and made my nose bleed. Major Bacon was on the carriage, and !ashed my horses with his whip; the soldiers beat me so I did not hear Major Bacon say any thing. The soldiers then went to the barrack-yard, some on the carriage and others on foot. I went to the barrack-yard to inquire the names of the soldiers, but they turned me out. There was another cart before me, driven by George Wyburn; he is now at home in bed; he had no reins, and his horses were in the water. When I went to the barracks, I saw Major Bacon driving round the yard, and he ordered the men to

turn me out.

"The evidence of the prosecutor was corroborated by several witnesses; one of them, John Bass, said he heard Major Bacon call out, "Pug him," or "Thrash him," he would not be certain which, thinks it was pug him, and they did so until the blood began to fly. Two soldiers were upon him. Major Bacon called out, “Take and drag him in the river, and that will silence him." Major Bacon was sitting on the box; saw him frequently strike the horses in the cart with his whip; heard two gentlemen who were passing observe he had no right to take the law into his own hand, as even if he had been without reins, he might be brought before the magistrates, and punished for it.

"Another witness, John Pridham, said he did not see the beginning; when he first came down he saw Major Bacon whipping Chudleigh's horses; when he passed on the other side he saw two soldiers beating Chudleigh; heard a voice from the box say, "Throw him into the water, and that will silence him;" does not know Major Bacon; there was only one person upon the box at that time.

"On his cross-examination he said the horses of Major Bacon were still; there were no men about the horses.; does not know how many soldiers, thinks there were two or three and a livery servant; he was not there two minutes before the carriage drove off; Chudleigh was blood all over.

"The Chairman read the whole of the evidence most distinctly and carefully to the jury.

"The Jury returned a verdict of guilty, and the bench, which consisted of ten magistrates, having consulted about fifteen minutes, the Chairman addressed Major Bacon. He said, the Court always acted dispassionately -they were no respecters of persons, and would administer justice whether the prosecutor was in the lowest rank, or upon a level with the defendant. The Court would have been glad to hear that something like an accommodation between the parties had taken place, which might have influenced them in their judgment;—in the present case, whatever fine was imposed, not one farthing would reach the pocket of the prosecutor, but would go to the Crown. It was painful at all times to pass a sentence, and he always felt regret in doing so, but he could remark, that whatever took place in that Court would not affect his (Major Bacon's) situation in life, as a gentleman or as an officer highly distinguished in his Majesty's service. It was the opinion of himself and his brother magistrates, that justice would be abundantly satisfied with a reference to all the circumstances of the case, by a fine of 201., and defendant to stand committed until the same be paid.

"A true bill was this day found by the Grand Jury against Major Bacon, of the 17th Lancers, for an assault upon John Long, of Honiton, on the 25th of December."

Having very fresh in our recollection the sentence passed by the Surrey magistrates on a Mr. Callagan, for laying a switch across the shoulders of Mr Saurin, nephew of the late Attorney General of Ireland, and son of a bishop, who also happened to be himself a clergyman, but so little inclined to take advantage of the character that he tore the reverend from his card, and remembering also the severe sentences of fine, and especially of imprisonment, which have been inflicted on humble offenders, we were most specially surprised at this sentence on a Major of Lancers, for one of the most aggravated assaults that ever was committed, viewing the relation of the parties, the total absence of provocation, and the situation of the persons (soldiers) ordered to aid in the outrage. If the report before us be correct, and its correctness has never been denied, the sentence can only be justified on one supposition. We must believe that 207. is the maximum of fine, and that the Devonshire justices never imprison for assaults. The chairman in his sentence refers to all circumstances, we find all the circumstances against the defendant. Let us, therefore, examine this even-handed justice, let us suppose that the carman committed the assault on the major, and from their presumed income, 148. a week and 1500l. a year (a barouche and four cannot be kept for much less) calculate the fine. We make it about 108.-if the carman could not pay it, what should be the imprisonment? The time he could make the money out of gaol, that is, somewhat less than five days!! Would that have been the sentence on Chudleigh, if he had beaten Major Bacon till "he was blood all over?"

One word more as to the compliment with which the chairman thought fit to mitigate this extraordinary sentence. "He could remark that whatever took place in that Court would not affect his (Major Bacon's) situation in life as a gentleman, or as an officer highly distinguished in his Majesty's service."

A Field-officer, bound to maintain military discipline, had excited his soldiers to commit a gross and unprovoked assault on a poor carter; the man goes to the barrack-yard in order to identify the offenders (we contend that every officer in the regiment was bound to aid this search), Major Bacon ordered the men to turn him out; the Devonshire magistrates are of opinion that this was conduct becoming the character of an officer and a gentleman!! We do not think it necessary to contradict them.

Here we intended to have left this case; but while our article was in the press an action by Chudleigh, the carter, against Major Bacon has been tried before Mr. Justice Park.

"The same facts were proved as in the above report; Mr. Justice Park, in his charge to the jury, is stated to have said the plaintiff was unquestionably entitled to a verdict, but he deprecated the course which had been

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taken in bringing this action, and considered the justice of the case had already been answered by the proceedings which had been taken in another Court."

The Jury found for the plaintiff damages 39s. which does not carry costs.

The next step in regular course is, that this unfortunate carter should be thrown into gaol for the costs which the jury, by their verdict, have disallowed him: he will there have leisure to suspect, that law is a luxury in which the rich and powerful may indulge with impunity; the poor must content themselves with admiring its beauties at a respectful distance. It is possible that he may hear of very different sentences and very different damages in other and similar cases, and he may wonder, as we do, what there could be in his particular instance which should consign himself, instead of the defendant, to a prison. The magistrates and the jury may be aware of some such peculiarity, and they are certainly entitled to all the justification which Mr. Justice Park's concurrence of opinion can give them; but we, who can only reason on what we see reported, and uncontradicted, must, in our ignorance of such peculiarity, remain unsatisfied, both with the judgment of the Quarter Sessions, the direction of the Judge, and the damages awarded by the Jury. It is quite new to us to hear a judge deprecate compensation for a civil injury, because the offender has suffered punishment for a breach of the peace; we have been accustomed to a contrary doctrine (b), and have not unfrequently heard a subsequent action or indictment recommended from the bench. We have observed also that there exists no inclination in the judges to discountenance as many actions or indictments as there may be offenders, though the offence be one and the same; in cases of libel, that concerning the Idiot Smith for instance, none of the learned guardians of

(b) Blackstone says, "And here I must observe, that, for these three last injuries, assault, battery, and mayhem, an indictment may be brought as well as an action; and frequently both are accordingly prosecuted; the one at the suit of the crown for the crime against the public; the other at the suit of the party injured, to make him a reparation in damages." But they manage these things much better in France, where both interests are secured under one proceeding; the party injured being allowed to interpose for damages in the suit of the public

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