greater degree, go hand in hand in all matters regarding the general interest of the Metropolis and its environs; making the suppression of crimes one common cause, and permitting no punctilio, regarding jurisdiction, to prevent the operation of their uited energy in the prompt detection of offenders. This, from the extended state of Commerce and Society, and the great increase of property, is now tendered a measure in which the inhabitants of the whole Metropolis, as well as the adjacent villages, have a common interest. It is an evil which affects all ranks, and calls aloud for the speedy adoption of sonte effectual remedy..

Trent Jurisdiction; and also, that two Police Offices should be established in London, upon the plan of the others, with Magistrates to be appointed by the Lord Mayor and Aldermen.

CHAP.

ON THE PROSECUTION OF OFFENDERS.

421

CHAP. XV.

The prevailing practice explained, when offenders are brought before Magistrates.-The necessary caution, as well as the duty of Magistrates in such cases explained.-Professed thieves seldom intimidated when put upon their trial, from the many chances they have of escaping. These chances shortly detailed.—Reflections on the false humanity exercised by prosecu tors towards prisoners.-Their rudeness and cruelty, when engaged in acts of criminality.-The delays and expences of prosecutions, a great discouragement, inducing sufferers to put up with their loss, in silence.— How the inconvenience may be remedied.—An account of the different Courts of Justice, appointed for the trial of offences committed in the Metropolis.Five inferior and two superior Courts.—▲ statement, shewing the number of prisoners convicted and discharged during the last year.-Reflections on this sad catalogue of depravity.-A radical defect somewhere.-The great purity of the Judges of England. -The propriety of a co-operation with them, in whatever shall tend to promote the ends of Public Justice.--This object to be attained, in the greatest possible degree, by means of an authorised Public Prosecutor.-The advantages of such an institution, in remedying many abuses which prevail in the trial of offenders. From 2500 to 3000 persons committed EE 3

for

for trial, by Magistrates, in the Metropolis, in the course of a Year.-The chief part afterwards returned upon Society.

ARRIVIN

RRIVING at that point in the progress of this Work, where persons accused of offences are detected and brought before Magistrates for examination, ultimately to be committed for trial, if the evidence shall be sufficient;-it is proper to explain the prevailing practice under such circumstances.

The task, in this case imposed upon the Magistrate, is arduous and important; requiring not only great purity of conduct, a profound knowledge of mankind, and of the common affairs of life; but in a more peculiar manner those powers of discrimination which may enable him to discover how far criminality attaches to the party accused; and whether there are grounds sufficient to abridge for a time, or ultimately to deprive the prisoner of his liberty, until a Jury of his country shall decide upon his fate.

It frequently happens that persons accused of crimes are apprehended under circumstances where no doubt can rest on the mind of the Magistrates as to the guilt of the prisoner; but where the legal evidence is nevertheless insufficient to authorize an immediate commitment for trial.

In these instances, (while he commits pro tempore,) he is called upon in a particular manner to exert the

whole

whole powers of his mind, by adopting such judicious measures as shall be the means of detecting the offenders; by discovering the goods or property stolen, or by admitting such evidence for the Crown as may, with other corroborating testimony, prevent the ends of justice from being defeated..

Where a Magistrate proceeds with indefatigable zeal and attention, and at the same time exercises good judgment, he will seldom fail of success: for in this case a similar spirit will animate the officers under his controul, whose activity and industry are generally in proportion to that manifested by their superiors.

Much as every active Magistrate must regret that deficiency of pecuniary resource,, which, under the present system, prevents him from rewarding those who must occasionally be employed to detect notorious offenders, this circumstance ought not to abate his zeal in any respect; since by perseverance, it ge. nerally happens, that every good and proper arrangement for the immediate advantage of the Public, may be ultimately obtained.

The Magistrate having done his duty by committing an offender for trial, satisfied of his guilt and the sufficiency of the evidence to convict him: and having also bound over the prosecutor and the witnesses as the Law directs, to attend the Grand Jury, and (if a bill be found) to prosecute and give evidence upon the indictinent; it might appear to the common observer, that the culprit's case becomes hopeless and forlorn.

This, however, is by no means a stage in the progress that intimidates a professed thief; he feels and knows that, although guilty of the crime laid to his charge, he has many chances of escaping; and these chances unquestionably operate as encouragements to the commission of crimes.

His first hope is, that he shall intimidate the Prosecutor and Witnesses, by the threatenings of the gang with whom he is connected ;-his next, that he may compound the matter; or bribe or frighten material witnesses, so as to keep back evidence; or induce them to speak doubtfully at the trial, though positive evidence was given before the Magistrate; or if all should fail, recourse is had to perjury, by bringing the Receiver, or some other associate, to swear an alibi.

Various other considerations, also, operate in strengthening the hopes of acquittal; partly arising from the vast numbers who are discharged or acquitted at every Session of gaol-delivery; and partly from the carelessness and inattention of Prosecutors, who are either unable or unwilling to sustain the expence of Counsel to oppose the arguments and objections which will be offered in behalf of the prisoner or are soured by loss of valuable time, experienced, perhaps in former prosecutions;*-or ultimately

* It is true, that by the Acts of 25th Geo. II. cap. 36, and 18th Geo. III. cap. 13, the expences of the prosecutors and witnesses are to be paid; and also (if the parties shall appear to be in poor circumstances) a reasonable allowance made for trouble and loss

of