« ForrigeFortsett »
of fresh air, and to take as much exercise , trates, that Petitioner should be allowed as I could bear. Such has been the opi- the air and exercise recommended by the nions of Doctors Lipscomb, Wright, and Poysician, but still Petitioner has been Stanton, whom I have consulted in Lon- allowed only one hour each day, namely, don; and such also is the opinion of the from one until two o'clock; and if it rain Physicians to whom I have had occasion to at that period he is not permitted to go resort since my arrival here, and whose out at any other hour, his application to certificate is annexed. Such treatment as that effect having been peremptorily re- I complain of is, I am persuaded, as con- fused. Upon one occasion, indeed, Petitrary to the intention of the Judges by tioner being severely afflicted by a head. whom I have been sent here, as it is, I ache, to which he has been subject for submit, inconsistent with that to which some time back, sent a request to the any man committed for a misdemeanor, gaoler that he might, in consequence of ought to be subjected.”
bis illness, be allowed to go into the air of • That about a week after the Petition. the Castle-yard, even for half an hour, in er's arrival here, he was, in consequence lieu of the hour from one till two o'clock, of this remonstrance, visited by the ma- but this request was rejected. That this gistrates, one of whom, in the course of allowance of air and exercise granted to conversation, observed, that they (the him, Petitioner most sensibly feels, and magistrates) could not compel the jailor bis medical attendant has so represented to accommodate Petitioner with rooms in it, but in vain. the front of the prison; adding, that he “ That there are various other instances understood another person confined for a of oppression and injustice, of wbich Petilibel (whom he wamed) paid three guineas tioner has to complain, but by the repetia-week for his accommodation in another tion of which he does not think it right to prison. To this observation Petitioner trespass upon the patience of your Hosaid, that he could not atford to pay so nourable House. Your Petitioner, how. much; upon which another of the Magis- ever, cannot overlook this circumstance : trates observed, that his (Petitioner’s) sub- that aboui a fortnight after his arrival scriptions “ were likely to be considera. here, a person who came from London to ble.” In a few days after this visit, Peti- attend him in his illness, was excluded tioner was allowed to take exercise for from the prison, and a prisoner appointed three hours each day, which, according to 10 attend him, whose integrity be bas his request, was fixed at from eight to cause to suspect; but whom, nevertheless, nine in the morning, from one till iwo in he cannot dismiss, because no other perthe afternoon, and from five till six in the son will be admitted, even the person who evening. But this arrangement was soon dresses his victuals being refused admitafter altered, and an order issued, that tance. That under such circumstances such Petitioner should take exercise for 3 Petitioner appeals to your Honourable hours in succession, namely, from eleven House for relief, trusting that you will not till two o'clock. Against this order Peti- sanction such severity as cannot be justioner again remonstrated; but the orders titied by the sentence passed upon bim, respecting the treatment of Petitioner such as he presumes to assert was not in have throughout varied in such a manner, the contemplation of the judges by whom as to justify Petitioner in stating, that that sentence was passed, such as is they are dictated by a spirit of oppression. wholly unusual in this country.-Peti
That, for a period of nearly five tioner particularly and earnestly requests weeks, Petitioner was not allowed to go that your Honourable House, in consideinto the area for the enjoyment of air and ration of the very weak state of his healıb, exercise at all, in consequence of which and the aggravation of his complaints, by his health suffered so severely, that the the mode in whi he has been hitherto medical Gentleman who usually attended treated, and which, if continued, must him, thought it necessary to call in ano- terminate in incurable disease, will be ther physician; and Petitioner despairing graciously pleased to take such steps that of any redress from the Magistrates, had Petitioner may be fortlıwith removed into the certificates of these two Gentlemen an airy apartinent, and allowed the air Lransmitted to the Sheriff, copies of which and exercise necessary for the re-estabcertificates are hereunto annexed. The lishmen: and preservation of his bealıb Sheriff in reply, as Petitioner understands, that such apartment may be easily afcommunicated his opinion to the Magis- forded him, as there is room amply suf
ficient in the front of the jail, the jailer.
Copy of Dr. Faussett's Testimony. having set apart 13 rooms for his own use, while his family consists of only three Being called upon, in my professional persons.
capacity, to visit Mr. Peter Finnerty, in “ Petitioner begs leave to represent to the Castle of Lincoln, I found him affected your Honourable House, that on or about with many severe complaints, arising from ihe 27th of May last, a Petition, couched disease of the digestive organs, with which, in terms such as Petitioner hopes were re- from his own testimony, he has at different spectful, and signed by your Petitioner, times before, when deprived of the oppore was transmitted through the Secretary of tunity of air and exercise, been in a slighter State to his Royal Highness the Prince degree affected. From the testimony, Regent, representing the situation of Pe- also, of Dr. Charlesworth, who has attendtitioner.
ed Mr. Finnerty during the greater part “ 'That Petitioner has waited in the of the time he has been here, these comhumble hope of meeting redress, through plaints existed to a considerable degree of the clemency of his Royal Highness; but severity in his first coming, but almost enhaving this day heard that the Secretary tirely went off, on his being allowed a of State for the Home Department, owing freer air, and more extended place of to some delay, which to your Petitioner, exercise. -Within the last three weeks, suffering under such privations, appears since he has been again more closely con. extraordinary, has not yet been able to ob- fined, they have returned in a much ag. tain the information which he professed it gravated form.-It is my opinion that there his duty to seek, previously to his offering is little or no chance of his health being bis advice to the Regent upon the Peti- restored, without a freer allowance of air tion presented. Peritioner therefore fear- and exercise than the confined court to ing the speedy prorogation of Parliament, which he is at present restricted, will ad. has submitted bis case to the consideration mit of, but, on the contrary, every prosof your Honourable House, not from any pect of his complaints going on increasing. doubt of the justice or clemency of his
(Signed) Joux FAUSSETT, M. D. Royal Highness the Prince, upon whose Lincoln, April 29, 1811. liberality he has the utmost confidence ; but from the impatience of a man unjustly 4 Copy of Dr. Charlesworth's second Testioppressed, and suffering under the pains
mony. of disease, brought on by the treatment After presenting, as addressed, the subhe has received.
joined testimony, Mr. Finnerty was pero “ All that Petioner requires, is an airy 'mitted to walk ihree hours a day in the apartment, with the opportunity for air area surrounding his prison; and in a week and exercise, which the prison yard affords. 'or ten days after that time, was so far re• And Petitioner will ever pray, covered from his complaints as to render a
“ Peter FinnERTY.” | continuance of my visits unnecessary.-“ Lincoln Castle, June 10, 1811.
Immediately upon his return to close cor
finement, my professional assistance was A Copy of Dr. Charlesworth's firse Testimony again required, and in the course of three to the Niagistrates of the County of Lincoln.
weeks, I find all his former symptoms not
only returned, but greatly aggravated. Being professionally consulted by Mr. Under these circumstances, it is my opiFinnerty, I am called upon o state my nion that the same or a stronger necessity opinion, that his health already much of fresh air and exercise exists than did at impaired, must materially suffer from the the time of my former application, 'of confinement to which he is now subjected, which the following is a copy. (Signed) and from the alleged coldness of his room ;
E. P. CHARLESWORTH, M. D. and that a warm room and every possible Lincoln, April 2), 1811. advantage of fresh air and exercise are indispensibly necessary, not only for the Mr. Ryder stared, that he had that day chance of his recovery, but even for the received a letter from the High Sheriti, preservation of his present state of health. the delay of which was owing in his have -I have the hour to be, Gentlemen, ing been in town, and having left direcYour most obedient Servant,
tions behind him, under the expectation (Signed) E. P. CHARLESWORTH, M. D. of an inmediate return, that bis letters March 1,1811.
should not be sent after him. It informed
him (Mr. Ryder,) that Mr. Finnerty had believe he stated that a friend of his had at first enjoyed only one hour of exercise been denied access to Mr. Finnerty. in the open air, which period was after- Mr. HUTCHINSON thought that the alle. wards extended to three. This indul- gations contained in the Petition were of a gence, however, it was found necessary to nature that required an answer very diffewithhold, in consequence of the extreme rent from that which had been as yet irregularity and impropriery of his con given. There could be no doubt that Mr. duct, and which was stated io be of a de. Finnerly had entered the prison in which scription not inconsistent with he was now confined in a state of health decorun than with the rules and discipline much impaired—a circumstance which in of the prison. Ile was in possession also itself ought to have been sufficient to of certificates contrary to those mentioned have ensured Nir. Finnerty every possible by the lion. Gentleman. He bad, how- indulgence consistent with his situation. ever, no objection to make every furiher Indeed, he thought that this might have inquiry necessary to prove whether it was been rendered without any very extraora possible to relieve the inconvenience com- dinary exercise of humanity. But instead plained of. His Noble Friend (Lord Cas- of this, it appeared that he had been treated ilereagh) had, it was but just to say, ma- with downright cruelty. It was, indeed, rifested every desire to render the con- a statement of cruelty so excessive, that finement of Mr. Finneity as mild as was in his opinion it would be to the disgrace compatible with the sentence.
of the House if they suffered it to remain Mr. WHITbklad said, he knew not what upon their Table uncontradicted and unMr. Finnerty's conduct might have been; remedied. There were some parts of the huithe charge rested entirely on the au- Petition to which the Right Honourable thority of che letter received by the Right Secretary had given no answer-one espeHonourable Gentleman. But even if this cially, wbich appeared to him to require was the case, he could not see why he the fullest explanation, if indeed it could should be di nied airy apartments. The admit of any—and that was, that the certificates which he had received were gaoler, with but three in family, monopo. signed by three very respectable Physi. lized to himself the exclusive use of thircians (we believe Drs. Lipscombe, Charles- teen separate rooms; while Mr. Finnerty, at worth, and Taylor,) and were therefore en- the manifest risk of his life, was to continue titled to beliei. The observations of the tor eighteen months confined in a damp and Magistrates, as recorded in the Petition, noisome cell. He would ask, was this to were under any circumstances highly im- | be endured?-(Hear!) Was it to be enproper (Hear!); nor a want of dured that a gaoler was thus to assume money a just reason for adding to the ri- the power of making an infinite difference gours and
severity of the punishment of between punishments which the Courts of any offence. The conduct of the Sheriff | Law originally meant to be the same. likewise was very indiscreet.
(Hear!) Upon what ground did this Sir Francis BERDETT did not know what gaoler take it upon him to refuse Mr. Finpowers were vested in the Magistrates or nerty's friends access to him ? Was this a Gaoler to convert the Prison into a House part of his sentence ? and were they to of Correction, and inflict solitary confine- leave Mr. Finnerty in such a precarious ment at their discretion. This appeared state of health as he then was, to the disto have been done in this instance, and an cretion of a man who seemed so capriacquaintance of his had informed him, ciously and cruelly to have abused bis that in passing through Lincoln, he had trust?" He felt liimself bound to entreat, wished to see Mr. Finnerty, but was re- from the Right Honourable Secretary, fused admittance. It likewise seemed to some distinct declaration upon this part of him that the Secretary of State was not a the subject, pledging himself to interpose pro per person to be appealed to, or any of his authority, in the remedying what apin execuiive Minisiers of the Crown.-peared to be a system of oppression. AnoEoigh iad certainly been said to induce ther circumstance, not very satisfactorily the house to take ine Petition into full explained, was the great lapse of time con 11 vos, and extend to the Prisoner that had intervened between the time of all the rolie: and accomodation that was the letter of the Secretary of State to the consis'e it with the name of the sentence. Sherill, and the receipt of the Sheriff's
Mr. Badington said a few words, but answer; such delay might have been of in a tone inaudible in the Gallery. We fatal consequences in cases where the
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health of the individual aggrieved had / years employed in this great city in a more rapidly declined. --As far as the way most flattering to his literary talents, present question personally related to Mr. and, he believed, as productive in point of Finnerty, he confessed that he was one of emolument as it was honourable. What those who did not think it the less deserv- then must have been the sufferings of this ing their attention on that account. He unfortunate gentleman, not only to have did not stand forward to defend Mr. Fin- been thrown into gaol for eighteen months, nerty's violation of the laws of his coun- but to be banished to so remote a distance try, for which violation he was now mak- as Lincoln, from the scene of his industry, ing so severe an expiation; but however and thus cut off from his literary connecculpable Mi. Finnerty had been, he (Mr. tions, and perhaps the means of common H.) could not forget that Gentleman's subsistence (Hear!)? Under all the cir
At a very early age, when a cumstances of the case, he thought it most mere boy, he began the world by turning particularly deserving the attention of the the advantages of a good education into House. He concluded, by entreating of the means of honourable subsistence for the Right Honourable Secretary to take himself and family; it was his misfortune the most speedy and effectual means of while yet a boy, to live in times when it putting a stop to the system of oppression, was criminal to complain of oppression - by which Mr. Finnerty appeared to have times which every honest and honourable been so shainefully persecuted. mind must have witnessed with indignant Lord Castiereagh said, that his Right regret--times in which such a system of Honourable Friend, the Secretary for i he oppression and persecution was pursaed, Home Department, bad done him but jusas must, if persisted in much longer, have tice in giving bin credit for his wishes, ended in the ruin of the country-in such respecting the mitigation of Mr. Finnerty's times, and under the impulse of those feel. suderings. When he had first heard of ings which they were but too well calcu- that gentleman's application upon that lated to excite in every ingenuous mind, subject, he did not feel himself prohibited did Mr. Finnerty pass the limits of ten. from interposing with his Majesty's Goperate discussion, and so bring down upon vernment, for the immediate and effectual himself the weighty visitation of the law. repression of any undue severities which To this ofience Mr. Finnerty had been led might have been experienced by Mr. Finby those sentiments which in periods more nerty (Hear, hear!). In claiming every favourable to the cause of liberty, have exemption from such oppression, he distinguished the brightest chacarters in the thought that the Petitioner was asking not history of this coun ry: He had been in for indulgence, but for justice. (Hear, that instance, as well as in a subsequent one, heur !). Neither could any proceedings right in principle, a rooted atachment to that might be taken in consequence of the cause of his oppressed country was that this Petition, be considered as a mark of principle, and it was a principle from indulgence to the Petitioner, it would be which, however punishment might re
in effect but remedying a wrong, restoring motely flow, disgrace never could. In this Mr. Finnerty to a right. In saying this country, as in his own, the same principle much of the motive of the present applihad led him into the commission of a si- cation, which appeared to him, if Mr. Finmilar offence. He had in both cases told neriy thought himself aggrieved, to be a the truib beyond the licence of the law, very justifiable appeal, (Hear, hear!) he and in this case, as well as in the former, could not help alluding so far to the rehe suffered in the cause of his country, more cause of the Petitioner's present siwhich was the cause of truth and justice. tuation. He (Lord Castlereagh) had not, He thought it, therefore, extremely harsh be trusted, been remarkable for following that a man so suffering for telling the up with any vindictive animadversions, attruth, unjustifiably should be classed with tacks of a certain nature, but the one the greatest culprits and felons in the ad- made by Mr. Finnerty, was, he must say, measurement of his punishment, at the in- so gross a libel, not merely personally solent discretion of a gaoler. (Hear!) upon him, but upon the Administration in There was besides a circumstance in the general of Ireland at that time, that he sentence of the Court on Mr. Finnerty, thought his passing it over in silence might which must have operated with peculiar have been misinterpreted as a tame acseverity in his case. It was well known quiescence in the truth of charges so exibat Mr. Finnerty had been for many tremely heinous. He had, therefore, no
alternative left him, but such an acquies- | there were any sanction of it to be found cence, or the discharge of a painful pub- in the laws of England--but be that as it lic duty; in the discharge of it he had might, if there was such a distinction, was been influenced by no private motive. the imposing of it to be left in the hands The House would do him the justice to of a gaoler? (Hear, hear!)-this would be admit, that in attacks of that kind, merely a power beyond any thing exercised by affecting himself personally, he had not the King's Bench. That Court sentences proved himself extremely querulous; one man to twelve nionths imprisonment (Hear, heur!) but in the present case had -another to eighteen-another to two he passed it over, he should have really years—but what is the difference of a few thought himself guilty of a great breach months more or less confinement, comof public duty; that duty, however, hay. pared with that of solitary continement in ing been now discharged, he should have a felon's cell, shut out from every intergreat pleasure in forwarding every means course, and even the means of earning for the removal of any oppressive usage, subsistence withheld; and was this fearwhich the Petitioner may have expe.ful discretion to be left to the whim of a rienced. (Hear!) Nor indeed should he gaoler? (Hear!)-This was not the case have been unwilling to have been instru- of a private individualmit was the case of mental in applying to the fountain of the public-this was putting into the mercy, had not the repetition of Mr. Fin- hands of every gaoler the severest punishnerty's assertion of the truth of his statement that could be inflicted on a British menis of torture, &c. in the Petition now subject short of death. Another considerupon their table, tied up his hands effec- ation was, that the punishment of the rich tually from any such interposition. It did man would be essentially different from not however preclude him from joining that of the poor man, though confined for with the House in providing that the the same offence, and under the very wrongs of which the Petitioner com
sentence-(Hear, hear!) – from plained, should be redressed.-Having said gaolers it might not be so wonderful—but so much upon the question, as affecting wh were they lo say to Magistrates irho Mr. Finnerty and himself, nothing that could have the face to tell this wretched had fallen from the Honourable Gentle man, that for three guineas a week more man who spoke last, should tempt him 10 he could be accommodated with a better go then into the discussion of the conduct apartment? What! was this language for of the Irish Government during the times Magistrates, who officially stood between so warinly alluded to; but this he would the prisoner and oppression, to make use take the liberty of saying, that upon that of in answer to an application for redress? guestion, when brought before Parliament (Hear, hear, hear!; This was a circumin a way likely to be subservient to the stance which could not rest ibere; it was purposes of truth, he should be prepared certainly very late in the Sessions, but to meet that Honourable Gentleman, or even so he thought that this fact and any other, and in prove to the satisfaction others, particularly the power so shame of the House and of the Country, that the fully usurped by ihe gaoler, ought to be general conduct of the Irish Administra- made the ground of a parliamentary en. tion (hie spoke not of individual instances quiry. (Hear, hear!) He never read the of cruelty, which nothing could justify), I libel on the Noble Lord, but if it was as was at that time fully justifiable.
bad as that libel upon the Magistrates, he Sir Samuel Romilly said, that this ap-scarcely knew what punishment could be peared to him to be a case of the very last too excessive. He repeated that he importance; there was one material fact thought the conduct of the Magistrates did which had not been at all explained by furnish a ground for parliamentary inhis Right Hon. Friend (Mr. Ryder). quiry. When this person was sent to the castle of Mr. William Smith said, that bis Ho. Lincoln, there to be confined pursuant to and Learned Friend had said every thing sentence; the gaoler locks him up in a so- he meant. to have said upon the subject. Ditary cell appropriated to felons-upon If the gaoler can put a man in solitary what authority did the gaoler venture to confinement, how is that man to get res do this ?--the prisoner was not sentenced dress? He gives
, perhaps, a letter to the to solitary imprisonment-a punishment turnkey to put in the post-office, and he concerning which, however, he believed, throws it behind the fire-how then is there were no small doubts, as whether to be known? The man may die, and the