COBBETT'S WEEKLY POLITICAL REGISTER.

VOL. 73.-No. 4.]

LONDON, SATURDAY, JULY 23RD, 1831.

"As the partridge sitteth on eggs, and · hatcheth them not; so he that getteth "riches, and not by right, shall leave them "in the midst of his days, and at his end "shall be a fool."-JEREMIAH xvii. 11.

[Price 1s. 2d.

knocked down by poor Cook on the Friday, the 19th of November. On the Saturday, the 20th of November, plenty of people saw him walking in Winchester streets; on Monday, the 22nd of November, he was presented at the King's Court. With regard to the fact of the knocking down, the "Mirror of Parliament" reports, that, on the 8th of February last, Sir THOMAS Denman, the Attorney-General, said, that poor Cook was a carpenter; that he was earning thirty shillings a week when he joined the outrages; that BINGHAM BARING'S father was Cook's benefactor; that a man's arm was broken in attempting to give Baring a second blow; and that if it had not been for this preKensington, 11th July, 1831. vention, a valuable life might have been Bingham BaringG, FRANCIS THOMAS lost to the community! How base a BARING, the REVEREND ROBERT tissue of falsehoods this was; WRIGHT, Junr., WILLIAM NEVILL of Easton, a lieutenant in the Navy, and CHARLES SEAGRIM, an Attorney, partner of WOODHAM, the Clerk of the Peace for Hampshire.

MR. DEACLE'S CASE.

what an

atrocious libel on the memory of poor Cook it was, I proved upon my own trial, the other day; and the clear proof will be seen by all those who read a report of that interesting trial, which will contain all the documents necessary to the elucidation of what I stated.

These men had an action of trespass brought against them at the last Winchester Assizes, by Mr. DEACLE of Mar- This, then, is that very BINGHAM well Farm, in the same county, being BARING, for committing an assault about six miles from Winchester. Before upon whom, without injury to him, a I proceed further, let me notice that this poor ploughman was hanged, by order W. BINGHAM BARING, who is named of the Special Commission, instituted after his grandfather of Philadelphia- by the present Ministry. Let me now fame, and who was not a little famous give a report of the trial in the case of in the transactions of his life; this W. Mr. DEAcle. BINGHAMI ARING, whom the reader will find to he hero of the piece, is the same ideal BINGHAM BARING, for an alleged kocking down of whom, poor Micheldever, a lad of nineteen

Cook years of

ge, the son of a poor man, wased last January, by order of the S Cal Commission, consisting of the iges VAUGHAN, JAMES PARKE and DERSON, and of the DUKE of WELLINGTON, STURGES BOURNE, the renowned Serjeant WILDE, and the not less renowned Sir THOMAS DENMAN, the present Attorney-General. It was alleged that this BINGHAM BARING was

DEACLE V. BARING AND OTHERS.-This was

an action of trespass brought by the plaintiff the son of a respectable clergyman in this county, to recover compensation in damages from the defendants, Mr. Francis Baring, a magistrate and member of Parliament; Mr. Bingham Baring, son of Mr. Alexander Baring; Captain Nevill, the Rev. Robert Wright, jun., and Mr. Seagrim, an attorney, for a false arrest and false imprisonment. It arose out of the unfortunate tumults and riotous assemblies that some time ago disturbed the country.

Mr. WILLIAMS (with whom was Mr. EARLE) stated the plaintiff's case. The investigation, was one of very great importance, not only to the plaintiff himself, but also to every member of the community, and the jury were impas

E

nelled to determine whether these gentlemen, finally handcuffed them one to the other. bearing the rank and station of magistrates, Mrs. De cle wished to put her bonnet and should be allowed, with impunity, to demean shawl on, but Mr. Bingham Baring said he themselves in a manner, without any excuse, "could not wait," and again said, "Constable, not befitting their occupation, and such as do your duty." Mr. F. Baring then said he gentlemen and men of honour would be did not see any necessity for having the lady ashamed to act, towards the plaintiff, the son handcuffed. Not having my key with me, of a most respectable clergyman, who was Mr. Baring slipped her hand out of the bolts. himself to have been brought up to that pro- She is a small delicate woman, and did not fession, and who had graduated with honours appear in good health at the time. Whilst at the University, but who, preferring agricul- we were, in the house Mr. B. Baring produced tural pursuits, had abandoned the church, a pistol, and put it to the head of a man who and now occupied a large farm in this county. had hold of Mr. Deacle's gun, and desired him The learned counsel then stated the facts of to give it up, which he immediately did, and the case as they afterwards appeared in evi- Mr. Baring poured some water into it. Mr. dence. He was fully sensible of the protec- Deacle said, "Don't spoil my gun; there is tion the law threw around magistrates while no necessity for that, I am quite ignorant of in the execution of their duty; nor would his this business." I then took Mr. Deacle into respectable client, if the gross injury he had the yard; he there saw Mr. Seagrim, and said, received had arisen from inadvertence, have "I know you; for God's sake, what is all brought this action; but such was not the this about? I am innocent." Mr. Seagrim case. These gentlemen had acted without replied, "I dare say you are." We then went the slightest excuse in common sense and to the cart, and Mr. Baring, with one of the humanity, and in total violation of the laws of constables, brought out Mrs. Deacle. She the land. The plaintiff had been put upon said, "I cannot ride in such a conveyance as his trial for the charge on which he was taken that," and begged to be allowed to ride. The and acquitted. His attorney afterwards wrote cart was a common coal-cart, and had no to Mr. Baring, and he received in answer such a springs. The road was very rough. Mr. B. letter as he (Mr. Williams) would rather have Baring ordered me to trot, which made the cut his finger off than have signed his name to, cart shake very much. Mrs. Deacle frequently written, as it was, to a man whose heart was said, "It hurts me so I really cannot ride." bleeding, and whose reputation was hurt. When we got opposite Mr. Lowndes' house, The learned Gentleman concluded a very she said she could go no further, and endeaemphatic address by saying he should have voured to jump out. Mr. Deacle put his hand been ashamed, on after-reflection, not to out, and said," My dear, be quiet, it will be have expressed sorrow for conduct so contrary better." Mr. B. Baring then rode up, and to the feelings of gentlemen, of magistrates, struck Mr. Deacle a back-handed blow with and of men. his stick, and said, "Sit still." The stick was William Lewington, the first witness ex-knotted, and about the thickness of a man's amined, deposed; I am a harness-maker, living at Winchester. In November last I acted as a police-constable; I remember being sent for on the 24th of November to the jail; I there saw Mr. Seagrim; he asked me if I knew Mr. Deacle, of Marwell Farm? On my replying yes, he told me to go into the magistrate's room; Mr. Francis Baring, Mr. Bingham Baring, and Mr. Wright were there; Mr. Seagrim asked me what sort of a man Mr. Deacle was, and if I could apprehend him? I replied I could, and that he was a gentleman; Mr. Seagrim gave me a warrant to take him; I then got a light cart and two men to help me; when we got to Morstead John Switzer, another police constable, we proceeded to Mr. Deacle's House; Mr. F. heard Mrs. Deacle ask for her horse, and upon Baring came up before we got there; when I Mr. B. Baring refusing, he (witness) said, got to the house the door was opened, and I" Good God! let the lady have her horse; I went in; I found Mr. Deacle just returned will lead it, and take care that she does not from rabbit-shooting; upon my showing the escape." He ordered me to go and do my duty, warrant, he said, "The magistrates must be and put her into the cart. mistaken, for I have done every thing contrary to what is there." When I told him Mrs. Deacle must go too, he said that was "impossible; she is very poorly, and cannot: "Mr. Bingham Baring, Mr. Francis Baring, and Mr. Wright, rode up, and came into the house; Mr. Bingham Baring said, "Constable, do your duty; handbolt them." I hesitated, but

thumb. There was no necessity whatever for striking him. When we had proceeded four miles in the cart, a post-chaise met us, which Mr. Deane, one of the gentlemen who accompanied us, had sent from Winchester. They were then put into the chaise with Mr. Beckett, the jail-keeper, and conveyed to the jail.

Cross-examined by Mr. ERSKINE: I did not request the gentlemen to help me; there were some men in the barn, but I had not the least apprehension that they would assist Mr.Deacle. Neither Mr. nor Mrs. Deacle said or did any thing uncivil, but were perfectly quiet.

A female servant who lived in the family of Mr. Deacle stated, that Mr. B. Baring took Mrs. Deacle into his arms, put his arm round her waist, and carried her into the cart, letting her legs dangle one way and her head another.

The Rev. Mr. Rogers examined: Had known the plaintiff several years, and had seen the testimonials he had received at Col,

man.

The learned JUDGE, in summing up, told the jury that there were several points on which they were to form their judgment. If they thought the defendants had been guilty of excess, they would then find their verdict for the plaintiff; also, if they found that they were not justified in carrying the warrant, as it was not directed to them; but if they thought one of the parties guilty of excess by the act of battery, they would not find all guilty, as it was not like the case where parties were pursuing an unlawful act. The act then of one, while engaged, was the act of all; but where they were lawfully engaged, the act of one was not consequently the act of all, but must only be dealt with individually. His Lordship could not help remarking that the handcuffing was, to say the least of it, a very harsh proceeding towards a lady and gentleman who had been perfectly civil and quiet, and had offered no resistauce, and whose station in life was that of a gentleman-the son of a clergyman of the Church of England.

son.

wick.

lege; his father was a most respectable that Cook said, that he was the man who knocked down BARING with the Mr. ERSKINE, on the part of the defendants, hammer, Cook having been taken beregretted that Mr. Deacle should have considered it necessary, after the acquittal he fore him to be committed after the received, in order to clear his character, to knocking down. It is the Rev. Robert bring the question again before a jury. It Wright, so that it was either father/or needed no evidence to picture to the mind of the jury the state of the country at the time. Most likely the father, who lives The arrest took place when it required magis- at the parish of Itchen, who has the trates to be active in doing their duty. The living of Itchen and also of Southriots were made principally by the poor; and Very curious that there should when the defendants were given to understand be a Rev. Robert Wright having a hand that not only Mr. Deacle, but Mrs. Deacle also, were urging the rioters on, they wished in both these affairs! BINGHAM BARING to show the poor man, that if the rich, and was, at the time when these affairs took men of consequence, were guilty of conduct place, Member of Parliament for the like themselves, they also would, like them, be sweet borough of Callington, along with punished. The learned Counsel, in a long speech, endeavoured to show that the defend his father ALEXANDER. Observe, that ants had not exceeded the powers given them it was on the 19th of November that by their warrant. poor Cook gave him the dreadful blow. On the 20th he was walking about Winchester; on the 22d he was presented at the Court in London, and on the 24th he was engaged in the pretty transaction described by the honest tradesman of Winchester, Mr. WILLIAM LEWINGTON. The THOMAS FRANCIS BARING, mentioned here, is the eldest son of Sir THOMAS BARING, who lives at Stratton Park, about two miles from the Grange, where Alexander lives. This THOMAS FRANCIS BARING was then, and is now, a Member for Portsmouth; he married a niece of Lord GREY, whose Ministry ordered my prosecution, and he is one of the Lords of the Treasury under Lord GREY. Captain NEVILL, as they call him, is the son of the well-known County Justice of the same name, who is lately dead. This man, who is a magistrate, as well as the BARINGS and the REVEREND ROBERT WRIGHT, has had a very sudden rise in the navy; and seems to inherit all the virtues of his father, his place of abode is at a village near Winchester, called Easton. SEAGRIM I have sufficiently described above. So that here were four magistrates, the two BARINGS, WRIGHT, and NEVILL, and a partner of Woodham, the Clerk of the Peace. There were none of the BARINGS present at the trial, except one; and that was the Reverend Frederick Baring, son of ALEXANDER, and younger brother of BINGHAM; and he sat close by the Judge upon the bench during the trial.

The Jury retired for about a quarter of au hour, and returned, finding a verdict of 501. for the plaintiff against the defendant, Mr. Bingham Baring, for the battery, and that all the other defendants were justified by the

warrant.

This verdict seemed to excite the greatest astonishment; for most of the Bar, and almost every one in Court said, if on the jury, they would have given at least 5,000l. for so gross and wanton an insult, and unfeeling conduct towards those who had not offered the least resistance, the defendants not adducing the slightest evidence in palliation, or attempting to justify it.

Mrs. Deacle was in Court; she is a very delicate, lady-like woman. The case seemed to excite the greatest interest, the Court being crowded to excess the whole time.

This WRIGHT, the Parson, is the same man, or the son of the man, who Swore against poor Cook. He swore

My readers will recollect that BINGHAM | Bridewell. The money of this family BARING, for striking whom Cook was gives them prodigious power. Here hanged, offered himself as a Member were four magistrates concerned; the for Winchester at the last election, and character of every one was vitally was defeated. touched by his evidence; and can any man living believe that, under all these

It is said that Sir THOMAS BARING, and another or two, I believe, mean to circumstances, Mr. LEWINGTON went offer themselves for the county of beyond the truth, especially when his Hants, in case the Reform Bill shall evidence was corroborated by Mr. pass. I hope they will not; for if they SWITZER, the other constable, and both do, they will give me a great deal of by the female servant of Mr. DEACLE ? trouble; for, being still a freeholder BINGHAM BARING says, rightly enough, of that county, I will suffer my limbs to that, if he were guilty of the things be chopped off before they shall be alleged against him, he merits to be elected without every exertion that I hooted from society. That is right can possibly make, by pen, tongue, and enough; and there are plenty of people person, against such election. With calling upon the LORD CHANCELLOR to regard to commentary on the conduct dismiss him from the Commission of of these magistrates upon this occasion; the Peace. I, for my part, make no with regard to the sequel, and the con- such call; for I think the keeping of duct of all the parties concerned in that him in the Commission will, in the end, sequel, such things set all commentary do more good. This affair, as I said of at defiance. The evidence of Mr. LEW the acts of the labourers (and for saying INGTON and of Mr. SWITZER is com- which I was prosecuted), "has done plete. BINGHAM BARING might have" good, and great good, too; and brought witnesses on the other side if he" therefore it is useless to tell us that it could. Mr. DEANE, the banker, was "has done us harm." No, no; let Lord present upon the occasion, it seems; BROUGHAM and his associates continue and as he was not a party he might have to be Ministers as long as the nation been called. In short, there is no doubt will permit it; and whatever length of as to the facts; there can be no time that may be, I do hope that these doubt. BINGHAM BARING has pub-four men, particularly the two BARINGS, lished a poor shuffling letter, addressed and more especially Bingham BarinG, to the editor of the Times, in which for striking whom poor Cook was he says, that it was not he that or- hanged, will continue to be magistrates. dered the hand-cuffs to be put upon The reflections excited by this tranthe lady. It contradicts Mr. Lew-saction are these: first, that these men INGTON as to several facts alleged have the power, in some cases, to order against him; but who will believe the men to be imprisoned, and to undergo accused; who will believe his bare corporal punishment, without trial by word in direct opposition to the oath of jury; second, that they have the power, a most respectable tradesman of Win-without trial by jury, to mulct or fine chester, whose bread depends upon his people, and thus take away their procharacter, who is of character unim-perty; third, that they have the power, peached, who cannot remove from the in case of conviction by jury, to sentence spot to which he is bound by his busi- men to imprisonment for any length of ness, and who has to live still amongst time, to pay fines to any amount, to be the same neighbours, amongst whom held in bonds for any length of time he has lived all his life; who, besides, for their peace and good behaviour; can have no interest to serve, who fourth, that they have the power to try knew that he must have the ill-will of indictments for libel as well as for this family, that has spread itself over breaches of the peace, and that they all the parishes adjoining? Sir THOMAS have the power also of holding men to BARING is the chief inspector, or what- bail for libel, before indictment be preever they call it, of the county jail and ferred, and before, of course, trial

could take place, and that they can do be taken from him; 'out the very nature. this upon their own bare opinion that of whose calling "akes him liable to the thing is a libel; fifth, that they be preferred to a benefice any day that have the power to transport men be- the Ministry shall choose. This is the yond the seas for any term of years, or case of three out of the four. BINGHAM for life, and to imprison men in Eng- BARING appears to be in no such state land for any term of years that they of depender ce. With regard to him, may choose; so that, every-thing short however, as well as with regard to all of hanging, or otherwise putting to the rest, he might be dismissed from his death, they, as judges, have the power office as magistrate at any hour that to do. Now, then, look at these four the Ministry shall choose, and that, too, men : see them invested with these wit hout any cause assigned, as was powers; and then brag of English d one in the case of Sir CHARLES liberty as long as you please! only WOLSELEY, who, though he knew well have the goodness to excuse me for not enough that he was dismissed because joining in the braggery. he was a reformer, had no cause assigned for his dismissal.

Reader, great has been the glory of England; but, amongst all its glories, But, in many cases, magistrates ennever has it possessed any equal to the dowed with the above terrible powers, glory belonging to its administration of are actually in the pay of the Governjustice; and pray observe this, that ment for their services as magistrates. the main pillar of that glory was the The Police magistrates of London perfect independence of the judges, who, and Southwark are also Justices of the being twelve in number, were reve- Peace for the whole of the counties of renced by the people, for ages and Middlesex, Hertford, Essex, Kent, and ages, with a feeling little short of that Surrey, and, I believe, Sussex, too; so which they entertain towards the me- that here are a great band of Justices mory of the twelve apostles. And why of the Peace, not only liable to be were they thus reverenced? Because turned out of their office at any moment they were held to be so perfectly inde- by the Ministry of the day; but liable pendent of all undue influence from the to be stripped of their salaries at the rich, from the great, from the Ministers same time. So that here are men abof the crown, and even from the crown solutely dependent on the Ministers for itself. Volumes upon volumes have continuing to them the means of living. been written by foreigners, as well as In case of being turned out of their by natives, on this glorious independ-offices, the law secures them no provience of the judges of England. What sion; and if they be poor, and very rich is a judge, then? A judge is a man they cannot be, or they would not unwho presides at a trial, who regulates its proceedings, who charges the jury, and who, when conviction takes place, passes the sentence according to his own judgment and will. What have we here, then, in these four magistrates? We have one who is a Lord of the Treasury, and who is constantly dependent on the breath of the Ministry for the retaining of his place; we have another who is an officer in the navy, who is in the pay of the Government, and who may be stripped of his rank and of his pay at any moment when the Ministry please, and that, too, without cause assigned; we have a parson, who has nothing, to be sure, that can

dertake such an office; if they be poor, they may be turned adrift almost to starve; and this, too, you will observe, without cause assigned.

It was a bench of Magistrates in Surrey, and, of course, having, or liable to have, even a majority of police magistrates amongst them, who, only the other day, sentenced a man to two years' imprisonment for libel, together with heavy fine and bonds. A bench of magistrates, since that, tried Mr. PRENTICE, for libel at Manchester. An honest jury saved him, or, God knows how long he might have been imprisoned, how fined, and what bonds he might have had to endure !