The fact was, that the Government had placed arms in the hands of so many volunteers and local militia-men, that they became alarmed at the power which they had themselves created; and these whiskered German troops were, therefore, called in for the purpose of keeping them in subjection. So that the Ministers took care to have plenty of German troops, who, in conjunction with the Irish regiments of militia, were to watch over the movements of the English, particularly those newly raised volunteers and local militia, who, in many instances, manifested rather a turbulent disposition, and an impatience of being bilked in the same manner as some of the regulars were, by their officers. An instance of this I witnessed in Bath, where the Somerset local militia were quartered. Great dissatisfaction had for a day or two been strongly expressed by the men, in consequence of a stoppage of some portion of their pay having been made for gaiters. What was the sum stopped, I forget; but I recollect that as I was walking of which the prison stood. I hastened to the spot with a friend, and we got there just in time to see the soldiers come out of the prison with their comrade, whom they had rescued, mounted upon their shoulders; and in this manner they bore him in triumph to his quarters. Some of the officers arrived, and one of them drew his sword; but he was instantly disarmed, and pelted with mud, so that, while he escaped with some difficulty, he looked more like a person just released from the pillory than like an officer who had the command of troops. During the whole evening the streets swarmed with crowds of people, and the injustice of the extortion for the men's gaiters was the universal topic of converse amongst them. As almost every one was expressing his indignation at the conduct of the officers, and swearing that the men should not be punished, affairs bore such an alarming appearance, that dispatches were sent off, in all directions, for more troops to come to the assistance of the officers. Very prudently, there was no attempt made that night to take into custody the man who had been rescued, or those who had rescued him. As all the men concerned in the transaction were known, it was reported that they would be brought to a drum-head court-martial ear up the street, I heard some of the men inquiring at a shop the price of a pair of gaiters, which they were told by the tradesman was about half as much as had been stopped out of each man's pay. The men had complained loudly to the non- commissioned officers, without obtaining any redress. The next day they made a stand upon parade, which was called a mutiny. The ring-leader was seized, and conveyed immediately, under a military escort, to the town prison. This circumstance ran like wildfire all over the city, and when the troops were dismissed from the parade, which was incautiously done soon after, the militia-men proceeded in a body to the gaol, and demanded their comrade; and compliance with the demand being refused, they seized a long piece of timber that lay in the street, near the prison, and this they used as a battering-ram against the door of the gaol, which they soon forced off its hinges. I was sitting in the back dining-room at my house, No. 1, Lady Mead, and I witnessed the transaction myself. About the third effort with the battering-ram, each of which was cheered by the populace, I saw the prison doors fly open, and the soldiers enter. By this time an immense multitude, consisting of many thousand persons, had assembled in Grove-street, at the bottom, early the next morning, and punished. Orders were given for their being upon the parade the next morning at four o'clock; and all attended, together with about four or five thousand of the Bath populace, resolutely swearing that the man should not be punished. There was no German Legion at Bath, or blood would have been spilt. Happily the whole passed off without any bad consequences. After the offenders had been admonished, one of the officers informed the populace that they were forgiven, upon which they peaceably departed to their homes. I believe that a proper abatement was made in the price of the gaiters, and thus this affair was settled before the arrival of any other troops, many of which (Somersetshire Yeomanry) came galloping into the city in the course of the day. This year, the arms of Great Britain were, to say the least of it, very unsuccessful. The army in Spain, under Sir John Moore, made a very inglorious retreat, or rather flight, before the French troops, which, after being continued for two hundred and fifty miles, ended in the battle of Corunna. In that battle the English Commander fell, and the remains of the army, after having sustained immense loss, were compelled to embark on board their fleet; not less than six thousand troops having been sacrificed upon the occasion. On the 27th of January, the French entered Ferrol, and took seven sail of the line; Saragossa also surrendered to their arms. In May there was a revolution in Sweden, and Gustavus the Fourth, one of the legitimate race of old kings, was deposed. War was again declared by Austria against France. In April, the English fleet, under Lord Cochrane, destroyed four sail of the line in Basque Roads. On the 13th of May, the French entered Vienna. Russia also declared war against Austria. Buonaparte beat the Austrians in various battles, and effected the passage of the Danube in July, and finished the campaign by a total defeat of the Austrian army at the battle of Wagram; upon which the Emperor Francis was obliged to sue for an armistice. It was granted by Napoleon, although the prostrate legitimate was, with his whole dominions, completely in the power of the French Emperor. Thus did Napoleon show him that mercy which the deadly Austrian had not the magnanimity or the honour to return when Napoleon had fallen into misfortune. This was one of Napoleon's greatest faults; he appeared to delight in conquering and subduing tyrants, and then reinstating them on their thrones, that he might conquer them again. This is one of the greatest stains upon his character. He had it in his power to exterminate the tyrants of Austria, Russia, and Prussia, and by that means to bring the English Government to a sense of its duty to the people of England. This he failed to do, and his reward was perpetual imprisonment, lingering torture, and a premature death, inflicted upon him by the very same sovereigns that he had spared from annihilation. The old proverb, of "Save a thief from the gallows and he will cut your throat," was never more truly verified than in this instance.
On the 27th of July, the Battle of Talavera was fought between the English and the French, in which Sir Arthur Wellesley pompously claimed a victory, although he and his whole army retreated before day-break the next morning, leaving the whole of the sick and wounded behind them. Such was the rapidity of this retreat, that they scarcely ever stopped to refresh themselves, till they had passed the boundaries of the Spanish dominions, and entered into Portugal.--Notwithstanding all this, it was trumpeted forth in all the ministerial papers that Sir Arthur Wellesley had gained a GREAT VICTORY; and, to complete the humbug, the Ministers carried the hoax so far as to create the said Sir Arthur Wellesley either Baron or Viscount TALAVERA! This was the way in which the English Ministry gulled John Bull; and as John swallowed this title so readily, from that time I have designated, and I shall always designate him, by the title of JOHN GULL, instead of John Bull; GULL being a most appropriate title, with a very significant and truly characteristic meaning.
Blake's army from Valentia was also at this period completely dispersed. The English Ministry likewise sent out two expeditions this year, both of which ended in defeat and disgrace. One was dispatched from Sicily to the South of Italy, and the other was the memorable and fatal expedition to Walcheren, commanded by the renowned Lord Chatham, the elder brother of Pitt, who, from his fondness for lying in bed, had obtained the nick name of the late Lord Chatham. This was a most calamitous undertaking, and reflected the highest disgrace upon the characters of those who planned it, as well as of those who were selected to carry it into execution. I recollect that at the time it was confidently asserted that the redoubtable Commander, Lord Chatham, spent three parts of his time in bed; at all events, he proved to be a most unsuccessful, if not a sleepy commander. The famous city-gormandizer, Sir William Curtis, accompanied this expedition, thus making one, as it were, of a party of pleasure, while, from exhaustion and disease, the troops were perishing in the pestilential swamps of the country. In fact, this proved a mere wanton sacrifice of British treasure and British blood.
In consequence of these disasters, there arose such great dissentions and heart-burnings in the British Cabinet, that at length it produced a duel between two of its most conspicuous members, Lord Castlereagh and Mr. Canning, in which Mr. Canning was badly wounded. In better times, the dispute possibly would perhaps have been settled much more conformably with the principles of justice, by both of them being impeached for their mal-administration, and their wanton and lavish waste of the best blood and treasure of their country.
In September the new theatre at Covent-Garden was opened; and, in consequence of the managers having increased the prices, a riot commenced, which continued night after night for nearly three months. It was universally known by the name of "the O. P. row;" that was, a contention for old prices, by the audience, and a determined struggle on the part of the managers, to enforce and continue the new and increased prices. I may be asked by some, "what has this to do with your Memoirs, or with the political history of the times"? I answer, it has nothing to do with my Memoirs, as I was not in London during the whole of the row; but I shall by and by show, that it had a great deal more to do with political matters, or rather with a political party, than was at the time imagined, or than is even now suspected. I believe that, in the first instance, the spontaneous expression of public opinion was the cause of the row which took place; but I know that it was afterwards taken under the special protection of that August body, the WESTMINSTER RUMP, by whom the regular, well-organised plan for the interruption of the performance, was framed and constantly kept up. It will be remembered that my worthy friend, Henry Clifford, took an active and conspicuous part in these proceedings. Mr. Clifford was a warm partizan of Sir Francis Burdett, and, although he possessed too noble a soul to belong regularly to such an illiberal faction as that of the Rump, yet, as they had not then discovered the cloven-foot so unblushingly as they have since done, he was one of the number who frequently joined in their deliberations. This may, in some measure, account for their endeavoring to keep up the semblance of impartiality and fair-play, while he had any thing to do with them. Those who can recollect the circumstances, will also recollect, that Mr. Cowlam took a very prominent part in the row; and poor Sam Miller, the shoemaker, in Skinner-street, was another staunch attend ant at all the O. P. deliberations. Cowlam was the man who seconded the nomination of Sir Francis Burdett, when the baronet was first proposed for Westminster; at the time that Currier Adams, of Drury-lane, slunk from the office of seconder, after having previously pledged himself to undertake it. Like Falstaff, however, in this point, though not in wit, Adams has, ever since poor Cowlam's death, had the meanness to claim the honour which belongs to another. Cowlam also rode the white horse, as the 11 emblem of purity," at the epoch of the first chairing; which unlucky animal Mister Cleary has since mounted! These, together with others of the Rump, held their meetings regularly every day, as well as every night after the performance was over. At length, when their resources were nearly exhausted (which, by the bye, I understood were furnished by a certain Baronet), and they were upon the point of retiring from the contest, poor Miller hit upon the expedient of the O.P. dinner, which was held at the Crown and Anchor; at which dinner Mr. John Kemble attended, and an arrangement and compromise was made between him and Henry Clifford; the one on the part of the theatre, and the other on the part of the public. Thus ended this mighty struggle, which, at times, bore a very alarming appearance, and was the subject of universal interest throughout the country. I have no doubt but that, under the rose, the managers of the theatre encouraged the proceeding, as it filled their coffers, there being a bumper, that is to say, a full house, almost every night. The cockneys enjoyed the fun, and every stranger who came to London must go to Covent-Garden, one night at least, to "see the row," and to carry an account of it into the country.
On the 25th of October a Jubilee was held, to celebrate His Majesty's entering the fiftieth year of his reign. Upon this occasion a pardon was issued to all deserters, and a great number of Crown debtors were discharged from prison.
The year 1810 commenced, by the Citizens of London, in Common-Hall assembled, having voted a petition to be presented to the King. The Sheriffs and City Remembrancer had waited upon the Secretary of State (Marquis Wellesley), to ascertain when it would be His Majesty's pleasure to receive it. Upon which the Noble Secretary informed them, that he would take His Majesty's pleasure upon the subject; and at the following levee he let them know, that it was His Majesty's pleasure that it should be presented through the Secretary of State.
Since the BRUNSWICKS came to the throne of England, this was the first instance of a petition agreed to at a Common-Hall being refused to be received in person by the King.
Alderman Wood, who was one of the Sheriffs, requested that he might be admitted to a private audience of the King. This was refused; and the Sheriffs having called another Common-Hall, they laid the report of the affair before the assembled livery, who passed a series of spirited resolutions, asserting their right to deliver their petitions to the King on the throne, and instructing their representatives to move an address in Parliament, to be presented to the King, to inquire into the violation of the right of petitioning. Mr. Sheriff Wood received an unanimous vote of thanks from the Common-Hall; while the conduct of his colleague, Atkins, evinced his character, and was a pretty faithful index of his future subserviency to the "powers that be." Petitions were now presented to the King, not only from the city of London, but from Berkshire, and other parts, calling for an inquiry into the disgraceful Walcheren expedition. When Parliament met, the war in Spain and the expedition to Flushing were warmly canvassed; but, of course, the Ministers carried every question with a high hand and large majorities, and the business ended in a vote approving of the conduct of Ministers, in planning and executing that disgraceful and costly expedition.
Mr. Perceval, an insignificant lawyer, now suddenly became First Lord of the Treasury, and Chancellor of the Exchequer, to the astonishment of the whole nation. During the Walcheren inquiry the debates ran very high in the House of Commons, and a member, Mr. Charles Yorke, cleared the gallery of the strangers. This act being discussed in a debating society, Mr. John Gale Jones, who was acting as the president, was committed to Newgate, by a Speaker's warrant, for having been guilty of a breach of privilege. This proceeding drew from Sir Francis Burdett an address to his constituents, which was a very able and spirited composition. It was also voted to be a breach of privilege, and a libel upon the House, and the Speaker's warrant was issued for the apprehension and committal of the Honourable Baronet to the Tower. Great riots took place in London, which lasted two days, in consequence of Sir Francis Burdett resisting the execution of this warrant, and barricading the doors and windows of his house in Piccadilly. At length, however, he was taken to the Tower under military escort: on their return from the Tower the military were hissed and pelted, upon which they fired on the people, and three men were killed. The coroner's inquest sat upon the bodies, and in two of the cases brought in a verdict of wilful murder, and in the third, a verdict of justifiable homicide. As in a late instance, however, the murderers were allowed to remain not only unpunished but untried.
Sir Francis Burdett was at this time the most popular man in England, and he was idolized by every lover of freedom in the united kingdom. In his resistance to the illegal warrant, he had barricadoed his house, into which the Serjeant at Arms had made several unsuccessful attempts to gain admission; and it was expected that the latter would attempt a forcible entry, as he had received positive orders from the House to execute his warrant by force. I shall here relate an anecdote on the subject, which came to my knowledge soon afterwards. A Noble Lord, a gallant naval officer, and M.P. called upon the Baronet one morning, attended by a friend, in a coach, out of which a cask was handed into the Baronet's house; and, as a friend, he was admitted of course by old John, the porter. Upon his Lordship's entering the Baronet's room, he communicated his plan for the defence of the castle, in case any attempt should be made to effect a violent entry. He very deliberately proposed to undermine the foundation of the front wall, and deposit there a cask of gun-powder, which he had brought with him for the purpose, so that he might blow the invaders to the devil, in case they should attempt anything like a forcible entry. At this proposal, which was made with every appearance of sincerity, Sir Francis Burdett started, and answered that he had not any intention of resistance any farther than trying the question, to see whether they would break open the house or not. The gallant tar then retired, apparently very much disconcerted, and he was particularly requested to take away with him the cask of gun-powder, which he did immediately. The next morning the Serjeant at Arms and his attendants broke open a window-shutter in the front area, entered without the least resistance, and conveyed their prisoner to the Tower. While these things were going on in London, I had been busily engaged in the country, defending myself in the Courts of Law at the assizes for the county of Wilts, which were held at Salisbury. As the indictment preferred against me by John Benett, Esq. on the part of his gamekeeper, Stone, was intended to be made a serious charge against me, I was prevailed upon to confide the conducting of my defence to counsel. Much against my own inclination and judgment, did I give up this point, to oblige my friends, who were most earnest in their solicitations upon the subject. Mr. Burroughs (the present Judge) and Mr. Casberd, were employed for the prosecution; and I at length suffered my attorney to give a brief to Mr. Sergeant Pell. The cause was called on, and Stone positively swore to the assault, which he declared had deprived him of his senses, and that he had not been well since. Another person, who never saw one atom of the transaction, and who was never near the place till it was all over, swore to the same facts, and confirmed Stone's evidence; and although I knew this fellow was swearing falsely, and though I pointed the fact out to Sergeant Pell, that the witness was not near the place, yet he was so alarmed, or pretended to be so alarmed at the case, that I could not prevail upon him to cross-examine the witness. The next witness who was called swore that he was a surgeon, that he lived at Amesbury, the adjoining town; that he had attended Stone, whose life had been in danger; that Stone had been greatly and seriously injured in his health; and that, in his opinion, he would never recover it. This appeared to stagger and confound my counsel more than ever, and I could not get him to ask the man a single question; although it struck me that this witness was grossly perjured. Well! Mr. Sergeant Pell made what he called a speech, which, in my opinion, admitted a great deal more than was necessary. My friend, Mr. John Oaks, was then called, who positively swore that the ruffian, Stone, had assaulted me first, by striking me and nearly pulling me off my horse, without any provocation whatever. My friend, however, who had never given evidence in a court of justice before, was a very awkward, hesitating witness, and he received a very severe cross-examination from Mr. Burroughs. Baron Graham summed up, and charged the Jury that I had, by my own showing, been guilty of an assault. He had, he said, no doubt but the man Stone had struck me first, as sworn by Mr. Oaks; but he thought that I had given the man more than a sufficient quantum of beating in retaliation, as I had struck him three times: if it had been proved that I had only struck him once, in return for the blow he gave me, he should have charged the Jury to acquit me; but, as it was, they must find me guilty of the assault. He, however, totally acquitted me of that with which I was charged by the counsel against me, namely, of having acted with inhumanity and cruelty. The Jury, of course, gave a verdict of guilty; and the Baron took my word that I would attend in the Court of King's Bench, in the next term, to receive judgment.
The next day was fixed for trying the action which Michael Hicks Beach had commenced against me, for a trespass. A similar attempt was made, by my attorney and my friends, to induce me to leave the conducting of any cause to counsel. Little Frederick Williams, the barrister, was employed, or he volunteered his services, to prevail upon my family to persuade me to leave my defence to Mr. Sergeant Pell. I heard all that they had to say, but I resolutely resisted all their intreaties; and declared that I would not only defend myself, but that, as long as I lived, I would never employ a counsel. I would, I told them, endeavour to manage my own affairs in the Courts, let what would happen. To this resolution I have ever since most inflexibly adhered; and I am sure that I shall continue to do so as long as I have strength and power of utterance. I believe that Mr. Erskine once observed, that "a man who pleaded his own cause, had a fool for an advocate." This was reported to me; and my answer was, "that it might be very true, but I had a great consolation in knowing that I had not a rogue for a counsel."
The cause was at length called on; and as it was known that I intended to plead my own cause, it excited great interest, and the Court was crowded to excess. Mr. Burroughs opened the case against me, in a very vindictive speech, in which he travelled widely out of the course to find matter to attack me. The Judge ought, in strictness, to have stopped him; but I believe the worthy Baron (Graham) who presided, gave me credit for being quite a match for Mr. Counsellor Burroughs, and therefore it was that he suffered him to proceed. After having proved that notice not to go upon the lands of the said Hicks Beach had been served upon me, Burroughs called as his first witness a fox-hunting parson, of the name of Williams, who was the Curate of Netheravon, and dubbed chaplain to the squire. The clerical witness proved the trespass, that I had, in following Colonel Thornton's fox-hounds, in company with the rest of the sportsmen who were out, ridden over a part of the land belonging to Beach, and in the occupation of Farmer Jenner; which land I had received notice not to trespass upon. This toad-eating parson I knew well, and I was well acquainted with his occupation; which was literally that of whipper-in to the squire's hounds. He was as much at the squire's beck and command as one of his menial servants in fact, I had often seen him obey such orders as no servant would have obeyed. I have heard Mr. Beach, when a hound skirted, halloo out, "d--- my blood, Williams, don't you see that bound! flog him in, or cut his liver out," &c. &c. Then his reverence would ride like the very devil; and this was such a common thing, that I have heard the huntsman order him about in the same way. I have heard the latter say, "d--- it, Sir, why do you not ride and head the hounds?" and he has frequently observed to me, and other sportsmen, "By G-d, that d----d Parson stuffs himself so at master's table, that he is got as lazy as a cur." I therefore did not fail to give this reverend sporting witness a pretty severe cross- examination, although the Baron tried hard to protect him. I made him confess, upon oath, that he was the time-serving tool which I have above described; and all that I wanted I drew out of him, in order to save myself the inconvenience of calling any witness of my own; by which means I prevented any rejoinder to my reply to the famous speech of Counsellor Burroughs. He, the witness, admitted, that the hind that was named "Mrs. Clark," was turned out several miles from the land of Mr. Beach, and that she accidentally ran that way; that Mr. Beach himself was one of the horsemen who joined in the chace; that he never complained of my riding over his tenant's farm; and that, during the chace, the said Squire Beach had actually rode nearly a mile over one of my farms, without any interruption from me.
Upon these facts I grounded my defence, and in a speech which occupied about an hour, to which great attention was paid by the Judge, I urged the Jury to consider their oath, and acquit me of any wilful trespass. In the course of this speech I replied to the observations which fell from the learned counsel, and took occasion to retort upon him with some severity, with respect to those points which he had so unfairly introduced in his speech. He rose and claimed the protection of the Court, and trusted that his Lordship would not sit there and hear him attacked in such a way. Baron Graham smiled, and very coolly replied, "Brother Burroughs, I am very sorry that you travelled so much out of the record; although I was loath to interrupt you, yet I assure you it was very painful for me to hear it; but, as you did so, I should ill perform my duty if I were to attempt to prevent the gentleman who is the defendant from repelling those assertions which you made, of which you offered no proof, and for which, by the shewing of your own witness, there was no foundation; therefore, Brother Burroughs, I must beg that you will not interrupt Mr. Hunt, but suffer him to proceed--Go on, Mr. Hunt." Mr. Burroughs jumped up in a passion, and said, in a peevish, angry tone, "Well, my Lord, if you do not choose to protect me, you will not, at any rate, compel me to stay in Court to hear myself abused;" and then, tucking his gown under his arm, he made a hasty retreat out of the Court, foaming and muttering all the way to his lodgings.
The worthy Baron summed up strongly for a verdict for the defendant, broadly stating that there was no pretension to say that it was a wilful trespass; and adding, after having recapitulated most of the arguments which I had urged in my speech, that he was much more inclined to believe it to be a malicious and frivolous action, than he was to say that it was a wilful trespass. I gave the said Michael Hicks Beach a pretty sound dressing, which the Baron not only recapitulated and concurred in, but he also gave him some very wholesome advice, and a very severe admonition.
It was an "especial jury" of brother magistrates and brother game- preservers; and it is, therefore, not wonderful that they returned a verdict for the plaintiff, with a shilling damages; which, in a wilful trespass, was always held to carry costs, provided the Judge would certify. Mr. Sergeant Lens now rose, and informed the Judge, that his Brother Burroughs, before he left the Court, had requested him to apply to his Lordship to "certify." The Baron pretended not to hear him; the Sergeant repeated the application in a louder voice; and Baron Graham then replied, "it is not necessary for me to certify in Court, I believe, Brother Lens?" "Yes, my Lord," said Lens, "I never knew a Judge refuse to do so, upon a verdict of trespass after notice." "Brother Lens! Brother Lens!" retorted the Baron, "I do not feel justified in my own mind to certify, upon my oath, that this was a wilful trespass, although the Jury have returned a verdict, upon their oath, that it is so; at all events I shall not certify in Court; I shall take time to consider of it."
Baron Graham never certified to this hour, and my vindictive opponent had to pay his own costs, which, I understand, amounted to upwards of eighty pounds. This is an instance of the upright inflexible honesty of Baron Graham; and this is the Judge, I understand, who, together with Baron Wood, are about to be laid upon the shelf--and a precious pair of tools we shall have in their place, I'll warrant you!
On the next day, I enclosed a shilling in a letter to Squire Beach, admonishing him, in the language of the worthy Judge, and advising him to prepare for war, for I was determined upon retaliation. Unfortunately for me, my attorney was a most artful, plausible, cunning fellow; and at the same time that he openly professed to advise me not to go to law, he insidiously held out the most luring baits to draw me into the meshes of his net, in which he was too successful. I was a rare pidgeon, and he never failed to pluck me well.
I kept my word with Mr. Beach, and in a few days I had an information laid against his whipper-in Parson, and one of his tenants, Thomas Horne, for sporting, they not being qualified; and as soon as they were convicted in the penalties, I followed it up by commencing an action against each of them for a similar offence. I also served in the same way another fellow, who was a friend of Beach's, one Edmond Stegg, of Chisenbury; in all of which suits I got a verdict; and, to be even with him, I brought his second son, William Beach, before a bench of Magistrates, to make him prove his qualification; which he at length did, with considerable difficulty and expense. The famous Richard Messiter, an attorney, of Wincanton, came all the way from that place in a chaise as a witness; and John Ward, an attorney, of Marlborough, attended as another witness; so that this chap got out of the scrape at an expense to his father of about fifty pounds. Messiter, who was called at that time honest Dick Messiter, swore that he had advised his father to make a conveyance of an estate to him, to qualify him, the deed of which was executed only the day before the action was commenced against him. The Squire was also obliged to qualify his whipper-in Parson, which he did by procuring for him a living; so that it is an ill wind that blows no one any good. But all this while my cunning attorney was the bird that was feathering his nest charmingly. He took care to fleece all that came within his grasp. What voracious sharks are these attorneys! I was successful in all these actions, yet, every now and then, I had a long bill to pay to my attorney. I do not say that this limb of the law was any worse than the rest of his profession (always admitting that there are some most honourable exceptions); but I must say that this worthy had the address to manage his matters better, and to cast his net with more cunning and adroitness than any one of the fraternity that I ever met with. I was a thousand times forewarned of him, by some of his old friends; but I was over confident, and I met my reward, as my eyes were not opened till I had suffered to the amount of many thousands of pounds by my credulity.
At the latter end of May, I was called up to the Court of King's Bench for judgment, for the assault upon Stone the gamekeeper. I did not employ counsel, but offered in person what I had to urge in mitigation. I put in affidavits, to prove that the witnesses who gave evidence upon the trial were perjured; and that the doctor, who attended and swore that he lived at Amesbury, was an impostor; that no such person had ever lived there, or had ever been heard of before or since. The sentence was, that I should be committed to the custody of the Marshal of the King's Bench for three months. During the time that Mr. Justice Grose was passing sentence, Ellenborough leant back in his seat, and said to Le Blanc, loud enough for me to hear him, "He will not go down to Salisbury to attend the writ of inquiry, and get another verdict of no damages this time."
I had forgotten to mention, that the writ of inquiry was not executed at the Spring Assizes, it having been put off by the parties, to see whether I should not be caged during the Summer Assizes, when they might have an opportunity of bringing it on in my absence. As soon as I was sent to the King's Bench, I received notice, from Astley's attorney, that the writ of inquiry would be executed before the Judge of the Summer Assizes, to be held at Salisbury. I immediately employed Henry Clifford to move the Court to delay the inquiry till the following Spring Assizes; as it was necessary to the due administration of justice that I should be present. This application was refused. I then got Mr. Clifford to move for a writ of Habeas Corpus, that I might be taken down to Salisbury, at my own expense, to attend the inquiry. This application the upright Court also refused! At the Assizes the writ was therefore executed before the Judge. The witness, the shepherd, the same witness, was called, and proved the fact, that I was upon the plaintiff's down, and as the case was totally undefended, the Judge directed the Jury to give a shilling damages. The Jury hesitated; every man amongst them well knew the facts; they retired, and, after an hour's deliberation, they returned a "farthing damages." If I had been present to ask the witness one question, the Jury would have inevitably returned a verdict of "no damages;" the same as the two former Juries had done. In fact, one of them told me, that they gave in the verdict of one farthing very reluctantly; and, as they knew the case, they very much regretted that they had not themselves put the question to the witness, as, if he had once sworn that there was no damage done, nothing on earth should have induced them to have given any damage.
Thus ended the struggle for the right of English Juries to give their verdict agreeable to the evidence, as they were bound by their oaths to do, in spite of the equivocal rules of Courts, or the arbitrary dicta of Political Judges. I have no doubt that the conspiracy against me by the stock-purse gang, in the instance of Stone's assault and indictment against me, was got up for the sole purpose of getting rid of this question, as to the rights of a British Jury to give a verdict agreeable to the evidence, in spite of a ridiculous and illegal rule of Court, made at the arbitrary will of corrupt Judges. The truth is, that Stone confessed that he was hired and well paid to assault me, for the purpose of procuring an indictment against me; and by that means I was to be got out of the way, that this dirty job might be executed in a court of justice in my absence. Stone being discharged from his situation, offered to hire himself as my game-keeper, and to divulge the whole plot, and appear as a witness against his former employers. I, however, rather chose to put up with the loss which I had already sustained, than to employ such a treacherous villain, and to encounter fresh law expenses, which I now began to feel were most ruinous, notwithstanding I conducted my own business in the courts. I had, besides, ascertained that the stock-purse gang were always delighted when they found they had entrapped me into a law suit, although my late successes had caused a heavy drain upon the subscribers, some of whom began to grumble at the expense, and to declare off.
As soon as I was conducted to the King's Bench, I began to look out for apartments; I having made up my mind to remain the three months within the walls, as I did not feel justified in making the indispensable sacrifice (the usual fee to the Marshal) for residing without the walls. Several prisoners, who were in distressed circumstances, offered to give up their rooms at various prices, in proportion to their eligibility; but, as the prison was excessively crowded, none of them struck my fancy or suited my taste. I therefore applied to Davey, who kept the coffee- house, and immediately agreed with him, at a reasonable price per week, for a bed and the sitting-room over the coffee-room. This is the very apartment that Colonel Bailey, the uncle of the Marquis of Anglesea, lately inhabited, whose application to the Court of King's Bench was argued the other day, on his complaint of the conduct of Mr. Jones, the Marshal, and Poole, the coffee-house keeper, and of various interruptions and insults which he received from the prisoners who frequented the coffee-room; by which means, Poole (who, by the bye, was the person who attended me here) lost his situation. Nothing could exceed Poole's civility to me, and I have always heard that he was a very civil, well-behaved, obliging fellow. I can only say, that the whole time that I lodged in these apartments, which was six weeks, I never received the slightest interruption from any one, or the slightest incivility or insult from any one of the prisoners.
The Marshal was not at home when I arrived, but as soon as he came to his office in the morning, I received a polite message from him, requesting to see me, and being disengaged, I immediately waited upon him. When I came to his room he accosted me in a very kind manner, expressing regret for my sentence, but he added, that he should feel great pleasure in rendering my imprisonment as little irksome as possible, and that he should be happy in doing any thing for my accommodation. I own that I did not, at the first view, give this worthy man the full measure of credit that was due to him; for I could not help feeling a strong suspicion that he had an eye to his usual fee for indulgence. In consequence I addressed him as follows:--"I am much obliged to you, Mr. Jones, for your kind and friendly offers of accommodation; but, to tell you the truth, Sir, this is the case--When I was last committed to your custody, which is now nearly ten years ago, I had more money than wit; and I paid you very cheerfully for the accommodations that you afforded me, for which I was very grateful; but the case is altered, I have now more wit than money, little as the former may be. To speak without metaphor, since I was last your prisoner, I have had many a hard tug at any purse in my endeavours to support my independence: prudence, therefore, compels me to remain within the walls, and to forego (however reluctantly) your proffered kindness." Mr. Jones took me by the hand, and looking me steadily in the face, he replied, "Mr. Hunt, you have misunderstood me. I am fully aware of the truth of your observations. I am not altogether ignorant of what has occurred, but it would ill become me, in the situation I am placed, to give any opinion upon your case. This, however, I know, that while you were under my care you conducted yourself like a gentleman, and acted towards me with the strictest honour, and in return I can only say, you are welcome to reside without the walls, but I will not accept a penny of your money, neither will I put you to the slightest expense of giving any security. Your word, as a man of honour, to be forthcoming when called upon, is perfectly satisfactory to me, and you are at liberty to go out whenever you please. The only thing I will accept is, (I know you are a sportsman) when you return into the country, send me a basket of game, and I shall be perfectly satisfied." I thanked him sincerely for his handsome behaviour, but I told him that I had procured very comfortable lodgings at his old coachman's, Davey's, over the coffee-room; and as I did not expect my family in town for a month or six weeks, I would remain where I was till that time, when I would accept his offer. "Very well," said he, "please yourself;" and ringing the bell he called the Deputy Marshal, and said, "Recollect, Sir, to see that Mr. Hunt is properly accommodated at Davey's, whilst he remains here, and in the meantime, till his family comes to town, take care that he has the run of the key." That is, to pass out and into the prison whenever I pleased. The Deputy Marshal left the room, and after some time spent in conversation upon the occurrences of the day, I bid him good morning and took my leave; the door was opened, and I walked into the street, whence I returned into the prison.
This was the treatment which I received from the Marshal of the King's Bench Prison. I did not forget to send him a handsome basket of game, not only that season, but many following; and I regret that I ever had the negligence to omit doing so. However, if this should meet the eye of any of my numerous sporting friends, which I know it will, he that sends in my name a basket of game directed to William Jones, Esq. Marshal of the King's Bench Prison, London, will confer a lasting obligation upon, and afford great pleasure to, the "Captive of Ilchester," particularly if he will drop me a line to say that he has done so.
Sir Francis Burdett was now a prisoner in the Tower, and I was a prisoner in the custody of the Marshal; but as I had the run of the key, and as the Baronet had not, a very few mornings elapsed before I paid him a visit, entering my name at the lodge of the Tower, as Mr. Hunt of the King's Bench--this might be said to be impudent enough. When I was committed to the King's Bench in 1800, I paid a visit to poor Despard in the Tower; while I was there in 1810, I frequently visited Sir Francis Burdett in the same place.
At this time there were a great many young men of fashion within the walls of the King's Bench for debt, with some of whom I frequently associated, and joined in the game of fives. The Hon. Tom Coventry was an expert player, as he had been an inmate several years. Young Goulbourn, the brother of the Under Secretary of State, was also there. I was invited, and frequently made one of their parties. Goulbourn and I were generally pitted as opponents, both in politics and at rackets; he was a clever young man, and the author of the Bluviad, a satirical poem, which he had written upon his brother officers of the regiment of Blues, for which he was either indicted or had an action brought against him for a libel, I forget which. This young buck, of whom I recollect many an anecdote, the last time I was in London I saw stuck up upon the benches of the Court of King's Bench, with a large wig upon his head, amongst the junior counsel behind the bar. I do not recollect ever seeing his name mentioned, as being employed in any cause; neither do I remember ever seeing him with a brief while I was in the Court. As, however, his brother is now appointed Secretary to Marquis Wellesley, the new Lord Lieutenant of Ireland, I dare say that this Gentleman will have some employment found for him, better, or at least where he can earn his money more easily, than drudging at the bar.
The feeling excited all over the kingdom, by the arbitrary proceedings of the House of Commons, in committing Sir Francis Burdett to the Tower, had, instead of diminishing, increased in a ten-fold degree, and might be said to be now at its height. The City of London, or at least the Livery, went in grand procession, preceded by Mr. Sheriff Wood, to present an address to Sir Francis Burdett in the Tower. Resolutions, petitions, and remonstrances, were also passed at many other places; for instance, at Southwark, Coventry, Liverpool, Nottingham, Sheffield, &c.
Memoirs of Henry Hunt, Esq. — Volume 2 · The Wunder Library — complete classics, free to read, with narration.