[79] ‘Report of P. D. Society, 1827,’ p. 37.
[80] It was the Duke of Richmond, himself the chairman of that committee, who had introduced the bill for the purpose.
[81] See ante, p. 131.
[82] Mr. Wakefield’s abduction of Miss Turner will be found treated at length in chapter viii. His work on the punishment of death, which deals with Newgate at this time, I shall draw upon largely in the next chapter.
[83] These words were the foundation of the great libel cause of Stockdale versus Hansard, which will be remembered as threatening a serious collision between the House of Commons and the administration of the law. Mr. Stockdale, feeling aggrieved at the remarks of the Inspectors of Prisons, brought an action for libel against Messrs. Hansard, who published them. Hansard pleaded justification, and that the report was privileged, being printed by the authority of the House of Commons. Lord Denman, on the bench, dissented, and charged the jury that no such authority could justify a libel, but Hansard obtained a verdict of not guilty. Stockdale then brought a fresh action, and Hansard appealed to the House for protection. A Committee of the House was appointed to inquire into the matter, and it upheld the view that official blue books could not be open to action for libel. This formed the basis of Hansard’s defence; but the court would not admit the plea, and cast them in damages. Hansard did not pay, and went on with the publication. A third action was then commenced, on the grounds that the sale of the report was a reiterance of the libel. To this action Hansard would not plead. A fresh declaration was filed by Stockdale, with the damages laid at £50,000; and as Hansard still, under the advice of the House, would not appear, the case again went against him.
Stockdale now sued for his damages in the Sheriffs’ Court. The sheriffs, well aware that Messrs. Hansard were backed up by the House of Commons, tried to escape giving a judgment, at least until the House met, but they were ordered by the superior courts to proceed. They accordingly assessed Stockdale’s damages at £600, and in liquidation thereof entered into possession of Hansard’s premises. The printers once more appealed to the House, which on the first day of the session went into the whole case. On the motion of Lord John Russell, the sheriffs were summoned to the bar of the House for infringing its privileges, and committed to the custody of the sergeant-at-arms. Stockdale was also summoned, cross-examined, and committed, but to Newgate. He, notwithstanding his imprisonment, continued to bring action after action; then his attorneys, through whom they were commenced, were summoned to the bar of the House, and also sent to Newgate. Meanwhile the sergeant-at-arms, under a writ of Habeas Corpus, had to produce the sheriffs at the court of Queen’s Bench; but the judges would not release them, holding that they were legally detained. Much dissatisfaction now began to show itself throughout the country, but the House of Commons would not yield an inch on the question of privilege. The subject was debated night after night, and at last, to settle the matter once for all, Lord John Russell introduced a bill specially intended to protect all parliamentary publications, issued by either House, from any proceedings in any court of law. This was passed in due course, and the privileges of Parliament were upheld.
The sheriffs had already been released from custody on grounds of ill-health. An application was made for the enlargement of Stockdale and his attorneys from Newgate on the passing of the bill, but it was at first rejected. Two months later the application was renewed, and being unopposed, the prisoners were set free.
[84] Prisoners’ evidence.
[85] In 1833 a sentence of death was passed on a child of nine, who had poked a stick through a patched-up pane of glass in a shop-front, and thrusting his hand through the aperture, had stolen fifteen pieces of paint, worth twopence. This was construed into house-breaking, the principal witness being another child of nine, who “told” because he had not his share of the paint. The boy was not executed.
[86] These Newgate tokens were circular thin pieces of metal of various sizes. The initials or the names of a loving pair were punched upon them, together with a heart or some symbol of affection; sometimes with a motto, such as ‘True for ever,’ ‘Love for life.’ The greatest value was attached to these tokens by the criminal classes. Those at large constantly wore them round their necks, and treated them as amulets to preserve them from danger and detection.