The jury found the prisoner guilty, and the Court immediately sentenced him to seven years’ transportation. He was sent to Botany Bay in April 1805.
Frequent convictions of a similar character have taken place, but it is to be hoped, that if the exertions of the police have not been fully successful in putting a stop to the system, the public, at least, have been so far put upon their guard, as that they will not submit to be duped, but that they will first inquire into and ascertain the real claims of the applicants before they extend their charity to them.
THOMAS PICTON, ESQ.
INDICTED FOR APPLYING THE TORTURE TO LOUISA CALDERON, TO EXTORT A CONFESSION.
THE cruelty of the application of the torture to extort confession, cannot but be universally admitted in the present enlightened age. The following remarks of the French philosopher Voltaire admirably illustrate this feeling, and serve well to introduce the case of Governor Picton:—
“All mankind being exposed to the attempts of violence and perfidy,” says he, “detest the crimes of which they may possibly be the victims; all desire that the principal offender and his accomplices may be punished; nevertheless, there is a natural compassion in the human heart, which makes all men detest the cruelty of torturing the accused into confession. The law has not condemned them; and yet, though uncertain of the crime, you inflict a punishment more horrible than that which they are to suffer when their guilt is confirmed. ‘Possibly thou mayest be innocent; but I will torture thee that I may be satisfied; not that I intend to make thee any recompense for the thousand deaths which I have made thee suffer in lieu of that which is preparing for thee.’ Who does not shudder at the idea? St. Augustin opposed such cruelty. The Romans tortured their slaves only; and Quintilian, recollecting that they were men, reproved the Romans for such want of humanity.”
The defendant, Thomas Picton, Esq. was indicted for putting to the torture a female, Louisa Calderon, one of his majesty’s subjects in the island of Trinidad in the West Indies, in order to extort confession.
Mr. Garrow stated the case for the prosecution; and, whilst he expressed the strongest desire to bring to condign punishment the perpetrator of an offence so flagrant as that charged upon the defendant, yet much more happy would he be to find that there was no ground upon which the charge could be supported, and that the British character was not stained by the adoption of so cruel a measure. The island of Trinidad, he said, surrendered to Sir Ralph Abercrombie in the year 1797; and he entered into a stipulation, by which he conceded to the inhabitants the continuance of their laws, and appointed a new governor, until his majesty’s pleasure should be known, or, in other words, until the king should extend to this new acquisition to his empire all the sacred privileges of the laws of England. He had the authority of the defendant himself for stating, that the system of jurisprudence adopted under the Spanish monarch, for his colonial establishments, was benignant, and adapted to the protection of the subject, previous to the surrender of this island to the British arms.
In December 1801, when this crime was perpetrated, Louisa Calderon was of the tender age of ten or eleven years. At that early period she had been induced to live with a person named Pedro Ruiz, as his mistress; and although it appeared to them very singular that she should sustain such a situation at that time of life, yet it was a fact, that in that climate, women often became mothers at twelve years old, and were in a state of concubinage, if, from their condition, they could not form a more honourable connexion. While she lived with Ruiz, she was engaged in an intrigue with Carlos Gonzalez, the pretended friend of the former, who robbed him of a quantity of dollars. Gonzalez was apprehended, and she also, as some suspicion fell upon her, in consequence of the affair, was taken into custody. She was taken before the justice, and, in his presence, she denied having any concern in the business. The magistrate felt that his powers were at an end; and whether the object of her denial were to protect herself, or her friend, was not material. The extent of his authority being thus limited, the officer of justice resorted to General Picton; and he had now to produce, in the handwriting of the defendant, this bloody sentence:—“Inflict the torture upon Louisa Calderon.” There was no delay in proceeding to its execution. The girl was informed in the jail, that, if she did not confess, she would be subjected to the torture; that under this process she might probably lose her limbs or her life; but the calamity would be on her own head, for, if she would confess, she would not be required to endure it. While her mind was in the state of agitation this notice produced, her fears were aggravated by the introduction of two or three negresses into her prison, who were to suffer under the same experiment for witchcraft, and as a means of extorting confession. In this situation of alarm and horror, the young woman persisted in her innocence: and a punishment was inflicted, improperly called picketing. That was a military punishment, perfectly distinct in its nature. This was not picketing, but the torture. It was true, the soldier, exposed to this, did stand with his foot on a picket, or sharp piece of wood; but, in mercy to him, a means of reposing was afforded, on the rotundus major, or interior of the arm. Her position might be easily described. The great toe was lodged upon a sharp piece of wood, while the opposite wrist was suspended in a pulley, and the other hand and foot were lashed together. Another time the horrid ceremony was repeated, with this difference, that her feet were changed.
[The learned counsel here produced a drawing in water-colours, in which the situation of the sufferer, and the magistrate, executioner, and secretary, was described. He then proceeded]:—