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.