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part of the punishment of her son, use of a sentence that disgraced the and that it might be followed, very character of a man. He damned soon, by a free pardon. But this, her blood, and said he would do no he said, was not to be done without more for her son : in that state he money, for there was to be a guinea should leave her, and that he would paid in one way, and a guinea in use his influence to stop the pardon another, so that he was to have from going any further. In this nothing of it himself. If the money distracted state this poor woman was could be procured, the pardon left by the prisoner. However, would follow as of course. The she had afterwards an opportunity jury would easily conceive that a of stating her condition to those inother, believing that a pardon who, for the purposes of public could be thus obtained for her son, justice, instituted this prosecution. would strain every nerve to procure The prisoner's pretence was, that be the money. At first she could only had interest with the duke of Portraise three guineas, part of the sun land. That noble duke was at the which the prisoner required for this head of that department of the state, purpose; part of this she borrowed from wlience, on such occasions, and gave to the prisoner. He then the royal mercy flowed. It was the said he must have more money. He most valuable, the most important, appointed the next day to see her and, he believed, he might add, the for that purpose. He aftcrwards most pleasant prerogative of his gave the mother hopes that pardon majesty, to shew his royal merey; would soon arrive ; in the mean but he was confident that the noble time he had two guineas more of duke would never suffer an appeal her. She saw no more of him for to be made to it, in his name, but in a month, during which time she' the most delicate manner, and on was in the most anxious suspense, the most proper occasion. It was greading the execution of her son, not to be obtained for money, not but still waiting for the hopeful effect by any influence whatever, except of this man's interest with these in cases where it was just and progreat characters.' On a subsequent per that appeal should be made to application from the prisoner to ob- the fountain of mercy. He should tain another guinea from this poor therefore be under the necessity of woman, he had it, and that was all calling upon the noble duke to de. she could raise; she then said clare whether the prisoner had any she hoped the pardon would soon influence with him : not that any arrive. He said it was actually man of sense in the kingdom could accomplished, and only waited for suspect such a thing, but merely certain matters of form that were out of form, to support one of the absolutely necessary in such cases. allegations of this indictment. He He then asked her, in case the par- should put the same question, for don came, how much more she the same reason, to sir Watkin would give him? She said, she Lewes and Mr. Baldwin. He should would make it ten guineas. He call the other witnesses to prove the asked how that was to be paid ? She case, and then, he believed, the jury said she would give him her note of would congratulate themselves on hand. No! a note of hand would the opportunity they had of doing not do; and finding he could not justice to the public in this most imget any thing else from her, he made portant case,
The conviction and sentence of should clear him, so that in a very John Sanders, the person for whom litile time he should go and serve the prisoner pretended he would his majesty. I agreed to give him obtain a pardon, was proved, as a five guineas. He told me if he necessary point of form.
could not get him to serve his Ann Keys, the mother, was then majesty on board a man of war, he called. She gave her evidence as would return me my money again. follows:
He said he had an influence with I had a son of the name of John Mr. Baldwin, and if he knocked at Sanders, he was convicted and con. the door of the duke of Portland's fined in Newgate. I know the pri- house, he was introduced to his soner very well. He became ac- grace when noblemen in their car. guainted with me by means of a riages, were obliged to wait. He woman of the name of Sells. He told me he should not ask for any had done something for some smug- more money; but if he got my son glers that were confined. On the on board a man of war, he should Ist or 2d of July, I do not know leave it to my generosity. He said which, he came to me from Sells, he had an influence with his grace He came to my house on a Saturday, the duke of Portland's groom of the but as I was not at home then, he bed-chamber, and that he had been came again on the Sunday after with him a great many times. I noon. The first thing he asked me told him I had but three guineas was, if I had a son in trouble? I then, but that I would the next day told him I bad. He told me he give him the remaining two gui. could be of great service to him, neas. I gave him the three guineas, but it would be attended with a and the next day he came for the very great expense. I told him I other two. He said he had no was a poor woman, but I would do doubt but that he should get the all that was in my power. He said pardon, and that very soon, to go he was sometimes a rich man him- on board of a man of war, but if his self, sometimes a poor man, some- free pardon came down he should times a house-keeper, and sometimes not be surprized. All I wanted was a room-keeper. He told me he was a pardon on condition of his serving a serjeant under sir Watkin Lewes his majesty. He said that Mr. Bald. in the city militia. He asked me win was a great friend of his ; that what I would agree to give him for he was a serjeant in the city militia. getting my son on board a man of Nothing further passed then. About war? I told him my son had served a fortnight afterwards he came to his majesty, and was wounded on me and shook hands with me; he the 1st of June, and that I wished wished me joy, and told me all was him to serve his majesty again. He finished, but wanted to know if I told me he could do it with a great could let him bave a couple more deal of ease ; that he had cleared guineas. I told him it was not in smugglers, and that it was a great my power. He asked me if I would deal easier to clear a criminal than meet him in Newgate on the next a sinuggler, because smugglers were Sunday, and let hini have one guiagainst government. He said, if I nea more? I agreed to meet him in would put five guineas down, he Newgate, and I met him there in would make no doubt but that he the condenined room, where my
son son was, and there I gare him one should not have a halfpenny of it guinea. He shook hands with my, lett for himself. From that time I son's friend, and wished him joy of saw no more of him, until I saw his friend's pardon, which was come him at Bow-street. down, he said. I did not see him Sarah Hackett corroborated the afterwards for a fortnight or three last witness, and swore she saw some weeks, at which period he called at of the money paid to the prisoner, my house, and told me that ull was who came to the mother's bouse in setiled, but asked me to let hin, have consequence of an application that two more guineas. I told him it she understood had been made to was not in niy power to let him him by the wife of Sanders, and have it. I told bim the agreement who made that application to the was for five guineas; and that I prisoner afier having heard that he would give him more when my son had procured the pardon of some was pardoned on condition of serv- smugglers, ing his majesty ; upon which he The duke of Portland was then put himselt in a great passion, and examined, to prove , the matter of said" Damp his blood, he would form stated by Mr. Garrow. The pot do any more for hiin; and he noble duke said, that the prisoner would stop what he had done for had no influence whatever* with hini." He told me that he saved his bim. Life. “ No,” says I ; " you have Mr. Baldwin said, that certainly not saved bis life. Mr. sheriff Lip-' the prisoner had no influence with irap has saved his life, if it is saved; him, but on the contrary. That be for he had presented a petition for held a confidential office under his bim." The prisoner said, it was grace the duke of Portland, through the same sort of business is the which the letters of pardon came. smugglers': he had been promised He bad seen the prisoner, Knowles, 301. tor that, but had only 131. He before. He did not know whether asked me what money I would give it was for the purpose of soliciting him of my owa generosity, if his pardon that he came to his office. pardon should come down. I told He believed he might bave come to him he had bad six, and that I would his office to solicit pardop for Gee give him four more, to make it ten. and Richards, two smugglers. The He said, "Ten!-what is ten ?" prisoner presented a petition at his “ A great deal," said I, “ for such a otfice, and he thought he said he poor woma' as I am.'' He asked came from sir Watkin Lewes. Gre me bow he was to come at that and Richards were pardoned, but money? I told him I would give him they were pardoned on condition of my note of hand. He said, that' serving in his majesty's navy, and would not do. I said, “I would they were very good seanuen, and seil the bed from under me, when therefore it was thought proper, bis pardon conies, 10 give you the under these circumstances, to pardon money.” He said, that would not them. Some time atier this the do: it was not enough. At this prisoner, he thought, brought anotime I began to suspect. hm. I ther position to the office; whether thought he was a bad man. He it was for Sanders, or for a person said the money went through so of the name of Hill, he did not many difiereni channcis, mal by know. He asked the prisoner how
he came to have any thing to do antecedent to that time. Subsequent with these matters, for be then be- to that time he had employed him gan to suspect him, and doubted on various occasions, in going about whether he was not improperly em- business relative to the regiment, ployed in that sort of business; but on nothing else; and that he unand therefore told him, that any derstood to be the principal employpetition which he should bring after ment. He had not the least influthat would not be attended to, ence with him. On the contrary, because he had great reason to think the prisoner desired him to give a the prisoner was acting improperly. letter to the duke of Portland, or He therefore forbade his coming to Mr. Baldwin, relative to some the office on any business what. pardon ; but he positively refused, ever: not withstanding which, he and told him he never did write a believed that in a day or two after- letter to the secretary of state, or wards he met the prisoner com- make any recommendation in faing from the office. He asked him, voir of any prisoner, unless upon how he could have the assurance of petition presented and recommended coming there after what had passed by persons of respectability, and between then ? and he would ven- whom he knew, stating the proture to affirm, that the prisoner never priety of the application, and certifycould have any ipiiuence, or any ing the general good character and chance of sticceeding in any appli- conduct of the person on whose cation that he should make at the behalf the pardon was solicited. office for pardon or any other fa- Mr. Knapp addressed the jury, on Your.
behalf of the prisoner, in a specch of This was in the summer ; but considerable length, in which he whether in the month of July or contended, that, although it was not, he could not tell. Mr. Bald. clear from the evidence of the noble win added, he thought it was fit duke, of sir Waikin Lewes, and of that the court should know, (he was his learned friend Mr. Baldwin, sure it was fit that the public should that the prisoner had no influence know), that there was not one far- with either, yet from all the circumthing of expense attending applica- stances of the case it was not unreations for pardons. No fees what, sonable to suppose, that the prisoner ever are paid, nor any required that might have thought he could have he knew of, upon these applications. ' succeeded in this case as he did in That whenever a pardon was ob- the case of the smugglers, and theretained, it was without one farthing fore there was no intent to defraud expense in the granting it.
the person of whom the money was Sir Watkin Lewes was then ex- obtained for soliciting this pardon. amined. He said he knew the pri He maintained that the parties had soner at the bar. He was recom- agreed in this case, that the prisoner mended to him as a serjeant in the should try what he could do; and London militia. He told him he although he failed, yet as he had appeared to be too old for that of- used his endeavours, he bad not obfice, but afterwards he told him he tained the money under false prewould make him a temporary ser- tences, but was entitled to take it Jeant, and that was the way he came upon the general maxim, that every to make use of the name of sir Wat. labourer is worthy of his hire. kin Lewes. He did not know him The prisoner said a few words in
his own defence, but which had but abuse that prerogative, and at the little bearing upon the case.
same time imposed on the minds of The chief baron, in an able men, who were overwhelmed with charge, stated to the jury the sub- terror when their lives were in stance of the indictment, the whole jeopardy. And further, that the of the evidence, and commented public opinion should be confirmed upon the points which were most that the royal mercy flows in so material for their consideration pure a channel, that nothing can
This indictment, he said, was corrupt or injure it. The price founded on an act of parliament which we paid in this country for passed in the 30th year of the late the due administration of justice and king. The necessary ingredients to the settled rules of law, applied to prove this charge were, That the the prerogative of mercy, as well party accused should be proved to as every other branch of distribuhave represented himself to be in a tive justice; because it was impossituation in which he was not; or sible to settle any precise rule of law stating a thing to have happened which might not become too severe, wbich he knows has not happened; if applied to every particular case or stating that such a thing is likely that came under the description of to happen which he has no reason that precise rule. Let precise rules to believe will happen. These were be ever so wisely formed, soinę parthe three ingredients which were ticular cases would fall under them, necessary to substantiate the charge which, if judged of rigidly, would exhibited against the prisoner at the be burtful to the feelings of the bar,
most humane and the most consiInconsidering this case, he thought derate; and therefore it was that the it necessary to caution the jury in prerogative of pardon was given to this stage of the business, to repress the king, in order that those cases all species of resentment against the which could not be disposed of by act with which the prisoner was these rules without great distress to charged; to keep their minds per our feelings, inight be softened down tectly cool upon the matter; and to by the exercise of royal mercy. leave out of the case entirely, for the Without such a prerogative, positive present, all feelings of resentinent rules might sometimes occasion subagainst the detestable nature of the stantial injustice, and on this acoffence. This was important in count his majesty's power to pardon many views of the subject. It was became one of the great advantages highly important to the individual of the subject. With respect to pe. who stood charged, and highly im. țitions for mercy, it was not to be portant also to the public admini. considered that the leave to present stration of justice. It was impos. a petition was matter of favour. It sible that any thing should be niore was the right of the subject in this important to this country than this, country to petition for mercy as that the royal mercy should not be well as for any other object. When obstructed, or interrupted by the these petitions were presented, they artifice of individuals making an im- were sifted as much as possible at pression against the propriety of ap- the office of the secretary of state, plying for mercy, by the effect and the result of the whole was which their .conduct might have in laid before his majesty, who, with cases where they had attempted to the advice of his council, dis