Imágenes de páginas
PDF
EPUB

676. Proceedings before the Court of King's Bench Westminster, in the Case of THOMAS PICTON, Esq., sometime Governor and Commander in Chief over and in the Island of Trinidad in the West Indies, on an Indictment for a Misdemeanor, in causing the Torture to be inflicted upon LUISA CALDERON, a free Mulata, in the Island of Trinidad aforesaid: 44-52 GEORGE III. A. D. 1804-1812.*

[blocks in formation]

THOMAS PICTON, Esquire, for a Misdemeanor. THOMAS PICTON late of Port of Spain in the island of Trinidad but now of Pantonsquare in the parish of Saint James Westminster in the county of Middlesex esquire maketh oath and saith that soon after the capture of the said island by his majesty's arms in the year one thousand seven hundred and ninety-seven he this deponent was appointed by sir Ralph Abercombie the then commander of his majesty's troops in the West Indies governor and commander-in-chief over and in the said island of Trinidad And this deponent further saith that the present prosecution is instituted against this deponent in respect of certain proceedings which are alleged to have been by him this deponent as such governor as aforesaid had and taken against Luisa Calderon in the indictment in this prosecution named And that the whole of the proceedings against the said Luisa Calderon were in writing and are matter of record in the said island But this deponent further saith that having no copies of the said records nor being able as he is advised to produce the necessary evidence thereof or to show the laws and

[blocks in formation]

usages of the said island he this deponent is under the necessity of praying a mandamus to examine the honourable St. Hilaire Begorrat esquire the first alcalde or chief magistrate of Port of Spain aforesaid Pedro Ruiz of the same place a Spanish trader and several other material witnesses resident in the said island as to the laws and usages thereof and the aforesaid proceedings against the said Luisa Calderon And is advised and verily believes be this deponent hath a good defence to the said prosecution but that he cannot safely proceed to trial without such proof and testimony as aforesaid. TH. PICTON.

Sworn in Court this fourth

day of May 1804.

By the Court.
The Court accordingly issued the following
Mandamus:

Easter Term in the forty-fourth year of the

reign of king George the Third:

Middlesex-GEORGE the Third by the grace of God of the United Kingdom of Great Britain and Ireland king defender of the faith To the governor or in his absence to the lieutenant-governor of our island of Trinidad in America or in the absence of the said governor and lieutenant governor to John Nihell greeting Whereas on Monday next after the octave of the Purification of the Blessed Virgin Mary in Hilary Term in the forty-fourth year of our reign a certain indictment was found in our court before us, upon the oaths of twelve jurors sworn and charged to inquire for us for the body of our county of Middlesex against Thomas Picton late of Port of Spain in the island of Trinidad and also late of Panton-square in the parish of Saint James Westminster in the county of Middlesex esquire a person employed in our service in a civil and military station out of Great Britain to wit in the island of Trinidad for certain crimes misdemeanors and offences charged to have been committed by him

under colour of his said station at Port of Spain in the said island of Trinidad (that is say) for that he the said Thomas Picton on the nineteenth day of December in the forty-second year of our reign and long before was a person employed in our service in a civil and military station out of Great Britain to wit in the island of Trinidad And that he the said Thomas being so employed as aforesaid but unlawfully wickedly and maliciously intending to aggrieve and oppress one Luisa Calderon of port of Spain aforesaid in the said island of Trinidad und to expose the said Luisa to great ignominy and shame and to great anguish of body and mind on the said nineteenth day of December in the year aforesaid at Port of Spain in the island of Trinidad to wit at Westminster in the county of Middlesex with force and arms unlawfully cruelly and inhumanly and withont any reasonable or probable cause under colour of his said station did cause and procure the said Luisa (being a young woman under the age of fourteen years in the peace of God and of us then and there being) to be unlawfully cruelly and inhumanly tortured by means of fastening and affixing to the wrists of the said Luisa a certain rope passing through a certain pulley then and there annexed to the ceiling of a certain room in a certain prison in the said island of Trinidad to wit at Westminster aforesaid in the county aforesaid and by such rope raising and pulling up the said Luisa lowards the ceiling aforesaid and lowering her again upon a certain sharp spike of wood so that the feet of the said Luisa fell upon the said sharp spike before then affired to the floor of the said room of the said prison and keeping the said Luisa so suspended and with the weight of her body resting on her said feet on the said spike for a great length of time to wit for the space of half an hour and alternately rais ing the said Luisa in the manner aforesaid and lowering her again on the said spike and keeping her on the said spike for certain other long spaces of time to wit for the space of twenty minutes at each of such times By means of which said cruel and inhuman torture the hands wrists arms and feet of the said Luisa were cruelly and severely bruised strained and wounded and the said Luisa was thereby rendered sick weak and distempered and her life greatly endangered and hath been ever since rendered weak and sick and distempered To the great injury and oppression of the said Luisa In contempt of us and our laws In manifest violation of the liberties of our subjects To the great perversion of public justice and in breach and violation of the duty of his station aforesaid To the evil example of all others in the like case offending and against our peace our crown and dignity.-2nd, Count] And for that

the said Thomas being so employed in such station as aforesaid unlawfully and maliciously intending to injure and prejudice and oppress the said Luisa as afore said afterwards to wit on the said nineteenth day of December in the year aforesaid with force and arms at Port of Spain in the said island of Trinidad to wit at Westminster aforesaid in the county aforesaid unlawfully wickedly and maliciously and without any reasonable or lawful cause whatsoever in and upon the said Luisa in the peace of God and us then and there being did make an assault and her the said Luisa then and there unlawfully cruelly and inhumanly without any lawful cause wound and ill-treat and cruelly and inhumanly torture for a long space of time to wit for the space of twenty minutes so that her life was thereby greatly despaired of and other wrongs to the said Luisa then and there did To the great damage of the said Luisa To the, evil example of all others in the like case offending and against our peace our crown and dignity.-[3rd Count] And for that the said Thomas being so employed as aforesaid wickedly and maliciously intending as aforesaid afterwards to wit on the twentieth day of December. in the year aforesaid at Port of Spain in the island of Trinidad. to wit at Westminster aforesaid in the county aforesaid with force and arms unlawfully cruelly and inhumanly and without any reasonable or probable cause under colour of his said station did cause and procure the said Luisa (being a young woman under the age of fourteen years in the peace of God and of us then and there being) to be unlawfully cruelly and inhumanly tortured by means of fastening and affixing to the wrists of the said. Luisa a certain rope passing through a certain pulley then and there annexed to the ceiling of a certain room in a certain prison in the said island of Trinidad to wit at Westminster aforesaid in the county aforesaid and by such rope raising and pulling up the said Luisa towards the ceiling aforesaid and lowering her upon a certain sharp spike of wood so that the feet of the said Luisa fell upon the said sharp spike before then affixed to the floor of the said room of the said prison and keeping the said Luisa so suspended, and with the weight of her body resting, on her said feet on the said spike for a great length of time to wit for the space of half an hour and alternately raising the said Luisa in the manner, aforesaid and lowering her again on the said spike and keeping her on the said spike for certain other long spaces of time to wit for the.. space of twenty minutes at each of such times by means of which said cruel and inhuman torture the hands wrists arms

'

and feet of the said Luisa were cruelly and severely bruised strained and wounded and the said Luisa was thereby rendered sick and distempered and her lifet greatly endangered and hath been ever since rendered weak and sick and distempered To the great injury and oppression of the said Luisa In contempt of us and our laws In manifest violation of the liberties of our subjects To the great perversion of public justice In breach and violation of the duty of his station aforesaid To the evil example of all others in the like case offending and against our peace our Crown and dignity. -[4th Count] And for that the said Thomas being so employed in such station as aforesaid unlawfully and maliciously in. tending to injure and prejudice and oppress the said Luisa as aforesaid afterwards to wit on the twentieth day of December in the year aforesaid with force and arms at Port of Spain in the said island of Trinidad to wit at Westminster aforesaid in the county aforesaid unlawfully wickedly and maliciously and without any reasonable or lawful cause whatsoever in and upon the said Luisa in the peace of God and us then and there being did make an assault and then and there unlawfully cruelly and inhumanly without lawful cause wound and ill-treat and cruelly and inhumanly torture the said Luisa for a long space of time to wit for the space of twenty minutes so that her life was thereby greatly despaired of and other wrongs to the said Luisa then and there did to the great damage of the said Luisa to the evil example of all others in the like case offending and against our peace our crown and dignity. -[5th Count] And that for the said Thomas being so employed in such station as aforesaid but unlawfully wickedly and maliciously intending as aforesaid afterwards to wit on the eighth day of De cember in the year aforesaid at Port of Spain in the island of Trinidad aforesaid to wit at Westminster aforesaid in the county aforesaid with force and arms unlawfully cruelly and inhumanly and without any reasonable or lawful cause under colour of his said station did cause and procure the said Luisa in the peace of God and us then and there being to be taken into custody and imprisoned and while in prison to be cruelly and unmercifully tortured and put and kept in irons and fetters fastened and affixed to the said Luisa and to be locked and confined ! in the stocks and then and there causing the said Luisa to be kept and detained so imprisoned for a long space of time to wit for the space of eight months so that her life was thereby greatly despaired of and other wrongs to the said Luisa then and there did to the great injury oppres

sion and damage of the said Luisa In contempt of us and our laws To the great perversion of public justice and in breach and violation of the duty of his station aforesaid To the evil example of all others in the like case offending and against our peace our crown and dignity. -[6th Count] And for that the said Thomas being so employed as aforesaid afterwards to wit on the said eighth day of December in the year aforesaid at Port of Spain aforesaid in the island of Trinidad to wit at Westminster aforesaid in the county aforesaid with force and arms unlawfully inhumanly and wickedly and without any reasonable or lawful cause whatsoever in and upon the said Luisa in the peace of God and us then and there being did make an assault and then and there unmercifully and cruelly did bruise beat wound and ill-treat the said Luisa and then and there imprisoned the said Luisa and then and there kept and detained the said Luisa so imprisoned for a long space of time to wit for the space of eight months so that her life was thereby greatly despaired of and other wrongs to the said Luisa then and there did to the great damage of the said Luisa To the evil example of all others in the like case offending and against our peace our crown and dignity.-[7th Count] And for that the said Thomas afterwards to wit on the nineteenth day of December in the year aforesaid at the Port of Spain aforesaid in the island of Trinidad to wit at Westminster aforesaid in the county aforesaid with force and arms unjustly and cruelly and without any reasonable or lawful cause upon the said Luisa did make an assault and then and there inhumanly and unmercifully beat_bruised wounded ill-treated and tortured the said Luisa so that her life was thereby greatly despaired of and other wrongs to the said Luisa then and there did To the great damage of the said Luisa To the evil example of all others in the like case offending and against our peace our crown and dignity.

And whereas application hath been there. upon made to our said court before us on behalf of the said Thomas Picton the defendant in the said indictment to award a writ of mandamus for the purpose of obtaining and receiving proofs concerning the matters charged in the said indictment pursuant to the statute. in such case made and provided And we being willing that due and speedy justice should be done in the premises do command you the said governor of our said island of Trinidad or in your absence the lieutenant-governor of our said island or in the absence of the said governor and lieutenant-governor you

the said John Nihell that you do hold a court session or meeting with all convenient speed for the examination of witnesses and receiving other proofs concerning the matters charged in the said indictment and in the mean time do cause such public notice to be given of the holding of the said court and issue such summons or other process as may be requisite for the attendance of witnesses and do adjourn from time to time as occasion may require pursuant to the statute in such case made and provided And that you and every of you do perform all such other matters and things as by the said statute is required in the premises And how you shall have executed this our writ make known to us at Westminster with all convenient speed at the same time returning to us the examinations and proofs which you or any of you shall have taken by virtue of this our writ closed up and under such seal or seals as by the said statute is required together with this our said writ witness EDWARD LORD ELLENBOROUGH at Westminster the twelfth day of May in the forty-fourth year of our reign. By the Court-TEMPLER.

By Rule of Court.

The like writ was issued for the examination of witnesses on the part of the prose cution.*

The following return to these writs of Mandamus was presented in Michaelmas Term,

1805.

TRINIDAD.—I humbly certify to his majesty in his court of Kings-bench at Westminster that by virtue of two several writs of Mandamus issued out of the said court and hereunto annexed I caused public notice to be given of a court session or meeting to be holden on the sixth day of December eighteen hundred and four at Port of Spain in the said island for the purposes in the said writs mentioned and as I am thereby commanded And that such court session or meeting was accordingly held on the day aforesaid and from thence continued by adjournment from time to time until Friday the sixteenth day of August last when the examinations of the witnesses and other proofs as well on the part of the prosecution as of the defendant Thomas Picton esq. were closed and the court

The two writs of Mandamus only varied from each other in the statement, that one was for the examination of witnesses on the part of the prosecution, and the other for the defendant. The Mandamus for the defendant having been granted, the other was granted of course,

adjourned sine die—And I further certify that on Saturday the twenty-eighth day of August last Mr. Hayes on behalf of the prosecution applied for a further day to examine other witnesses which application I granted and appointed a court to be held on Thursday the fifth day of September instant for that purpose on which said last-mentioned day Mr. Attorney General attended for the said defendant but neither Mr. Hayes nor any of the said witnesses for the prosecution attended Whereupon I made an order that the said witnesses should be produced before me on Friday the sixth day of September instant at ten o'clock in the forenoon to be examined or otherwise that the said examinations and other proofs should be peremptorily and finally closed unless cause should be shown to the contrary on the said fifth day of September And that on the said sixth day of September I attended at the council-chamber in the said island from the hour of ten o'clock till eleven in the forenoon to hear and reccive such further evidence as might be adduced on the part of the said prosecution But neither the said Mr. Hayes nor the said witnesses attending and no cause having been shown against the said order and oath being made before me of the service thereof on the said Mr. Hayes I ordered the said examinations and other proofs as well on the part of the said prosecution as of the said defendant to be peremptorily and finally closed and the court to stand adjourned sine die And lastly I certify that the said examinations (contained in sixty sheets of parchment and paper) taken before me by George Knox esq. the person sworn duly to take the same and all other proofs matters and things relating thereto are hereunto also annexed Given under my hand and seal at Government House in the said island of Trinidad this seventh day of September in the fortyfifth year of the reign of our sovereign lord George the Third by the grace of God of the united kingdom of Great Britain and Ireland king defender of the faith and in the year of our Lord one thousand eight hundred and five

T. HISLOP Lt. Gov.* (L. S.)

The examinations and proofs annexed to the above certificate of his excellency the lieutenant-governor are as follow:

Here follow the two rules of the court of King's-bench, the first made on Saturday next after the morrow of the Ascension, and the other on Friday next after the octave of the Holy Trinity, 44 Geo. 3rd, and the two writs of Mandamus, issued out of the said

court.

TRINIDAD.

The KING against THOMAS PICTON, esq.

At a Court holden at the CouncilChamber in Government House, at Port of Spain in the island of Trinidad, on Thursday the twenty-second day of November, in the forty-fifth year of the reign of our sovereign lord George the Third by the grace of God of the united kingdom of Great Britain and Ireland king defender of the faith, and in the year of our Lord one thousand eight hundred and four, before his excellency Thomas Hislop esq. brigadier-general in his majesty's service and lieutenant-governor commanding in chief of the said island of Trinidad, by virtue of certain writs of Mandamus issued out of his said majesty's court of King's-bench at Westminster, for the examination of witnesses and for the receiving other proofs, concerning the matters charged in a certain indictment found in his majesty's said court of King's-bench against Thomas Picton esq. on the prosecution of his majesty on the behalf of Luisa Calderon ;

Present

His Excellency the Lieutenant-Governor.

The Court being duly opened by proclamation, and his excellency having been pleased to request George Knox esq. solicitor-general of the island of Tobago to act as the clerk of this court, his commission was read and he was sworn accordingly,

Upon reading a rule made in a certain prosecution commenced in the court of our lord the king before the king himself at Westminster, wherein his majesty on the behalf of Luisa Calderon is the prosecutor and Thomas Picton esquire the defendant, on Saturday next after the morrow of the Ascension of our Lord in the forty-fourth year of king George the Third, and two writs of Mandamus issued in consequence of the said rule directed to the governor of the island of Trinidad or in his absence to the lieutenant-governor of the said island or in the absence of the said governor and lieutenant-governor to John Nihell; It is ordered that the same be filed in this court and the same were filed accordingly :

And it is further ordered that Thursday the sixth day of December next be appointed for the holding a court for the examination of witnesses, and for the receiving other proofs concerning the matters charged in the said indictment; and that public notice be given of the holding of the said court at least ten days previous thereto by papers signed by the clerk of the court to be affixed at such

public places where public notices are usually fixed, viz. on the porticoes of Government House, of the Spanish church, and of the court of alcaldes in ordinary, and on the wharf, and by public advertisement in the Trinidad Courant paper.

And it is further ordered that such notice and advertisement shall be printed in the Spanish French and English languages. And it is further ordered that the clerk of the court do issue such subpœnas as may be required by either party to compel the attendance of witnesses for the purpose of their being examined in the said prosecution.

Mr. Attorney General (the honourable Archibald Gloster) informed the Court that he had his excellency's special commission to appear as counsel for the defendant, and Charles Augustus Hayes esquire barrister at law informed, the Court that he was retained as counsel for the prosecution; It is therefore ordered that all orders papers and notices that issue in this prosecution be served on Mr. Attorney General and Mr. Hayes, and that such service shall be deemed good service on the party.

Adjourned by proclamation unto Thursday the sixth day of December next.

GEORGE KNOX, Clerk of the Court.

At a Court holden pursuant to adjournment at the Council Chamber in Government House, at Port of Spain in the island of Trinidad, on Thursday the sixth day of December, in the forty-fifth year of the reign of our sovereign lord George the Third by the grace of God of the united kingdom of Great Britain and Ireland king defender of the faith, and in the year of our Lord one thousand eight hundred and four, before his excellency Thomas Hislop esquire brigadiergeneral in his majesty's service and lieutenant-governor commanding in chief of the said island of Trinidad, by virtue of certain writs of Mandamus issued out of his said majesty's court of King's-bench at Westminster, for the examination of witnesses and for the receiving other proofs, concerning the matters charged in a certain indictment found in his majesty's said court of King's-bench against Thomas Picton esquire on the prosecution of his said majesty on the behalf of Luisa Calderon;

Present

His Excellency the Lieutenant Governor.

Proclamation being duly made; the proceedings of the last court were read; the exhibit marked A* (hereunto annexed) was produced and ordered to be filed, and the same was filed accordingly.

See it infrà.

« AnteriorContinuar »