stronghold of the borough, and safely placed under
lock and key. Things, however, did not long continue
in this state. In a few days twelve writs of
habeas corpus made their sudden and unexpected
appearance, by which Mr Batcheldor was commanded forthwith
to bring the bodies of his charges, together with
the causes of detention, before the Lord Chief Justice
of England. Mr Batcheldor obeyed the command
in both particulars; the judges of the Court of Queen’s
Bench met; counsel argued and re-argued the matter
before them, but in vain—the prisoners
were left in the governor’s care, in which they
remained, as if no effort had been made to remove then
from his custody. All, however, was not yet over;
for, as though labouring under a strange delusion,
four of the prisoners actually made oath that they
had never been arraigned, tried, convicted, or sentenced
at all, either in Canada or elsewhere! Upon this
four more writs of
habeas corpus issued, commanding
the unhappy Mr Batcheldor to bring the four deluded
convicts before the Barons of the Exchequer. This
was done; arguments, both old and new, were heard
with exemplary patience and attention; the play was
played over again; but the Barons were equally inexorable
with the Court of Queen’s Bench, and the four
prisoners, after much consideration, were again remanded
to the custody of the governor of the jail, and, together
with their eight fellow-prisoners, were, in course
of time, duly conveyed to the place of their original
destination.
The next of these cases, in chronological order, is
that of the Monmouthshire riots in 1839. This
case, also, might tend to corroborate the opinion,
that the service of the state, in legal matters, is
attended with much difficulty and embarrassment.
It will, however, be seen upon examination of the
facts of the case, that the difficulty which then
arose, proceeded solely from the lenity and indulgence
shown to the prisoners by the crown. On New-Year’s
day 1840, John Frost and others, were brought to trial,
on a charge of high treason, before a special commission
at Monmouth. The proceedings were interrupted
by an objection taken by the prisoners’ counsel,
that the terms of a statute, which requires that a
list of witnesses should be delivered to the prisoners
at the same time with a copy of the indictment,
had not been complied with. The indictment had,
in fact, been delivered five days before the list
of witnesses. This had been done in merciful
consideration to the prisoners, in order that they
might be put in possession of the charge, to be brought
against them, as early as it was in the power of the
crown to give them the information, and probably before
it was possible that the list of witnesses
could have been made out. The trial, however,
proceeded, subject to the decision of the fifteen
judges upon the question, thus raised upon the supposed
informality, which nothing but the anxious mercy
of the crown had introduced into the proceedings; and