Mr. Bennetsaid, he held in his hand a Petition to which he should beg the attention of the House, and which if correct, formed a serious charge against some persons entrusted with the administration of justice. The petitioner, a Mr. Griffiths, was a stationer and paper-hanger in Oxford-street. In the course of the last year a captain Hay or Hoy, a man of fortune, who passed for a gentleman, had lodged in the house of the petitioner. The wife of the petitioner, who it appeared was a beautiful and interesting woman, was alone in her parlour, when this captain Hay made a most atrocious assault on her person: in consequence of her screams he was, however, obliged to quit the House without effecting his purpose; but in consequence of this assault she miscarried. Captain Hay, was tried for this offence at the Middlesex sessions, on the 18th of Feb. and to the surprise of every one set up an alibi. The statement of Mrs. Griffiths, who, of course, was the principal witness, was confirmed by the neighbours, and the witnesses whom captain Hay adduced to prove the alibi, were completely disbelieved by the jury, as was proved by their verdict. The chairman in summoning up stated, that he never recollected a case in which more barefaced and deliberate perjury had been resorted to in defence of a prisoner, and recommended the petitioner to prosecute the principal witness, who was now suffering punishment for his crime. The jury, without hesitation found, the prisoner guilty, and the chairman in passing sentence on him remarked that the magnitude of his 536 crime was increased by the defence set up, and that it was necessary to make an example of him. He was then sentenced to be imprisoned 12 months, and to pay a fine of 20l. Captain Hay was kept a fortnight in custody, during which time, being a man of property, he was lodged in the governor's house: and before the conclusion of the sessions, the magistrates of their own authority, discharged this person. The petitioner therefore humbly represents to the House, "that he has in vain appealed to the laws of his country for redress against a rich man, for, though the defendant was convicted of a most indecent assault on a married woman within the protection of her husband's walls, in attempting to commit one of the grossest outrages on her person that it is possible for a woman to sustain, and then, by the most malignant perjury, endeavoured to protect himself, and damn her reputation more than even the act of adultery itself would have done, yet he has been enabled to evade the sentence of the court, and has only been imprisoned a few days in comfortable apartments, and fined the sum of 20l., whilst, on the other hand, the petitioner, the injured party, has been exposed to great anxiety and very heavy expenses for the attendance of a surgeon on his wife, rendered necessary in consequence of the assault committed on her, and also the charges of two expensive prosecutions, one of which was instituted at the express desire of the court; and the individual at whose hands he has received such aggravated injuries and insults is now walking abroad, and has been seen parading triumphantly before the petitioner's door, exulting in the pride of his oppression, and the glory of his wrong; the petitioner therefore most humbly prays such redress as to the House shall seem meet." Mr. Bennet said, he should,; after the petition had been laid on the table, move for copies of the indictment and the order for the discharge of Hay; and if the case turned out as had been represented to him, he should submit a motion to the House on the subject.
§ The petition being read,
§ Mr. Bathurstexpressed some doubt whether the petitioner had pursued the most advisable course—whether he had not his remedy at law.
§ Mr. Broughamsaid, the conduct of the magistrates was most extraordinary, and called for the interference of that House. The power of the magistrates to mitigate 537 the extent of punishment previously to passing sentence, he admitted; but he denied that they had any legal power to reduce the sentence after it had once been pronounced from the bench.
§ Ordered to lie on the table.