Lords Sitting of 28 February 1811

BERKELEY PEERAGE.
The Lord Chancellorthought it right to call the attention of the House to a point which he conceived to be of considerable importance, relating to the case of the Berkeley Peerage. In all questions of this nature, it was the practice of the House to give notice to the person who had the semblance of right to the Peerage claimed, in case the actual claimant did not make good his claim, in order that he might appoint some one to attend at the bar, to take care of his interests. In the present case, the person who would be entitled, if the now claimant to the Berkeley Peerage did not make good his claim, namely, the son of the second marriage, in fact was a minor, and could not, therefore, legally appoint any one to take care of his interests, and lady Berkeley was appointed his guardian. Lady Berkeley was anxious that what was right should be done, and as it was highly desirable that her ladyship should be relieved from the peculiarly difficult situation in which she would stand between the interests of her two sons, he. suggested that the most satisfactory course would be to address his royal highness the Prince Regent to direct one of the law officers of the crown to attend at the bar, to take care of the interests of this younger son. His lordship concluded by giving notice of his intention to move to-morrow for a

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committee, to consider of what was right to be done in this case, and to report to the House.

DEATH OF A POOR DEBTOR CONFINED IN THE MARSHALSEA.
Lord Hollandcalled the attention of their lordships to a circumstance which he considered of the greatest importance: he alluded to the verdict of a coroner's jury in January last, on the body of a person deceased in the Marshalsea prison, and who was stated to hare died from want. The particulars of this case were peculiarly afflicting. The unfortunate individual was immured in the Marshalsea prison in November last, for a debt of only seven pounds. It appeared that he was in the greatest distress, and had no other means of subsistence than the charity of his unhappy fellow sufferers in the same prison. He was reduced even to gnaw the bones which were thrown into the yard; he had neither bed nor cloathing; the miserable room which he inhabited had no window; and when the jury viewed the body, it was in a state which it was impossible to describe. The coroner's jury had actually returned a verdict of "starved to death," but upon re-consideration, they finally returned the mitigated verdict of "we verily believe that the deceased's death was caused by want of food and cloathing, and of proper attention in his illness." The facts which he stated could be proved in evidence, is thought necessary, at their lordships' bar. He thought it right to mention, that two shillings were found upon the deceased, but from all the circumstances that had transpired, (here was every reason to believe, that these two shillings, if not conveyed into the pocket of the deceased after his death, were at least given to him at a period when it was too late to be of any service to him. From the slow process of the law, five months must elapse before the prisoner for debt could obtain from his creditor who kept him in prison, the miserable pittance of six-pence per day, and this wretched individual had, in the mean time, been reduced to this dreadful state of distress. He thought it his duty to make a motion, in order that this case might be brought before the House, and more particularly at this time, when the law of Debtor and Creditor was under their lordships' consideration, upon the I bills which had been by the noble and learned lord (Redesdale) presented to their notice. If their lordships had any wish to stand well with the people, he was cer-
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tain they could not adopt a course more likely to insure the good will and affec-ticns of the people than that of keeping a strict watch over the details of the administration of justice. His lordship concluded by moving, "That the proper officer do lay before the House, a copy of the Proceedings before the Coroner, and of the verdict of the Coroner's Jury on the body of William Culver deceased, in the prison of the Marshalsea,* in January last."—Ordered.
* The following were the depositions taken before the coroner respecting the death of this individual:
"Thomas Canfield, a prisoner in the said Marshalsea prison, on his oath, saith, That on or about the 15th of November last, the said Thomas Culver was brought into the said prison as a prisoner for debt, and he was then apparently well, but was taken ill soon after, and continued so till the day of his death, the 4th of January inst.; he says his complaint was a dysentery, that he was once during the time better, and had a relapse, but after that continued getting worse; he says, Mr. Phillips, the surgeon, attended him (luring his illness, and that he was taken necessary care of as far as the comforts of the prison afforded, and that he did not die in consequence of any ill treatment from the master of the prison, or any other person whomsoever, and that he believes that what he applied for to the keeper, by way of necessaries, he had; and that he had two shillings in his pocket when he died.
"Owen Tyndal, of the said prison, on his oath, saith. That on Thursday evening last he was desired to sit up with the said Thomas Culver, he being then very ill, and he went to him about eight o'clock on the Thursday evening, and found him so; and he continued with him till the Friday morning following, the 4lh of January, till about six o'clock, when he died. He says, he expressed satisfaction for the usage he had met with from Mr. Jenkins, the keeper, and from several other persons in the prison, and no complaint whatever.
"Andrew Kauffman, a prisoner in the said prison, on his oath, saith, That the said Thomas Culver came into the said prison in the month of November last, that he then appeared to be welt, and in about a fortnight afterwards he was taken iil, and continued so till about a fortnight ago, and then he came into his room