ings in the indictment had been read by the junior counsel in the usual form, Mr. Garrow thus related the circumstances of the case: zalez was apprehended, and she also, as some suspicions fell upon her in consequence of the affair. She was taken before the justice, as we, in our language, should denominate him, and in his presence she denied having any concern in the business. The magistrate felt that his powers were at an end, and whether the object of her denial were to protect herself or her friend, is not material to the question before you. The extent of his authority being thus limited, this officer of justice resorted to general Picton; and I have to produce, in the hand-writing of the defendant, this bloody sentence: "The island of Trinidad surrendered to that illustrious character, sir Ralph Abercrombie, whose name will ever incite gratitude and admiration, in the year 1797; and he entered into a stipulation, by which he conceded to the inhabitants the continuance of their laws, and appointed a new governor, until his majesty's pleasure should be known, or, in other words, until the king of Eugland, in his paternal character, should extend to this new acquisi-Inflict the torture upon Louisa tion to his empire all the sacred privileges of the laws of England. I have the authority of the defendant himself for stating, that the system of jurisprudence adopted under the Spanish monarch, for his colonial establishments, was benignant, and adapted to the protection of the subject, previous to the surrender of this island to the British arms. "In December, 1801, when this crime was perpetrated, Louisa Calderon was of the tender age of ten or eleven years. At that carly period, she had been induced to live with a person of the name of Pedro Ruiz, as his mistress, and although it appears to us very singular, that she should sustain such a situation at that time of life, yet it is a fact, that, in this climate, women often be come mothers at twelve years old, and are in a state of concubinage, if, from their condition, they can. not form a more honourable connection. While she lived with Ruiz, she was engaged in an intrigue with Carlos Gonzalez, the pretended friend of the former, who robbed him of a quantity of dollars. Gon Calderon.-You will believe there was no delay in proceeding to its execution. The girl was informed, in the gaol, that if she did not confess, she would be subjected to the torture; that under this process she might probably lose her limbs or her life, but the calamity would be on her own head, for, if she would confess, she would not be required to endure it. While her mind was in the state of agitation this notice produced, her fears were aggravated by the introduction of two or three negresses into her prison, who were to suffer under the same experiment, for witchcraft, and as a means of extorting confession: In this situation of alarm and horror, the young woman persisted in her innocence, the punishment was inflicted, improperly called picketing, which is a military punishment, perfectly distinct. This is not picketing, but the torture. It is true, that the soldier, exposed to this, does stand with his foot on a picket, or sharp piece of wood, but, in mercy to him, a means of reposing is afforded on the rotundus major, or interior of the the arm. This practice, I hope, will not in future be called picketing, but pictoning, that it may be recognized by the dreadful appellation which belongs to it. Her position may be easily described. The great toe was lodged upon a sharp picce of wood, while the opposite wrist was suspended in a pully, and the other hand and foot were lashed to gether, so that it was impossible she could afford herself any relief from the anguish she suffered. In this state of agony, she confessed that Carlos Gonzalez had stolen the property, and was continued in this dreadful situation, under the inspection of a magistrate, during the space of fifty-three or fifty-four minutes by a watch, which was provided, from some supposed notion, that the torture could not be inflicted for more than an hour at a time, and that the pleasure of seeing the victim might not occasion it to be continued longer than the personal security of the officer rendered prudent. The first punishment not being sufficient, the horrid ceremony was again repeated." [The learned counsel here produced a drawing in water colours, in which the situation of the sufferer, and the magistrate, executioner, and secretary was described. He then procceded] "It appears to me, that the case, on the part of the prosecution, will be complete when these facts are established in evidence; but I am to be told, that though the highest authority in this country could not practise this on the humblest individual, yet, by the laws of Spain, it can be perpetrated in the island of Trinidad. I should venture to assert, that if it were written in characters impossible to be misunderstood, that if it were the acknowledged law of Trinidad, it could be no justification of a British governor. Nothing could vindicate such a person but the law of imperious necessity, to which we must all submit. It was his duty to impress upon the minds of the people of that colony, the great advantages they would derive from the benign influence of British jurisprudence; and that in consequence of being received within the pale of this government, torture would be for ever banished from the island. It is, therefore, not sufficient for him to establish this sort of apology; it is required of him to shew, that he complied with the institutions under the circumstances of irresisti ble necessity. This governor ought to have been aware, that the torture is not known in England; and that it never will be, never can be, tolerated in this country. "The trial by rack is utterly un. known to the law of England, though once, when the dukes of Exeter and Suffolk, and other ministers of Henry VÍ. had laid a design to introduce the civil law into this kingdom, as the rule of government, for a beginning thereof, they erected a rack for torture, which was called in derision the duke of Exeter's daughter, and still remains in the Tower of London, where it was occasionally used as an engine of state, not of law, more than once in the reign of queen Elizabeth. But when, upon the assassination of Villers duke of Buckingham by Felton, it was proposed in the privy council to put the assassin to the rack, in order to discover his accomplices, the judges, being consulted, declared unanimously, to their own honour, and the honour of the English law, that no such pro ceeding ceeding was allowable by the laws of England." Rushw. Coll. i. 638. "Such are the observations of the elegant and learned author of the commentaries on the law of England on this subject; and as the strongest method of shewing the horror of the practice, he gives this question in the form of an arithmetical problem. "The strength of the muscles, and the sensibility of the nerves being given, it is required to know what degree of pain would be necessary to make any particular individual confess his guilt. moment bears upon her the marks of the barbarity of the defendant. In due time you will hear what my excellent and amiable friend near me has to offer in behalf of his client ; I state the case at present with full confidence in your verdict; I ask nothing from your passions; nothing but justice do I require, and I have no doubt at the conclusion of this trial that you will be found to have faithfully exercised your important duty." Witnesses for the Prosecution. Louisa Calderon, attended by a Spanish interpreter, was then sworn, and examined by Mr. Adam. Were you at Trinidad in 1798 ?— Yes. Were you acquainted with Pedro Ruiz?—Yes. Did you live in his house?-Yes. Were you there when the defendant was governor of the island ?— Yes. Do you remember a robbery committed in the house of Pedro Ruiz? do. Were you suspected of committing that robbery ?--I was, and also Carlos (Gonzalez.) "But what are we to say to this man, who, so far from having found torture in practice under the former governors, has attached to himself all the infamy of having invented this instrument of cruelty? Like that called the duke of Exeter's daughter, it never existed until the defendant cursed the island with its production. I have incontestible evidence to shew this ingenuity of tyranny in a British governor, and the moment I produce the sangui--I nary order, the man is left absolutely without defence. The date of the transaction is removed at some distance. It was directed that a commission should conduct the affairs of the government, and among the persons appointed to this important situation, was colonel Fullarton. In the exercise of his duties in that situation, he obtained knowledge of these facts, and with this information, he thought it incumbent on him to bring this defendant before you, and with the defendant, I shall produce the victim of this enormity, whom, from the accident of my being conducted into a room by mistake, I have myself Geen. She will be presented before you, and you will learn she at this Do you remember his being apprehended?—Yes. Were you, and your mother, also taken up?-Yes, the same night. Before whom were you carried? Before governor Picton. Did he order you to be committed to prison?—Yes. Under what guard were you conveyed thither ?-By three soldiers. To what apartment of the prison were you consigned ?-To the woman's side. Before you were sent there, what did the defendant tell you?-That if I did not confess, the hangman was to put his hand upon me. Da Do you know a person of the name of Beggorrat?—Yes. Is he an Alcalde (magistrate?)Yes; he came to me in prison, and examined me frequently as to the robbery. Was there an Escrivano (notary) of the name of Francisco de Castro, who also attended?—Yes. After some examinations, were you carried into a room where there was a picket erected in the gaol?— Yes. [The witness was here desired to give a description of this instrument of torture, and of the manner in which it was applied to her person, which she did nearly in the way in which it was explained in the opening of the learned counsel. When the drawing above-mentioned was handed to her, representing, in a striking manner, her situation, sur. rounded by her judges and executioners, she gave a shudder expressive of horror, which nothing but the most painful recollection of her situation could have excited; on which Mr. Garrow expressed his concern, that his lordship was not in a position to witness this accidental, but conclusive evidence of the fact.] Lord Ellenborough objected to the exhibition of this drawing to the jury, until Mr. Dallas, on the part of his client, permitted it to be shewn to them. The examination then proceeded. How long did you remain tied up in this situation?-Three quarters of an hour. Were you upon the spike all that time?-Yes. Were you at any time drawn up by the rope connected with the pulley?—Yes. Had you seen any persons in the same unhappy condition before ?— Yes, two others. What was the effect of this tor, ture?--I was in great agony, and, after it, my wrist and foot were very much swelled. Were you asked to make confession of the robbery, before you were tied up?—Yes; Beggorrat enquired if I would declare who took the money. Were you sworn before the tor ture was applied?-No; but the holy cross was held up before me. Did you confess?—Yes; after I was suspended, I said Carlos took the money. [Several questions were then proposed as to the time the punishment was inflicted, which appeared to be about Christmas, and by subsequent interrogatories, it appeared she was taken into the gaoler's room, where she saw Carlos, to learn if she had herself taken the money.] Where did you go after you left the gaoler's room?-To the same appartment where I had been suspended. I was kept there all night. Were you put in irons ?--Yes, in grillos (feiters for the legs.) Describe what these grillos are.— They are formed of an iron bar, fastened to the ground, to which are attached two rings to receive the legs. [A drawing of this instrument was then produced, which the witness said was an exact representation of the grillos.] Were you put upon the picket next day?—Yes, upon the same instrument, and in the same manner; it was in the morning. How long were you kept upon it? -Twenty-two minutes. There was a watch to shew the time; Alvarez Beggorrat, Begerrat, Francisco de Castro, and Rafael, an alguazil (constable) were present. With which arm were you tied up the second day?-With each, one after the other, and I was so suspended, that I could just touch the spike by extending my toe.-(My feet were without shoes or stockings, she said, in reply to a question by Lord Ellenborough). She then described, that she was seized with a fainting fit, and that she knew nothing of the time or circumstances of her recovery. Were you again put in irons ?Yes, in the grillos, the same evening. How long were you in this state? -All the time I was in prison, during eight months. Are there any marks of the injury you received now apparent on your person?-On my wrists there are, but none on my feet. [The witness now exposed the scam or callus, formed on her wrists in consequence of the torture.] To some questions, on the crossexamination by Mr. Dallas, she said that she did not know how long she had been released before she was brought over; that she came with colonel Fullarton, and that she had been maintained by Mr. White, of the treasury. Don Rafael Shando, also assisted by the interpreter, said, that he was an alguazil in the island of Trinidad, in the year 1801; that he returned from the interior of the country on the 22d of December, and saw Louisa Calderon in gaol; that they were then giving her a glass of water, after bringing her down from the torture. She was supporting herself on a table; it was about se ven o'clock in the evening. Beggorrat desired witness to bring Carlos up, and told her that she must repeat to Carlos what she had said to him. After this interview, at which nothing transpired, she was instantly put in the grillos, and in the same room in which she had suffered the torture. The apartment was like a garret, with sloping sides, and the grillos were so placed, that, by the lowness of the room, she could by no means raise herself up during the eight months of her confinement. On the 23d of December she was again put to the torture, between eleven and twelve in the morning, and she remained in this situation twenty-two minutes by the watch. [The witness here examined the drawing, and described the position much in the way it had been before represented, and then added,] She fainted twice in his arms.Beggorrat sent vinegar to the exccutioner, to administer to her in this situation. There was no advocate appointed to attend on her behalf, and no surgeon to assist her. No one but a negro belonging to Bullo the gaoler, to pull the rope. As soon as she was taken down, she was put into the grillos. The witness had seen her sister bring her victuals, but never noticed the admission of her sister or her friend into the gaol. The witness had been four or five years in the post of alguazil. He never knew the torture inflicted in the island until the arrival of the defendant. There had been before no instrument for the purpose. The first he saw was in the barracks, among the soldiers. Before Louisa Calderon, the instrument had been introduced into the gaol perhaps about six months. The first person he saw tortured in Tri |