481, The Trial of THOMAS BAMBIUDGZ, CSq.MMI RICHARD BETT, at Guildhall,, London, on ped for the Murder Of a \p Mr. Robert Castell before e Right He- -the Lord.Chieg2.! Justice Raymond : k4 GE? tGE IL A. B. 130* Mr. Filmes. MAY it please you!rrry lord hip, ; time in the said hot elm_ :hat on the 4th f : and further sets forth, and you gentlemen of the jury, I amt of ecember he began to grow set for the appellants. This is au app dt of pick, and languish, to the 12th of the same minter, brought by Mary CaStell; agair e The Jecamhei., and she 12th died ; so that the . defendants Thomas Bamhridge and E tchird lefi ndants, with ttlice aforethought, killed Corbett, for the death of her late tu4chind. Robert Castell atiisald, the the husband of The declaration sets forth, that upon it , 14th ! said Mary Castell To this declaration the of November, in the 24 year of his prese t ma- 1 defendants have ptd.cd Not Guilty, but if we jesty, the said Thomas Bainbridge was wkrden prove the facts you"! find them Guilty. of the prison of the Fleet, and having the lcus- IMr. Reeves tarts wards lord chief justice of tody of the prisoners, did make an assault,liand the Common Plead May it please your with force and arms, and malice aforethougdn, lordship, anthyou po,:lemen of the jury, I am slid carry and convey him to a victuallinm, Iof counsel fir as widow. This is an appeal of house, being the defendant Corbetts mansion- t her against the two d house, and did detain him there till the 12th of thndants, murder, hrogh by er age e- nomas Bambridge and Richard December, against his will, and without his flora,..qambridge, gentlemen, is laid to be consent ; anti that one Joseph White was then warden of die?leet, and Corbett a person that sick of the small-pox, and that Robert Castel! It pt a spunging.hom.- where. prisoners vivre had never had the small-pox. That on the simetimes kept. It was MI .:s advantage to 16th of November, Robert Castell requested Ave prisoners h ought to his honse,in order to they would not detain him, and gave the de- get money of them. Mr. Castell,,,rentlemen, fendants notice that White was sick of the was so unforturrIte to become a primer under small-pox, and that he Castell had never had the controul 01 Bainbridge, and 3ambridge the small-pox, and that he was afraid of his was head warden. He came in aprtoner be-death from this distemper ; notwithstanding fore Bambridge was warden, in Juno 1728. which, the defendants imprisoned and detained at that time Mr. Huggins was Warden ;- aril him from the 16th of November to the 12th of I after being a little time in prisoMsecurity was December, and forced him to remain all that given to itfr. Huggins for 114r. Casters having The liberty of the rules. The first action was -a See the preceding and Mowing articles,. at the suit of one Waring, for 186/.. though also vol. 13, p. 1199, and Mr. Homes Speech there was only 861. due; and so sworn : another in his Trial for a libel, A. D. 1777, in this Col- cause was for 15/. at the suit of another plainlection. See, too, Easts Pleas of the Crown, tiff, so that the n hole charge against him then chap. 5, 92 ; and Barringtons Observations was 861. due to Wiring, and 161. due to the en Magna Chart,: chap. 31. other plaintiff; so that security was given upon 4 GEORGE II. Trial of T. Banbridge and IL Corbett, [40a his coming in; there was a bond entered into by two sufficient persons in the penal sum of 2001. only. After, further charges came against him in the time of Bainbridge. We shall skew you the tirnewben Bainbridge became warden, which was on the 30th of September, 1728, in the 2d year of his present majesty, then it was he was appointed warden in his own right, though some time before lie came in his own sight ; on tha 30th of September, he was sworn in, though en the 26th he was warden, and acted in his own right. Gentlemen, a little while after Bambridge came to be warden, a sum of money 125/. Castell received-; after this money was paid to Castell, Bambridge knowing of it, contrived how to get same of this mosey, and Corbett was to go shares It was this view of getting something from Ca-tell, that was the cause of the demand firWtiter security ; and it was given : but acme other charges coming in, he gave a bond for 8001. there was one of 2001. givea before, and now it came to be 8001. then there was ;third securAs demanded, and, gunn for 1,000/. so that theirktrahree Lands as reCUritr to the warden, were-2001, 8001. and l,0001. these to- . gether made up the sum of WOOL fetiel wity to be a true prisoner to the Av./Spend at t hat time there was not 4001 due:Jirewould b thought that when the v, ardahad 2,0001. security for 4001. this would, ave been suffi- cient ; but that was not the rsineas intended, there- was something India be done; for notwithstanding this ample curity, Castellwas to be taken up, as they etentled, till he gave farther security to the trdee, the defendant Bambridge. Gentleme the time of his lacing taken. op. was the 1411) November ; the 28th of September Bambridgbeeame warden,. Mr. Castell had then the likty of the rules, and lodged, at one-Mr. Under oods in the said liberty. Corbett he took hit up (it becomes themto sbew by what authqty,) and was for carrying him away ; Caste.....etelatari,,,,:di Corbett, and asked hire by wiro. Bair ty he did it ? Corbett said he did itio th, di, action of the warden. Gentlerd, .4 he was taken. up, he was carried his lodging, contrary to his wino, the King .warms. tavern, and from :knee in the evening to Corbetts hr :c^,- what authority he had, becomes thee to shew you. We say that prisoners art not to be confined in sponging-houses walnut the consent of those. prisoners ; the prop , ilace.of confinement is the gaol ; if there w assn for confining Ipm, lie ought to be to the walls of the prison,,then he would. been in a legal confinement.; but during, time he was at C etts, he was under alleimproper and. idle confinement. Thaverrny,.gen tlemen, he Was taken- up, he ereplotbiend of bis own to go to the de. *ancient Ibnahridge, who went: at. that time he was euhanarried to. Corbetts,. and told him it was not. proper to carry him there, for that there, waists, prisoner then Mak, one Joseph White b White. laugnietts4 ob the small.pox in Corbetts house. Castell, gentlemen, never had them, and was under the greatest terror that ever any man could be, for fear of catching them. He sent to the defendant Bambridge, that he might not be carried to Corbetts house, and if he did require further security, Ile desired to have a keeper sent with him to his lodgings, which he would be at the expence of, or otherwise into the walls of the prison. Castell, gentlemen, did not only send that night, but the next morning to Bambridges house or lodgings, and did desire him to consider the circumstances, that he never had had the small- pox, and that he was under the greatest terror of catching theta, and that White was sick of them, and that he might not be carried there, but that he might be carried into the prima, or put in some other place where the small-pox was, not ; but both these requests were absolutely refused, and he keeps him in Corbetts house, rather than to let him go into the gaol, or some other place where the distemper was not : then he applied at Corhetts house to nam5ridge himself, and desired he Might not be kept any longer at Corbetts, bill that he might go into-the pollbub that not being complied with, there were frequent apallications to Bambridge for his removal front Corbel*, but nothing complied with ; and,] if my instructions are true, the oodbtinue at Corbetts, and not go to the gaol or whiBambridgedidinsist mat he should any \ other( place, was,, unless. he gave Bain- bridge a Ffum of money : this not being complied fourtt done, ids ha gave tl they delay fifth with, there was fresh security given, a bond for 1,0001. more. After this wasCastells friends ombplimented him of ing his liberty again.; but though he s security, yet more difficulties arose ; ill have a fifth bond. Mr. Castel] was in this manner for some time, and a nd was given in the penalty of 2,000/. with) tour persons security. Five bonds, gentleonen, were entered into for Castells being a. mole prisoner to the warden. L. C. J. Raymond. What were the last, bonds ? Mr. Reeves. One was for 1,0001. the other for 2,0001. Gentlemen, this last bond was given in the beginning of December ; he was kept in custody till the tithe of giving the fifth bond, which was the beginning of December ; and notwithstanding the fifth bond was given, he was kept in custody three days after ; at last he had some apprehension of having his- - liberty, and upon the 4th of December there was. an order sent to his lodging, as he had before, to-get them ready ; hut he was disappointed, baying thought he had done everything that Ayes reasonable, but it happened unfortunately, that on the 4th of December having been confined in this house under the torror of that distemper-, lie fell ill, and on the 12th of December died of that distemper. W e-say, gentlemen, that his death was occasioned by his unlawful imprisonment., and that the hardship he suffered was. the occasion of his, 4 40!] on an Appeal Murder. A. D. 1750. [40t death. If von shall be of opinion on the sir- bridge: then came these demands of fresh securostances, that this apprehension of him curity it was very likely the means to insist served only to get money from him, it will be upon having money in hand or fresh security ; duress. There is one witness that heard the notwithstanding this, upon the 14th of No:- conversation between Castell and Bainbridge vember, Corbett came to his lodging in which at Corbetts, and the witness will toll you, that he then was, a place within the rules, and took Castell did expostulate with Bambridge, that him from thence, and carried him to the he was in danger of his life, and that he should Kings-arms tavern; there...
