Econlib

The Library

Other Sites

Front Page arrow Titles (by Subject) arrow 72.: The Case of Fulford and Wellstead 5 JULY, 1867 - The Collected Works of John Stuart Mill, Volume XXVIII The Collected Works of John Stuart Mill, Volume XXVIII - Public and Parliamentary Speeches Part I November 1850 - November 1868

Return to Title Page for The Collected Works of John Stuart Mill, Volume XXVIII The Collected Works of John Stuart Mill, Volume XXVIII - Public and Parliamentary Speeches Part I November 1850 - November 1868

Search this Title:

Also in the Library:

Subject Area: Political Theory
Collection: The Collected Works of John Stuart Mill

72.: The Case of Fulford and Wellstead 5 JULY, 1867 - John Stuart Mill, The Collected Works of John Stuart Mill, Volume XXVIII The Collected Works of John Stuart Mill, Volume XXVIII - Public and Parliamentary Speeches Part I November 1850 - November 1868 [1850]

Edition used:

The Collected Works of John Stuart Mill, Volume XXVIII - Public and Parliamentary Speeches Part I November 1850 - November 1868, ed. John M. Robson and Bruce L. Kinzer (Toronto: University of Toronto Press, London: Routledge and Kegan Paul, 1988).

Part of: Collected Works of John Stuart Mill, in 33 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


72.

The Case of Fulford and Wellstead

5 JULY, 1867

PD, 3rd ser., Vol. 188, cols. 1157–8. Reported in The Times, 6 July, p. 10, from which variants and responses are taken. P.A. Taylor (1819–91), M.P. for Leicester, moved an address for a copy of the deposition that had led in the preceding March to the conviction by the Salisbury Bench of County Magistrates of Henry Fulford and Mark Wellstead for poaching. (See No. 66, n4, for details.) Taylor implied that their conviction, based on the evidence of a gamekeeper that was controverted by relatives and other witnesses, was unjust. Mill spoke immediately after Gathorne-Hardy (cols. 1153–7) had attacked Taylor’s views.

mr. j. stuart mill said, that since he had the honour of being a Member of that House he had never heard so unjustifiable an attack made upon any Member of it (loud cries of Oh!), as that which had been made on his honourable Friend by so high a functionary as the right honourable Gentleman. That right honourable Gentleman had not shaken a single word of the statement which had been made. The right honourable Gentleman had only misstated what his honourable Friend had said, being too angry to attend to him. (Oh, oh.) The right honourable Gentleman said the magistrates believed the evidence given before them to be true;1 but the whole strength of the case was that the tendency of magistrates was always to believe the evidence of gamekeepers. (Oh, oh.) Whether that was so or not, it was the general opinion, and this was an extraordinary and emphatic corroboration of that opinion. It was not denied that Pilgrim had made an unfortunate mistake as to identity before, and that on his evidence this person was found guilty, notwithstanding the other evidence and that the error was not corrected until evidence had been produced in addition—namely, the self-crimination of other persons. One would think it was the imperative duty of the magistrates to sift the matter to the very bottom, and to take care that the whole should be perfectly understood, so that they might be sure that they were not continuing to perpetrate a great injustice. As to appealing to Quarter Sessions, aour unfortunate labouring classesa in the rural districts were not likely to appeal from magistrates to magistrates; they were binfinitelyb too much afraid, and too much cowed to do that (Oh, oh!); and, besides, they had not the pecuniary means. The only other thing they had heard, was that one of these magistrates was likely to be appointed chairman of Quarter Sessions, in which office he would have to perform some of the most important judicial functions that could devolve on any person in these dominions, with the least amount of responsibility. They might be honourable men; but honourable men were sometimes singularly prejudiced, singularly unjudicial, and singularly disposed to believe con exceedingly insufficient evidence the particular acts charged against persons who had no means of defending themselvesc .

[Gathorne-Hardy replied that there was no formal deposition, as it had been a summary conviction. Taylor’s motion was then defeated (col. 1162).]

[1 ]Gathorne-Hardy, col. 1155.

[a-a]TT] PD persons in the labouring class

[b-b]+TT

[c-c]TT] PD in the sufficiency of evidence in a particular kind of charge