The Express.
London, England, 1863-03-19 00:00:00

AMIZIi INTELLIGENCE.

HOME CIRCITIT.--MAneroxs, MARat 1&
010w4 OLDL—(likiore Mr. Justice Wiettmu.)

TUB CHATHAM NURDZIL
Robert A tee:ander Barites, 18, described as a carpantsr,
was charged with, the wilful murder of Thomas Frederiok
Houghton, at Chatham, oh the 93rd July, 1862.
Mr. Barrow and Mr. Mandl= conducted the pressen.
tion ; the priaoner was defended by Mr. Ribton and Mr.
Willoughby.
This case stood over [maths summa swims, end the cir-
cumstances tinder which the crime was committed were very
extraordinary'. The deceased was stated to be • nice little In-
lad, nine years sad • half old, and it seemed that on
the 2&d July last he mar walking with his mother in the town
of Chatham, and the prisoner woe observed to sokimithem, and
after the poorlad had parted from his mother, which be did
shortly afterwards, the mimicarsppeared to havedscoyed him
to Chatham-Tins, and when they wereclose to • large hmp
of chalk, he. attacked him, forced him to the ground, and
stabbed him in the throat with • knife, and thus caused
his death. The strange part of the transition was that
the primmer did not seem to bare ever quarrelled with the
deceased, or to have borne him any ill-will, and ca the
day following the murder be Went to one of the county
constabulary stationed at Chatham, and voluntarily ad-
mitted that be had murdered the boy, whose body had been
found on the Lines, and he gave a circumstantial's:count of
every cireamstance connected with the horrid act. After
he was committed for trial he never seemed desirous to
screen himielf for • moment from the conesquemes
his ' crime, but, on the coalopuy he continually
stated that be was the person whelsol.killed the boy, and
that he wished to be hanged. II AK ordinary eircumstenoss
he would have been tried at the Mater gaol delivery of last
year, but it-appeared that! at this time he had exPemmed •
positive determination to plmelgnilty, and Mr. Be.,M who
had been retained to defiled him,. applied to the court to
pmitpona the trial to these mam a, in order that an oppor-
tunity might be afforded for bringing forward evidence as to
the state of the prisoner's mind. It seems from inquiries
that have been made, that since he his bees in noddy,
however, he has never exhibited the slightest symptom of
want of intellect, and se far as outward appearance rose he
has always seemed to be fully aware of the character of his
offence, and to desire to suffer the last penalty of the law
for it. . . . .

The priecHeer, who is a rather intelligent sod good-look-
ing lad, was. placed at the bar at the sitting
.of the oourt,
I'M when Mr. Avery, the deputy clerk of amiss, read the
indictment, which charged him, in the usual fdria, with
having, of his malice aforethought, killed and murdered the
deceased, and asked him whether he pleaded guilty or Dot
guilty to that charge, he smiled, and then in a distinct Woe
said, " I am guilty."
Mr. Avery inquired whether be understood that he was
accused of having parposely and wilfully killed the de-
awed? •
The priloaer said he undentood this perfectly well.
Mr. Avery—And you plead guilty to it
Mr. Hilda° observed that the prisoner had always ea-
pressed hie-determination to plead guilty, and so far as his
own feelings west, all that ha seemed to desire was that
he should be beard.
Mr. Justice Wightanen. said be was aware of that, and
he then addressed the prisoner, and said it appeared to him
that it would be much better for the interests of justice,
and that it would also be bettor for ell purposed, that he
should plead act guilty, sad hd at the same time told the
prisoner trat by his so pleading it would not be understood
that he denied having committed the act, but merely that
he wishnito be tried.
The primmer then pleaded not guilty, and the trial pro.
caged. He seemed tnpay peat attention to the evidence,
and repeatedly gave a vacant smile while the wituamia were
giving their testimony.
The main facia of the essa as above minuted, wino of
coarse, not disputed, aid several witnemes were examined
who deposed to the Whig of the body, de. It also ap-
peared that when Mr. Locke, the surgeon, was examined
before the magistrates, be expressed his opinion that is ad-
dition to the wound that was discovered in the neck, the
neckerchief round the throat of the deceased had been drawn
very tight, so as nearly tactual suffocation, and that when
the prisoner heard him say this, he interrupted him, and
said he was wrong, and that he had clenched the throat of
the doomed with his heads only.
Witassam were called for the defence, among whom
was Mr. Andrews, a tradesman at Chatham to whom the
prisoner had been appreeticed, and be stated that his con-
duct had, upon several ecessieria, been very extraordinary,
and that at timea he exhibited the appearance of a maniac,
and he was, in consequence, compelled to discharge him. It
was also proved that at another time a cat had been killed,
and that the prisoner ate a portion of it, and that the re-
mainder was baked in • pie. and be ate that also. Dr. Faye',
a medical practitioner at Chatham. was also examined, and
he proved that the mother of the mimosa had been
*mined in a lunatio asylum, and he also =premed an
opinion that at the time the prisoner committed the ad he
was suffering from homicidal mania which he could not
control, and that be was consequently not reeponsible for
his aotious. In order to rebut this testimony, Dr. Joy and
Dr. Harold, the medical officers of the gaol, were examined,
and theretated that in consequence of what occurred at the
last mixes, when the trial was postponed to afford an
opportunity for evidence being brought forward as to the
state of his mind, they had paid particular attention to the
prisoner, and they bad not observed the slightest anion-
stance to lead them to the conclusion that there was any. '
thing like insanity about Lim, or that he was not perfectly
wavelets of the position in which ha stood, and the nature
of the crime he had committed.
The learned Judge, in summing up the Nee to the jury,
said that before they would be justified in coming to the
conclusion that the prisoner was not • responsible agent,
they must be satisfied that at the time the act was =emitted
his mind was in such a state as to render him unable to dis-
tinguish between right and wrong, or to be aware that
what he was doing was an offence against the law. It
had been said that he had acted under the impulse
of what was called homicidal mania, which meant
a tendency to kill, but he mud observe that if • defence of
this kind was allowed to prevail, it would certainly lead to
rascal dangerous consequences, so far as the safety of human
life and the security of the public were concerned. The
object of the ornerier undoubtedly appeared to be to cause
the destruction of his own life by the commission of the
crime of murder upon another. This was, no doubt, •
I most strange and extraordinary motive on hia part, but at
the same time it showed that at the time he
I committed the act be was perfectly wall aware of
its nature, and of the consequences that would
! result from it, and it was perfectly clear also that
' be was not labouring under anything like a delusion, in the
I proper sense of the term, when he committed the offence.
His lordship then called the attention of the jury to all the
' materiel points in the evidence, and concluded by repeating
that olden they were perfectly satisfied that at the time
the act was committed the primmer was not aware what he
• was doing, or of the nature and character of that ad and
its consequences, they would sot be justified ie givingeffectto
the defence of insanity that had been set up me his behalf.
The jury retired to deliberate upon their verdict, and in
' about • quarter of an hoar they returned into court and
found the prisoner Guilty of wilful murder.
Mr. Avery then asked the prisoner, in the anal terms,
I whether be W anythingth urge why sentence of death
should not be pawed upon him, and he latighed, and in the
coolest possible 10/41101l replied, " No, ale"
Mr. Justice Wightmao then put me the black cap, and
addressing the pritheer, said that the jury, who were the
• proper judges of the facia, afters meet careful acasideratiou
of the ease, had found him guilty of the crime of Wishner-
: der, and he could not help oboe/rein/ that it wee one of the
most barbarous and Inhuman murders that had *war came
ander his oomaisaaos during his judicial experience of