The Express.
London, England, 1864-01-22 00:00:00

THB TOWNLEY CASE.

The following is a copy of the reply at:dressed by
Sir George Grey to the second letter from the magistrates
of the county of Derby respecting the ease of George Victor
Townley :
"T. W. XVANt, MN, M.P., AilD W. MUNDT, 19Q., N.P.
" Whitehall, 510th January, 1864.
"Gentlemen,—l am directed by Secretary Sir George
Grey to acknowledge the receipt of your letter of the 1341 i
Met., which he received es the 18th inst.
••WWl° the magistrate@ in whom names that letter wee
%rheas entirely agree that it was impossible for the State-
ly!' of State to refine the inquiry recommended by the
Judge into Towntey's state of mind, they appear to think
that the inquiry could have been conducted is the same
meaner as as inquiry in the come et a commission of
lunacy directed by the Lord Massenet where the sanity of
• person posesseed of property is is question. They ask,
' Why should so inquiry isvolving the momentous imps
of We or death, and which thereby effects the reason-
able Geese of justice in the masses of the people, be °De-
ducted is a hie satisfactory manner thee an inquiry touching
property only r The answer to this question is that is the
one case the legislature has prescribed the manner of Jewelry
and has provided she means of its being publicly con.
ducted, the evidence being taken on oath before
.a judge
end a legal ODIDIthiIIIiCIIM specially appointed to prelude over
it, or owe of the judges, if the Chancellor shall so direct.
Io the other tees pose& prevision ham been mole. It was
not, therefore, in the power of the Secretary of State to
direct such es inquiry, ear is it in his power to direct a
public inquiry, with evidence oa oath, into the state of
mind of aey parses. Tao inquiry which be did institute, in
order to obtain the informatics which was requisite to solve
the doubt suggested by the judge and to guide him in the
discharge of his duty, was seesemrily of the isms micro as
those which have on previous occuioas taken place in eases
wheelie, notwitisineding the conviction of • person of •
capital offence, doable have been suggested as to whether,
owing to his state of ceded, the sentence of the law should
be carried into effect.
. . . _ .

~As theactual order of removal to Bethlem Mauna
was founded on the certificate of the 29th December, signed
by two county magistrates, the validity of which you do not
impugn, it is sanely necessary to advert to year statement
en
to the alleged invalidity of the lint certificate. I am,
however, to inform you that the Secretary of State is ad-
vised that its being signed on a Sunday did not render it
invalid, as it was not a judicial an within the meaning of
the I ule anted by the magistrates; and that although it was
signed July by one county justice, the other two magistrates
being justices for the borough only, the terms of the statute
are sot free from doubt as to whether the borough jutting
had or not authority to sign it.
"Yon inform Ste George Grey that, in the opinion of the
magistrates, Dr. °Godsend his coadjutors, meaning thereby,
it is presumed, the justices who signed the certi-
ficate, did not intend to sip • document
which would be obligatory on the Secretary of State,
sod they submit that the certificate being expressed
in terms directly opposed to the publicly declared istootioe
of thole who signed it, ought not to ban an effect contrary
to such inteetiou? No statement which could support this
opinion Me ever bees received bj Sir George Grey from any
one of the magistrates or medical men by whom either of
the *artificer's@ were signed, sod until he read this pump
in year letter, it never occurred to him as poseible diet,
is signing the certificates and forwarding them to the
tie of State, the person certifying were not fully
aw: tae
of nature and effect of their certificate, or that
they did not toned that it should be dealt with by the
&ornery of State is conformity with the statute, with the
provisions of which they had carefully complied. After the
doubt, however, which you have suggested on this point,
Sir 0. Grey has thought it right to call on the 'magistrate'
for an explanation of the course which they took epos this
onsion, and for any obeervatious they may have to make
se to this part of your letter, end also as to the amnion
that Toweley's removal to &this was effected by the
He 117 et his solicitor mud by the expenditure of mosey.
as also deemed the governor of the poi to inform him
by whose authority he admitted to visit and examine the
prisoner the two medical men who signed the certificates
and the two borough justices who signed the first einifi-
can, seeming you to be correct in nyiog that they had
no authority to act in the county gaol, though situated
within the borough.
With regard to the entries in the surgeon's journal of the
25th August sod 6th October, which the visiting juices
for the first time brought under the notice of die Secretary
of State in their letter of the Bth inst., Sir George Grey
can only repeat the expeession of his regret that, eoesidering
the importance now attached by the visiting justices to
there entries, they wholly overlooked them for so many
months, and did Dot discover them and *end copies of
them to the Secretary of State till it was too late to render
them of any practical nee.
You my that the report made by the Lunacy Commie-
timers on the 26th December seems to the magistrates
sot to support the certificate of the two justices and two
medical men. Sir George Grey has already informed you
that he wee an es/led upon to act upon that report aloes.
Had he been so, although the 0001/111100111111 my that for the
reason set forth in their report they could not wander
Townley to be of sound mind, Sir George Grey yet would
an have felt justified from the general tenor of the report
in aseunieg that his nasouednees d mid was such as to
exempt him from the penal consemeaces of an en for
I whin, according te the law laid done by the learned Pad's,
he was legally responsible. Bet whatever was the purport
and character of that report, it could not affect the validity
of the certificate. In one point ot view only was the opinion
of the linen commiesicure thit Townley wee not
of sound mina materiaL It pee this additional weight
to the certificate, that it precluded the theretery
of State from supposing what be would in say see
have been reluctant to do, except nit the clearest peon,
that four magistrates end two medical inn bad, within
any probable grounds, and with the wilful and deliberate
Mention of obetructiag the course of junks, signed a ten
Onto of Townley's bisanity. Had any magistrate thus
wantonly and corruptly abused the power with which his
aloe invested him, it is unneessay to my that be would
have proved himself wholly unfit to be continued in the
ommareion of the pesos, and would have endowed himself
liable to a ceimimai informatics. Whether any &Bernice
shall be mad* in the law applicable to a case of this nature,
a question which will not fail to receive ocesideratiosain
it is on on which Sir George Grey does sot think it nem-
eery to eater in this letter. —I am, Gentleman, your oir
dint servant, (Biped) H. WADDlscrros.

In the Court of Queen's Bench at Dublin, on
Wedaseday, Serjeant Balm. applied en the part of Mr.
Hutobiesoa Massey, • augietale be the empty Cork, to
have • coaditioaal order for s atiminal iNformation made
absolute spirit Mr. Ash., a teatimes. reading fa the suns
comity. The ironed es w►ich the role wee sought was
that Mr. Ash. had written a letter calealsted to provoke
Mr. Massey to comfit •breach of tbspeace by ightieg
lir. Whiteside, Q.C., resisted the application, bat the court
disallowed the cause shown, and maimed the onaditional
cedar, with oasts, &recta& however, that the ceder Amid
sot IMMO for a week, for the purpose of affordiag the de-
(sadist an opportunity of niakiag • mare ample apology
than he had mad.

The committee of the Tottenham-house (Messrs.
Shooibrod'e) Dramatie Society Save heeded over to the
Early. Clasieg Aaseaiatioa Um ram of 4f& Wag the prc6t
soaruung from Um sommatel eaterlaimmeat neatly Mid at
the St. Jams'. Theatre.

Pas ReZeirr CIiNPOWDIN EXPLOSION AT LIVILS-
rooL.—The mesh= of the Kersey Doak Board wen
yesterday (Thursday) *gaged for • considerable thee*
diseussisi the beet 111111•11 for pnvmnag an accident sienna
to the nowt tem& gas p°wdsr explosion in the Merry,
sad the probability of • like was acorn:o
The majority of the members= Mat Me tweet
implosion wee attributable to the culpable ead isdiseri-
miss*** of paradise oil, and that if ordinary **ion
bad bees observed there would sot have been Menials**
scene*. It was staled that the underwriters had takes the
matter no, and pet themselves Is communicatioa with the
fikipowsers'Amosiabice with reaped to the used °powder
cm board ship& It was explained by mashers
that the Aims* of responder in bug* qamatithe
le tbe Maley bed bees carried en tor half • century with.
oat ansident.and they. therefore, cooteeded that unfair re-
strithisseen Medd net be placed arms the trade daring •
pears which bad been canoed by an accident, which weld
have been very easily avoided by the mercies at cooties. It
was two
farther elan* Met venni, were brim with 15 end
15 tonsil powder reopeenveiN amid WOO Wog sear the
Lotty Sleigh when the ire broke out ; mud that we*
were frequently moored is the viisity ef Lodes when
' they ked immense irantities ef powder oe bowl.
lltti-
-7=a the *oboe of Mr. Chaves, the *bled was re-
tes the Marine Wand** fer • report as to the whole
of ='inerchan re
shipment d trassekiposset to and frees sirge-
tesee,
an
Carew. P./04es. —The Christmas totottaiomento
ototiodo tansy with • Peal represents** of the Shahan
Psetemine, at half-past four o dock, and the triable &tut
day eraser* will he resumed thmorren. Mobs* Pampa,
the &MOM de Wade/lays, end Mr. W. R. Othmtheasi are
sesenneed se mall* The isetromootol weeks Male&
Meadeberikt• &eke Sympheey, a soloottoo has Goma
Raise Jo Baia, and • ohnest sole by Mr. Pape.
Tlah Quinor's Hottimeour. is astqanily *
in
the kluglem-pnes breed wand be sepeetel I. be tt le
that sI lher Meet Oesiens Ml** theses VlOWlfill, we 11741
the thiente pike* baler peeneneess Pesertates Powder
•• • nen essellent sad reed Inventien." the mesas edam* ,
W by Naos* of esseiliertiese prenenneet Epee
wedele to row eseessively red threuthena the lienth awl
elf the benl—dAdeeserreenesal