The Express.
London, England, 1864-01-08 00:00:00

ma 2tESPITS OP TOWNLEY.

At the Warwick quarter sessions, ou Wednes-
day, Sir John Emdley Wilmot, the Recorder for Warwick,
in Margise the grand jury, referred to the greet iumertainty
of the law in this country with regard to the carrying out
of capital punishment. The case which called for the re-
marks offered was, he amid, familiar to all of them—a case
which only received its solution • few digs ago. He alluded
to George Alder TOlritley, who was tried at the winter
mime at Derby by the same judge—Mr. Bares Martin—
who presided in the curt at Warwick. The jury,
after full coanderation, found the man at
wilful minder, notwithstanding the question of insanity
had hoes raised and fully placed before them. The pri-
soner received from the Judge the capital sentence of the
law, and it was not until after that had beat done that
the public mind was agitated by remarks respecting the
actual state of the primates mind. He (the Recorder)
for one could not but exam; his own opinion, formed by
what he read of the trial, and the whole facts of the case,
that Townley wee insane, not only at the time of his trial,
but that he was also imam when be committed the murder.
Although the jury found him guilty, they were all well
aware it would be revolting in the extreme that any penal
should be executed in an maenad date of stied. In such
• ewe, all the advantages arising from example would be
lost, and the deterrent effects destroyed. The Lord Chief
Justice Hale bed said of such„furiams sole juror plusher,
which signified that the madman was ouffitesetly punished
by his own malady. The question then reetamed to be
answered, what was to be does? It appeared that by the
3 sad 4 V ic., entitled "An act for making further pro-
vision for the conhoement and maintenance of insane
prisoners„" the Secretary of State bed power to direct Cm
removal of Townley to an asylum upon the regularly
signed certificate of his lunacy. That course had been pur.
sued and adopted ; the cortihorie having been forwarded to
the Secretary of State, he had directed his removal to a
place of confinement. That case appeared to him (Sir
Eardley W ilmot), and he could not help making the re-
mark, to demand the a public revision of the law should
be made, in order that the inconsistencies and tumor-
Minas, attending capital convictions might be for ever
does away with. Because, if the man was imam when
he took his trial, and Mr. Gisborne, the =Maas of the
Gsol, a highly respectable medical prectitioser,
and Dr. Forbes Winslow, one of the highest authorities,
had proved that be was, and the governor of the gaol
agreed with them, then be ought never to have been put
upon his trial for the charge. All text writers upon the
criminal law in this country had laid down the principle
that if a man was Willie he ought not to be placed upon
his trial while in an unsound state of mind ; and therefore it
was, he argued, that, presuming Townley to have been in-
sane at the time of his trial, be ought not to have been placed
at the bar ; for other steps might have been taken which
would have prevented much of the dissatisfaction which
has arisen in the country in consequence of the course pur-
sued since his condemnation. By the act Geo. 111., 39 and
40, cep. 94, it was provided that a jury be empausellol,
and try the case of the prisoner's sanity before the facts
oonstitutiag the charge satirist him were heard. But it
was true the wording of the act, as applied to Townley's
case, predicted some difficulty. It said :—" If a man ap-
pears mane." It was not needful to tell them that there
were many cam of insanity, and in some of them the
sufferer would not " appear" to be insane. as he did in
others. With Townley it was the question of a man labour-
ing under • description of insanity which did not manifest
itself in any outward violent act. There were several
difficulties is the manner of dealing with those criminal
lunatics. The first difficulty arose from the imperfect
character of the ordinary test, as laid down by
text writers—namely, that the ability to distinguish
between right and wrong applied in all oases. The law
had said that if a man had the power or ability to recognise
right from wrong, then be was a responsible agent, and
amenable foe his actions. But the criterion itself had
been, and was differently applied, as the following illustra-
tion would seem to show :—ln the case of Hadfield, who
was tried for shooting st King George 111. when in the
theatre, it we. shown that he had the power to dietinguials
right from wrong ; that he was • man who was himself
tired of his life, and shot at the King in order that he might
be killed. He was defended by Lord Erskine, and very
promily the jury
_acquitted him. Then as also the cam
thetit man Arnold, who shot at Lord Onslow. He was
tried by the Chief Justice Tiscey, found guilty, sentenced,
and executed, although objectives were raised that he was
laboutiog under the power of a particular dalusioo. Theo
there was Billingham, who shot Mr. Percival in
the lobby of the House of Commons, in the time
of George IV. Many of the members of his family were
insane, and in these days he would have been considered
suffering from a malady hereditary in his family. Yet in
consequence of the public indignation, sod notwithstand-
ing that the mine defence was raised as in the case of Had-
field, he was 000 demoed and executed. Next came
Martin, who, though perfectly sane upon mere subjects,
imagined that be hada mission from the Almighty to set
fire to York Minster, and did it. At bis trial he wee found
te be of unsound mind, sod his life spared. Lord rimers
was tried before the Home of Peers f.ir shooting at his own
steward. At the time he was labouring under the idea that his
steward was or bad does him wrong. The plea of insanity
was set up, but it wee unavailing. These cases were suffi-
cient to show that the present ordinary test as to a men's
ability to distinguish right from wrong, being differently
applied, it was desirable to make an alteration. There was
also another difficulty emitted by the progrea mule by
medical science since the time when the ordinary criterion
before alluded to was laid down by text writers upon ch-
ariest law. There were now in existence two tests—the
legal test and the medical test. And the truth was, the
old criterion of the criminal's ability to dating:oh be-
tween right and wrong was no test at all of his sanity ; be-
cause • man may be able to do that, and yet be the
subject of some uncontrollable influence, presenting him
in some particular instance recognising in what wrong
consisted. A man, for instance, might know that
murder was an offence against his counts., for the
commission of which he would be hanged ; end yet he
might fancy some person was hie mortal enemy, and that
he was perfectly justified in taking his life, lest be should
deprive him of Ilia own. There was also • third difficulty
to be contended against, and it was one which arose from
the fact that the question of the prisoner's inanity wee
raised after his trial instead of before it. Insanity, as •
defence, was kept back until the man was either arraigned
at the bar or bad been condemned, and then it was brought
forward. In nine uses out of ten the crown was not aware
of the nature of the defence until it was actually set up.
The question then was, what steps ought to be taken to
remedy this uncertain and unsatisfactory state of things?
The public mind was deeply agitated by the subject ;
and, in consequence of what had taken piece it had bees
urged that the revocation of the verdicts of juries
tended only to deprive them of their usual terror, and,
also, that in thin country there was one law for the
rich mau and another for the pour man. That was
to say, • rich criminal bad that which could bring hie case
before the Secretary of State; he bad powerful and in-
Buechel friends, who could appeal on his behalf through
the columns of the press, end altogether possessed Teeny
advantages • poor man did not enjoy. To alter the pre-
sent state of things, sod remove the evil so loudly com-
plained of, ha thought that the following particulars must
be observed :—The question of sanity or insanity should
always be raised before the prisoner was pot upon his trial,
and in no case afterwards. The exception to this would
be in those oases where a man committed murder at a
time when he was inane; but on trial manifested the
oenel marks of sanity. But thee, the defence to be set
up is his behalf ought to be always given to the prono-
minal before the trial took place. in both cases these ad-
vantages would result. In the former, a jury would
te empannelled to try the state of his mind before he
was tried for the murder ; in the latter the prosecution on
behalf of the crown would have an opportunity afforded
of fully investigating the case before it as before the
jury, and if posailde, to bring in coaster evidence to show
that the prisoner was perfectly one when he committed
the murder. end therefore ought to suffer the penalty of
the law. With reference to the case of Townley, be did
not know whether the promoutioe had any evidence to
show that he ma sane, but certainly it wee not put in.
There was this extraordinary fact in conemios with that
trial. He had seen it shied in the public papers, and they
were his only authority, that the judge who presided had
intimated his opinion that a commission was seermary
is order to ascertain if be really was lessee. He (the
Kameda) thought that if the two safeguards he had
mentioned were embodied and made law, the country
would be much benefited. But they would only apply
to such cease ; the plea of insanity was set up am defence.
There were other cases of murder for which special pro-
vhion ought to be made. In the cease of Dr. Smethurst
wed Jessie JeLaughlan the question of enmity was sot
raised at all ; still it was neasaa&ry to have a criminal
court of appeal fur them, if fact& transpired favourable to
the prisoner subsequent to his trial, or fresh evidence was
obtained showing that the jury bad taken a wrongful view
of the cam Juries were sot infallible, and it would be far
from their wish that their own opiates should be taken as
usexceptimehle and without error. For a number of
years bellied earnestly sod 000tionously advocated the re-
moval of whet be considered to be • defect in our criminal
jerieprodence, end had pleaded for the formation of
some ulterior tribunal is cases of wital punishments.
=however, he would have Wally copepod to these
cams ; for it was not seeemary, at all events not
at present. to go so far as to extend the privilege to all
mess whatever. Against the system of appeals some had
objected that it would tend w make junto negligent in
the discharge of their duties. Knowing that there was a
messed wart to try the came over again, they might be M-
essed to pay lee e attention to eases than they do at pow
I sent, sad tdore, instead of • besefit swims' to the
there would be snmaileitdiewhastage. ilississwer
was. that in all ems in this couatry where appeals might
follow the medals of juries, he had faded to discover that
they were lees madams or careful. Having retorted to
several other perticelare by way of showing the greet desire-
bility of the alteratioes proposed, the Recorder coseleded
his observations by stating that, three years agq he and
Sir Fitzroy Kelly prepared a maims for the Hoses of
Coatrooms tor mess of criminal speed ; but, that MINI
sentro, Mr. )(abhors forestalled them by latreduehag •
bill with a venue precisely similar. That nanare was
defeated. The rules of the benne wield set permit the
introduction of agleam bill that swine, sad in that way
the subject dropped. He hoped that is the sent ses-
sile resasthiag wield be dew in the matter by parlisamet.

'THE EXPRESS, FRIDAY EVENING, JANUARY 8, 1864.

CONVICTION OP PUGILISTS.

--•--
At the St. Albans Epiphany Sessions yesterday,
before the Right Han. the Bari of Vends= (thairmani, the
Bea. Dr. If the Bev. A. H. 13taber, Marrs. G.
R. Marten, R. Pryor, H. W. Wookych, IL H. Toulmin,
F. A. M`Geschy, W. H. Stilly. H. J. Toulmie, T. B.
Myers, F. Wigg, J. Faikett, J. Arden, he., the subject Cl
prisetighting occupied the attention of the beach.
In the charge to she grand jury the noble chairman /ski,
thick with reformat to the car of sedate moons who had
bra committed for unlawfully and riotously &rambling
and disturbing the pace, the law in the matter was that
if any urge number of persons assembled together and
pve reaeonable awes for fear sod apprehension that a riot
would roue, it was an unlawful and criminal ad, and it
was the duty of all persons, whether in so official position
or sot, to prevent, if possible, such ae reembly, and any
weans &trading such ptherregs berme equally guilty of
a ermined and unlawful wt. His lordship observed that
he red say nothing more co the case, as the remarks he
had made would hs quite sufficient to suable them to in-
quire into it, as far es their provisos extended.
At half-past three the fraud jury returned s true bill
against James Tyson, Denial Morns. Joseph Goss, William
Riau alias William Broome. and John Oewy foe " hay"
tog es the 21st day Cl October, 1863, unlawfully end riot
onaly assembled and disturbed the_peece at Watferd ;
other counts charged beating against Tyra and Morris ; and
in the nth count all the defendants were jointly charged
with having been " unlawfully assembled together and ar-
rayed in warlike moaner to minks an affray is contempt of
our Lady the Queen, and her laws, sod to the evil sa-
mple of all people."
In presetting the bill the foreman of the grand jury, ad-
dragon the noble Chairmao, rid—l bays been requested,
my lad, by my brother grand jurymen, to bring before you
the or of the poliosmee espied at the prize fight. It
oselnialy appears they did all they could in endeavouring to
dissuade the parties, and to bring the fight to an end, bat
it also appears that there were ally two of them among
a lot of rough fellows, sad of course they were quite
powerlas a. It bas 'rooms knows to us that they have bees
at • loos of wages as well u suffering in another sr" but
my brother jurymen think with me that that ought not to
be. They seem to have done their duty as well as soy MIS
could.

The Earl of Verulani—l think you are quite right, gee-
Queen of the grand jury, to make any presentment you
think fit under the oircurnstetues.l
Shortly before five o'clock the defendant. were called, and
answered to their names.
Mr. Clark, instructed by Mr. T. W. Blau of St.
Albans, clerk to the magistrates at Watford, condtioted the
case for the prosecution ; Mr. Codd, instructed by Mr.
Edward Lewis, of Great Marlborough Wet, Loudon, de-
fended Joseph Go., William Evans (alias William Broome),
and Mr. John Gooey The defenduts Tyson sod Morris
were not represented by counsel.
For the information of the uninitiated it may be stated
that a fight having been arrange between Tyson and Morris,
{home worthies, with their friends, commenced at Trim,
but could not settle the matter there in consequence
of police interference, but did manage to bring
it oft " at Watford despite the interference of the county
constabulary, who were badly treated. at least so it is
generally averred. The defeodants Goss and Evans took
an active part as second', and Mt. Coney accepted the office
of referee, a duty that has to be performed now under the
probable penalty of being mad" amenable in • court of
justice.
Mr. Gadd, addressing the bench, said that he wished to
offer • few words before the defendants were arraigned.
Bs appeared as counsel far Mr. Coney, Mr Goya, and
Mr. Evans, and having looked through the depositions and
carefully considered all the facts he had communicated with
hie learned Mud Mr. Clark, who appeared on behalf of
the prosecution, and suggested that the defendant. should
be permitted, with the approbatios of the court, to plead
guilty to hula( committed • breach of the peace, on the
undemanding that they would only have to ester into re-
cognimoces to emu up for judgment when called upon.
To that suggestion Mr. Clark had agreed. AB to the
other two defendants, he (Mr. Codd) could only say that
they would be wise to adopt the same coarse if the noble
chairman and the bench would allow it to be adopted.
Mr. Clark said be appeared for the prosecution, and wen
quite satisfied that on the facts of the case • verdict for the
crown could not be resisted, and having conferred with his
learned friend, he felt that, subject to the sanction of the
court, the end desired would be attained if the defendants
entered into duerecognimances on the noderstanding that they
would not be called upon unless they committed • breach of
the peace. The object of the prosecution was not to gratify
any vindictive feeling, it was not so much to punish as to
prevent, and to show that although there was an opinion is
some places that prize fighting was not illegal, that opinion
was erroneous, and that in the liberty of St.
Albans at all event. it wan so considered. Should
pugilists attempt such an act again they might not
be allowed to go away so leniently ; but looking at the maia
view of the prosecution, which was prevention for the
future rather thispunishment for the past, he (Mr. Clark)
thought the court might fairly, if they so plumed, adopt the
course that had been proper There was one other rr
mark he wished to nuke with refereed to the presentment
of the grand jury. It did appear, no doubt, that the police
did all that they could, and that as far se they could they
did their duty ; but the parties at the fight were determined
that it should proceed, so that the two policemen there were
perfectly useless, although they did all they could they
were entirely impotent and unable to repress it. With ra
gird to the defendants he (Mr. Clark) left the niattarie the
hands of the bench for them to deal withas they thought et.
Mr. Codd was anxious to point out to the bench that,
with regard to Mr. Coney he was not • fighting mos,
but • gentleman of respectability. Having certainly be
present he had undertaken the office of referee, end that
showed at all event. that the men had coofidenee in him.
The evidence merely however showed that he had a watch
in his head+
Mr. Clark thought his learned friend had better not go
into the case.
Mr. Codd merely mentioned the fact to the court and un-
dentood his learned friend to ogres to the proposition.
Mr. Clark would sot presume to dictate to the court, but
merely to my that if the bench thought fit to adopt the
suggestion, he should not object on the part of the prosecu-
WM.
The beach having consulted, the chairman intimated that
they taunted.
i. Codd would only ask that the defendants should be
bound over for • limited time.
Mr. James Durant, the deputy clerk of the pesos, said
the defendants would thoroughly understand that the re-
cognisance" not only applied to the liberty of St. Amass,
but to all her Majesty's subjects. (A murmur of surprise
in the body_ of the court).
Mr. Codd said that was at course.
The several ddeuelante then pleaded guilty, sad
The Chairman said—You. James Tyson, Daniel Morris,
Joseph Gan, William Buns (otherwise known as William
Broome), and you. John Cum, have pleaded guilty to an
indictment for unlawfully and riotously assembling and
disturbing the peace, and the sentence of the court upon
you is. that you be bound over each of you in the sum of
504, and find two sureties of 25/. each, wow surety of 501.,
to keep the pain for twelve months towards all her
Majesty's subjects, and any sae of you not having these
sureties will be kept in custody for that time, and I cos.
eider you exceedingly fortunate in having so lenient a
sentence.
The necessary bail was duly entered into, and the defend-
ants left the court, and soon after the town.
The court was cleanly crowded throughout the day with
anxious sightseere.