The Express.
London, England, 1863-08-04 00:00:00

BIUTA NNIA.

Ives svmmos,BLut ISITAIbToi7YEMALZ CURIOSITY.—
THE GREAT (MOST SCENE, with Protenor Penwell adapta-
tion of Mr. Wets's Sint-tea Maslow —Maim Woods= and
Vaadall—THE JAMIE'S DAIJORTZIL—THE RIVE OF LIFE

BLOB WATNR AT LONDON BEIM%
TN DAT Venda.. sh, 60. SOW
DAIOSIOW—MonaIas. 6 UAL .Abormoca A. I4m.

LONDON, TUESDAY, AUGUST 4.

Ir seems that the came against the man CLARKE
for having murdered a young girl, HERTEN at
Islington, has broken down. The crime charged
was certainly one of the foulest order, for it was
distinctly alleged that CLARKE had carried off a
child who was walking with her sister to a green-
house where he was employed as a gardener, and
in the attempt ►t or the act of committing an in-
decent sauna had put her to death. It is months
ago since the poor child was missed by her parent",
and since the father in his distress applied for
advice to the magistrates. Indeed it was not
until the skull and the whole skeleton were dis-
covered concealed behind the wall of the green-
house that any proceedings were instituted.
The evidence of the mother, who was called to
identify the clothes which were found about the
skeleton with those worn by her lost child, was
undoubtedly very cogent, and if the identity of
CLARKE with the person who carried the child
away could have been satisfactorily established he
would probably have been committed. But the
evidence of identity was extremely weak, and upon
this ground the counsel for the Crown was justified
in declining to pursue the cue further.

But it now appears that this is not the only
occasion on which the same man has been charged
with indecent assaults upon young children, al-
though it is the only one in which the consequences
PI such assaults have been alleged to be fatal. Indeed,
there are no fewer than three distinctcharges against ,
the same person, and one of the cases is alleged
to have occurred in the very same greenhouse near
which the body of the poor child HUNTER was dis-
covered. This is said to have taken place in
October, 1861 ; but the last of the three is said
to have occurred during the month of May in the
present year. The question naturally occurs, bow
comes it that these charges have not been inves-
tigated long ago f According to the evidence pre-
duced before Mr. BARKER, the magistrate, the
man CLARKE actually confessed his guilt to Mr.
Rowe, his master, who took down his con-
fession, and yet no proceedings were taken against
him, either by Mr. Rows or by the mother of th.
child. Singularly enough, it was not without much
reluctance that the Solicitor for the Treasury
was prevailed upon to aid in the inquiry with re-
spect to the death of the child HUNTER. It is
surely difficult to understand why the Government
should display so much hesitation in such matters
—and if Parliament were still sitting it would be
interesting to hear from Sir Georgia Gary upon
what principle the Government interferes in some
criminal cases and not in others. In cona-
nental states tiler° is a public officer whose
duty it is to put the criminal law into operation, bat
in this country there is no such officer as a
public prosecutor. The facts in the present
case prove the defects of our present system.
It is idle to suppose that unless the advisers of the
Crown had entertained a very strong moral con-
viction that CLAILKE murdered the girl HUNTER
they would have instituted proceedings for in-
decent assaults committed more than two years
ago. And yet it is equally clear that if this con-
viction is well founded, and if the prisoner had
been prosecuted and convicted of the minor offences,
he would not have been in a position to commit
the greater crime. It is perfectly true that the
parents of the girls who were assaulted
might have persisted in their accusation, and
might have brought him before the magistrate.
But people in the lower ranks of life cannot be
expected to take so much trouble ; and even
those in the higher ranks are too glad to relieve
themselves from the nuisance of having to appear
in a court of justice. The only remedy, therefore,
for the present unsatisfactory state of things is the
appointment of a public officer whose duty it
should b 4 to insist upon charges being pressed
against offenders. The chance of punishment
should not be made to depend upon whether a
complainant happens to be goodnatured and apa-
thetic or is inspired with a stern sense of public
duty. If any such officer as this bad existed it is
probable that -the poor girl If crisrer might still
have been alive, and that no question would have
arisen as to whether the man CLARKE committed
the alleged crime.

But as matters at present stand it is difficult to
a•oertain the principles upon which the Govern-
ment interferes in such cases. It is scarcely pos-
sible to suppose that they have laid down the
absurd rule that they will not interfere until
the prisoner has been committed. For it is
obvious that it is qnite as important for some
competent person to fnrnish aid and counsel in the
collection of evidence as in the conduct of tlis 1
trial before the grand and the petty jury.
Again, it is scarcely possible to suppose that
the Government are to wait until their attention
is aroused by articles in the daily papers before
they think it necessary to intervene. Those who
have been wronged are entitled to the protection
of the Government, and one of the best modes of
furnishing protection is by inflicting punishment
upon those who have violated the law. And to
this protection every person is entitled who con- ,