The Express.
London, England, 1864-07-27 00:00:00

MGR WAWA AT LONDOr 131Pla

Ms DAY Warslsm IL la ....Albmins. als.
TOMORAOW Yoram 96 96 9191.

LONDON, WEDNESDAY, JULY 27.

Tel Royal Commission appointed to inquire
into the subject of Capital Punishment has already
commenced its sittings, and, having regard to those
who compose it, there is little reason to doubt that
their labours will result in a very valuable Report.
The advocates of the abolition of capital punishment
are most efficiently represented by Mr. BRIGHT,
Mr. EWART, and Mr. NZATE ; and the character
Of Lord STANLEY'S mind is such that he will pro-
bably adopt that conclusion to which the evidence
brought forward may conduct him. The subject is
thus likely to be thoroughly ventilated ; the laws
of different countries will be ascertained, whilst
the effects of the various changes which
may have been made from time to time
in these • laws will no doubt be accurately
traced. It is, indeed, by no means improbable
that in some conclusions, at least, all the Commis-
sioners may concur. For instance, it would stir-
prise no one if the Commiasioners should unami-
mouldy resolve that capital punishment cannot be
absolutely abolished—that there are some cases in
which this penalty must continue to be inflicted.
To take an obvious illustration. Suppose that the
man who is now on his way to New York should
be arrested and convicted at the Old Bailey of
murdering Mr. Barocs. Does anyone suppose
that in such a case the public sense of what is
right and just would be satisfied with the in-
fliction of any other punishment than that
of death t Laws cannot be practically en-
forced unless they are in accordance with the
feelings of the majority of the people subject to
them. Osthe one hand, when the laws are con-
sidered too severe, juries refuse toconvict, and even
Ministers of State are compelled to relax them.
On,the other hand, when laws are considered too
lenient, there is danger of a reaction against sen-
timentalism, and Parliament may even be driven
to unction 'some Draconian provisions. In com-
ing to a conclusion, therefore, on the subject of
capital punishment it must be carefully borne in
mind that no change in the law ought to be at-
tempted unless there is reason to believe that such
change will be supported by public opinion. For
otherwise the detection of crime will be rendered
more difficult, and the infliction of punishment less
certain.

Assuming, then, that in the present state of
public opinion in this country the complete aboli-
tion of capital punishment will probably be found
impossible, it is tolerably clear that this fact only
renders more pressing.the necessity of distinguish-
ing between different cases of homicide. It may
be that public opinion would demand the death of
Mr. BRIGGS' murderer as the only appropriate pu-
nishment for so daring a crime. But there sre infi-
nite varieties of homicide, and one of the most
difficult tasks for the Legislature or the jurist is
to classify these various cases, and to attach to
each its appropriate penalty. Take as an illustra-
tion the case of RICHARD PAexes, who was tried
on Monday last before Mr. Justice BLACKBURN
for murdering his mother. It seems that Pumas
was a butcher, and, although • married man,
used to live with his parents, and
assisted his father in the management of his farm.
Unhappily the young man was addicted to
habits of intemperance. When drunk he was
violent and quarrelsome ; but when sober he and
his parents lived on the most amicable terms. On
Monday, the 28th of March, young PARK= went
to Sheffield. But instead of returning the same
night as he intended, he did not return until the
next day, and when he did he was " considerably
" the worse for liquor." He was described as
restless and excited. He began to quarrel with
his father in the kitchen, and indeed became so
violent that the servant-maid went to a neighbour
for assistance. In the meantime the father
seems to have lost his temper and abused
his son. A scuffle ensued, and when the
neighbour, Mrs. Eluxes, came back, she found
the father and son struggling with each other in
the garden, and the mother trying to separate
them. The mother, with the assistance of Mrs.
HAiNvi, seems to have apcceeded in her efforts,
for the father went to the stable, and the son into
the house. Immediately afterwards, however, the
son returned with a gun. He took distinct aim at
his mother and Mrs. 'luxe/I, who were only 16
feet off, and then fired. Mrs. BAINES managed to
escape, but his mother was shot dead and his father
was wounded. No sooner was the deed done than
young PARKER aeemsto have awakened to asense of
his position. To his father, as he passed by, he said,
" You should not aggravate me so," and then rush-
ing into a neighbour's house he fastened the door,
and said, " Don't split. I've shot my mother
" dead. Hide rue." " I can't hide you," the
neighbour replied, " I have nowhere to put you,"
upon which the half-drunken wretch ran away.
Presently he was arrested and placed in gaol.
Now, in this case there was no sort of doubt as
to the fact. The whole thing was done in open
day, and the criminal was taken almost in the
very act. If PARKER had been sober there could
have been little hesitation in allowing the law to
take its course. For few cases can be imagined of a
more heinous character. It is true that, according to
the English law, drunkenness is no excuse for crime;