The Express.
London, England, 1859-08-25 00:00:00

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LONDON. =Lamar. AUGUST u.

The guilt or innoesase of a teem awned et • great
crime is certainly one of the graved questions which
can be dammed. The law has surrounded the
accused with every conceivable protection. Before
the final trial his guilt must be deemed pea
bade by the Magistrate, as well se by the
Greed Jury. Before he is found guilty twelve im-
;artist men and the Judge—a high judicial officer of
great experience—asst under the most solemn obli-
gations and in the face of the public practically *ow
cur in the verdict. Moreover, up to the scent
judgment is pronounced, it has long been the pow
tire for the public journals to avoid disclaim' in
order to avoid prejudging the case. It mesa
therefore. impossible to my that ea messed
man, who her enjoyed all theme Wean-
tare, can complain of a denial of justice.
It night indeed seem superfluous to recall practices
so ootor.ous. Bat the meaner in which certain
joareale ere attempting to discuss the nee at De-
blearacast mien it esesteras7 to repeat these
pleas truths. Gee journal which be sametitated
itself the advents of the markt, t. nattwirceiy mime
ma advocate Is. the abolition of capital peadohneat.
To that there sea be me possible ebjestlea. But to
'misrepresent sad sapping the fade preyed is this
are of secret paissaisg—to brand the Judge aid
Jury with opprobrium ter what they have dame to,
attempt to wake out the laaeamese of the Mabel
in order to show, so see ancepsadmat Serb UM
•• Dr. Slimness is about te be wardored," is a
none which es cot only illogical bat somewhat as.
scropti loos. Rebukes have bees hasty administered
those who have vectored. for the safety of society,
to support the earshot at the Jury; and it would be
impossible to find asperse is which yin ler lasses
of language has been seed agaiadtheledieiel thud-
maces of the ',matey than la the pages of some of
our coetsempseariea. Let the question of NOW
punishment be signed es its ova merits, but let ad
any man. because he advocates it. abolition, mialle-
awed to throw the shield of protection over a limas
creature who has bees guilty et the cowardly sad
atrocious crime of went paisembeg.
It ia sorely hardly aseesem to observe that nn
rational being can desire the death of the owtsitt-
nate ass who Iwo in plus. saavisted of wilful
murder. Iternarke apes the huts disclosed is
evidence should ocesaios so sash iwpsdatioe. The
eireuenatances of hie crime were Bette of notoriety,
and farn lased an obv toes subject for almost every macho
journal the morning after the verdict wee delivered.
If nothing more had been said upon the subject, it
certainly would not have been revived in those
columns. But a very diffrrent coons has bon pa.
rued. The grossest abuse has ',owl poured apes the
Judge, urn the Jury, and upon the ‘vitnesere foe
the prosecution; whilst an evening contemporary
has even Ventured to &emit that the HOME SEcaa.
Tilt has been called upon to execute the sentence
merely because such an exhortation was found a con.
venient topic for as article in these dull times. The
reasons for calling attention to this remarkable case
were very different. It we abundantly clear that
the journalists who Unpaved the verdict had not
read the evidence as it appeared, and the most cur.
sory perusal of the lemon of correspondents
established the same fact. Thus it is constantly said
that no poison was found in the body—s statement
probably derived from the mistake of the Voles—
although it was distinctly proved that arsenic was
found in one evacuation, and a certain quantity of
antimony in the body itself. Moreover it is certain
that no oluestion was raised.' to tampering with the
parts of the body analysed, though it is equally cer-
tain that had it been passible to raise any such
question, the opportunity would not have been
missed by the most able and irgeniona advocates of
the primer. And yet this matter is now made a
subject of serious discussion by the advocates of Dr.

Again it ham been asserted more than once that
the Jury were browbeaten by the Judge, sad that
the verdict use not their verdict, but his. A letter,
however, is now published, by which it distinctly
appear, that even before the Judge began to ens up
the evidence eleven of the Jurymen were agreed as
to the guilt of the prisoner. In short, since the con-
clusion of the trial no single fact has been brought
forward which was not fully considered by the Jary,
and it is remarkable that whilst a large majority of
three who have written letters upon the subject do
not venture to say that they believe in the prisoner's
innocence, none of them have had the knowledge or
the candour to state all the facts that were proved.

It moms that the case is now under the considers.
tins of the Judges, and some alarm appears to be felt
in certain quarters lest public discussion should pre-
judice the minds of these high °Sons against the
conv:ct. Are we then to suppose that the Judges of
the land are incapable of detecting the fallacy of any
argument on such a subject, or so weak as to be
unable to withstand • senseless clamour either in
favour of, or against the prisoner ?The Ifoue Saco!.
'CARY and his saaeseas may safely be left to de
their duty. But the opponents of capital punish-
ment must not suppose that they are to have all
the discussion to themselves. They must
to reminded that • most eminent Judge
end twelve rational men, acting under the
most solemn senction,have found Tnom S METIII:RST
guilty of the crime of slow poisoning, and that, upon
the unanimous evidence of the three medical men who
saw the de-reseed during her life, confirmed by the whole
circumstances of the case, and by the fact that poison
was actually found in her body. For five whole
days this trial vest no. There was not the slightest
hurry, and the prisoner had every possible &deans
tar that a prisoner could have. The proceedings
were published from day to day, and even during the
trial scientific evidence was voluntarily tendered on
behalf of the practise', and was received. The
~etwork of the telegraph now covers the
whole kingdom, and, therefore, any scan-
Lac men in the United Kingdom had cmple
means of maimuniasting his knowledge during the
trial—though indeed he might have done so 'months
tefore—J be thought that be could establish the