The National Register.
London, England, 1812-05-17 00:00:00

MAX' I 7._

The ever-to-be-lamented person, whose mortal career had
been suddenly ended by the barbarous assassin now at the bar, was one
of his earliest personal friends. He was a man whose whole life was
each as would have guarded him against the arm of. any other assassin
titan the person now at the bar. He was a man whose arm was never
lifted in hostility against any human being ; and, had the deadly blow
which put an end to his existence given him time to breathe, his last
breath would have been expended in a prayer to Heaven for the forgive-
ness of his murderer. As it was nut vengeance nor resentment for any
injury received from the ever-to-be-lamented individual, which guided
the arai of the assassin, he did not ask that the verdict of the Jury should
be given in a spite of vengeance or resentment—he only asked, that they
should take care, by their verdict, that the Public shall not be left open
in future to such detested murders and assassination.
[During this part of the Attorney-General's speech (which was deli-
vered with great pathos) the prisoner seemed to he greatly agitated—a
momentary flush came into his countenance, which before was pallid
and composed.]
The Attorney-General then adverted to the prisoner's life and habits,
and on the soundness of his mind in every transaction of his life, being
selected by others to transact their business, as well as manifesting and
exercising a complete knowledge of his own. He went some years ago
into Russia, from a house in Liverpool, and there, whether by his con-
duct, or misconduct, lie could not say, he was imprisoned, on which
occasion he applied for redress to Lord G. L. Gower and Nit.. Shairpe ;
but they could not interfere with the Government there, and he after-
wards returned here, and went into business, and found persons to join
him, and employ him at Liverpool, as well to manage kis own, as to con-
duct their atiairs. Then he took it into his head that he was entitled to
remuneration, and sought it from Government here. But no f.anda
Con being established that could warrant their consideration of him, his
claim was rejected.—He then endeavoured to appeal to Parliame:d, but
no person could be found who would undertake the task, conceiving
that he had not the least claim or right to any relief from Parlament.—
He then applied to Air. Perceval himself, who found that he had not
just ground of complaint, and of course resisted his suit. From that
moment the desire of revenge arose in his mind, and murder was the
crime he re,oived on. He has been resi:lent in this city for four months,
and the whole of that Only ha, 1> yen occupied it: hitelf for
the horrid act. Ile informed himself of the time when Mr. Perceval
was in the habit of going to the House of Qommons, he provided him-
self with pistols, balls, and ammunition, and even had an alteratieu
made in his dress, by the addition of a pocket extraordinary to contain
one of the pistols so provided. He placed himself in such a situation as
was best calculated not only to commit the crime that he had in view,
but also to elude the probability of prevention ; for he took his• situa-
tion immediately within the outer door of the. lobby of the House
of Commons, a spot precisely situated to meet every Member as
he came in, and perpetrate the deed without interruption. You
will hear from the witnesses. the, ar-_-Junt of this tragical event.
--=they will detail the of this murder. Is he, or is hr no:,
guilty of the bore id assassirration, is the ~imple question for the Jury, '
a:;d on that you will decide ? In adverting here to the bloody deed, the
Attorney-General noticed the manner in which the' prisoner con-
ducted himself to show that he was always ciimpos irientis, and com-
pletely so at the time lie canoe fitted the foul murder. From these topics
the Learned Gantlemau adverted to the wicked machinations in courriv-
ing and planning the crime. He then appealed to the good sense of the
Jury to say whether, because the whole tenor of a man's life was per-
fectly rational; that it could only be irrational when the atrociousne,s
of the act was such as to indictee men to think that nothing but a mad-
man would or could commit it ? This he maintained should not he con-
cluded. Suppose that it had pleased God, fur the sake of the large fa-
mily which Mr. Perceval had ;eft, and for the sake of the country, to
snatch off the man in the very moment of lifting his hand to commit the
Murder—let one suppose that on the same morning he had made his
will, that his reprezentatives had tried to set aside the will on the plea
ot insanity, and adduced the attempt and contrivances he had made, as
the proof of it—would it be said, having in every other respect strewn
himself a rational man, that this being the only irrational act, it should
therefore be esteemed sufficient evidence of his having no mind ? Be-
cause he had done this one act, which was an act of madness, was it to
be inferred that he was deranged, merely because he had committed so
atrocious a deed, that no one else would have committed it. If so,
then the consequence would be, that the magnitude of crime would be
an apology for it. The Learned Gentleman then stated the law of the
case, as it applied to sane and insane persons, clearly demonstrating
that the cognizance of right and wrong was that alone which the law re-
garded as the criterion by which it considered persons responsible to the
law tor their acts, distinguishing between criminal and civil incapacity:
and this reasoning he applied to the prisoner; adding, that a man may
be incapable of managing his own affairs—that it may even be deemed
!xpadint to deprive h;rn of the power of managing them—yet that man
1$ not tht ruby discharged from his criminal acts. He said this on the
_ ,
author'zy of the first sages who had written on criminal law, and who
laid it down, that a man, though incapable of conducting Isis
civil aflairs, is criminally resgonsible, if he has a mind capable
of distinguishing between right anti wrong. The re had been cases, two
Of which, as the most prominent, he should notice. The first
was that of Mr. Arnold, for the attempt to murder Lord On-

31i

slow, in 1729. The defence set up was, that Arnold *as out of
his mind, and several witnesses proved that he was to a cettain extent
Incapable even from his childhood, every act of his life sho*hig a de&
ciency of understanding, and that he was not capable of managing either
other people's affairs or his own. But It was proved that he had taken
up a causeless resentment against Lord Onslow, had made preparations
for the deed, and it was held -by the Judge, that notwithstanding his
deficient understanding, if he was capable of distinguishing between
right and wrong, he was clearly answerable. The Jury found !tint
guilty, and he was executed. The other case was that of Lord F,rrars,
tor the murder of his Steward. He had taken up an unfounded suspi-
cion against him, and had resolved upon putting the unfortunate man to
instant death. -le made preparations, sent for him to his liouse, put
every other person out of the way, took him into a private room, and
shot him. It was proved that he was frequently insane, that many of
his relations had died insane, that his Solicitor was so convinced of his
insanity, that he refused to act for him. Medical men swore be r: as
insane, his relations declared that they would have taken out a commis-
sion of lunacy, but were afraid of their motives being misrepresented.
His Peers—all the Peers of the kingdom—declared, with one consistent
voice, that he was guilty, and he was executed. These cases the Attor-
ney-General applied to the present, maintaining, that if even insanity
in all his other acts had been manifest, yet the systematic correctness
with which the prisoher contrived the murder of Mr. Perceval, showed
a mind, at the time, capable of distinguishing between right and wrong.
Here there was no deficiency, as in the cases he had cited, and, there-
fore, he must insist, that if the Jury thought with him, they must find
a verdict of Guilty. He concluded, by expressing his satisfaction that
this was an act not connected with any other person, but confined s,.;it:iy
to the prisoner at the bar.