The Sun.
London, England, 1864-06-22 00:00:00

Execution at Edinburgh,

Yesterday morning George Bryce was executed in the
Lawnmarket, Edinburgh, for the murder of Jane Seaton, at
Ratho, Midlothian, on the 16th April last. The wretched
man was tried on the 30th ult. and Ist June by the High
Court of Justiciary, and was defended on the ground of in-
sanity at the time of committing the deed. The jury found
the prisoner guilty, but recommended him to mercy on the
ground of the low organisation of the mental faculties. This
novel recommendation evoked no public support to the pri-
soner's defence, but a petition was sent to the Home Secre-
tary by the prisoner's parent and also by his agents, urging
a reprieve on the ground of insanity. Sir G. Grey, after con-
sidering the judges' report of the case, declined to interfere
with the course of law. George Bryce was the sou of John
Bryce, an innkeeper and coal merchant at Ratho, about 30
years of age, and had been employed as a carter about the
village of hie father. His victim, Jane Seaton, was a nurse-
maid in the house of Mr Robt. Tod, of the firm of A. and R.
Tod, of Leith, who resides in a villa in the vicinity of Ratho.
Bryce had been a follower of Isabella or Lizzie Brown, the
cook in Mr Tod's house, who, however, discouraged the
addresses of her admirer. Bryce's enmity to Jane Seaton
apparently had its origin in the belief or knowledge that she
had called him " a drunken blackguard," and that she had
been the cau-e of Isabella Brown's rejection of his suit. On
more than one occasion during the 10 days previous to the
murder he had endeavoured to obtain access at night to the
house, but without success. On the morning of Saturday,
the 16th of April, he was early astir. Mr Tod usually left
his house at 5 or G o'clock to go to Lei h, and this was a
morning when Bra ce knew the gardener was also absent, so
that the house was without male protection of any kind,
and it was this time he chose for effecting his bloody pur-
pose. On Bryce presenting himself at the back door, Isa-
bella Brown seemed at once to conjecture his purpose of re-
venge, and after an effectual attempt to prevent his getting
in, she ran round the house to warn her fellow-servant.
Her warning, however came too late to prevent a brutal
and murderous assault being made on the girl, whose
screams brought temporary deliverance from the hands of
her assailant. Mrs Tod, aided by Isabella Brown and an
occasional worker who happened to be in the house, suc-
ceeded in releasing the nursemaid,and called to her to make
her escape. Instead, however, of seeking the protection
which the other rooms of the house might have afforded
her, she ran outside, and, crossing the front garden, sought
to take refuge in a neighbouring cottage. . Before she
reached this place of safety Bryce had, by jumping the
garden wall and taking a near cut, again got her in his
power, and this time with more determinate and fatal pur-
pose. Seizing the alarmed and trembling girl, he threw
her on the ground, and inflicted a murderous gash with a
razor ho had concealed it his pocket. A few minutes after-
wards Jane Seaton died, after having been conveyed into
Mrs Binnie's house, and having given utterance to only a
few incoherent words. The fact of the murder was not
denied by Bryce except in so far as he professed at his
judicial examination to have no recollection of the matter.
Ten and a halt years had elapsed since an execution had
taken place in le'dinburgh, and the sight attracted an
enormous crowd, which filled the street from the Castle-
hill to the Royal exchange, the windows and even the roofs
of many of the four or six story houses overlooking the
scene being crowded with spectators. All night through a
large number of people lingered in the neighbourhood of the
scaffold, which was up about midnight, and as the hour of
execution, 8 o'clock, approached, a multitude of probably
15,000 to 20,000 parsons had assembled. The convict, who
had been attended since his condemnation by the Rev. Dr.
Glover and the Rev. Dr, Fowler, of the Established Church.
and by the prison chaplain, had shown great penitence for
his crime, and had asked one of the rev, gentlemen to write
to the murdered girl's parents, and express his great sorrow
for the injury he had done. To his spiritual advisers he
acknowledged the justice of his sentence, and eagerly ac-
cepted their exhortations to depend upon Divine mercy. The
unfortunate man went to bed at midnight, and lay till 4
a.m. The rest of the morning was spent in religious exer-
cises. At 8 o'clock he was visited in the condemned eel
below the High Court of Justiciary by the magistrates and
city officers, to whose custody he was transferred by the
prison governor. He was then taken to the door of the
court room, where the prison van was waiting to carry
him to the sheriff's chambers, in the County-buildings.
Here he was pinioned by the executioner, Askern, of York,
and thereupon he was conducted to the scaffold, attended
by the rev. gentlemen, and by the magistrates and police
surgeon. On reaching the scaffold he knelt down, and Dr
Fowler offered up a short prayer. Askern then put the
white cap over the convict's head, tied his legs with a
cord, and adjusted the rope round his neck. The unfortu-
nate man was then placed on the drop, and the magistrates
and clergymen left the se affold. The executioner drew the
bolt, and, with a few slight struggles, the convict expired.
The drop was ono of unusual length, and the scaffold being
screened up to a certain height, the body was withdrawn
from public view immediately on the bolt being drawn. A
thrill of horror went through the crowd at the fatal plunge,
and some groans were uttered for the executioner, who
showed the greatest coolness. Before 9 o'clock the body was
cut down, and subsequently interred within the precincts
of the Calton Gaol.

EXTRAORDINARY DUEL AT HEIDELBERG.—A
tragical event has just taken place at Heidelberg.
Late in the evening of the 15th, a student belonging to the
body(); the Swabians was found lying on the ground wel-
tering in his blood. He had discharged a pistol in the re-
gion of the heart, but the ball having been turned aside by
touching a rib, missed the heart, passed through the lungs,
and lodged under the right shoulder blade, whence it was
afterwards extracted. At first the natural belief was that
voluntary suicide had been intended, but some letters which
had been written by the student showed he had been the
victim of a shameful kind of duel. A foreign student had
been grossly insulted by the Swabian, and satisfaction was
demanded ; but instead of fighting in the usual way, an
agreement waq come to to draw lots which of the two should
destroy himself within a delay of a fortnight. The
lot fell
on the Swabian. When the time was about to expire,
the
young man, whose father was dangerously ill, solicited an
extension of the delay, but the request was refused, and the
attempt at self destruction was consequently made. Some
hopes are entertained that the wound will not prove fatal,
but all the entreaties of the heads of the university and of
his friends cannot extort from him a promise not to repeat
the desperate act. To all their solicitations his only answer
is—" I have not pledged my honour to seriously wound
myself, but to put an end to my life) and I will keep my
pronaioe,—Vaignani,

spIRIT OF THE PUBLIC JOURNALS,

TIMES.—To-day the answers of the belligerent
Powers to the last proposition of the neutrals will be
presented to the Conference, and we shall learn whe-
ther the present week is to end the armistice and
leave the decision of everything to the chances of
war, or is to see the beginning of a new treatment
of the question entered upon with somewhat better
hopes of success. Of the more favourable result there
is, however, we are sorry to say, little expectation.
The neutral Powers —England, France, Russia, and
Sweden—have supported the scheme of arbitration.
They consider that a question like this, involving
the race, nationality, and language of a mixed popu-
lation, may be advantageously settled by an able
Sovereign and his Ministers, founding their judg-
ment on the evidence laid before them as to the dis-
tricts inhabited respectively by German and Dane.
They consider that only by such a course can the
honour of both parties be saved, inasmuch as each
has declared for a frontier which the other refuses,
and neither will give way in direct negotiation.
The choice of an arbitrator would be a matter for
after consideration. There are not wanting Sove-
reigns in Europe well qualified both by character
and known impartiality for the office. The King of
Italy or the King of Holland would execute the task
with perfect good faith. No doubt the neutral Go-
vernments, feeling that in the acceptance of this pro-
posal lies the last hope of peace, have urged it with
sufficient importunity on the parties to the dispute,
but there is unfortunately little hope that they will
prevail. Of the three belligerents Austria alone,
we believe, has shown any disposition to accept it.
The Court of Vienna is far wiser and far less enthu-
siastiz than any other ruling power in Germany. It
knows how unstable is the position of the Empire,
how contradictory to its own principles is a war for
nationality, how dangerous may be the precedent
of a plebiscite, how little to its own interest it is to
aggrandize the Prussian power, or to give the minor
States a preponderance in German counsels. It
knows that the continuance of war may bring upon
itself and the delicate fabric of Austrian dominion
dangers which have been hitherto evaded only by
a most skilful policy. It knows that France must
be waiting for an opportunity to carry out its tra-
ditional designs, that Italy is ready for a spring,
that everywhere the chance of the Empire being
involved in war rouses the highest hope of the
refugee; that, in short, the whole world is looking
on with expectation of some great result from the
imprudence of a State whose most fitting maxim is
not to move that which is at peace. But these views
are peculiar to Austria. Neither of the other two
belligerents seems to look upon the scheme of arbi-
tration as one that it would be possible to accept.
The Prussians consider themselves to have posses.
sion of Schleswig by conquest, and will not enter-
tain the notion of withdrawing their troops 'at the
bidding of a referee, however able and impartial.
They think that with a little firmness everything
they have sought for many years may be gained.
England, they fancy, will after some sullenness
accept the annexation of Schleswig to Germany as
an accomplished and irrevocable political change.
Without having that low idea of the courage and
enterprise of this country,whiela the majority of the
Prussians now affect to entertain, the Berlin Go-
vernment really believe that the Danish question is
not sufficiently important to this country for us to
endanger our position by entering on its eccount
alone into a war against the whole of Germany.
Why, then, should they accept arbitration if by
merely holding what they have already conquered
they can separate the whole of Schleswig from the
Danish Kingdom ? As soon as the Conference comes
to an end, they can declare the two Duchies inde-
pendent, and inform England that their assent to
the scheme of dividing the Northern Duchy is
retracted as not having been accepted by the oppo-
site party. These reasons have so far influenced the
counsels of the Prussian Court and Ministry that an
unofficial refusal of the scheme of arbitration has,
we believe, been already given by Prussia, and,
unless other opinions have since prevailed at Berlin,
it will, no doubt, be formally repeated at the Con-
ference to-day. Equally resolute is Denmark to
maintain its rights in Schleswig, and only to yield
possession of the country to force. The Copenhagen
Government and people, the Danish party in &hies.
wig, and even the plundered farmers and towns-
people of Jutland believe that they see in war a
chance of gaining better terms than if they accepted
an arbitration which might cut off from them half
of the Duchy. Not only does Denmark object to
the arbitration, but it sees with impatience the
duration of the armistice. There is, we believe, no
question of a further prolongation, and this is
chiefly owing to the resolution of the invaded State.
The Germans would gladly let tee armistice last a
month, or even three months longer, for while they
negotiate they occupy and Germanize; while they
discuss frontiers they are actively engaged in mak-
any frontier but that of Jutland unlikely to be
chosen by causing it to appear that the inhabitants
are in every part, and by a great majority, anxious
for a union with the Confederation. But for these
very ssme reasons, among others, Denmark desires
that matters may be brought to an issue as soon as
possible. If the Duchies are held three months
longer, until the Danish element is crushed out,
until the whole is converted to the doctrine that an
independent dukedom is necessary to their happi-
ness, Schleswig may be considered lost to Denmark.
There is no knowing what effect such a transfer of
allegiance might have on populations which are now
stanchest in their attachment to the Throne. No-
thing, then, they think, remains for Denmark but
to fight as soon as possible, if it be once allowed
that war must begin again. These are the people
with whom we have to deal, and it will be admitted
that there is little chance of bringing them to
terms. The violence and treachery of Prussia
have long convinced the Danes, as they have
now convinced England; that there can be no
safety in any negotiation carried on with the
Cabinet of Berlin. M. von Bismark is so ambi-
tious, so unscrupulous; his influence over the
King is so great ; and war leads so readily to the
improvement of his position with the people he has
so grossly misgoverned, that we can scarcely hope
he will yield to any considerations of justice or
humanity which we can present to him. This
country can only expect a change in his counsels by
making it appear to his own State and to Germany
at large how great are the dangers to which they
exposed themselves. There is, indeed, no section of
the Confederation which has not something to lose
by a policy which places them in opposition to Eng-
land. Austria, the least guilty, would perhaps
suffer the most, as her disccntented provinces may
be either reached or affected by a fleet acting in the
Adriatic, while her North Sea squadron would be
destroyed or driven into some neutral port. The
movement Germany consequent on a war might
lead to risings against the minor Princes, and in
favour of national unity, if even that unity had to
be placed under the protection of the French Em-
peror. As to Prussia, if France remained friendly
and neutral,the prieedemanded would be one which
every German would shrink from paying in patriotic
horror. We have not much hope that anything
which can now be said will influence the reckless
Government of Prussia, but it may be assured that
the renewal of this war will be a calamitous era to
'itself and to most of the German States.
POST.—The mere fact of the Lord Chancellor
being the introducer of a bill purporting in any re.
spect to reform the existing law is in itself a con-
clusive proof that the branch of law affected by the
measure stands in need of modification. No law
reformer of the present, or indeed, we might say, of
any past time, has effected so many unquestionably
good alterations in our system of jurisprudence, and
in its mode of administration, as Lord 'Westbury.
Although when at the bar known solely as an
eminent equity lawyer, no sooner did he become
invested with legislative functions than he applied
himself with vigour and industry to the reformation
of many of the more glaring abuses which for cen-
turies had passed equally unobserved and Imre-
dressed in every department of our legal system.
When in the House of Commons he found time for
the creation of an entirely new law of bankruptcy,
and embodied his views in an elaborately-devised
and most comprehensive statute, which will long
excite the envy and the admiration of future gene-
rations of law reformers. Since his elevation to the
woolsack he has ventured on a task which, from its
immensity, might well have seemed hopeless even
to the most sanguine—we mean the condensation of
the statute law ; and already some progress has
been made in that great work. The last vestiges
of that cruel law which made the debtor amenable
at the hands of his creditor to punishment even
more severe than that apportioned by the Legielas
ture to the commission or crime have not escaped
Lord Westbaurye'sy notice, and
aaentdmweniltls notdoubtlindis
doubtless ere
einlnotng
shadowed forth w
forth by those measures which he has
roll. Within the
arein many aware,
already edsessionded he
to
has,she asstattteh4e
public
in-
troduced a bill calculated to remodel
im-
portant particulars the adeoinietratien of justice
in county courts, and to abolish, so far as is
pproasesitbielee
nbyowlergifieslianti:uer esnupacetrmioern
et
0,
utrht
se
nsfeba
rnielnag!
ionugs
speculative actions with HO other object than that
of compelling the defeated litigant to pay a lawyer's
bill, There are many other measures, and notably
those effecting a consolidation of a large portion of
the criminal law, with which the name of the pre-
sent Lord Chancellor will always be honoarably
tanssospeinactely,,but which it is needless more particularly
Lord Westbury hag been un wearying
in the fulfilment of those duties which, though by
far the most important pertaining to the high office
which he fills, are for the most put entirely
neglected by those who take their seat upon the
Nol contented with thou) important

measures which since the opening of the present
seseion he has submitted to Parliament, he has now
introduced one which will, if confirmed, abolish the
system which at present regulates the remuneration
received by attorneys and solicitors from their
clients. This bill was read a seecnd time last even-
ing, and then, in consequence of some objections
raised by Lord St. Leonards and LordChelmsford,
referred for consideration to a select committee. In
this matter-of-fact age, when almost every business
transaction is susceptible of being made the subject
of special contract, it has furnished no little ground
for astonishment that law, which is the most costly
and the most undesirable of all luxuries, should be
sold according to a tariff over whose regulation the
purchasers are permitted to exercise no control.
The fee of the midwife or accoucheur under whose
auspices an individual makes his entrance into the
world, and that of the physician who vetches his
exit, may be made the subject of special agree-
merit ; and the same may be said of almost every.
act of assistance which, between those eventful
periods the individual in question may require at
the hands of his fellow man. But to this general
rule there is an important exception. If a man is
of a litigious temperament, and is chsirous,,of
gratifying what we may be permitted to call eis
morbid predilections, or if he through 30 fault of
I
his own, is compelled to have recourss to legal
measures to enforce claims, or to resist unjust de-
mands, he knows beforehand that the assistance
which he must of necessity seek must be paid for
at a fixed, and at what he may consider an exor-
bitant, price. He may bargain with his wine'
merchant, or his tailor, or his landlord. or his doc-
tor, but bargaining with his lawyer the Legislature.
does not allow. If he wishes to jog tle memory a
a debtor who obstinately remains apparently uncon-
scious of the outstanding obligation, aed by a gen*
tie threat of legal proceedings to proctre its item"
diate liquidation, " an attorney's letter" is the e!"
pedient employed. But this expeiient has its
marked price, from which an abatemeit is not only
not allowed by the law, but is virtualy prohibited;
and whether the threat accomplishes is purpose or
not, the attorney receives from eithe' the creditor
or the debtor the statutory fee. Butthe samerule
which obtains upon the threshold of all legal pro'
ceedings is equally observed throughthat long end
intricate course which, when once farly in motion,
they almost invariably run. The colsequences are
well known, No man can for even a genera.
estimate of the expense which he may be forced to
incur in the vindication of its legal rights, or what
he believes to be so; nor can his attrney do so for
him. Everything, as the lawyer tell; his client, de-
pends upon " the other side." If difficulties are
raised they must be met, and, if poss,ble, overcome,
but then the cost of the victory must of course re-
main uncertain. The attorney may Cotscientionsli
aver that he will perform his duties as cheaply 8e
any of his confraternity ; but the evil is that tbia
promise fails to reassure him who not unreasonably
thinks that he ought to know beforehand the
amount of remuneration he will eveltually be called
upon to give for the fulfilment of I specified duty'
The main object of the Lord Jhancellor's bill
is to abolish a system so obviously at variance with
those general principles which regulate the tray':
action of matters of business betveen the different
members of society, and which his nought to suP:
port it except its antiquity. It is provided that
henceforth it shall be lawful for every attorney and
solicitor to enter into a contract
with his client,
determining the amount of remuneration be shell
receive for his professional services, and to stipulate
that such remuneration shall either consist of Ili
gross sum or be ascertained according to a standard
agreed upon between him and Iris client, It is, 11
fact, proposed that henceforth tie remuneration of
attorneys, like that of all other persons who are
entitled to recover payment for their services, Ow*
be made dependent, if the parties so wish it, upon
special agreement, and shall nit be regulated 11
those arbitrary rules which have hitherto been by.
posed by the Legislature settlirg the rates of pal'
ment. We are well aware that objections will be
raised to the proposed scheme upon the ground that
it will open a door for what will be apparently
cheap, but will be in reality dear, litigation. Thee!
objections, however, rest upon the narrowest
grounds, and are utterly unimportant when viewed
beside those cardinal objections, based upon tee
first principles of economical science, which present
themselves to the existing system. Dismisaielf
from consideration the fact that the costs of legs'
proceedings are, even under the supervision of tax'
ing masters, scandalously great, there can exist no
just reason why they should not, like the expenses
entailed by any other transaction of life, be made
dependent solely upon the wishes and the conve'
nienoe of those whose pockets they alone affect.