The Sun.
London, England, 1864-12-10 00:00:00

THE SUN, LONDON, SATURDAY EVENING, DECEMBER 10, 1864.

rvio I'ERSONS SEEKING LANDED
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arrested, and said he could prove that he was at Stratford
looking for work up to 8 o'clock on au:limning in question,
and from 8 to 11 at a beeratiop he menVoned ; but two re-
spectable women swore that about halfoast 4 on that after-
noon they met him going from Hoddeon to Goose-green,
and on the road towards Hertford and Brickendon, so that
ho would be able to reach Brickendon before the time of the
outrage, and it he kept on walking would probably so arrive.
Another described him as wearing a low-crowned hat like
that picked up and produced, and atdvearing a belt, also
like the prisoner's; and further, as "hi ing a sort of etick.
Nor was this all. A labourer saw ME prisoner at a pub.
liehouso at Goose-green on the evening in question
be-
tween 5 and 6, and s ' that he left there about a quarter
before 6 o'clock, and" tit was just 34 minutes' walk
thence to the spot wl , was the scene of the outrage in
Brickendon-walk. And further, a young woman to whom
the prisoner had been engaged to be married swore that
about 11 o'clock on the same night he was at a public-
house at Tottenham,and showed two new sovereigns of the
date of 1864, which corresponded with the two missed by
the prosecutor. In a day or two afterwards he took the
young woman to London paying the expenses and changing
one of the sovereigns.

After the case had been briefly and clearly stated by Mr
Clark,
Mr Barker, the prosecutor, was called as a witness, and
gave evidence of the circumstances of the outrage as above
described. He described the prisoner's dress with the white
patch, as spoken to by the women, and also the low-crowned
hat, like that picked up, and also spoken to by them. He
swore positively, moreover, that the prisoner was the man,
accounting for his not having spoken so clearly at the first
examination by his extreme weakness at that time.
The prisoner cross-examined the prosecutor in a tone of
great coolness and effrontery. He particularly pressed him
on the point of identity, and with great shrewdness observed
that if, indeed, the prosecutor knew and recognised the
man Lit was strange that 14041114041,42aLta.latualix.Jaatl,

done, addressing him as " Sir." To this the prosecutor an-
swered that at that time—that is, when first speaking to
him—he did not recognise him, and that it was not until ho
quickened his step and came closely up to him and along-
side of him, that he recognised him. Tho prisoner pressed
him as to the light, and whether it was not dark and rain-
ing, but the prosecutor replied that it was not raining but
was starlight. Prisoner then pressed him as to why, espe-
cially if he knew him, he had not recognised him at once, to
which the prosecutor answered that he spoke low at first
and was walking slowly. The prisoner then pressed him a
good deal about the other men whom he had met or passed
but it was plain it was not any of them, and the prosecutor,
on re-examination, swore distinctly that it was the prisoner,
and that at the last moment he observed him distinctly. In
answer to the prisoner the prosecutor admitted that he had
not observed any stick or weapon in his hand, "but it
might have been (he added) up your sleeve." Prisoner's
cross-examination of the prosecutor was protracted for a
considerable time, until the old man became very weak and
hardly able to keep up, but his lordship had him seated by
his side and wine was administered to him, and he was thus
enabled to hold up to the last. The result was certainly not
to shake or weaken his testimony, but rather to strengthen
and confirm it.

The surgeon having spoken to the nature and number of
the wounds on the head of the prosecutor, which, he said,
it was a wonder he had not died from, the two women were
called, who swore they saw the prisoner going between 4
and 5 towards Goose-green, (which is half ian hour's walk
from Brickenden-grove), and they gave their evidence
with great clearness ; and; being closely examined by the
learned judge as to the circumstances, and their description
of the prisoner and his hat and stick, the result was very
much to strengthen the effect of their testimony. One of
the women especially had particularly observed the pri.
sower, because, she said, as they met upon a footpath he
pushed rudely past her without making way for her, as "a
man" (she said) ought to do for a "woman." This little
incident, of which she spoke with some asperity, appeared
to have impressed itself strongly on her memory, and she
spoke most positively to the prisoner, who tried in vain to
shake her by his cross-examination, and whom, indeed, she
answered in such a manner as evidently to disconcert him.
'Ellen came the labourer who had seen him at Goose-green,
and who also spoke most positively to him, and was cross-
examined by the prisoner in vain. He was also closely ex-
amined by the learned judge, but he declared that he knew
the prisoner quite well, and adhered to this statement com-
pletely. And the prisoner's tone at the close of this
examination became much lower, and he evidently abated
much of his confidence and felt the full force of the testi-
mony.

The young woman to whom lie was engage 1 to bo mar-
ried was then examined, proving that he bad on the same
night shown two sovereigns like those missed by the prose-
cutor. She likewise stated that ho told her that his stick
hid lead in the top of, it, covered over with wash leather.
eho further spoke to his having a handkerchief, her descrip •
tion of which tallied with one missed by the prosecutor.
She also spoke to his coat, and the hole in the sleeve, which
showed the lining, and so would seem white. This coat, she
said, ho wore on the evening in question, when he went out
and when ho came home.
The prisoner, in cross-examining this witness, elicited
from her that she had both the sovereigns in her hand, and
that she remarked to him at the time that they were both of
the year 1864, This answer seemed quite to confound him.
After a pause he went on to ask her as to the stick, upon
which she answered with equal clearness. At last he seemed
altogether abashed, and when asked if he would ask any
more questions said in a low tone " No." The stick loaded
with lead was spoken to by another witness, and several
witnesses gave evidence more or less confirmatory. F.nally
the police proved the false account he had given of himself
as to where ho was on the evening in question, that he had
been in Stratford all the Saturday up to 8 o'clock, and that
lie had never been in Hertfordshire fur two years. None of
the moneys cr things of which the prosecutor had been
robbed were found on the prisoner.
The prisoner, when called upon for his defence, solemnly
asserted his innocence, but called no witnesses to prove
where he was on the evening in question.
The learned Judge then summed up the case to the jury,
first explaining to them the counts or charges in the indict-
ment, and the different intents laid in the first three, which
charged a felonious wounding. There could, ho raid, be no
doubt whatever that the prosecutor had been attacked and
robbed and most grievously wounded. Then came the im-
portant question whether the evidence satisfied them the
prisoner was the man. The prosecutor swore positively to
his identity. When he first saw him his eyesight was
affected by severe injuries on his eyes, and he could not see
prisoner distinctly; but afterwards, and on this occasion he
swore positively to the prisoner. No doubt there were cases
of mistaken identity. Lot the
jury,then, look carefully at
the evidence of the prosecutor taken in connexion with all the
confirmatory circumstances of the case. He met a man going
, and he met three men; but after-
wardsprisoner, who was going in the
insa
me the
h e
directionsa oppositei
said
h as
i passedr e t on
t himself,
the prisoner,
walking very slowly ; and al-
though at first this man spoke in a low tone, he afterwards, as
he swore, clearly recognised him by his voice, his walk and
footstep. There wore various circumstances he spoke to,
which were confirmed by other witnesses—as to the dress,
the sleeve, and the hat. It was true that he did not observe a
stick, but the man might have had it concealed. Beyond
all doubt, the man had some weapon, and the prisoner had
a stick. That tho prosecutor did not observe the stick,
moreover, might be accounted for thus—that was on the
other side of the man, the furthest from the prosector, who
it was to be observed was struck first from behind. Look-
ing at all the circumstances, it was for the jury to say whe-
ther they had any reasonable doubt. They had heard a
long and rather ingenious cross-examination of the prose-
secutor by the prisoner, especially upon the point of iden-
tity. They could not fail to observe that the evidence of
the prosecutor was not only in itself clear and positive, but
was confirmed by circumstances. Nor was that all. It was
confirmed by other witnesses. It would be important to
consider, in the first place, whether it was proved that the
prisoner was probably at or near the spot in question at or
about the time of the matter in question. Upon this head
the learned judge read and commented upon the evidence
• most carefully, especially the evidence of the women. Ho
observed that where two witnesses, speaking to the same
matter, used precisely the same words it begat a suspicion
of concert, although not necessarily criminal concert, be-
tween them ; but in this instance the language used by the
women was different from that used by the prosecutor while
describing what, in substance, was the same thing, the ap-
pearance of a white patch or mark upon the prisoner's sleeve,
and he observed that this materially added to the force of
their testimony. Having read and commented upon the
evidence to show that the prisoner was near the spot about
the time when the outrage took place, the learned Judge
then came to what he called the important evidence of the
young woman to whom the prisoner was engaged as to the
stick, the sovereigns, and the handkerchief, and he invited
the jury to consider, not merely the separate force of each
of these circumstances, but their combined weight and
effect. He then observed upon the statements made by
the prisoner, observing that the mere fact that an accused
person upon his apprehenston uttered untruths was not
in itself very decisive, as it of tea happened that persons told
falsehoods, who were, nevertheless, innocent of the particu-
lar crime of which they were accused. Still, it was not to be
left out of the case ; and, upon the whole, taking the positive
evidence of the prosecutor and the confirmatory circum-
stances of the case, if the jury, weighing the whole of the
evidence, were satisfied that the prisoner was identified,
then they would find him guilty upon some one or other of
the different counts in the indictment. Then came the
question—the important question—as to the intent which
gave to the crime its felonious and aggravated character,
and it was for the jury to say with what intent the prisoner,
if the guilty party, inflicted these wounds. If not satisfied
of the intent to kill, they would acquit him of the first and

main charge. But they must not forget that the case was
of great importance, not merely to the prisoner, but to the
public, to whom it was of great importance that the person
guilty of such a gross and grievous outrage should be con-
victed and suffer adequate punishment. It was of great
importance that the public should be protected from these
outrages, and the jury must look at all the circumstances
which attended this particular case, the number and nature
of the wounds, the force with which they were inflicted, and
the persistency with which they must have been repeated.
And if, looking at all these circumstances, the jury felt no
reasonable doubt that the prisoner meant to kill, and not
merely to wound, they must not shrink, in the discharge of
their duty, from finding him guilty upon the graver charge
of wounding with intent to murder.
The jury then considered of their verdict.

After consulting some time one of the jury turned round
and asked whether, if the prisoner was convicted, he would
suffer death.

The learned Judge—You have no right, sir, to ask that
question.

Several of the jury desired it to be understood that they
had not wished it to be asked.
The jury said he alone wished to ask it.
The learned Baron—Sir, you ought, when you are in the
jury box, to deliver your judgment according to the evidence.
You are responsible, upon the oath you have taken, for
finding a true verdict according to the evidence, leaving the
law to take its course. In this particular case, however
that there may be no unfounded notion in the mind of any
one of you—l may tell you, that though it was a capital
offence not long ago, it is so no longer. But Ido not ap-
prove the question being asked.
The Juror—l thank you, my lord. But Lord Brougham--
The learned Judge—Pray, sir, apply your mind to the
discharge of your duty.
The jury then turned round in the box, and in a few mo-
ments returned a verdict of guilty of the whole charge.

thAti, playa that-the-prisoner- in 1859 was con-
victed of burglary, and sentenced to four years' penal ser-
vitude.

In answer to the learned judge, it was stated that it was
not known whether he had served his full time, but it had
expired.
The learned Judge then proceeded to pass sentence upon
the prisoner. Yuu have been convicted (ho said) of wound,
ing with intent to murder, and the jury have shown that
they were well aware of the atrocity of the offence. The
evidence was so clear and conclusive that I can conceive of
no reasonable doubt, and I rejoice that the jury, doing their
duty to their country and the law, have not shrunk from
giving the verdict which the evidence appeared to require,
leaving the consequences to the law. Until a short time
ago the offence of which you have been convicted was
punishable with death. 'that is not so now. But looking
at the wicked and atrocious nature of the attack which you
made upon the life of this old man, and also considering
that this is not your first offence, but you have been
already convicted of a felony with violence, the sentence of
the Court is that you be kept in penal servitude for the term
of 20 years.

The impression produced by this sentence upon the
crowded audience was certainly not that it was too severe.
On the priscner it produced no impression beyond exciting
his rage, and with a fierce look and in an insolent tone, he
said, " Ah 1 I shall be back before long 1" an answer which
produced a strong impression on all who heard it, and was
at once remarked upon as an impressive commentary
upon " the deterrent" effect of the present system of
punishment.

Several of tho other prisoners pleaded guilty, but, as the
abo ►e case lastcd until nearly 4 o'clock, the business will
take up part of to-morrow (Saturday).

The prisoners charged with arson and with night poach-
ing pleaded guilty. Sentences were reserved.

The Youngest Government in America.

(From the index.)

On the sth of March next there will be three Govern-
ments on the continent of America, none of which existed
three years ago. On that day the Confederate States will
be rather more than three years old ; the Empire of Mexico
will be about one year old ; and the new Federation, of
which Mr Abraham Lincoln has been elected the first Pro
sident, will be just ono day old. We propose to comment
on this fact, and to point out the obligation it imposes on
the Governments of Europe.
The three new Governments, besides juvenility, have
another feature in common. They have all been created
or ratified by a popular vote, and so emphatically teach Us
the oft-repeated lesson, that universal suffrage d,)es not
necessarily imply a republican form of government ; that
it does not guarantee a free government; that it is not the
letter a Constitution, but the spirit of the people, which
gives birth to and sustains liberty. Besides analogies,
there are differences between these Governments which
deserve attention. In Mexico the form of government
has been changed. In the Federal States the old name
and the old form have been retained, but the character
of the Government has been completely revolutionised.
The Confederate States have taken a new name,
but retained the old form and the old principles. The Em-
pire of Mexico was founded is the hope of replacing anarchy
and misery by order and prosperity. The object of the
Northern Federation is to conquer the South; the mission
of the Confederates is to defend their hereditary rights and
freedom. Or, to quote the words of Earl Russell—' The
North is fighting for empire, and the South for indepen-
dence 1' The Empire of Mexico was established by aid of that
great military Power which assisted the British colonies of
North America in compelling the mother country to recog-
nise them as 13 sovereign States. The Northern Federation
has been ratified by the votes of the majority of the Northern
people, The Confederacy represents the unanimous will
of the Southern people. Mexico, though not involved in
war, has a heavy debt, the legacy of a long period of poli-
tical strife and degeneracy. The North, though the markets
of the world have been open to her to exchange her pro-
ducts of gold, is already in the throes of national bank-
ruptcy—her debt is enormous, and her Government issues
are not worth 50 per cent. of their nominal value. The
debt of the South is not half of that of the North,
whilst her currency is vastly more depreciated—but then
she has been shut out from commerce, and she has a
stock of produce on hand worth more than the amount of
her debt twice told. The stability of neither Mexico nor
the Northern Federation has been tested by invasion,
though we doubt not both could offer a successful resistance.
The Confederacy has been tested by four years of invasion
on a gigantic scale, and no one who has eyes to see and ears
to hear will deny that no young nationality was ever before
called upon to endure such a fiery ordeal, or that any nation
could have made a more heroic and, thank God I a more sue •
cessful defence. It was bat yesterday the Union, itself not
older than some living men, was dissolved. Suppose four
years ago, when the election of a sectional president warned
the sovereign States of the South that they must leave the
Union or become the creatures of a Northern faction, that
some part of what has since occurred had been revealed
—suppose it had been told the Confederates that their
right of secession would be denied by Europe—that
their ports would be blockaded, and that they would be
cut off from all the supplies they so much needed—that
the North, blinded_ by covetousness and malignity, would
conscript upwards of 2,000,000 men for the purpose of
subjugating the South that the North would recruit
her armies from Ireland and Germany—that the North
would spend £400,000,000 sterling for the prosecution of
the war—what, we ask, would have been the effect of such
a revelation? It would not have prevented secession,
but the most sanguine friend of the South, the most fer-
vent believer in the strength of patriotic devotion and in
the might of right, could not have supposed, could hardly
have dared to pray, that the North would make such small
progress as she has done. About ultimate triumph there
could have been no doubt, but it would have seemed inevit-
able that nearly all the great cities of the South must have
fallen and have been in the military possession of
the invader. How different is the actual result I Except
New Orleans none of the greater towns have been captured.
In the Confederate Capital, but a day's journey from
Washington, the Second Session of the Second Congress
of the Confederate States is now assembled. We
will not ask if Mexico could so triumphantly have
resisted such an invasion, but we say, and
without fear of contradiction, that had the North
been thrown upon her own resources as the South has been,
with the same odds against her and the like armies invad-
her—we say that it is altogether without the limits of pro-
bability that her resistance would have been so success-
sul. No wonder that the great man at the head of
the Confederate Government, and the great captains
who lead the ronfederate armies, should be calm in the hour
Of adversity and humble in the hour of victory, feeling that
God has been their shield, and that the Lord of Hosts has
confounded their enemies.

We have said that on the sth of March nett the Fedora..
tion of which Mr Lincoln has been elected the first Presi.
dent will be but one day old, and a little reflection will show
that this assertion is true, and not a mere figure of speech.
Why is the Confederacy called a news Government ?
Some of the sovereign States which compose it arelas old as
the oldest States in the Northern Federation, and the
newest States in the South are not so new as some of the
States in the North. The State Governments of the South
have not undergone so many changes since 1860 as the
State Governments of the North.;The Confederate Congress
contains fewer new legislators than the Federal Congress.
So far as constitutionalism is concerned, while there have
been many important and radical changes in the North,
there havo been but few, indeed no fundamental changes
in the South. But we shall be told that the South seceded
frotu the North, That is true, So it is also that the North

has seceded from the South. What does Southern seces-
sion mean? That the South determined upon having a
central government in the election of which the North
should have no part. Will not the North, on and after the
4th of March next, have a government in the election of
which the South has taken no part ? Did the Federal Con.
gress enact that the Southern States should not be allowed
to vote in the Prebithmtial election of 1854 ? Surely this is
an act of secessien of the North from the South as formal
and solemn as the secession of the South from the North.
We admit that. the North declares that it intends to attempt
to conquer the South. What of that ? Suppose the South
declared that it intended to attempt the conquest of the
North, would that justify us in refusing to acknowledge the
new Northern Federation? Should we therefore have to
recall cur Miui,ter from Washington on the 4th of next
March ?

We l.resume the theory on which European Governments
have hitherto refused to recognise the Confederate States
is that Mr Lincoln was elected by a majority of the States
both North and South, but such an argument will have no
application for the 4th March next. The Southern States are
not the hereditary dominions of Mr Lincoln. The Southern
States do not belong to Mr Lincoln by right of
conquest, and he is not their elected ruler. There
is no subterfuge, there is no sophistry, by which
European Governments can pretend that the Govern-
ment which will be inaugurated in Washington the 4th of
March next is either dejure or de facto the Government of
the South. Mr Lincoln may say that he intends to restore
the Union by force of arms—that he is going to reconcile
the South by slaying her sons, by maltreating her daugh-
ters, and by burning her homes. But this has nothing to do
with the question. We have to deal with the present, not
the future. It Mr Lincoln should succeed—if the men of
the South should be exterminated, and the lands of the
South come into Northern possession—then indeed we
should have to recognise in Mr Lincoln the sovereign of the
South, But meantime, though Mr Lincoln does not rule
over the South, there is a Southern Government, The
question then for Europe to decide is this—whether on the
4th of March next she will refuse to recognise the Confede-
rate Government, and so declare that there is no Govern-
ment
in the South—that is, that the South is in the posit.on
of uninhabited land, and that she is a lawful prize for those
who first get possession.