The Sun.
London, England, 1864-01-15 00:00:00

THE SUN, LONDON, FRIDAY EVENING, JANUARY 15, 1864,

by what transpired iu court, so in fact I had nothing posi-
tive to communicate to the Magistrates. The pros and cons
which had been traversing my brain for two 'months I could
not place in my journal—a history of my embarrassments
would not afford any insight to the state of the prisoner's
mind. Supposing I had considered him insane on his ad-
mission, all was done for him that could be done. Magis-
terial authority is very limited ever a prisoner before trial;
after conviction it is extended, and it becomes an important
duty with me to report to the Visiting Justices the phy-
sical capabilities of prisoners to perform their different pri-
son duty ; it is also highly imperative on me to look after
the mental state of sentenced prisoners, so that if insane
they may be removed to Lunatic Asylums.
Dr. Goode thus explains his share in the matter :

No steps having been taken by the Visiting Justices to
inquire into the state of the criminal's mind, some magis-
trates were applied to under this clause (of the Prison
Discipline Act) to take with them two medical men and
make the necessary inquiry; the proceedings and the act
were duly explained to the Chairman of the Visiting
Justices, and an order obtained for admission to visit the
prisoner; and let it be observed that if those who desired
this inquiry were in a minority among the Magistrates, at
least their judgment was corroborated by that of the autho-
rities at a distance, who actually did send down Commis-
sioners. The "local commission," as it has been termed,
having for a few hours deterred its visit to suit the conveni
ence of some engaged, met at the gaol some persons stated
to be the very Commiseioncrs required. The Local Commis-
sion was of course of necessity deferred, and would havebeen
omitted altogether but for the feeling that no act of forma-
lity should remain unfulfilled in this emergency ; it hence in
due course entered on a careful examination of the prisoner,
and the members, acting on their convictions, signed the
necessary paper; this paper was simply drawn up in formal
compliance with the act, and no reasons were appended
to it, because it was decided to leave to persons more
conversant the task of collecting and comparing the
evidences for the Secretary of State. No friends of
the prisoner, nor his solicitor, bore any part in or
were present at the examination. Subsequently, to
this proceeding, an informality having been pointed out,
since but one of the magistrates was a county magistrate, a
second examination was undertaken in the presence of two
county magistrates to avoid the technical difficulty, and if
it was needless, at any rate the amount of undue influence
exercised thereby in obtaining a reprieve may be judged of
by the fact that it had not yet left the town when the re-
prieve arrived. The magistrates engaged justly remark that
if the friends of Townley did not interfere, who else would
by possibility do so, and in this they are sustained by the
fact that since the time of the trial the visiting justices had
never visited the prisoner, though it must not hence be in-
ferred that the magistrates who did visit Townley had any
personal connection whatever with his friends. It has been
objected to the individuals who conducted this examination
that they were all already committed to maintain the pri-
soner's insanity, through having already signed petitions
for the prisoner to the Secretary of State. This allegation is
not true. Doubtless two magistrates had signed a petition,
but the third had refused to do so, though he had signed a
document praying for a commission ; and neither of the two
medical men had signed any document whatever ; one, Mr.
Harwood, from his public opportunities, has the experience
in judging of insanity attained by but few general practi-
tioners; of my own fitness as the other I may not speak, but
I would ask why was my name before all others called
for by the public local press at a previous stage of these pro-
ceedings? Although partner with the surgeon of the gaol,
I have myself no connection with the gaol, and had had
nothing to do with the prisoner, and participated in the
prisoner, I may remark
pgreonoefrsalo
fb iainsanitysentertained
taegdabinys
the
the him. With regard to the
that the account of his ordinary be: ring, and ultra opinions
on religious and other subjects, have been already much
discussed, and are well known, 1 need not hear repeat them :
we find a man whose creed is annihilation after death, and
yet we fled him exulting and
gaining flesh on the conviction
that he shall again possess in flesh and blood, as before, the
victim he has himself destroyed; from this and his other
delusions we mayfairly draw a key to explain what we might
otherwise simply call hardened impenitence, and conclude
he is not simply impenitent, but mad. If a person enter-
tains impossible and irrational convictions on matters of
fact, irrespective of the teachings of superstition or ignor•
ance, such persons may fai,ly be accounted insane. The
delusions entertained by the prisoner having all reference
to conditions immediately upon, and subsequent to, the
commission of his crime evidently follow, and do not pre-
cede it, though it must be confessed that they prove the
material from which have emanated these manifestations of
unsound mind.