The Sun.
London, England, 1864-01-07 00:00:00

Derbyshire County Sessions, Jan, 5,

THE RESPITE OF TOWNLEY.
Mr. J. G. CROMPTON rose to ask Mr. Mundy,

M.P., whether he, as chairman of the visiting jus-
tices of the Derby County Gaol, had had his atten-

tion called to certain circumstances which had re-
cently taken place within its precincts, and whether
he was aware that a certain commission, composed
of borough magistrates, had sat for the purpose of
inquiring into the state of mind of the convict
Townley ? He believed that the report of that
commission had led to an event which was deeply
deplored throughout the country, and he quoted an
authoritative paragraph from the newspapers of
last Thursday in support of his assertion, that the
certificate signed by those justices had materially
influenced Sir George Grey in his decision. He
would not say that it had been entirely instrumental
in obtaining the escape of Townley, because it was
well known that another and higher commission
had sat, with a view to ascertain the state of mind
of this anhappy man, but it evidently had had an
effect. He noticed in another paper usually sup-
posed to be the Ministerial organ, an article evi-
dently writte❑ for the purpose of exculpating the
Home Secretary, and stating that the respite of
Tnwnley was a purely administrative act, and that
he only acted according to the directions of the jus-
tices who signed the certificate of lunacy. This
had led to a result which, as he had before said,
was deeply to be deplored. The Act of Parliament
had been made use of by those interested in the de-
fence of Townley to introduce into gaol a commis-
sion, formed of certain justices who had previously
formed:and expressed an opinion upon the case

which they were to investigate, and he.need not say
that it was highly important to the community
that such investigations should be conducted by

persons who arepeifectly unbiassed, He found
that these magistrates had previously, one and all,
signed a memorial stating it to be their opinion
that the convict was insane, and praying Sir George
Grey to send a commission to inquire into the state

of his mind. These were the gentlemen who were
called in to give the country an unbiassed opinion
upon a case of this importance. Two medical men
had assisted them in arriving at this opinion. One
of them is the partner of another medical gentie-
man in Derby who gave most powerful evidence in
favour of the prisoner, and who holds the office of
surgeon to the gaol, and who himself had previously
signed this petition. With regard to the other sur-
geon it would be only necessary to remark that he,
too, had signed the same document. In such a case
as this the public are entitled to be made thoroughly
acquainted with all the facts of the case, and they
have a right to demand that such a commission
should be properly selected. It ought to have gone
through its proper channel—that of the visiting
justices. (Hear, hear.) He greatly feared that this
deviation from the proper course had led to a signal
failure of justice—(hear, hear)—and he believed
that it was generally considered that this was ac-
tually the case. It gave just grounds for a suspicion
on the part of the general public that the rich man
does not reap the same punishment for his crimes as
the poor man does, and that such an idea should
gain ground was much to be lamented. (Hear,
hear.) He thought that any act which they, as a
body of magistrates, could do in order to manifest
their disapproval of the present very unsatisfactory
state of things ought to be done. A murder had
been committed, and the murderer had been tried
in open court, found guilty, and sentenced to death.
The jury, by their verdict, declared themselves sa-
tisfied with the evidence as to the prisoner's respon-
sibility, the judge declared himself satisfied with
that verdict, and after all that a secret tribunal was
sent down to the Home-office to report as to the
prisoner's sanity. He called the attention of the
Court to a remonstrance which had been framed,
which the Clerk of the Peace would read.
Mr. BARBER then read as follows :
To THE RIGHT HON. SIR GEORGE GREY, M.P., HER
MAJESTY'S PRINCIPAL SECRETARY OF STATE FOB, THE
HOME DEPARTMENT.

Derby, Jan. 5,

Sir,—We, the undersigned magistrates of the county of
Derby, beg to represent to you that, in our judgment, shared
largely by the public, the circumstances under which Geo.
Victor Townley (who at the late assizes for this county was
convicted of and condemned for the murder of Miss Good-
win) has been respited, on the allegation of his insanity,
ought to be fully and publicly inquired into.
It appears by his own undisputed voluntary statement
immediately after the murder that ho committed the act
deliberately, with full knowledge that he was thereby vio-
lating the law, and teat he had rendered himself liable to
be, and expected to be, capitally punished ; he declared to
Captain Goodwin that the woman who deceived him must
die ; he alleged that Miss Goodwin had deceived him and he
put her to death. It was not the blind and furious impulse
of a madman, but a deliberate act, which manifested the
exercise of reason in his endeavour to prevail with Miss
Goodwin, but, failing in his object, the spirit of revenge,
which was satiated by her death. His family treated him
as sane. Neither the surgeon nor the governor of the gaol
reported him to be insane, as it was their duty to do if they
had so considered him.

The learned Judge stated that if the defence of insanity
set up for him at the trial was to prevail it would be danger-
ous to society.
It is alleged that he has since become insane. A commis.
sion was sent down by you to inquire into his sanity; sub-
sequently to the inquiry by those commissioners the pri-
soner's professional adviser caused another inquiry to be
made by two magistrates, aided by two medical men. the
value of that inquiry can only be estimated by a full and
open investigation into its origin and conduct. This appears
to u 3 to be called for.
The result of these private proceedings has been a respite
of the prisoner and an order for his removal to a lunatic
asylum. The effect has been to cause much dissatisfaction,
Co create a feeling greatly to be lamented—that there is one
law for the rich, and another for the poor; that justice has
been turned aside by the power of money; and that if
Townley and his friends had been poor he would have been
executed, as a man named Thorley was in this county last
year, for a murder under like circumstances.

The inquiry by the commissioners is open to grave ob-
jections. It is one-sided. Townley's professional advisers
and friends have acted with all the energy and effort which
money produces. The prosecution has not been heard, nor
the public interest adequatti,ly represented in the inquiry.
It was private.

The witnesses were, we believe, not sworn. No opp

tunity was afforded to the prosecution of cross-examining
them, and they knew it would be eo; nor of contradicting
. .

or explaining their testimony or opinion by other evidence.
In this and other like cases the prisoner has bees tried by
a judge and jury, acting under the sanction of on oath,
aided by counsel employed cn both sides, witnesses exa-
mined and cross-examined, all in open court, We think
that respect for trial by jury, and confidence in the pure
administration of justice, will be seriously weakened if a
verdict and sentence following such a fair and solemn trial

may, in this or any other criminal case, be interfered with
by any inquiry less public and complete than the trial it•
self.

We therefore most respectfully trust, also most earnestly
urge upon you, the necessity and propriety of abstaining to
act upon this private and ex-parte information, and of taus
ing a full inquiry to be made hato the matters referred to by
some responsible authority, and in as public, fair, and com-