The Sun.
London, England, 1852-04-09 00:00:00

the necessity of multiplying precautionary mea-
sures proportionately with the increase of speed
from the replacing of canvas by machinery. Soli-
citous as we are to witness the more effectual de-
velopment of the national capacities for navigation,
we have long clamoured for the application
of steam, even to the vessels of the royal
navy, through the medium of the screw-
propeller. It would be preposterous, therefore,
to imagine for an instant that we are now endeavour-
ing to depreciate the value of the steam-engine as a
power for marine locomotion. Our purpose at this
moment is to insist, not upon the advisa-
bility of foregoing the advantages of the mo-
dern principle, whether applied to ships of
war or of commerce, heaven forbid ! but
the absolute and imperative necessity of adopting
many additional measures of precaution. Such
measures, for example, as never permitting any vessel
fitted up with new engines (like the Amazon) to make
her first voyage before her machinery has got into
proper play, so as to run no possible chance of over-
heating the bearings ; or as giving more attention to
the efficiency of all the arrangements as to the boats,
so as to facilitate the task of lowering them safely
by their ordinary tackle; or as looking well
to the discipline of the crew, so as to ensure
their respectful attention to orders under any
emergency. Essential we certainly regard these
steps, in the way of improvement, to be—absolutely
essential, if we would be spared the recurrence of
disasters such as those we have too frequently had oc-
casion to recount of late years, disasters destructive
to life as well as ruinous to property ; and because of
our convictions as to this necessity we have taken
occasion to refer in illustration to the recent loss of
the unfortunate Birkenhead.
But—it may be objected—the illustration is un-
lucky, seeing that all reasonable precautions were
adopted in the instance of the Birkenhead. Not so
It is true, that before the vessel struck
on the rocks off Point Danger there was the man at
the wheel, steering steadily according to directions,
S.S.E. E., with a berth of about four miles from
Cape Hangcliff. True, that the night being calm
and starlight, with land visible from three to four
points on the port bow, and with a long swell setting
in on shore—look-out-men were placed and a leads-
man was on the paddle box. But—the course itself
was an evidence of grievous want of proper precau-
tions. They were hugging the shore too closely, for
the purpose of making a " short cut ;" and this,
moreover, still going at the rate of 81 knots.
Besides—about the middle-watch the leadsman sud-
denly got soundings in twelve or thirteen fathoms,
thereupon informing the second master—yet the ship's
course was not altered. What says Commodore
WYVILL upon this subject in his dispatch to the
Board of Admiralty ? Writing from Simon's Bay,
he says distinctly—" When soundings were first
struck, had the helm been put to port, the ill-fated ship
might have escaped the danger." As it was, no such
order was given by the officer of the watch, and
before the leadsman could get another cast the ship
struck, and he found seven fathoms alongside,
with two under the bows and eleven by the
stern. Twenty minutes afterwards the noble
vessel was completely broken up, her hull submerged
acd her spars floating over the surge, with 454 un-
happy mortals abandoned to a sudden and appalling
destruction. Surely, then, there is an utter absence
of the TO rpf 7TOV in this declaration that sufficient
precautionary measures were taken in reference to the
management of the Birkenhead!
Of the heroism, the self-possession, and the dis-
cipline of the poor soldiers involved in this calamity,
it is impossible to think without admiration. Admi-
rable as the spectacle of their endurance is, however.
in the remembrance, it is altogether too touching in
its solemnity to be viewed otherwise than with
emotion. Quis talia-fando temperet a lacrymis

It is a legal principle, which we believe has never
been disputed, that no evidence can be received or, in
fact, anything done indirectly or by a side wind,
which would not be directly available without trick
or subterfuge of any kind. The rule is indeed indis-
pensable to the due administration of justice. If any
relaxation were allowed there would be no end to
the discreditable devices resorted to, and much time
would be consumed in the arguments consequent

upon such attempts. Matters are occasionally, as it
is termed, " thrown into the jury box,"
which, although not legally adialissible, may
yet considerably affect the verdict ; but there is no
practice which the Learned Judges more severely
censure whenever the object is apparent, or even in
any degree perceptible, and the utmost care is taken
to caution the jury that they are bound to dismiss
such matters entirely from their minds, and not per-
mit them in any degree to influence their judgment.
If this be the case in civil suits, where .s. d. are
only concerned, how much more strictly should it
be observed in criminal inquiries, where the
liberties, or possibly the lives, of the parties
may be staked on the result, and where every, even
doubtful, point should be decided in favour of the
prisoner. We find, however, one remarkable case in
which a mere lad has been not only cipitally con-
victed, but is at this moment awaiting the extreme
penalty of the law—which will be carried into execu-
tion on Tuesday next, unless some interference
should take place in the interval—who must neces-
sarily have been acquitted had not his wife been joined
in the indictment, and her confession or statement re-
ceived in evidence and taken into consideration
against him, by the jury who returned the fatal
verdict. We believe that in this assertion we shall not
only be corroborated by the ample reports of the
trial, which appeared in the public journals, but by
the opinions of every person present in court during

_
the inquiry. We would even appeal to the differen,
members of the jury, to say whether their minds
were not materially influenced by the confession of
the female prisoner, and if a single one of these
twelve gentlemen could say that had he not
heard that statement he would not have agreed
to the verdict in the other testimony, which
merely established a case of strong suspicion against
tLe prisoner, the point is disposed of, and the execu-
tion of the prisoner will be neither more nor less than
a judicial murder.
It is not necessary for the purposes of our argu-
'tient to enter into any discussion on the question of
the actual guilt or innocence of JOAN KEENE, or to
Consider whether his wife was the real delinquent, or
whether both participated in the fearful crime. Ac-
cording to constitutional principle i t is not sufficient
that
a man should have committed any offence. His
guilt must also be clearly
dence.
no possible
We find * repeatedly com-
plaining of parties,lgatrocious con-
duct established by legal
doubtevi-
respecting whose _
escap-
ing with impunity,
in the indictment. The evidence,
-nineis really
link in the chain of through some defect in a single
could be entertained,
or some technical error
vast importance. It is foundedsurd pitch,
nnbriociple, however, although
apparently carried to an
should escape, than that one innocent doc-
trine that it is better that " nin on the humane
3' Put forward
guilty persona
have been so clearly and beautifully unjustly punished," a doctrine, Icent man should be
one of
cillre"cins for which
Sir SAMUEL ROMILLY, that we cannot refrainby quoting the very words from of that distin u- h le
reformer :—" It should be recollected, too,"gs ed
1-;
accomplished, amiable, and highminded said
that ,;
" that the object of penal laws is the protectiongentiern—'
security of the innocent ; tbat the punishment and
f ofthe
guilty is resorted to only as the means attain-
ing that object. When, therefore the guilot
the law baa merely failed of its intended esffcape:
it has done no good, indeed, but it has done noeh effect;
But when the innocent become the victims of"'
the
law, the law is not merely inefficient—it does
not
merely fail of accomplishing its intended object, it
injures the persons it was meant to protect ; it creates
the very evil it was to cure, and destroys the se-
-1 curity it was made to preserve." The opinions of
such a man must ever command
i respect, more eve-
! cially on subjects to whic'n he had especially directed
his attention, and by means h w ereof he gained his
brightest laurels.
In the particular case under notice, had JANE
KEENB not been placed on her trial along with her
husband, no statement of hers, although given on
oath, in his presence, and with a full opportunity of 1
cross-examination, could possibly have been received.
In consequence of the relationship existing between
them her mouth was hermetically sealed against hin.i, ,
either for good er evil. He could not receive the