The Sun.
London, England, 1865-05-05 00:00:00

THE DRAFT REPORTS.

It remains to be added that several divisions took
place in committee on passages in the draft report.
The following paragraph appeared in the draft
report :

" The opinion which the Lord Chancellor appears to
have entertained of his duty upon this occasion is one in
which it is impossible for the committee to concur. In
forming a judgment upon it, it is necessary to bear in mind
the position in which Mr. Edmunds stood at the time his
petition was presented to the house. A report had been
made to the Lord Chancellor by persons whom he himself
had selected to inquire into alleged misconduct on the part
of Mr_ Edmunds, charging him, in the strongest terms, with
havig misappropriated to his own use public moneys, with
having passed false accounts to the Treasury, and with
having embezzled large sums,which, but for the accidental
discovery of his defalcations, would have been lost to the
public. Upon this report four grave charges had been
framed by the Attorney-General, and Mr. Edmunds had
been called upon to answer them in a judicial inquiry. In-
stead of meeting these charges, Mr. Edmunds preferred to
surrender his offices, and to undertake to pay all that was
due from him to the public; and he afterwards paid into the
Exchequer nearly three times as much as then discovered
deficiencies. A second report had been presented only a
fortnight before his resignation, which charged Mr.Edmunds
with still being a public defaulter to a very considerable
amount beyond the sum which he had so paid.
" These circumstances were fully known to the Lord
Chancellor, and were all essentially important to be known
by the house in order to enable it to determine whether
Mr. Edmunds was deserving of a pension or not. All that
was afterwards done in the house was founded upon the
petition presented to the house by the Lord Chancellor
without observation. Upon its presentation the acceptance
of Mr. Edmunds' resignation was moved and agreed to,
and the petition was afterwards referred by the house to
the Select Committee on the office of the Clerk of the
Parliaments."

For this Lord Taunton proposed to substitute
the following :

" The committee cannot coincide with the Lord Chan-
cellor in the view thus taken by him of his public duty.
In their opinion it was incumbent on him, who presented
the petition of Mr. Edmunds to the House of Lords, in
some manner to have apprised the Parliament-office Com-
mittee of the circumstances under which the resignation
of Mr. Edmunds of the clerkship had taken place, and
with which the Lord Chancellor was officially acquainted,
and not to have left them to decide the question of a pen-
sion with no clearer light than that which could be derived
from vague and uncertain rumours. The committee have,
however, no reason to believe that the Lord Chancellor
was influenced by any unworthy or unbecoming motives
in thus abstaining from giving any information to the
committee."

On the question, that the paragraphs proposed to
be left out stand part of the report, there was the
following division : Contents : Earl of Derby,
Earl Graham, Earl of Malmesbury, Viscount Hut-
chinson, and Lord Chelmsford. Not-contents :
Lord President, Duke of Somerset, Earl of Claren-
don, Lord Panmure, Lord Stanley of Alderley, and
Lord Taunton.

The paragraph proposed to be inserted by Lord
Taunton was then agreed to.
The following paragraph also appeared in the
draft report :
" Although the committee see no ground for attributing
to the Lord Chancellor any motive except an unwillingness
to act harshly toward an officer of the House who had
faithfully performed his duties to it for many years, they
are compelled to come to the conclusion that in withhold-
ing from the knowledge of the House the serious matters
affecting the character of Mr. Edmunds, and presenting his
petition as if ho approved of his application for a pension,
ho acted under a mistaken sense of his duty, and has
thereby occasioned serious reflections to be cast upon the
conduct of the House, and has placed it in a situation of
great embarrassment and difficulty."

On the question that the• paragraph proposed
stand part of the report, there was the following
division :—Contents : Earl of Derby, Earl Graham,
Earl of Malmesbury, Viscount Hutchinson, and
Lord Chelmsford. Non-contents : Lord President,
Duke of Somers4t, Earl of Clarendon, Lord Pan-
mare, Lord Stanley of Alderley, and Lord Taunton.
The following paragraph was proposed by the
Duke of Somerset, viz :
" The committee are of opinion-that the pension having
been granted by the House in ignorance of the facts which
are now brought to light, the proper course will be for the
House to reconsider its former resolution."

On the question that the paragraph stand part of
the report, the committee divided :—Contents :
Lord President, Duke of Somerset, and Earl of
Clarendon. Non-contents : Earl of Derby, Earl
Graham, Earl of Malmesbury, Viscount Hutchin-
son, Lord Panmure, Lord Stanley of Alderley, Lord
Chelmsford, and Lord Taunton.

The report, minutes of committee, and evidence
will be printed on Tuesday.

THE ROAD MU2,DER.,

EXAMINATION OF CONSTANCE KENT.
TROWBRIDGE, Thursday.
This morning Constance Lmile Kent, who stands
charged upon her own confession with having murdered
Francis Saville Kent, a child four years old, on the night
of the 29th of June, 1860, was brought up on remand at the
Sessions Court of this town, for further examination.
H. G. G. Ludlow, Esq., Heywood House, Westbury,
chairman ; J. P. Stancomb, Esq., Thomas Clark, Esq., J.
H. Webb, Esq., John Sinkins, Esq., and C. F. C. Gaillard,
Esq., were the magistrates who presided.
It was close upon 11 o'clock before the carriage convey-
ing Miss Kent, her father, and Mr. Alexander, the Gover-
nor of Devizes Gaol, drove up to the court. By this time
some 200 persons had assembled in the approaches, and of
course manifested the deepest curiosity to see the unfortu-
nate prisoner as she stepped from the carriage.

The magistrates took their seats on the bench at 11
o'clock precisely, and a few minutes afterwards Constance
Kent entered the dock, accompanied by Mrs. Alexander,
the wife of the governor of the gaol. Constance walked
in with her eyes cast down, and did not once raise her
head. She wore a thick black veil, and, as far as could be
perceived through it, she appeared much flushed. She was
very sad, but extremely quiet and self-possessed. Her
father was not in the court.

Mr. Rodway rose and said he was present to watch the
case on behalf of the prisoner, but that it was not his in-
tention to cross-examine the witnesses.

Elizabeth Gough was then called, and having been
sworn, said—ln 1860 I was nurse in Mr. Kent's family at
Road-hill House. I remember Friday evening, the 29th of
June. On that day I had been cleaning the nursery. I
was more busy than usual. I did net wake once during
the night, but slept very soundly. I then had charge of
the deceased, Francis Saville Kent. Ho slept in the
same room with me, in a cot on the opposite side.
There was another child, a little girl, in the same
room by the side of my bed. Her name was Eveline.
The cot in which the deceased slept was not
very near to the door, but on the same side of the room as
the door. My bed was opposite the door. I last saw the
deceased on the Friday evening, a little before 11 o'clock.
I then went to bed, leaving him asleep in his cot. I awoke
the next morning first at 5 o'clock. The child was not
there then. I did not wake Mrs. Kent at that time.
I did not wake her because I thought she had taken
the child after I went to bed. I think the door of the
nursery was slightly on the jar. I can't remember distinctly
how it was. After I had seen Mrs. Kent Pwent to the
room of the Misses Kent. I saw the Misses Kent. I went
to inquire if they had seen the little boy. I saw the pri-
soner. She was standing by the door of her own room.
The Misses Kent were in their room. The prisoner was near
enough to hear the conversation that passed between me
and the Misses Kent. The prisoner made no remark what-
ever. I afterwards went down to Mrs. Kent, and I after-
wards examined the cot where the child had been lying.
The clothes were folded down at the foot of the bed. They
were put back. They were not disarranged. When the
deceased child was brought into the house I discovered
that a blanket was missing. It was the blanket between
the counterpane and the sheet that was missing. The
window and shutters of the dressing-room next to the
nursery were fastened as usual on the Friday night when I
went to bed, and I found them in the same state the next
morning. The window of the nursery was also in the same
state. It was the custom of the deceased to sleep in the
middle of the day. He did not do so on the Friday in ques-
tion, because the rooms were all in confusion. Mr. Kent's
family consisted of Mr. and Mrs. Kent, Miss Mary Ann
Kent, Miss Elizabeth Kent, Miss Constance Emile Kent,
and William Saville Kent. These four children were by
the first wife of Mr. Kent. The names of the children by

the present Mrs. Kent were Minnie Saville Kent and
Francis Saville Kent, the deceased ; his age was about four
years ; and Eveline Kent, aged about two years. There
were no visitors staying in the house at that time. There
were three servants, viz., witness Sarah Cox (housemaid),
and Sarah Kerslake (cook). No man-servant slept in the
house. At that time the prisoner had been home for her
holidays about a fortnight. She slept by herself. Her
brother William also slept alone. Each of the other bed-
rooms were occupied by two persons.
The prisoner being asked if she had any question to put
to the witness, shook her head, and replied in the negative.
Thomas Benger, farmer, of Road, deposed that he was
passing Mr. Kent's house about eight o'clock on the morn-
ing after the murder, when Mr. Kent came out and said
his little boy was lost, and that he would give £lO to have
him found. Witness then, with a policeman named Nott,
searched about the premises. On coming to the closet
they found some blood- on the floor, and a light being
fetched the body of the deceased was found in the hole, the
lid being closed. It was wrapped in a blanket, and had
also a night-dress on. Its throat was cut through to the
bone of the neck, and there was blood upon its night-
dress, and a little on the blanket.
Mr. Joshua Parsons, surgeon, of Promo, Somerset, de-
posed as follows :—On the morning of June 30, 1860, I went
to Road-bill House, the residence of Mr. Kent, between 8
and 9 o'clock, where I saw the body of the deceased in the
laundry, on a table. It had a night-dress and flannel on,
and a blanket was wrapped round it. These were stained
with blood and soil. There was an incision on the night-
dress and on the flannel, on the left side, near to the region
of the heart. The first thing that struck me was a black-
ened appearance round the mouth of the body. The tongue
was not injured, but it slightly protruded. The blackened
appearance round the mouth contrasted so strangely with
the pale appearance of the rest of the body that it struck
me there had been strong pressure against the mouth be-
fore death. It did not appear as though anything had
been forced into the mouth. I found an incision in the
throat, which had been made by a cut from left to
right, and which had divided all the structures—
air-tubes, blood-vessels, and nerves—quite to_the front of
the spine. I afterwards, by order of the coroner, made a
post-mortem examination of the body of the child. Wit-
ness here described the internal organs as healthy, but com-
pletely drained of blood. He did not think any narcotic
had been administered to the deceased. The stab in the side
had divided the cartilage of two ribs. This had pushed the

heart and its bag out of the way, and the stab then pease

trated the diaphragm and wounded the upper surface of the
stomach. There were two slight wounds on one of the
hands. The body was rigid when he first saw it, and might
have been dead from five to six hours. In conclusion, wit-
ness said—My opinion is that the immediate cause of death
was the incision in the throat ; but the appearance of the
place where the body was found was such as to lead me to
suppose either that the throat was not cut there, or
that the circulation of _ the child was in . a great
degree stopped by suffocation „before that was done.
My opinion is that the cut in the throat must have been
made by a sharp knife or a razor ; either would have done
it. The wound in the chest I think could only have been
inflicted with a long and sharp-pointed knife. The length
of the stab was about inch, and there was a notch in
the side as if the knife had been drawn out in a diffe-
rent direction to that in which it had been forced in.
The witness added—l accompanied the late Superin-
tendent Foley in searching Mr. Kent's house. Among
other things I examined the night-dress of Miss Constance
Kent, the prisoner, and I made the remark at the time that
it was exceedingly clean, and thought the starch was not
gone from the wristbands and frills so much as it would
have been if it had been worn from the Saturday before.
Witness also described the marks of blood found in the
closet. All this blood was of a dark colour, and appeared to
have dropped down straight, and not as if it had spurted
from living arteries. There was some splashes of blood on
the perpendicular front of the seat in the closet, but these
must all have been made by the fall of blood on the floor.
He was shown a piece of bloody paper which was picked
up outside the closet door. _ _

Mr. Rodway observed that the statement of the witness
as to the blackened appearance of the mouth, and the infe-
rence which he drew therefrom, was not made at the inquest.
The witness, in reply to this remark, said he believed his
explanation on this point had formed part of his evidence
on the inquest, and that he had then stated that he believed
on a diligent examination of the premises more blood would
be found.

Examined by the Chairman—l accompanied Superin-
tendent Foley in an examination of the closet. I did not
see there so much blood as I should have expected to have
seen if the whole of the blood had fallen there from the
body of the child ; but it was difficult to form an estimate
of it on account of the soil and paper there. I was struck
by the appearance of the prisoner's night-dress. I and Mr.
Foley also examined the night-dresses of the other in-
mates of the house, and I was struck by the contrast be-
tween them and that of the prisoner, which latter had so
much less apperance of having been worn. "I was the re-
gular medical attendant of Mr. Kent's family at the time of
the murder in 1860. When I and Mr. Foley examined the
prisoner's night-dress we found it on the bed in her room.
Sarah Rogers, wife of Joseph Rogers, of Shepton Ashton,

deposed that her maiden name was Co; and that in 1860

she was housemaid in Mr. Kent's family. It was her duty
to fasten all the windows and doors at night. On the even-
ing of June 29, 1860, she fastened the drawing-room door
and windows as usual and closed the shutters. The drawing
room window was a sash window to throw up, and opened
from the ground. The shutters fastened withtwo iron hasps.
When I went to bed I locked and bolted the drawing-room
door. Next morning it was open, and the top shutter of the
window open. The window also was raised a little. There
did not appear to have been any force used. It was my
duty every Monday morning to collect the dirty linen from
the bedrooms. Some of this was collected on the Sunday.
Miss Constance's night dress and stockings were thrown
out on the landing on the Monday morning after the murder.
I had some other of her clothes on the Sunday. Ido not
recollect finding her night-dress on the landing before this.
Miss Constance's clean linen was kept in a drawer in her
own room. I took the night-dress to a lumber-room on the
first floor with the other linen, and there sorted it out, and
Miss Kent having taken down the number, I put the linen
in a basket to go to the wash. lam quite sure that I put
Miss Constance's night-dress into the basket with the
other linen. The only night-dresses I put up besides Miss
Constance's were Mrs. Kent's and Miss Kent's. Miss Eliza-
beth always put up her own clothes in a bundle herself,
and a separate book was kept for them. The clothes were
packed up in two baskets, and while I was packing them
up Miss Constance came to the room and asked me to look
in her skirt pocket and see if her purse was there. I there-
upon pulled the clothes on one side, found the skirt, and
told her that the purse was not there. The night-dress
of Miss Constance -was there then. When I told her that
the purse was not in the skirt pocket, she asked me to get
her a glass of water, and I went out for that purpose to the
kitchen, leaving the basket of clothes uncovered. When
I returned, I found Miss Constance on the top of the back
stairs, where I had left her. I gave her the water, and she
drank it, and then she went up the other back stairs lead-
ing to her own room. I was very quick in fetching the
water. Water fit tor drinking was usually kept in the bed-
rooms, and a water-bottle was there also.
Mrs. Holly, wife of John Holly, labourer, of Road, deposed
—I am a washerwoman, and washed for Mr. Kent's family
in 1860. I remember on the Monday after the murder
going to Mr. Kent's house about eleven o'clock in the
morning to fetch the clothes to wash. My daughter Martha
accompanied me. We went to the lumber-room, where
two baskets of clothes were handed to us. They were
not packed up. We carried them home, and I and my
three daughters opened the basket. Miss Constance's night-
dress was not there. There were only three instead of four
in the two baskets, viz., those of the two elder Misses Kent
and Mrs. Kent's. There were two books used to enter the
washing in. I think the one was for the nursery clothes ;
but it is a long while ago, and my memory is not good
enough to remember about that.
By the Magistrate's Clerk—Have you seen anything of a
night-dress of Miss Constance's since ?
Witness (in surprise)—No, sir; I wish I had.
In further examination the witness said she did not men-
tion the fact of the missing night-dress to anyone on the day
they brought the linen home ; but .she supposed she had
done so afterwards. The night-dresses worn by Miss Con-
stance had plain frills on them, and Mrs. Kent's and the
two other young ladies' had edged frills on them.
A short adjournment for refreshments took place at this
point of the proceedings, and the Court re-assembling,
Martha Nutt, wife of Edward Nutt, labourer, was called.
She deposed that she was the daughter of the last witness,
and she corroborated the testimony of her mother as to the
fetching away of the two baskets of clothes from Mr. Kent's
on the morning after the murder. There was no night-dress
belonging to Miss Constance in either of the baskets. Her
dresses were made of different materials to those of the
others. They were made of long-cloth, with jaconet or
plain frills ; and the night dresses of the other young ladies
were made of calico. The three night-dresses in the basket
belonged to Mrs. Kent, Miss Elizabeth, and Miss Mary
Ann. In consequence of there being no night-dress of
Miss Constance's among the clothes witness went down to
Mr. Kent's to inquire about it.—(The result of this inquiry
was not elicited.)
Police-sergeant Jas. Watts deposed—ln consequence of
information received by me I proceeded to Mr. Kent's house
in June, 1860, to search therein. In the course of my search
I found in the fire-hole in the scullery a chemise wrapped
in thick brown paper. I took it into the stable in the
yard to examine it, and while so employed Superinten-
dent Foley came and I showed it to him. There was blood
on it. Mr. Foley took it away, saying he would hand it to a
medical gentleman, and I have not seen it since. The blood
was on the lower part of the chemise. There was a good
bit of blood about it. The blood was on both the fore part
and the hinder part as well. I don't think there was any
blood on the garment about the shoulder part. The marks
of blood and smears would nearly cover the lower part of
the dress. It was both before and behind. I found this
chemise on the Saturday afternoon about 4 o'clock.
By Mr. Rodway—l don't know of my own knowledge
whether the chemise was ever shown to a medical man. I
have never seen it since.

Jonathan Richard Whither, late chief inspector of the
Metropolitan detective force, was next called. He said—On

Sunday, the 15th July, 1860, in consequence of a communi-
cation that was madete the Home Secretary by the magis-
trates of Trowbridge, I received directions from Sirßichard
Mayne to proceed to Road to assist the local police in in-
vestigating this case. On my arrival there Mr. Stanton, one
of the magistrates, put me in communication with the late
Police Superintendent Foley, and I commenced my in-
quiries in conjunction with him. On the 16th July (next
day), while making inquiries at Road Hill House, I found
in a chast of drawers, in a bedroom occupied by Miss Con-
stance, the list of linen which I holdin my hand. I sent for
her, and oho-wing the list to her said, "Is this the list of
your linen?" She said " Yes," and that it was in her hand-
writing. I said, " There are three night dresses mentioned
in it; where are they?" She replied, "I have only two.
The other was lost at the wash the week after the murder."
I asked her for the two, and she brought me the two night
dresses which I now produce. On the 20th July a warrant
(produced) was issued for her apprehension, and I proceeded
to Road Hill House about 2 o'clock on the same day to exe-
cute it. I sent for the prisoner into the drawing room and
said, " I am a police officer and hold a warrant for your ap-
prehension, charging you with the murder of your brother,
Francis Saville Kent." She cried, and said she was not
guilty. She was taken before the magistrates at Road, and
remanded for a week. At the next examination she was
discharged, her father entering into sureties of £2OO to pro-
duce her subsequently, if necessary. I made every search,
assisted by Mr. Foley and his men, of the grounds and pre-
mises at Road for the missing night-dress, but was unsuc-
cessful.

By the Chairman—l was engaged in the investigation
for some weeks, but never heard a word from Mr. Foley or
any one else of a blood-stained night-dress being found on
the day after the murder, and knew nothing of it until I
saw it in the newspapers.
The Chairman—lt is right to say that nothing of this
came to the knowledge of the magistrates until November.
The appearance of the next witness, habited in a long
black cloak, with a peculiar white frill up to the neck,
created some sensation. Being sworn, she stated her name
to be Catherine Ann GrEem, and that Constance Kent from
the first came to her as a daughter, and she wished that the
Court in questioning her should have respect to the confi-
dence naturally arising between mother and daughter. She
deposed—l am Lady Superior of St. Mary's Hospital, 2,
Queen-square, Brighton. I had not known the prisoner
before she came to me in Augtist, 1863. She did not say
anything to me about the Road murder herself before the
statement made public that she wished to give herself up.
I had questioned her about it. The first time was in Holy
Week. On the Wednesday in Holy Week I said to her
that I knew of it (her connection with the murder), and
asked her if she fully realised what it involved. By this
I meant the giving herself up to justice for the Road mur-
der. The Road murder was not mentioned, but it was un-
derstood between us. The prisoner, in answer to my
question, said she did not realise it. I think I said to her
that Mr. Wagner had spoken to me about it. This was all
that passed. The rest of the conversation was entirely on
religious subjects. I saw her again in the same week and
the conversation was then again entirely on religious sub-
jects. Shortly after, about the beginning of the next week
after, she spoke more fully to me. I had her up first of all
to speak to her upon religious subjects, and something in the
conversation made her tell me that she had carried the child
downstairs while it was sleeping, that she had left the house
through the drawing-room window, and that she had used
a razor "for the purpose." (Sensation.) She said nothing
else about the actual deed. She said she obtained the razor
from her father's dressing-case. She spoke afterwards of
the night-dress that had been lost. I think she said that she
had taken it out of the basket again. I don't think anything
else passed. Nothing passed on the day I brought her to
town. She said it was not from any dislike to the child, but
that it was revenge on her step-mother. (Sensation.)
The Chairman—When did she say this to you ?
Witness—The third time, when she told me the other—
that it was no dislike to the child, but in revenge on her
step-mother. I am quite sure about the words "dislike to
the child," but as to the "revenge on her step-mother," I
am not sure she used those words or words to that effect. I
cannot recollect that she said anything more about the
missing night-dress. Referring to the first part of her evi-
dence, the witness said she told the prisoner soon after she
came to the hospital that she had heard from Mr. Wagner
about "it," but she never used the word murder. She was
talking to her about it, and asked her if the child had not
cried to her for mercy, to which she replied that it was
asleep, and that she had carried it downstairs asleep. She
did not say what she did with the razor. I tried to point
out to her (speaking of this murder) how the sin would be
aggravated in God's sight, and was pointing out to her what
would do so, when she made the statement about carrying
the child asleep downstairs. When talking on this subject
to her there was no occasion for me to mention the word
" murder "to her, because she knew what I meant. The
" sin " referred to was of course the murder. I think I have
now stated all the conversation that has taken place- be-
tween me and the prisoner about the murder. Ido not
think the prisoner has made any request to me about her
confession being made public. When I spoke to her about
what aggravated sin, and about realising, she said she
wished to give herself up.

The Chairman—After all the conversation that took place
between you, did you at any time offer her any inducement
to give herself up ?

Witness—No.

The Rev. Arthur Douglas Wagner, perpetual curate of
St. Paul's Church, Brighton, was next called. On entering
the witness-box he said ho wished, before the Courttook his
evidence, to read a brief statement which he had committed
to writing, and which he thought essential.

The Chairman said he had better not road anything until
after he had given his evidence.
The deposition of this witness, taken at Bow-street before
Sir Thomas Henry, was then read, and the witness pro-
ceeded—l had not known the prisoner before she came to
the hospital. She came in the name of • Emily Kent, in
order that people might not know who she was. She was
there about 21 months. All the communication I have had
with Miss Constance Kent was made to me under the seal
of confession, and therefore I must decline to answer any
question that would involve a breach of the secrecy. (Hisses.)
The Chairman—You have sworn to God to tell the truth,
the whole truth, and nothing but the truth.

Witness—My duty to Godforbids me to divulge anything
received in confession. She authorised me to communicate
with Sir Geo. Grey three or four weeks ago on the subject
of this investigation. I had not said anything to her to
induce her to do so. I do not recollect the words used,
but she requested me to communicate to Sir George Grey
that she was guilty of the Road murder, and that she
was willing to give herself up to justice, or to do anything
that he told her to do. She did not say anything more
at that time that I recollect. She spoke to me first about it.
I am unable to state anything further than I have done al-
ready. I could not do so without a breach of the seal of con-
fession. (More hisses.) I do not recollect that she gave any
reasons. She spoke to me first about giving herself up. It
was entirely her own voluntary act.

No further question was put to this witness, who then
retired. During his examination ho kept his hands folded
across his breast.

Frederick Williamson, Inspector of the Metropolitan
Detective Police, was next called, and his depositions taken
at Trowbridge on the 26th ult., containing the prisoner's
confession, were read over to him. He made no addition to
his testimony, and added that this would be all the evi-
dence.

The depositions of the witnesses wore then read over by
the magistrate's cleric, and signed.

When this formal matter had been completed, the prisoner
was requested to stand up, and the usual caution having
been given to her in the formal words of the act of Parlia-
ment, she was asked if she bad anything to say. -
The prisoner slightly shook her head, but no audible re-
ply was heard from her lips.
She was then fully committed for trial at the next Wilts
assizes.

On the conclusion of the case the prisoner walked quietly
from the dock. During the whole of the investigation she
held down her head, and rarely raised it to look at the wit-
nesses as they came up. The inquiry was concluded about
6 o'clock. The prisoner remained at the police station,
which adjoins the court-house, for about an hour, and was
then driven off in a carriage and pair to Devizes. The wit-
nesses on passing from the Court-house were followed by
a large mob. The populace, however, both on this occasion
and during the inquiry, behaved in an orderly manner,
only giving vent to their feelings during the examination
of the Rev. Mr. Wagner.

The written statement of the rev. gentleman was not
read in court, but it is said to have been obtained privately
from him by one of the reporters.

SCENE IN A COURT OF LAW.—At the Leeds Town-
hall, on Monday, Joseph Padgett, clerk, was charged
at the instance of the official liquidator of the Leeds Bank-
ing Company with forgery and fraud. During the case a
"scene" occurred between Mr. Bond, the prosecuting at-
torney, and Mr. Blackburn, a barrister, who represented
Ws prisoner. The latter had characterised something in
which Mr. Bond was concerned as scandalous, whereupon
that gentleman interposed with the following burst of in-
dignation :—" I will not submit to hear any young jack-
anapes who appears here say that anything that takes
place in my office is scandalous. Because a man wears a
wig and gown, does he think he is to talk in that manner
to me, a man old enough to be his father ? If he was out
of court I would wrench his head off."—Mr. Blackburn
told Mr. Bond his ago protected him, to which the latter
retorted, " Your insolence does not protect you," and it was
some time before the mayor could restore the quiet of the
court. The prisoner was ultimately committed for trial,
but allowed bail.

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smoothness and elasticity to the akin.

SPIRIT OF THE PUBLIC JOURNALS.

T-

TIMES.—The reception of Sir Frederick Bruce by
President Johnson augurs well for our future rela-
tions with the United States. It was a formal act,
but it was accompanied with cordial expressions on
both sides, which divested it of formality and jus-
tify us in regarding it as a fresh earnest of amity
between the two Anglo-Saxon nations. The occa-
sion was singularly favourable to the exchange of
those kindly feelings which, in spite of temporary
misunderstandings, have never been extinguished.
For the first time since the great Civil War broke
out, we have been enabled, without any sacrifice of
principle, to show an unqualified sympathy- with the
American people. The tragical end of President Lin-
coln, in the very hour of triumph, and when he had
earned by his moderate counsels the respect of this
country, has been the means of bringing us face to
face under the influence of a common sentiment.
It has gone far to break down the ice of reserve and
suspicion which embittered every difference of opinion
on subjects that had already divided America
against herself, enabling us to appreciate the devo-
tion of the Northerners to a cause which they be-
lieved to be high and holy, and the Northerners to
recognise the true nature of the motives which dic-
tated our neutrality. If this only had been the effect
of Mr. Lincoln's murder, he would not have died in
vain. It was in this spirit that Sir F. Bruce spoke in
presenting his credentials, and it was in this spirit,
as we hasten to acknowledge, that President John-
son replied to him. The first duty of the new SE--
nister was, of course, to offer condolences on the
death of the late President, wilh whom he was to
have had his first interview on the previous Satur-
day. Sir Frederick assured Mr. Johnson with per-
fect truth that the event would call forth an unani-
mous burst of horror throughout Great Britain. He
then proceeded to express her Majesty's earnest de-
sire to maintain friendly intercourse withthe United
States, and her "hearty good wishes for their peace,
prosperity, and welfare." He declared, on behalf
of his Sovereign, whose letter to Mrs. Lincoln will
touch the Americans more than any official declara-
tion, that she had nothing more at heart than to re-
main on the most amicable terms with the Federal
Government, and pledged himself to carry out this
intention to the utmost of his ability. President
Johnson not only accepted these assurances most
graciously, but entered somewhat fully into the
principles which should govern the two nations in
their dealings with each other. He pointed out that
Great Britain and the United States are " exposed
to frequent occasions of misunderstanding" by the
very fact that their mercantile connexions are so in-
timate, their territories in one direction conter-
minous, their language the same, and their laws
similar. Hence the need of greater " mutual for-
bearance." If we look, says the President, to the
numerous sources of discord engendered by these
circumstances, we might be tempted to despair of
peace, or at least of permanent goodwill, between
two such rivals. If, on the other hand, we look to
their common heritage of freedom, to the " prin-
ciples of civil rights and constitutional liberty" esta-
blished throughout their dominions, we might be
led to expect an identity of policy, if not an inti-
mate affiance. Experience shows that neither atti-
tude is inevitable, but if Great Britain and the
United States must pursue respectively an indepen-
dent course, they may at least continue to be good
friends. " Each is charged with the development of
the progress and liberty of a considerable portion of
the American race. Each, in its sphere, is sub-
jected to difficulties and trials not participated in by
the other. The interests of civilization and humanity
require that the two should be friends. I have al-
ways known, and accepted it as a fact honourable
to both countries, that the Queen of England is a
sincere and honest well-wisher to the United States.
I have been equally frank and explicit in the opinion
that the friendship of the United States towards
Great Britain is enjoined by all the considerations of
interest and sentiment affecting the character of
both." This is pacific and statesmanlike language,
and our American brethren may feel sure that it will
meet with a response on this side of the Atlantic.
There never was a grosser calumny against Eng-
lish public opinion than the statement that any class
in this country, at any period of the war, desired a
rupture with the United States. There were those
who thought that it would be forced upon us; there
were a very few who were so far carried away by
Southern partisanship as to clamour for recognition
with little regard to consequences. But we confi-
dently assert that no political section, and we firmly
believe that no organ of English sentiment, has ever
advocated a hostile bearing towards the Federal
Government. A great deal of latitude in speaking
and writing must be condoned in times of excite-
ment, and especially in two countries where the
freedom of the press is unlimited. If all the
sharp criticisms and harsh judgments of the last
four years were carefully culled from the columns
of the British and American press by some male-
volent person, they would doubtless present a very
aggravating appearance. If all the facts and mis-
apprehensions which gave occasion to them were
treasured up with a fidelity equally unsparing, they
would perhaps cause as much irritation as before.
Happily for the harmony of States, as well as for
the peace of families and individuals, bygones soon
I pass into byegones. Time, which, in the words of
Washington, " changes men as well as things," is
ever busy in erasing the records of past animosities,
and a benevolent natural law works a perpetual am-
nesty of that which is best forgotten. The truth is
that many of those sayings which have given most
pain to the English or the American public ought
never to have been repeated beyond the audience to
which they were originally addressed, still less to
have been telegraphed in a mutilated form, without
their context, to those who would least relish them.
Great as the advantages of modern publicity are, it
has some drawbacks, and one of them is the uni-
versal currency which it gives to a hasty expression.
Everything that an American Minister or General
may say to a boisterous crowd of patriotic sere-
naders reacheg our ears with cruel precision of de-
tail, every loose idea of an English member of
Parliament respecting the origin and objects of the
war is reported without explanation at New York.
A great deal of mischief has been done in this way,
and the well-considered despatches of the two Go-
vernments have for that reason received less their
due share of attention. It would be too much
to say that nothing will be found in those of our
own Foreign-office which we could now wish to
modify, for the same marvellous course of events
which carried President Lincoln with it, and of
which President Johnson owns himself the passive
instrument, has deeply influenced the views of
European observers. Upon the whole, however,
we have no reason to be ashamed of the tone in
which Lord Russell has conducted the correspond-
ence, and no reason to complain of that in which
Mr. Seward has represented the interests of Ame-
rica on trying and critical occasions. We earnestly
trust that a like dignity and courtesy may continue
to characterise all communications between the two
Governments) and as for what " Historicus" calls
" idle words of provocation employed by irrespon-
sible persons," let us take_ his wise advice, and
suffer them to be buried in the grave of President
Lincoln.

POST.—Yesterday the investigation of the Road
murder was advanced one further stage, and Con-
stance Kent was committed for trial at the ensuing
assizes. The evidence brought forward substantially
confirms the prisoner's own confession, and leaves
less and less reason to suppose that she is under any
insane delusion in owning her guilt. Under what-
ever maniacal frenzy she may have acted, there can
be no reasonable doubt that she did the deed. At a
later stage it will be proper to inquire into her state
of mind in 1860, since then, and now. But the pre-
sent is not the time for entertaining that question.
She has made a voluntary and formal declaration
that she murdered her half-brother with her own
hand ; and a less formal acknowledgment that she
used her father's razor as the instrument; that she
-concealed and destroyed a night-dress which, from
its stains of blood, might have led to her detection;
that she was not incited to this crime by any per-
sonal malignity towards the poor child, but by a
desire to revenge herself upon her stepmother. Since
that period she has seen the heinousness of her
offence, and, from a sense of duty, gives herself up
to justice, as the only reparation now in her power
to make, and the only practical pledge of the since-
rity of her repentance. The evidence adduced yes-
terday is virtually the same as that brought forward
when the prisoner was arraigned four years ago.
Some slight variations in the medical evidence are
the only things at all noticeable, but they do not
touch the question as to whether the prisoner com-
mitted the murder, but only as to some details in its
perpetration. All the rest is repetition, but with a
circumstantiality which proves all that was needful
when taken in connection with the prisoner's own
statement. The case for sending her for trial was
so complete that the solicitor acting for the family
declined to cross-examine witnesses or take any steps
at thepresentstage. Areluctant admission was drawn
from Miss Grwm, the sister superior of the Home
at Brighton, that Miss Kent had acknowledged the
murder to her, and Mr. Wagner has already said
that she made a similar statement to him. And
so the matter stands until next month, when, at
the Salisbury Assizes, the trial will be proceeded
with. In the present inquiry, as in the previous
one, the want of a public prosecutor is painfully
demonstrated. Strictly speaking, there is no one to
conduct the case on behalf of justice and the Crown.
There are, in fact, three parties concerned—the girl
herself, who is her own prosecutor—the girl's friends
as represented by Mr. Rodway—and the police.
The object of the girl is to fix the guilt upon her-
self ; the object of Mr. Rodway is said to be to dis-
credit her confession by evidence on the unsound

state of her mind ; while the object of the police is
to confirm the charge which the prisoner has made
against herself. We cannot but think that in a
case of such complexity it would have been wise
for the satisfaction of the public, fair for the satis-
faction of justice, and merciful to the self-accused
girl, if the Home-office had appointed one of her
Majesty's counsel to conduct the prosecution. The,
clerk of the magistrates at Trowbridge is reported
to have had an interview with the Under-Secretary
at the Home Department, with the object of ex-
pressing the wish of the Trowbridge Bench that no
one should represent the Crown at the investigation
held yesterday, in order that every chance of escape
should be given to the unhappy young woman wil.°
has given herself up to justice. Sir George' Grey is
said to have acceded to that proposal, and to have
left the case entirely in the hands of the police. We
cannot think that either the Trowbridge Bench or
the Home Secretary has been well advised. IV hat
mercy, or what chance of escape, or what conside-
ration, consistent with the interests of truth and
justice, is the accused likely to obtain at the hands
of the magistrates or the police which she would not.
have received at the *hands of a Queen's counsel of,
high standing, of practised judicial mind, an?
charged with no mission but that of operating wift;!
all parties in eliciting the real facts of the case ? 1'
is a new thing in the administration of justice to
ask the Crown not to employ counsel in order that a
prisoner--even though pleading guilty—may have
a greater chance of life. The questions which ,re-
main for the decision of the jury are sirePq,
these three—Did Constance Kent con' l
the -murder ? what was the state of her mind at
the time ? and what the state of her lanu,
now ? Out of these questions great difficulties
and complications may arise. If the evidence
now produced be not mote complete than it was,
four years ago, the prisoner cannot be convicted,
except upon her own confession. She alone supplies
the missing link. If the solicitor for the family can
discredit the confession by any proof of present in-
sanity, the whole case must again break down, al',
the prisoner cannot be again placed upon trial. But
if no proof of present or recent unsoundness of nlin,"
1
can be sustained, the confession must stand, an
the evidence—incomplete without it--receives
the confirmation required. In that case there can
be no doubt that Miss Kent was the murderess;
But then will arise the question as to her state 01
mind at the time. This is best known to the familli
and they only can supply the required evidence. 1°
the task of proving insanity at one or both of thesei
periods it is said Mr. Rodway will apply hiresel4
and he is entitled to every latitude in its prosecu-
tion ; but we beg to urge that even if Constanc?
Kent be of unsound mind now, yet her statement
may in its main facts be true. And although thil
might not be sufficient to justify her conviction, I
would go far to fix the culpability on the right P
son, and by consequence to vindicate all V7ll°tl
though more or less suspected, were really innocen 0
It is perfectly possible that Miss Kent may ha
,s.,
been under irresistible maniacal influence when 51:
committed the murder, and under no such influence
now when she confesses it. Or she may have brv-a
perfectly mistress of her own actions then, at. e
under unsound influence now. In either case "
evidence of insanity must be strictly scrutinised, es;
pecially that which is brought forward to discreolise
the confession. We ought to be told in detail the
history. of Constance Kent for the last four YePr
o.
and a half ; and instances of conduct indical
unsoundness of mind ought to be produced. It %le
not do to jump to the conclusion that she is ins's-
because she has made this confession, nor to cell
d ;
chide on mere a priori grounds that she has been
brought to a morbid state of mind by the
religious restraint which she has recently led. It
proofs of recent insanity are forthcoming, the The
dente produced by the police, since it confirms
confession, must pro tanto be taken as true. All ,n
quiry may then properly arise as to her state „II •
mind when the deed was committed ; and it is "of
this inquiry, and not on that of her present statena
mind, that her conviction or acquittal on the groan
of insanity must ultimately turn.