The Sun.
London, England, 1853-01-27 00:00:00

sanction the false humanity of intervening between jus-
tice and the culprit when a decision of proper authority
has been once pronounced. Cases may, and occasionally
do occur, where fresh evidence arises after the convic-
tion of the accused which gives a totally different colour
to the circumstances that were considered to establish
his guilt. Even our excellent system of trial by jury is
not free from occasional miscarriages ; and notwithstand-
ing the circumspection and integrity of our judges, it is
within the range of possibility that an innocent man may,
be found guilty. On rare and special occasions such as'
these, where the probabilities are largely in favour of the
accused, it may be well to intervene between the pri-
soner and his sentence • but we recognise too often a
morbid sympathy for culprits, and there is an increasing
tendency upon the slightest possible excuse to protect
offenders when no rational grounds exist for questioning
the justice of their condemnation.

Our readers know that a Mr. Kirwan was lately tried
and convicted at Dublin for the murder of his wife, the
presiding judge concurring in the verdict which the jury
returned. A memorial to Government, a reprieve and
a commutation of the sentence to transportation for life,
have successively followed. Upon what grounds ? The
memorial has suggested doubts of the prisoner's guilt.
We do not share in those doubts ; but it is beyond ques-
tion that he must have been wholly guilty, or wholly
innocent. If he were guilty, why is the sentence of the
law not to be carried into effect in his case, as in the
case of any other murderer I If he be innocent, why is
he to be subject to any punishment at all ?
The delay in Barbour's execution could scarcely arise
from any dispute of the conclusiveness of the evidence
against him. Yet the remand, and the new investiga-
tion, served rather to throw a suspicion on the trial,
when no uncertainty really existed.
Indeed, there is scarcely a criminal convicted in the
present day but some bodies of nen are so far carried,
away by their sympathies as to believe or imagine ex-
cuses for suspending the arm of justice. The criminal
becomes the object not merely of compassion, but of a
morbid public interest ; and the sentences of our Courts
are impugned and their authority weakened. Offenders
cease to have the certainty of punishment before their
eyes ; and the moral sense of the people is liable to be
depraved by having outrages and atrocities palliated as
soon as the time for their punishment arrives.
Their is also a strong constitutional objection to the
interference of the Executive powers with the sentences
of our Courts, except on most rare and pressing occa-
sions. The same authority which is exerted in softening
the punishment of a convicted murderer, may be exerted'
also, in bad times, in exculpating offenders against po-
pular rights or liberties ; and even the prerogative of
mercy may become an engine of oppression when wilfully
or unduly exercised. The power which tampers with
verdicts in one direction may, by an abuse, tamper with:
justice also to the prejudice of the people ; and we be
lieve that our liberties will always be best secured by.
leaving the judgments of our Courts untouched and un-
questioned, except on great emergencies.
We would not deter those who abhor capital punish-.
ments from advocating their repeal. Their policy is a:
fair and impressive subject of debate. But we cannot
sanction that laxity of principle which simply seeks to
whitewash the criminal because of the severity of his.
sentence. It is the duty of juries if they believe a man
guilty to say so ; and not to measure the punishment
and acquit against their consciences, because the penalty
may be death. And when found guilty, it is for the in-
terest of society that the verdict of the jury should be
sustained, except in those very few and oocasional cases
to which we have referred.
We object to that melo-dramatic interest which is now
centred round a criminal from the time of his conviction
—and which sends him to the gallows a martyr rather
than a ruffian. There is no range of humanity so low or
debased, that in its sufferings has not some claim to our
pity or our sorrow ; but whre we shudder, let us not
burst into an ecstacy of sympathy—where we condole,
let it be with struggling virtue rather than with convicted
and impenitent guilt.