The Sun.
London, England, 1854-01-26 00:00:00

LONDON, THURSDAY, JANUARY 26, 1851.

We have already pointed out (in our impres-
sion of Tuesday) some of the serious disadvantages
to which JOHN CHARLES TAPNER was exposed in
the preliminary investigation, as well as in the
more solemn inquiry in open Court, which termi-
nated in his condemnation to death. We could n6t,
however, explain all the difficulties to which he
was exposed. It must be borne in mind that he
was arrested on the charge on the morning of the
20th October. From that time he was kept in
strict seclusion, not allowed the use of fire, can-
dles, or writing materials, unable to communicate
with any person, or to receive the advice and
counsel so urgently required in his awful situation.
In that state he remained until the ninth day, endur-
ing the most fearful privations, although ignorant
of what was laid to his charge. His mind was then
considered sufficiently shaken to be in a fitting
state for the intellectual torture that was about to
be applied. His accusers were not, however, idle
during the interval. In the first place, they had
the answers wrung from him by the constables—.
one an attorney of considerable standing and ex-
perience, who anticipated the duty of the Court
by subjecting the prisoner to a very stringent ex-
amination before his committal to prison, and
without giving the slightest intimation of the
nature of the accusation against him. Then came
the examination of the witnesses whom the in-
dustry and zeal of the constables could discover.
Their examinations, which were not made in the
presence of the prisoner, were directed to find out
.grounds of suspicion against him. Everything
unfavourable was carefully taken down, while
there was no one on his behalf to note favourable
circumstances, or detail any discrepancies in the
depositions. All this time the examining Magis-
trates, who afterwards sat as Judges on the trial,
were receiving the most unfavourable impressions
against the unfortunate accused. Not restricting
themselves to legal evidence, they received hear-say
statements, and even the guesses that might be
hazarded by any of the witnesses, so that
before TAPNER was called on to answer,
when worn out and exhausted by the unwonted
depreciation of every comfort, their opinions
had been formed as to his guilt, and the result of
the further investigation was but a foregone con-
clusion. On the 28th of October, he was sub-
jected to the interrogatory, and no less than 130
questions were put to him ; questions, too, which,
as his able and zealous advocate declared, in his
indignant and manly reprehension of the iniquit-
ous system, " were not consecutive, but jumped
from one subject to another, in a way that could
not fail to puzzle him, and involve him in contra-
dictions." This plan was continued until the 11th
November, when the prisoner was finally emu_
witted for trial, during which time no less than
seventy witnesses were examined against him, and
he was himself interrogated on four different
occasions, viz., the 28th and 29th of October,
and 10th and 11th of November. Even after
being committed for trial, he was three times in-
terrogated in like manner. Can we wonder if,
with his mind thus harassed, his frame weakened
by privation, his nervous system shaken, he should
have suffered himself to be drawn into "injurious '
contradictions, and criminating admissions ?"
Without being at all guilty, he might be betrayed
into statements from which very dangerous in-
ferences might be drawn by persons prejudiced
against the prisoner, and whose minds were fully
made up as to his guilt.
Nor did his difficulties terminate with the pre-
liminary investigation. Had the crime been
committed even in Jersey, the accused would
have been entitled to a trial by Jury, to have the
inquiry on which his fate in this world depended,
conducted before twelve unprejudiced and impar-
tial men. But such is not the case in Guernsey.
There the " Trial by Jury," the great Palladium
of British liberty, the protection against unjust
and unwarranted charges," is unknown. Every-