The Sun.
London, England, 1849-11-30 00:00:00

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LONDON, FRIDAY, NOVEMBER 30, 1849.

The trial of JOHN FRANCIS, for the wilful and
deliberate murder of THOMAS HALL, in the Milbank
Prison, a great portion whereof appeared in our im-
pression of yesterday afternoon, has terminated in the
acquittal of the accused on the ground of insanity.
The facts of this unfortunate and melancholy case,
by which a kind-hearted and efficient officer wan
suddenly deprived of life, and his wretched widow
and children reduced from a state of comparative
comfort to poverty and destitution, must be so
fully in the public recollection, that it is unnecessary
to recur to them at any length. It is sufficient
to say that no possible motive could be assigned for
the ferocious and wanton attack, nor could there be
the slightest doubt as to the perpetrator of the fatal
deed. Poor Hann was invariably lenient and indul-
gent to the convicts placed under his charge, and un-
willing to subject them to punishment for any trifling
violation of the rigorous and vexatious regulations
of the prison. Ills last act was to excuse his
murderer from the unpleasant consequences of
a breach of the rule against speaking with-
out being previously addressed. He had cau-
tioned the prisoner against a repetition of such
conduct, informing him that if the Governor had been
passing at the time he would have been liable to
punishment, and received a promise that a similar
error would not again be committed. There had
been no former dispute, no feeling of revenge to be
gratified ; the deadly assault was committed with-
out the slightest provocation of any kind. Any other
person might have been the victim as well as poor
HALL. It was one of those unaccountable outrages
for which no possible reason could be assigned, save the
aberration of intellect, neither could there be the slight-
est prospect of escape or impunity. So far it would
appear to have been the act of a lunatic, hut the
lunacy should be fully and satisfactorily established.
By the wise provisions of the law, every person who
has arrived at the age of discretion is presumed to be
sane and accountable for his actions, unless the con-
trary be proved ; and the extraordinary nature of the
offence, and want of motive for its perpetration, will
not be sufficient to support the plea of insanity,
unless it be clearly made out, on separate
and independent grounds, that at the time when
it was committed, the accused was of diseased mind,
and "not conscious of right or wrong." If there
was even " a partial delusion " it would not be a
sufficient justification, and " the party would be
equally liable with a person of sane mind."
In the present instance it was distinctly proved
that the prisoner had previously been of unsound
mind, which had been produced by the " terror of
transportation," and, most probably, from the
stringent discipline to which he had been sub-
jected after his conviction. He had been found
guilty of felony in the year 1845, and sentenced to
seven years transportation. In February, 1846, he
had been inspected by Dr. BALY, who reported him
to be " well in body and mind, and fit to be sent out
of the country." In a few weeks, however, the
disease had developed itself, Dr. Mira- was again sent
for on the sth of March, 1846, when he found that
FRANCIS was " decidedly insane." He was accord-
ingly removed to the hospital ship, where he was
attended by Dr. BLYTHE, who also declared that
"at that time the prisoner was decidedly
insane, and labouring under delusions."
The
learned gentlemen also stated their opinions " that
the insanity arose from tin fear of transportation
operating on his mind." And yet this man, on his
recovery, was again placed under the silent system,
in separate confinement—a system that had pre-
viously been attended with such injurious conse-
quence in his case, and which, it was admitted,
would be calculated to produce a return of the
disease. On this point there was complete
unanimity between the medical witnesses. Mr. J. D.
ItENDELL, the resident surgeon of Milbank Prison,