The Sun.
London, England, 1840-07-11 00:00:00

1r99! meN. sAirrniut nviil 1!40.

t uc,C depo.•ited at Ihe klitspitat, and, having se-
cured a the waggons that wcre available, in order to
ernvey the others, we roarched at four in the afternoon.
The oy rei:ted at Detle; a, anti the coudenwed
form-,ng Coe sit pt at ()tiled Slandtl, ti itl.l
Coliiiivl ergo, Li-btly, oii the 24th, at ?lire in the
o.otoing, the wa;rg(irs vionnd,d were ne-
posititig their t ri.eiout burden in the hosp'.ral IS the day.
the ha:talious of mad to t i.rs entered
town, di urns beating. •
vessel he.tig about to start, I send you this order of
:he day 'which has just been published :...._
" ALGIERS, JUICE 28.

" The army has invaded again with success the great
valley of the Chelif, .nd the supply of provisions for Mi-
liana has been completed up to the Ist of November.
" Abd el Kadcr triod in vain to oppose that operation,
but his cff Its failed before the courav of our troops.
" The Marshal has finished the works of defence for Me-
dea', and has had the harvest crop got in to a great dis-
tince from the town.
"Tits Camp-M,irshal commanding the Province of the
Territory of Algiers. " CORBIN."

LAW 12.TELL((iii,iNCE.

COURT OF CHANCh.RY, JuLY 10.

ISAAC'S V. COMPEWIZ. -JUDGMENT.

The Lotto CHANCELLOR gave judgment this morning
in this case, which was argued before the Court some time
since, upon motion for a ricai trial. The question in the
ease ri lated to the legitiinlcy of a person named John
Gully Isaacs. and upon that question two or three trials
have already taken place. Oti the last occasion the Jury
found in favour of the legitimacy. Time Lord Chancellor
considered that at that trial sufficieht weight had not been
given to the evidence of the medical men, and upon that
ground his Lordship directed a new trial to take place.

TILE ATTORNEY-GENERAL V. DANIELL.

The further arguments in this part-heard appeal were
than prneeeded with, but had Lot concluded when the
Court rose.

VICE- CHA IV CELLO IC S COURT, JULY 10.

The VICE-CHANCELLOR, after dispostrg of the short
causes and unoppLis,d petitiot.s in the paler, was obliged
to rise in const.quence of Mr. K. Bruce b!ing engaged in
the Lord Citaneellor's Court, and there bring no case i❑
the paper with which his Honour could proceed in the
absence of that Learned Gentleman.

it a 4 H TREASON.

CENTRAL CRIMINAL COURT.

. . OLD COURT.
(Before' Lord DeassieN, I`,lr. Justice PATTESON't Mr.
Baron itenoiteoN. and the R econoen )
TRIAL OF OXFORD FO R G AT
HER NI kJESTY.
The SOLICITOR-GENERAL said, in cor.tinuatien from
The Sun of yesterday._._
Then as to the documents found in the box—they were
evidently written with a view of showing that there was in
existence a conspiracy for some political purpose, and the
person writing them meant mischief. Supposing this to
be a csmplete fabrication, of which he had no doubt, it
displayed considerable ingenuity. The letters were dated
at distant periods, and directed to the places where the
prisoner resided. If there were indication; of insanay in
,hem. there were none ef imbecility. They were written
with the express desire of inducing the belief that there was a
secret con-piracy in cunnexion with Hanover. One of the
proofs, ffered of the insanity of prisoner was a morbid de-
sire of becoming distinguished. Had he really imagined
he had made the beautitul speech alluded to in the letter,
his relations would have heard of it. He was labouring
under a desire of rotoriety, and these letters were such as
were of all others calculated to excite the idea that he was
employ-ed by some secret conspiracy, and to make him of
consequence. Hatfield was labouring under the delusion
that he was called upon to suffer death by the
hands cf the public executioner as a propitiation
of the sins of the world. It was proved that he fired in
the direction of the King, but without any design of kill-
ing him—his only desire being to sacrifice himself. If
the prisoner knew he was breaking the laws of man and
of God, their verdict must be against him. Had he at-
tempted to escape it would have been great proof of
madness. He knew he could not. The Queen was
surrounded by her best guards, although not in red
costs—her people ; and he took ss.ch a correct view
of his situation as to know that escape was impossible.
Had he escaped, his desire for notoriety would not have
been gratified, and he accordingly boasts of what he had
done. He knew perfectly well that he was liable to be
taken into custody ; and then let them see how this sup-
posed imbecile cross-examined the witnesses at the Privy
Council. Did he suppose he was doing an innocent act. If
be did, he was entitled to he acquitted ; but he knew
that he was breaking the law. If he intended the death
of the Queen, it mattered not under what delusion be was
labouring ; if it did not bear upon the act he was amenable
to the law. Was he ignorant of the effect of firing
pistols ? Was he ignorant ci the person at whom he
armed ? Was he ignorant that he was subjecting himself
to punishment? What foundation wasthere for supposing
that lie ever imagined those letters related to real.eircum.
stances ? Very fearful consequences would ensue if a man
before the commission of a crime, could write the evi-
dence of his own insanity, could sign a verdict of his
own acquittal. Eleven months elapse between the 'dates
of the two letters, rather long a time for a person to
keep up a consistert train of delusion ; they were pro-
bably written at the same time for the purpose of de-
ception. Not that the writer was deceived, but that he
sought to deceive others. Not one human being has heard
a breath from him to indicate that he was labourites
r any delusion with regard to this Young England.
Lintin, Gray, and the landlady where lodged, were called
tty the prosecutor to give an opportunity for cross- exainic-
lug them, but not a single question had his Learned
Friends ventured to ask them with respect to his delu-
siees. Was there a period at which it could be shown
that he was unconscious of what he was doing ? Neither his
laughieg nor weeping indicated any delusion. He said he
could not control those propensities, they were involuntary,
and his mind was or. no occasion air: ct ctd. He never ascribed
ether his laughing or his crying to any delusion
uudt r which he was labouring—nor was such an
impression ever made upon the mind of any per-
son with whom he came in contact. It appeared
that as a boy he was allowed the indiscriminate use of
fire-arms by his mother, and had been trusted with them
ell his life. Would they have trusted a madman wit's
diem ? Would she have left her mad son with pistols
in the same house lc ith her daughter ? Where was
his imbecility in his reply to his mo her about look-
lee out for another place ? Let them take the acts
of the witnessess and compare them with their evi-
dence. In the case of Hatfield, he was in in a state of
raving madness on the morning of the day. At what period
was the prisoner incapable of determining right from wrong?
le could find nothing to warrant such a conclusion as in-
sanity; if they could he should rejoice. It was a most
fearful ease. They had heard medical evidence. It looked
as if Mr. Clarke had suggested the plea of insanity. He
gave the medical men his impressions, and he takes them
to Newgate to see the man. What delusion have they
stated be was labouring under ? Suppose he was violent ;
suppose he was indifferent to his own fate, pre-
ferring notoriety to everything else; what of that?
They say he was insensible. • He did not suppose
that in any case of murder, or attempt at murder, they
would find the individual committing it of common
or ordinary fe.lings, of correct mind, or fine sensibilities.
But he would ask what state of mind had they indicated
that he was relieved from legal or moral responsibility ? It
was not, therefore, whether the prisoner was of sound or
of unsound mind, but it was of the degree. He was pre-
for thsis eoe"-g, no he mere have here sufficiently
'aware of his situation to give aid to the observations of
the doctor with apparent insensibility. There was
nothing of insanity which incapacitated the individual
from any ext seise of his judgment. The safety
of Englund depended upon the conduct of juries. There
might be laws to protect life and property, but all depended
upon the manner in which juries should execute them.
Every one must desire that justice should be exercised
ith humanity, but considering the responsibility depend-
leg on them, it was most important that the attention
should net be distracted by the consideration of what
might be the effect of their verdict. Justice should he ad-
ministered with mercy. but mercy was the second eonsi-
derati,n, justice was the first..
The Judges basing conferred together fry a quarter of.
an hour—
Lord DENMAN commenced the summing up, and stated
wasw cerhea,rgtehdatwitteh
fired two ttytrocals,oisnu;,l
pistols at
her
overtt3lll,l
jteetshwt
aye::
etpstrkji
chargedes or prisoner
l loadede
with bullets. The Jury were to deter-
fired the pistols, and whether they were
loaded with bullets, and then to consider whether the prisoner
weie insane. These questions were iicrfectiy distinct.
As to the tact of the firing, that was too notorious to stand
in need of much comment ; but they were to dismiss from
their minds all they had heard on the subject out of Court,
and attend solely to the evidence. There could be no
doubt but that the prisoner was the person who fired the
p stols ; but as the case was most important he should go
through the whole oldie evidence, and call their attention to
the facts as he went dung. His Lordship then commenced
reading the evidence. On coming to that part of Lone's
evidence in which he states the prisoner to have said he
had friends, his Lordship said that there was no evidence
to show the prisoner had any friends or accomplices. As
to the distance, if Lowe's evidence as to the distance was
correct, it would seem that it wee wonderful the pistols
should they were loadsd, but there was a
difference
haverericei missed
ntlrei i
testimony as to distance. As to the pri-

sone!. not attempting to escape,
he thought nothing could
be gathered from that as to his state of mind, because any
clan who had made up his mind to commit such a crime,
have made up his mind to suffer the consequences.
The evidence of Mrs. Stokesly went to show that the
Qaeea crouched down io the carriage, and that probably
might have saved her, supposing tne pistol to have been
loaded with ball. This witness and Perks both said they

heird a whizzing, and that was the °illy direct evidence
they had as to bails b• ing in the
pistols. There was col-
lateral and conjectural evidence on the subject ; and it would
be for the Jury to consider the whole el the evidence on
the subject. With regard to the inquiry of the prisoner,
Is the Queen hurt?" it showed that he was aware of what
he was &dealt, and in a sane man would be strong evidence
that he knew that he had done that which would hurt the
Queen. It appeared that after that he was questioned,
-which was a most improper course to be pursued, and which
would have been much better avoided. The evidence of
another witness made the distance between the prisoner
and the carriage to be ten yards. This was a consider-
able difference as to distance from the other witness. With
regard to the prisoner saying that if a person's head had been
between the pistol and the carriage he would have found
the ball, he did not attach much consequence to that.
With regard to the evidence of Charles Brown, if they
inf s
that were i n
jpur
reys present
dy
be to
en:
made one erlgescerenni:utalsdt
be-
liLved him there was a clear admission on the part of the
prisoner that the pistols were loaded with ball ; but it was
but fair to the prisoner to state that although the witness
tstatedilematrhkaot
no ttehcer
wall,[Cers o
been called who had hearditialltelainititihist,sytautmeesott.
primer's handwriting, and
easiVniathbl
it was curious that no brick should be found under the wally.
but it was part of the evidence. before them, and they
determine upon it. With regard to the papers found in
that
the
tlie boper,istohneeyrweerneteprrtoadhtii,eded
very improper
aimvirwo:efrshiedweainslthey
were real, they would
reesoacide society
P'•inling at the Queen and
but he did net imagine that such an idea could be enter-
tained by any prson, and it must appear that the prisoner
werepi frotvii prove ytPht ca°(tvnich lded wastsou pbpcosein
connected t
had been amusing himself with writing these letters to
the loading with bullet, they would now see what had been
said on behalf of the prisoner. The witness, Macdonald,
himself. With regard to the
was evidently of opinion that the marks on the wail were
produced by bullets, hut it would be for the Jury to say
whether they thought the pistols had been aimed at the
Queen, and whether they were_
insanity. loaded with ball. Now
with o
regard to the question f If they were
of opinion he was insane they would probably consider it
more probable that being reckless of consequences he had
i
loaded his pistols with bullets. The question of insanity
was one of the most important and_ difficult to determine,
that could be brought before a Court. Every ease must
be determined by its own merits. All a Judge could do
was to state the rule of the law, and leave it to the
Jury to apply it. With regard to the case of Hatfield,
it could not be said that the admission of his
Counsel carried his admission as far as they could
go, inasmuch as a Coumel would never occupy a
larger field than necessary. The law said that
no man could be held responsible for his actions who was
non compos mentis, teat is, who was incapable of distin-
guishing light from wrong, and knew nut the consequences
of hi- actions. It would be desirable to think that no man
in his senses could be found wicked enough to lift Lis
hand against his Sovereign. It was extremely proba`le
that the Queen herself would be desirous that he should
be prevented from do.ng
;further mischief, but that he
should Lot suffer anything for having lifted his hand
But against her life. they were there to fulfil
a most impartial duty. Their would as former
i decisions had been, be quoted as authority, and therefore
' they must decide impar.ially upon the truth according to
their judgment, and pronounce their verdict without the
least regard to con:equerces. This Case was more die-
s tat than if there were dilect evidence as to insanity.
It was sought to be proved that there was a here-
dit ry taint of insanity in his family, and that his
et.nduct had been odd. That he was at the age at

wl:ich hereditary insanity developes itself_that di's:s
aline itself, and the papers found in the box, were
proof.; of insanity. With regard to the hereditary insa-
nity, there was no proof of the nature of the insani:y
st ;:ich rno t!raadl'atiir idh.rui-e;!, nod it would also be
k. ;heel to env whether tt.:rr: was any evidence to shoe:
that the t;randfather, although a man of very violent
ten, per, sufFrieg at all from inanity, or a per-
son who teal lest, or act likely to lose file wits, ,es-
ing he was never subjected to medical restra.nt,
and had been living for five or six years in Greenwich
Hospital, conducting himself with propriety all the time.
They would have to determine whether he was a person
really capable of transmitting insanity to his posterity.
With regard to the medical evidence which had been
offered, be could n ,t consider that, in a case of moral
insanity, a medical man was more capable of offering an
opinion than any other person who paid atten-
tion to the circumstances. The 'Jury were to
form their opinion themselves on the evidence before
them, and on the credit to be attached to the witnesses.
He must say he considered it a most dangerous doctrine to
as=ine the conna:ssion of crime as evidence of insanity,
and to make every atrocious and extraordinary v ickedness
its own excuse. Strictly speaking there never could be
any adequate motive to crime, and it would be most dan-
ger to assume that every person comx.iting a crime with.
out adequate motive was insane, and therefore not account-
able for his actions. With regard to the father it ap-
peat ed that he was a man of very violent passsions. Oec
of the children was born an idiot. They would consider
whether the evidence went to show that the father was
insane, and capable of transmitting his insanity, and
a nether the prisoner was insane, or only a mischievous
boy of violent disposition. Every sort of insanity, and
every mode of proving it must have reference to the object
to be proved. The object here was to show that at the
time of committing the act he was nut eb!e to distin-
guish right from wrong. The papers might be used
tidier side. If he really believed he was a member of
a secret society which had no existence, that was a degree
of delusion which might almost excuse a person labouring
under it from the consequences of any act. But there was
a great degree of cunning exhibited in the letters, and it
was impossible to say under what circumstances they were
written. If he committed the crime for the sake of noto-
riety he must be held responsible for the consequences of
his action. He left the case to the Jury, satisfied that they
would take all possible pains to ascertain the truth ; and,
having ascertained it, that they would pronounce such a
verdict as would give satisfaction to their own minds, and
he an example to future juries.
The Jury, who had declined to take any refreshment
before retiring to consider their verdict, returned into
Court at' a qualter after six o'clock with a verdict of
'4 Guilty of discharging the contents of two pistols at
her Majesty, but whether or not they were loaded with ball
we cannot decide, he being at that time labouring under
an unsound sta,e of mind."

Lord DENMAN—You acquit en the ground of insanity?
Tic ATTORNEY-GENERAL required, under the Act of
Parliament, that the Jury should find expressly whether
they acquitted the prisoner on the ground of insanity, as the
Act required that.
Mr. SYDNEY TAYLOR said here the offence had net been
proved, as the Jury Ebel not find that the pistols were
charged with bullets.
Lord DENMAN—Do you find that the pistols were
charged with bullets?
The Foreman—That has not been proved, my Lord.
Mr. BODKIN said that with respect to the words of tl.c
statute it only referred to cases where the other averments
were made out.

Lord DENMAN— It is possible that having found the pri-
soner insane, y,,u have not applied your minds to the par-
ticular point as to whether the p;stols were loaded with ball.
The Foreman—We have, my Lord.
Mr. SYDNEY TAYLOR— I say that in a Crown prosecu-
tion, where the Queen herself is concerned—
Mr. Baron ALDERSON—It matters not about a Crown
prosecution. IL is a most important point as to whether
lunatics arc to be left at large.
The ATTORNEY-GENERAL again urged the Court to put
it to the Jury, whether they were of opinion that the pri-
soner committed the offence or the act charged when
he was in a state of insanity. They found that he
had dit.eharged the contents of two pistols at her Ma-
jesty, and that was overt act sufficient ; he there-
fore applied to the Court that the Jury should say they
acquitted him.
Lord DENMAN—When you say that you do not think
the prisoner fired a pistol loaded with ball, do you mean
to say that the prisoner is not guilty ?
The Foreman—That is not our intention.
Lord DF:NMAN—You had batter retire to your room to
re-consider the point.
The Jury then retired fur a second time at twenty
minutes to seven o'clock.

During the absence of the Jury, a discussion took place
regarding the point of law.
The Jury again returned into Court, at twenty-five
minutes before eight o'clock, with a verdict of " Guilty;
being at the time insane."
M. Baron ALDERSON—Then you find him not guilty?
The Foreman—Yes.

Mr. Baron ALDERSON—Then the Court asks you was
he at the time insane.

The Foreman—Yes, my Lord.
The ATTORSEI-GENERAL then applied for an order
from the Court for keeping Edward Oxford in strict cus-
tody ur.1.1 Ler Majesty's pleasure should be known.
Lord DENNIAN—That is a matter of course.

The prisoner, who had scorned highly•amused at the dis-
cnFsion which took place on the first delivery of the verdict,
was then removed in custody, and the Court adjourned at
a quarter to eight o'clock.
On the bench we observed Count Nesselrode, Mr. Fox
Maule, it Henry Wheatley, the Lord Mayor, Sir George
Carrol, and Sir Robert Wilson.