The Sun.
London, England, 1840-07-09 00:00:00

EV ENING ED TION._

to occasional aberration of mind to exonerate him from
a criminal charge
gawier, who was tried before Mr.
; the well-known case of Lord Fersees
and the ease of a
Justice Le Nine for :.'iali".1011s1'"
shooting, in both of
which the same doctrine Lad been held. He would',
only allude to one other case, !ie which no doubt his,
Learned Friend Mr. S. Taylor world refer the case of
Hatfield. He would not refer to the case of Belling-.
ham, as some doubts had been entertains'd as to the
manner in which the trial had been conduc, ea': In the
case of Hatfield the plea of insanity was set ivy, and
~
it prevailed most properly ; but it was prove, '1
that
theprisonor had been wounded in the head in, to
tle, and free" that time became insane. He called bite salt
King George. It was proved that he had lost et
portion of brine, and that a person t hue affected miebet
at one moment b,. perfectly ratiored, and at enother
be subject to a paroxysm of insatiity. 110ti,1.1 had
bet n discharged from the army on „teem, tut insanity,
and had been confined as a lunatic. Just L'''t°re the'
act was committed, Hatfield had had a pareets.'m of
insanity ,and he was prayed to be insane down to .:he
time of the commission of the act. The Attorney-
General of that day at once acquiesced, as he hoped
every Attornev-General would do where such evidence
was produced, in consentin2 to an acquittal on the
ground of insanity. On that occasion Lod Et skine
who was at that time at the bar, and deiended the pri-
soner, admitted that iii criminal cases it was necessary
to require much stronger evidence as to lunacy than
in civil causes : and that it was necessary to show that
the criminal act was the immediate and unqualified
offspring of the disease under which the prisoner was at the
moment labouring. Having thus stated his tiew of the
law, he would leave it ,for the Jury to determine whether
Edward Oxford was insone at the time he committed
the crime. He himself, a,"d he believed time whole
country, would be rejoiced if tittle" could bring themselves
to think so. Here was a young aeld gentle woman, by
the side of her consort, trusting herse.'f in the hands of
her subjects, and at that moment the ossassin's hand
was d rected against her life, and it would be for the
credit of our common nature if the assassin could be
shown to be non compos mcntis* ; but, in the discharge
of his duty, he wr,s compelled to say that he did not
believe Edward Oxford was non compos mc.ntis at the
time he committed the act. His father ha..ing been
insane was no reason why the prisoner shout -I not bo
held accountable for his actions ; he had neve,- been
placed in confinement, and had been trusted in eonl:'den-
tial situations, in which he had performed his duty. It
must be proved that he was insane at the moment of
firing the pistols, but he did not believe there could be
shown such insanity as would be sufficient in e
civil case. If he had entered into a civil contract of
made a will on the morning of the 10th June, would those
documents have been invalid—would he have been in-
capacitated from the exercise of the elective franchise,
or of any office, on that day ? Suppose he had been
sent to a lunatic asylum on that morning, and had
brought an action for false imprisonment, what defence
could have been made to such action ? and if he could
nee have been lawfully confined, how could it be con-
tended that he was accountable for his actions ? Sup-
pose before a commission of lunacy he had conducted
himself as he had deoe before the Privy Council, he had
no hesitation in saying that such a commission could
not be supported. After having heard the evidence
against him at the Privy Council, and cross-examined
the witnesses, he said, " A great many witnesses against
me. Some say I fired with the right hand, and others
with the left ; they vary as to distance. Prince Albert
got up 83 if he would jump out of the carriage,
and then sat down again as if he thought better of it
—(Here the prisoner smiled)—and then I fired the se
con I pistol.' When asked to sign this, he did so, and that
document was of importance, not only as showing his
stag of mind but because that would have been the
time for him to have stated that the pistols were dot
loaded with bullets. He felt satisfied the Jury would do
their duty, and that the country would be satisfied with
the verdict.
Samuel Pecks—l was standing on the afternoon of
Jun: 10 by the column under the portico at Bucking'
ham Palace, and shortly before six I saw her Majesty
come out of the Palace. She was accompanied by
Prince Albert. They were in is low open carriage,
drawn by four horses. They turned up Constitution-
hill. I was on the left-hand side of the carriage-
There were four outriders, two in advance and two
behind. There were no other attendants, J. saw
the prisoner on the opposite side of the road ;
‘-'be was on the right side of the carriage, on the foot'
path, near the iron railings. 1 was on the opposite side
of the road. He was walking along slowly, with his
arms folded over his breast. He was in advance of the
carriage. The carriage moved on. The prisoner gave
a nod with his head in the direction of the carriage. He
was then about ten or twelve yards from the ferriage'
which was moving towards him. The moment the car'
siege passed, the prisoner drew a pistol from hts left
breast, presented it at her Majesty, and fired. 1 We*
just behind the carriage, within a foot of it. Oxford
was about five or six yards on the right of the carriage
when he discharged the pistol. I heard the report of
the pistol, and a distinct whizzing or buzzing betvreed
nay face and the carriage. The moment the pri'
Boner had fired the first pistol, he turned himself
round, as to see if any one were behind hinl'
he drew the second pistol with his left hand from hie
right breast, andepresented it across the one he held in
his right hand, and fired, both times taking deliberate
aims. The carriage was advanced three or four yards
from the spot where he fired the first, and when he
fired the second pistol he held the second pistol is hi:
left hind. The two witnesses, named Lowe, ran all
seized hold of the prisoner. The Lowes were behind
me ; Albert Lowe was seized by mistake by Claytoe'
Joshua Lowe seized Oxford, and Albert Lowe wrenched
the pistols from him. Clayton came behind Albert
Lowe, and said, " You confounded scoundrel !" and
wrenched one of the pistols from him ; upon which the
prisoner said, "It was me ; I did it." The carriage
proceeded. Wa took the prisoner along the road, and
delivered him into the hands of two policemen. bay'
,
self', the two Lowes, and Clayton took him. We found
a policeman at alsout thirty yards.
Cross-Examined.—The footpath was on a level with
the centre of the road. It may be a few inches higher
than the side ; there is a gutter by the side.
By the COURT.—Her Majesty Was sitting above the
line of the carriage ; the back of' the carriage came to
about the centre of her Majesty's back, so that the tops
of my head would be about upon a level pith the toe e`
the back of the carriage as I was standing by ie..
Joshua Lowe—Examined by Sir F. Poet.ocgoei
heel in Copthall Court, and am a spectacle-maker.
was in the Park on the evening of 10th June last, an'
saw her Majesty and Prince Albert in her carriage'
Her Majesty was sitting on the left side ; as I was
running on the left side of the carriage I heard the
report of fire-arms ; I was three yards from the COr'
rirge at the time ; I saw the smoke ascend ; . the
carriage passed a short distance, and I saw the
prisoner with a pistol in his right hand ; be
looked round and pointed a second pistol across hie
right hand. He fired it towards the carriage. 11,e
held it shrift an instant in that direction before he fires'.
My nephew was with me. I immediately ran across and
seized the piisousa, And my nephew seized the pist&s•
Some one came up en,4 took a pistol out of his hand,
the pistol." I had got hold et.
and collared him, and priso,:er said, "It is me—l fired
the prisoner when he said
this. Going along the road I said to my nel'hevc'
" Look out, Albert, I dare say he i.,is some friends::
Ptisoner turned round and said, " You are right, I
have." I kept hold of hint until he was: taken to the
station-house. I never let go of him.
Cross-examined by Mr. Bodkin—The carriage lu'd
got about 150 yards up Constitution Hill a hen an: oe'
turned. It was going slew. I had seen her Majea
when the carriage had left the Palace, and followed it
for the purpose of seeing her again. There was 3
general rush. I was on the left-hand side. The garden
wall of the Palace is on that sill,;. Ido not know the
exact height of the wall. There is a footpaths on the
carriage
u7oiux t
other side of the road. The prisoner was standing °ll
it. It is about
about inches above o
etfhethreoardo.a
road
helQ,l3eueepnri. t
s
w ,
sener was about three yards from the carriage when
saw the smoke. The carriage was quite open, and
from
going slow. The distance might be shortened thre,e;
qluualrrtt
muzzleee of the pistol
quarters o'f a yard
tlle
carriage. by stretchingwo u H
ld
be e
aboutowuat s hai sbt
about
urotm
yards
as
ro,
ad
rts
dh
andafe
from
l'a;
the railings of the Green Park. The nearest c nearest gate by
which any entry could be m tele into the Green Park
was 150 yards from the spot
in question. The railing
is open, so as to have afforded an opportunity for any
person to have fired from the park side of the rails if
they had chosen. I did not see the last witness until
after the occurrence. I was running slowly when I
heard the first report. I had hold of the prisoner when
my neph, w was seized. Prisoner seemed anxious it should
be knoen that he it was who had done it. I never saw
any persons in the prisoner's company during this time-
By the COURT—At the time of the last firing the car'A
riAge was about eight yards in advance of him, and be fire'
up the road
carriage at. the time.
Albert Lowe cross-examined by Mr. Anoerires--I IT
nephew of the last witness, and was with him on CO"st'l
tution.hill on the 10th June last. (This witness then
corrolo-ated the evidence of his uncle). When I took
the pistols from the prisoner a man canto up and said—
'• You confouttcled rascal, it was you," and took (no of the
pistols f.om me ; the prisoner said It was me that did it.
I delivered one of the pistols to the police. When pri-
soner fired the last pistol he was about five yards from the
carriage.
Elizabeth Stokely examined by Mr. Werniesreet-1 an'
the housekeeper to Lord Bexley. I was on Constitution-
hill on the 10th of June, going from the Palace en the
side next the wall. I saw the Queen's carriarre, and turned
round and saw the prisoner walking about en the opposite
side of the road, with i his arms folded. I saw him draw
hisband front his breast, pre,ent a pistol, and fire. I saw
tat chan;:c his hands, and immediately present a second
pistol, and fire. He presented the pistol immediately
opposite where the Quern was Sitiing. Tt.e Queen
r..tl.er erou4lteti, imd ',..._e flair .`t the pistol e.,tL:o aii:uost
i.ernediaa o. (ea.,' the Queen'shead. I think the Queen
rose, and Prince Albert pressed her down not to rise, and
the second flash came over her head, close past me as I
stood, and something whizzed past my ear. I was close

"je stand • Acen's carriage at the time; as close as I could
1'414. within a verd of it. The prisoner dropped his
, :and stood. He was surrounded, and I saw no more
• - aim.
By the CoUltT—Hc fired the second pistol across the
road, or rather behind,
Cross-examined by Mr. SIDNEY TAYLOR.—When I
turned round I se:v the prisoner drawing out the first
pistol. When he fired the secerid pistol he might be about
two yards in the rear of the carriage. The second pistol
was printed across towards file wall. There are several.
trees about there.
Re. examined by Mr. Wiens' me N. —The fiish of the
pistol erne over the head of the ce;;lttge ; the whizzing
was near my night car.
.e7,,lesaten—Earanfned be the ATTORNEY-GENE-
RAL. —1
tnbin,t- atal,er at Prince's-street, Leicester-
mu ire.
was Censtitutien hill on the evening of
1641' .Ite last, about 200 Nards from the marble entrance
to re
r.'slace un the garden side. I head a pistol fire
• Ina? about twenty-five yads from the carriage; the cats
liar,e was nearer the palace ban. I wss ; I was its company
`W.th my brother. I crossed the road, aura while runtime
• down when I came abreast of the horses I heard a semen('
report. I ran on; the carriage stripped, and her Mejesty
a, ose and Linked round ; I passed it and ran to the tire
where I saw the smoke. 1 saw two persons, the eac with
his back to the railings on the Park sate. A tamale pointed
and said to me, that is the man that did it ; I judged it to
be Albert Lowe. I said, .4 You confounded rascal,
how dare you shoot et our Queen ?" Oxford, the prisoner
at the bar, said, " I did it ; I give eieelt up ; go
quietly." He was theta, taken -inte Custody. The mob
rushed in and seized me, /It'd knocked the pistol out of
Tay hand. I was seized, and kicked and torn, and was
taken into custcdy. The police took me to the station-
house. I saw the prirener there. I was locked up and
searched previously , I saw Oxford in the Inspector's
office. I asked fee- a draught of cold water, and prisoner
said be should 'eke a draught also. He turned round and
0 Is t`,le, Queen hurt ?" I said to him, 4. What did
you put 'in the barrels ?" He said, " There have been a
dnzeP, persons asking mc questions, and I shall answer no
Mere." There was a pistol on the table; and I wiped
?powder out of the muzzle of it. I had previously wiped
powder out of the pistol I had taken from Albert Lowe,
and had marked it. I picked it up after the mob had
knocked it out of my hand, I never lost sight of it until
I had marked it. Lowe and Oxford both had hold of it
at the time I wrenched it frors them.—( The pistol was
hero produced and Hentified by the witness.)
By the COVET—It was fifteen or eighteen yards from
*here the carriage stopped that I saw the prisoner and
Albeit Lowe. The second pistol must have been fired at
a distance of eight or ten yards from the carriage.
(This witness gave his testimony in a most eccentric
meaner, which frequently elicited bursts cf laughter.)
Charles Brown—l am a policeman, and was on duty at
Buckingham Palace on June 10th. I was standing on r).ie
steps, at the se teh wing when her Majesty's carriage -1.„,,,„(1.
I Iseard a shot fired, and went towards the where the
'sound proceeded from. I heard a second sho, and met a
gentleman on horseback, who spoke re mc, and afterwards
a mob of people having held of the prisoner at the bar.
The Lowcs Lad hold of him. Several voices said " This
is the man." I laid held of him. The prisoner said,
" There is no occasi.en tr use violence ; lam the man ;
I'll go quietly." I y.oceeded with him to the station-
house. Some ore remarked there might be more of them,
and the. prisoura said, " I have friends." Police constable
came bp. Wepassed by the Wellington barracks, and
!!,.larle doing so some one said I wonder if there was any ball in
.he pistol, and prisoner said, if the belt had come in contact
"with your head between the carriage you would h Ise
known it. I searched him, and found in his pockeis a key,
ji knife, and Its. 61 in silver. In his Iron sers-pocket
I found a piece of wadding. I found the mark of the cap
on Or.e aide and the hammer en the other. I asked him
"o".at it was for ? He said it was to prevent the pistol
4oing off, as he did not wish to hurt himself. Ile also
*aid—lt I was to go up where it had ocete red I should
Ind the other piece of wadding. While we were in the
Inspector's room different gentlemen asked if
..tieee were
ever any hails in the pistols. The prisoner sa'.d there were
balls in the pistols. I searched next day in. the warden, but
found no balls.
Cross-exatnined by Mr. S. Teveols—Various persons
!acre in the room when the questieees were asked. The
tlaaeetor asked the prisoner his name. I think he asked
m ,i'ocsut the pistols, but not about b ills being in them.
t'.e prisoner said the pistols were loaded weh ball. I
Tell' not swear positively to the ex sea words. The garden
balls in the garden. I searched-outside the wall about two
hours after the time. I ~,opped a quarter of an hour. A
sergeant of police and ',thus were searching. We searched
with our hands and swept up the dust. While I was there
n° ball was round. The dust was brought to the Palace
to be sifte'", 'I was not examined before the Privy Council
By 11"ot:el.—There were ten or twelve people in the
room when the prisoner said the pistols were loaded with
bait .