The Sun.
London, England, 1847-12-28 00:00:00

°- trotting ''slllt.

LONDON. TUESDAY. DECEMBER 28, 1847.

A. frightful system of retaliation is threatened to
the Irish priesthood—a system of retaliation as
fiendish in audacity as it promises to be devillish in
rigour, and such as must, if not prevented by legal
interference, deluge the land with the blood of ad-
ditional assassinations. The nature of this extraor-
dinary scheme of revenge cannot be more fully ex-
plained than by literally transferring to our columns
the anonymous document in which it is announced.
The letter appears to have been posted in the capital
on the 15th instant, and was addressed to the Parish
Priest of Mountrath, Queen's County. It runs as
follows :

" Rev. Sir,—l am directed to inclose you a copy of
this resolution of a body of Protestants Resolved :
That since we perceive the Government so backward
in defending the lives of its present Protestant land-
lords, tenants, and clergymen, we do form ourselves
into a body, and swear by a crucified Christ, that for
the life of every Protestant landlord, tenant, or
clergyman, we will take the life of the parish priest
of that perish where the deed was committed ; and
this we swear to perform by the truth of the Gospel
throughout all the counties in Ireland, we being de-
termined to see what effect making a few parishes
vacant will have.' . _ _

" To Rev. Patrick Fitzpatrick, parish Mountrath.
" We would request you to make this known also
to your curate, Rev. John M'Mahon."
We should be guilty of a heinous injustice were
we to attach, even by insinuation, any portion of the
odium inseparable from this appalling missive to any
number of respectable men terming themselves Pro-
testants. The factious sentiments inspired by the
fanatical and incendiary doctrines of Orangeism—
passionate as they might be rendered by opposition—
could never by possibility generate anything 'so
hideous, so dastardly, so diabolical, so unutterably
andinexcusably monstrous as this. The de-
votees of Thuggee could not by the most inge-
nious device of barbarity imagine to themselves
a plan of vengeance more ruthless and execrable.
Even. the morbid imagination of the author of the
Alf Errata t and the itlysteres de Paris could hardly
have conceived a more dreadful projectw of retort—
the repartee of the blunderbuss hgn depicting
the infernal characters of " The Schoolmaster"
and
"The Strangler." FARINGIIEX seems tohayss
have taken
up his abode in Dublin ; the footprint of the
atic murderer is not only visible in highway, its
gory outline is becoming traceable upon the very
pavements of the metropolis. Landed proprietors, at
this rate, will not only be liable to fall at the snap of a
pistol while strolling through their avenues, but the
ministers of Christianity will totter upon the brink
of eternity while administering to their parishioners
the consolations of religion.
Satisfied as every one must feel that the document
above transcribed is the resolution of a gang of
i ruf-
fians rather than of " a body of Protestants," t is,
nevertheless, quite reasonable to believe that in the
present condition of Ireland the ghastly vision of a
few wretches, however ignoble and uninfluential, may
be realised—and that it may be realised indeed at
noonday and within a stone's throw of a provincial
barrack. Knowing this, must a communication of this
character be scorned as the effusion of an impotent and
fantastic sense of animosity ? Major ALuteN re-

ceived a warning as horrible and deadly, and very
soon afterwards he perished. Mr. LUCAS perished in
like manner in King's county; Mr. ROWE, in Tip-
perary ; Mr. HAZARD, in Fermanagh ; and the Rev.
Mr. LLOYD, in Roscommon—all of them having been
previously threatened by the scrawl of the hired mur-
derer. It is essential that the Executive should at
length interpose in these spectacles of deli-
berate bloodshed, and vindicate the outraged
majesty of the law while proclaiming the
unutterable sanctity of human life. It is es-
sential that deeds of such ineffable blackness
should no longer be allowed to desolate the island, and
to profane GoD's earth, that the innocent should be
sheltered under the segis of the constitution from the
weapons of an insensate and brutalised rabble. Far
from us be the intention to implicate in this detestable
transaction the mass of a still honest, religious, and
long-suffering peasantry. Far from us be the design
to picture Ireland as the abode of eight millions of
marauders and assassins. The constancy with
which the Irish labourers have borne for a pro •
longed series of years every possible deprivation and
every conceivable debasement, the patience with
which they have toiled for a subsistence the most
scanty and precarious, the obedience they have shown
to those laws which have chiefly aimed at their op-
pression, all appeal to our judgment for the most
favourable construction even to their most questionable
proceedings. The recollection of their past virtues
should induce us to attribute their connivance in the
escape of murderers to a sort of superstitious
terror rather than to a criminal complicity. While,
however, we regard the majority of this impoverished
multitude under the most lenient aspect, we would
to GOD that the voice of their dead Liberator could
again resound over the island he loved so much—
that voice upon which, as Mr. SHEIL has beautifully
exclaimed, a whole people hung in rapture, and a
senate in admiration—that voice which at first con-
jured, and at last cemmanded, the population of
Ireland to prove, under all circumstances, subor-
dinate to the law—that voice which perpe-
tually denounced the promoters of agrarian
outrage, and dedicated the names of the assassins
to the execration of Christendom ! Could O'CoNNELL
again be heard by the peasantry in whose cause he
struggled so grandly and so bravely during the lapse of
half a century, what words would not penetrate
to the most secluded corners of Tipperary and
Roscommon! If these men would only meditate
for an instant they would feel that the oratory of
O'CONNELL IS still audible, that his heart still speaks
to them from the page of history ! Let them but
reflect upon his many adjurations and denunciations
—his adjurations for the maintenance of public tran-
quillity, and his denunciations of murderers and their
accomplices—let them remember these things, and
prove themselves worthy of DANIEL O'CONNELL and
of Ireland as it used to be.

We refer our readers to a letter (which appears in
another column) addressed by Mr. Joux l'ExcavAL,
the Secretary of the Alleged Lunatic's Friend Society,
to Sir GEORGE GREY, for proof, if any further proof
were wanting, of the absolute necessity that exists
for an immediate reform of the present law of lunacy.
It appears that on the Bth December last Mr. OWEN,
a chemist, residing in Marchmont-street, Brunswick-
square, was forcibly seized in his own shop, by order
of his brother, handcuffed, forced into a cab, and
driven off to Mr. WARBURTON'S Lunatic Asylum, at
Bethnal-green. On his arrival there, the proper
medical certificates were shown to the proprie-
tors of the asylum, and although they could not,
during the whole period of his residence in that
asylum detect any symptoms of mental derangement
about him, yet they were bound to detain him upon
the order of his brother, backed by the certificates of
" two skilful persons" which his brother had pro-
cured, vouching for his insanity. In the meantime
his neighbours in Marchmont-street, who had long
known and respected him, and who were perfectly
convinced of his sanity, formed themselves into a
committee, employed a solicitor, who procured the
affidavits of eleven persons who had been long ac-
quainted with him, and who all swore as to their belief
of his sanity, and having laid those affidavits
before Mr. Justice ERLE, that Learned Judge
issued a writ of habeas corpus to bring the al!eged
lunatic before him, and after a solemn inquiry, or-
dered his liberation. Various questions naturally
suggest themselves in considering this very remark-
able case. First, who were the two exceedingly
" skilful persons," upon whose certificates a sane man
has been incarcerated in a lunatic asylum?
Secondly, how were those certificatas worded ?
Were they worded according to statute law
or to Denman-made law ? Did they state dis-
tinctly the grounds upon which " the skilful per-
son " had formed his opinion as to the sanity or in-
sanity of Mr. OWEN—or, taking, as an authority,
the judgment of Lord DENMAN in the case
of Mrs. SIIUTTLEWORTII, did each " skilful per-
son" content himself with giving it as his opinion
that Mr. OWEN was insane ; and, thirdly, in what
manner did these " skilful persons" answer the affi-
davits of the eleven on which the writ of habeas was
procured—what reasons did they give for the faith
which was in them—did they merely reiterate their
opinion, or
,did they shrink even from doing that?
Whatever course they may have adopted the result
shows that Mr. Justice ERLE thought they were
wrong (and Mr. Justice ERLE, as was proved in the
case of Mrs. SHUTTLEWORTII, is not a judge who
would decide against the opinion of " skil-
ful persons" without the strongest evidence),
and it is the duty of the Legislature to prevent the
possibility of the incarceration of sane persons in
lunatic asylums, by depriving " skilful persons" of a
power which is so liable to be abused, as is this power
of ordering imprisonment without preliminary in-
quiry. But it may be said that the visit of the Com-
missioners afford a sufficient safeguard. 'What
safeguard did they afford in this case? What was
the report made to them by the Messrs. WARBURTON
when Mr. OWEN was received into their estab-
lishment ? Was Mr. OWEN seen and examined
by the Commissioners during his residence
there ? If so, what was their report ? But
the Commissioners themselves prove that it is
physically impossible that they can afford that pro-
tection to the inmates of lunatic asylums which the
law supposes them to afford, and that the whole sys-
tem of inspection is " a mockery, a delusion, and a
snare." On the 15th of the present month the Com-
missioners presented their half-yearly report to the
Lord Chancellor, and from that it appears that Dr.
TURNER visited 167 asylums, saw 8,270 patients, and
travelled 3,877 miles ; and Mr. W. G. CAMPBELL
visited 165 asylums, saw 9,939 patients, and travelled
2,798 miles, during the six months ending August 4,
1847. After such a statement as this, is it not evi-
dent that the visits of these Inspecting Commissioners
to asylums must be a mere show. It is physically
impossible that they can devote the time to each case
which is necessary for its due investigation, and we caa
readily believe the statement that on one of the inmates
of an asylum announcing his intention to make com-
plaints, he was told that the Commissioners were
much pressed for time, and begged to postpone his
statements to another opportunity, such postponement
being tantamount to a sentence of six months' additional
imprisonment inflicted upon the unfortunate complain-
ant through the laches of the Commissioners. The more
the subject is considered, the more obvious will beconie
the necessity for the institution of some public prelimi-
nary investigation into the case of everyperson accused
, of insanity before his or her incarceration in an asylum
The Alleged Lunatics' Friend Society seem inclined
to recommend an investigation before a magistrate and
a clergyman as a substitute for the present certifi•
cate system. We cannot agree with them on this
point. This plan, after all, is merely the substitu-
tion of two men for two men—of, in many instances,
the country squire and the country curate for the
country physician and the country apothecary—a sub-
stitution not in all cases desirable, as any one who
has witnessed that tragi-comedy miscalled the
administration of justice at country quarter-
sessions must be perfectly aware. This power
of ordering the incarceration of one of the QUEEN'S
subjects for an unlimited period is one so liable to
abuse that it ought not to be entrusted to any two
men whatever, and should only be exercised by a
sworn executive officer of the Crown, upon the verdict
of a jury, after a public examination of witnesses
upon oath in the presence of the alleged lunatic, who
by himself or his counsel should have the right of

subjecting such witnesses to cross-examination, and
of bringing forward other evidence to rebut their
testimony. Nothing short of this can be any
safeguard to the liberty of the subject.

We resume the consideration of the Mirfield mur-
der case. In order to test more fully the degree of
credit that should be given to REID'S statement, the
first inquiry will naturally be, whether there was any
powerful motive that could influence him to take upon
himself the undivided odium of the shocking affair,
and to shield his fellow-convict at his own expense.
Was M'CABE in any degree related to or connected
with him? Had they been old friends or acquaint-
ances ? Had they previously been associated in the
commission of crimes, even of an inferior degree ?
If any of these questions should be answered in the
affirmative, it might induce us to examine the con-
fession with greater doubt and suspicion, but it does
not appear that the prisoners were even ac-
quainted with each other before the fatal
day. MTANE, too, had on the former trial
borne his testimony against Rain, and had the jury
believed him, there must have been a conviction. It
would appear, therefore, as if under the circumstances
an abandoned and reprobate character, one who would
concoct and abide by a wilful falsehood in the last
hours of his existence, would rather seek to punish
the party who was willing to betray him, in order to
save himself. The evidence of the other witnesses
also proves that REID and M'CABE were not in com-
pany together a very short time before the butchery
of the unfortunate family. MARTHA. SHEARD proved
that REID had been at her father's house about
half•past) twelve o'clock, that he remained three or
four minutes, and then went down the footpath
leading to Mr. WRAITH'S, and that about twenty
minutes afterwards M'CABE came up, and went in
the same direction. The witnesses, &UTLEY and
HARRIET WEBSTER, also saw REID going alone to
the house. MORTON also proved that they were
separate, although he thought, that they were closer
to each other than the other witnesses supposed. We
can scarcely believe it possible that two persons,
strangers to each other, would within a few minutes
have mutually agreed upon the perpetration of so
frightful a murder on three of their fellow-
creatures without previous concert. Much weight
was deservedly attached to this point by
the Learned Judge who presided during the trial.
The only evidence that in any degree brought the
prisoners together was that of the little girl, MARY
HALLAS, who stated that about a quarter after one she
saw them standing together under the apple-tree,
which is not many yards from Mr. WRAITH'S front
door. Now, if the witness was perfectly correct, this
would not, at the very outside, do more than make
MTAnz responsible as an accessory after the fact.
But the girl might have been mistaken in the identity
of the parties, and the Learned Judge, in his charge
to the jury, stated that if the witness AMIN.-
NELL and the girl were both correct in
point of time, it could hardly be possible
for M'CABE to have been the man in company with
REID, as she described. ;There was no other evidence
of any importance against him. Judge PATTESON
felt that little reliance could be placed on the evidence
respecting the chemical experiments, and that that
relating to the garters was perfectly ridiculous. It
would therefore appear, from the strictest examina-
tion into every circumstance connected with the
case, that the matter detailed in REID'S confession is
not , only possible, but extremely probable ; that
there is not only a reasonable doubt, but that
the balance of evidence is in favour of M'CADE'S
innocence, at least of any previous knowledge, and
that therefore the royal prerogative should be exer-
cised in his favour.

It should not be forgotten either, that A/MAIM had
himself been examined on the former trial as a wit-
ness for the Crown ; and it is a matter of public
policy that persons coming forward as approvers
should not, at any subsequent period, be made respon-
sible for the offence, any particulars of which they
have detailed. Many of the most grievous offences
against society would remain wholly unpunished
but for the revelations that have been obtained from
accomplices. Unless it could be shown that the testi-
mony given by the party was wholly and entirely false ;
that he was himself the principal delinquent, and had
attempted to transfer the chief guilt from his own
shoulders to one of his less guilty companions, or to a
perfectly innocent man, he should never afterwards
be questioned for his share in the transaction. The
punishment of a criminal would be dearly purchased
if any suspicion was to be cast upon the public faith.
Nothing could warrant the execution or even trans-
portation of M'CAne, but his being a principal in the
murder, aiding and abetting in its commission ; and
were he even an accessory after the fact, his admis-
sion as QUEEN'S evidence should save him from any
penalty.
There is one other point connected with the case
which we put forward, not with the desire of shel-
tering a person who has acknowledged himself the
wilful murderer of three of his fellow-creatures
from the punishment due to his fearful transgression,
but that, as a matter of public policy, it is desirable
that if the law, which forbids a person to be brought
to trial a second time for the same offence, is erro
neous, it should be amended—but that if it is just
and proper, it should be adhered to, not merely
to the letter, but in its spirit and integrity•
Although no redeeming point could be urged on
behalf of REID, or in extenuation of his guilt, far
better even that he should escape his merited punish-
ment, than that the law should be unduly strained to
bring him within its meshes—a precedent that might
be followed under very different circumstances, the
most dangerous to be admitted in a free country.
As the law now stands, no man can be twice placed
in jeopardy for the same offence. If he should be a
second time brought to trial, he may plead " autrefois
acquit," or " auterefois convict ;" and such will be a
good answer to the charge. It has been decided (in
ItEx V. CLARKE, 1 B. and B. 473, and in
other cases), " that the true test by which
the question, whether such a plea is a sufficient
bar in any particular case, may be tried
is, whether the evidence necessay to support
the second indictment, would have been sufficient to

procure a legal conviction upon the first." Now, if
we examine the present case by this test, we shall
find that the same evidence was exactly ap-
plicable in both cases—that the prisoner could
not have been guilty of the one without having
also been guilty of the other and thus,
that although, according to the letter of the law, he
might be brought to trial for the second murder,
the doing so was contrary to its' spirit. It is said
" that strong cases make bad precedents ;" this
is peculiarly the case in the present instance. The
public indignation is so strongly excited against
the criminal, his punishment is so richly deserved,
that his escape from justice would be regretted; but
better that fifty such criminals should escape, than that
an example should be set which might be strained so
as to lead to the persecution of a person who has once
been declared " Not Guilty" by the unanimous ver-
dict of twelve of his countrymen.

Letter from Berne, of the 23d, state that the Neufcha-
tel Government had given bills on Paris for the 300,000
francs levied on the canton by the Vorort, and that
Colonel RILLIETT, commander of
.the Federal troops
occupying Friburg and the Valais, had established
his head-quarters at Vevay.
The Frankfort Gdzette states that the Austrian
Ambassador, in Switzerland, left Basle on the 20th,
for Neufchatel ; and that K 8018-LE..COMTE was on
the point of joining him there on the following day,
but was prevented from doing so by dispatches which
arrived from Paris.

A convention has been concluded between the
Austrian Government and the POPE, by which the
Austrians consent to withdraw their troops from the
city of Ferrara, but without abandoning or relin-
quishing their right to re-occupy it at any future
period when it might become desirable to them. The
Piedmontese Gazette, of the 23d instant, states that,
pursuant to this convention, two companies of Swiss
in the service of the POPE left Bologna on the 17th
for Ferrara, to replace the Austrian troops to be with-
drawn:

Letters from Lisbon of the 15th inst., state that the
elections are over, and had all terminated in favour of
the Cabral, party. At Lisbon the Septembristas,

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