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

HIGH TREASON

CRIMINAL co-Z.,T!IT.—(THIS DAY.)

OLD COURT.
(Befcre Lord DENMAN, Mr. Justice PATTESON, Mr.
Baron ALDERSON, nod the RECORDER.)
TRIAL OF OXFORD FOR SHOOTING AT

HER Al 30ESTY.
This morning being appointed for the trial of Edward
Oxford, for High Treason, the Court was crowded at
egr:y hour. No confusion, however, resulted from
the anxiety of persons to obtain admission, as the same
judicious arrangements were adopted which had been
found so efficacious in preventing inconvenience at the
trial of Courvoisier. Mr. Fox Malik arrived shortly
before nine o'clock, and took his seat upon the Bench,
which was soon after crowded by noblemen and gentle-
men. Several ladies were also present, but they were
not so numerous as at Courvoisier's trial, nor was the

Court altogether nearly so crammed as on that occasion.
The gallery was nearly unoccupied.
At a quarter to ten o'clock the Solicitor-General and
Mr. Wightman entered the Court, and took their seats,
at the counsels' table ; they were immediately followed
by the Attorney-General. Shortly afterwards Mr.
Sergeant Arabin, Sir' George Carroll, Mr. Aldermen
Gibbs, Mr. Alderman T. Wood, and Mr. Alderman
Thomson, took their seats on the Bench, and the pri-
soner, Edward Oxford, was placed at the bar. He
looked in excellent health, and cast a careless look
round the Court. He was respectably dressed, and his
appearance was that of a lad in a superior situation of
life. He attempted to assume an air of indifference,
and occasionally put on a forced smile ; but it was evi-
dent to those who watched him that he was suffering con-
siderably from agitation which he in vain attempted to
suppress.
At ten o'clock Lord Denman and Mr. Baron Al-
derson, and Mr. Justice Matteson, entered the Court,
aid took their seats upon the Bench ; they were fo I-

lowed by the Recorder.
The Lord Mayor and Sir M. Wood also took their
scats upon the bench before the proceedings commenced.
The Clerk of the Arraigns then read the indict-
ment, a copy of which has already been laid before our
readers. The prisoner, who looked down during the
time the indictment was read, pleaded not guilty in a
firm tone.
The following gentlemen were then sworn as the
Jury :
Job Palmer, Char!es Armsted,
Daniel Pritty, James Moore,
Richard H. May, Joseph Patrick,
John Moxtead, Joseph Miller,
Williem Potter, George W. Martin,
Samuel Mitchell, i Thomas John Peat.
No challenges were made either by the Counsel for
the Crown or by the prisoner.
The Attorney and Solicitor-General and Mr. Wight-
man appeared as counsel for the Crown, and Mr, Bad-
kin and Mr. Sidney Taylor for the prisoner.
The Clerk having again read the indictment to the
Jury,
The ATTORNEY-GENERAL rose, and said they were
now called upon to discharge a most important duty.
They were about to enter upon a most solemn investi-
gation ; that they would discharge their duties there could
be no doubt, for so perfect was the confidence felt in
this that no challenges had been made. The prisoner
stood charged with high treason, the highest crime
known to the law, and that in a manner the most aggra-
vated. By the Act of Edward 111-, it was enacted
that if any one should imagine the death of the Sove-
reign, and should commit any overt act to put his
wicked imaginings into effect, he was guilty of
treason. That had been the foundation of the
lew of treason ever since. In the 45 George
111. it was enacted, that in cases of high
treason when the life of the Sovereign was At-
tempted, the proceedings should be the same as in cases
of murder. This was merely to place the Sovereign's
life under the same protection as a subject's. In cases
of political treason the usual safeguards were necessary,
but where the life of the Sovereign had been attempted
the proceedings were to be the same as in murder. He
would have every opportunity of defending himself
Upon the prisoner's request the trial had been post-
poned, and Mr. S. Taylor would have an opportunity
of urging everything that could he urged ib the prisoner's
de'enee. There would be two questions for then; to con-
sider, first, whether, if the prisoner were accountable. ftriy
his actions, he was guilty of the charge ? and second,
whether at the time of committing the offence he was-
accountable for his actions. The burden of proof on
the first question would rest on the prosecution ; and
he had no doubt but that he should prove the prisoner
had been guilty of the act laid to his charge. The
prisoner was about 18 years of age, he was a native
of Birmingham, had been at school at Lambeth, and
had subsequently lived in different situations as a
barman—not a potboy—first with his aunt at Houns-
I low, and subsequently at a publican's in Oxford-
street, where he remained until April last, when he
removed to lodgings, in \Vest-square, Lambeth, where
ha remained until he made the attempt on the life
of his Sovereign. On the 4th of May he bought a
a pair of pistols for 2/., and a powder-flask of a man
named Hays, in Bleckfriars-read. He afterwards prac'
tised at a shooting gallery in the Strand, and at another
at the west-end of the town. On the Monday before
the attempt he went to a person named Grays, and pur-
chased some copper caps, ani asked where he could
purchase some bullets. On the Tuesday be was seen
with a loaded pistol, and refused to say what he was
.1 going to do with it, but said he had been firing at a
, target. On Wednesday 10th June the prisoner went
into the park, and saw Prince Albert returning from
Woolwich. Tne prisoner went to Constitution-hill,
and about six o'clock saw her Majesty and Prince
Albert leave the Palace in a low open carriage and
four, without attendants except outriders ; her Majesty
being seated on the left hand. The prisoner was
walking about near the iron rails on Constitution-
hill. He .turned round nodding, and as the car-
riage drew near he drew a pistol from his breast,
and discharged it at her Majesty. The providence of
. God averted the blow--the ball whizzed by without
doing injury. Her Majesty was then, in all probability,
ignorant that any attempt had been made on her life
Tae prisoner then looked round to see if he was watched'
' and he drew another pistol and aimed ; her Majesty
saw him, and stooped down. He discharged the pistol
without effect, and her Majesty drove on to relieve the
anxiety of her august mother. A parson named Lowe
rushed across, seized Oxford, and took the pistols fiom
him. Another person seizsd Lowe, thinking it was he
who had made the attempt, aad said, " You confounded
rascal how dare you attempt to shoot the Queen!"
Oxford said, "It was I." He was taken into custody,
and asked if the Queen was hurt ; and when told she
was not, he admitted that the ;pistols were loaded
with ball. On searching his lodgings his box was
found, and in it were a sword and scabbard, two pistol_
bags, a bullet-mould, a black crape, a razor, a fl
containing three ounces of powder, five leaden bullets,
and fourteen percus-ion caps marked 11, which he hod
brought from Grays'. There was lieewise found a
pocket-book containing papers. The prisoner admitted
that the box and its contents belonged to him, and that
he had intended to destroy the papers before he went
out. The first paper was headed " Rules and Regu-
lations of the Young England.' " (Thu Attorney-
General then read the rule:, from which it appeared
that the members were to be all armed, and swear
allegiance to the Society, and to wear a black crape
mask—that al: intelligence was to be instantly for-
warded to the Secretary—that when any member was
ordered abroad he was to take various disguises with
him—and the rules altogether were twelve in
number.) There was also a list of Members.
President Gowrie, Council Justinian, Hannibal, and
various other fictitious names, generals, captains, among
which was the name Oxonian; then came the marks
of distinction—general, three red bows, captain, two
red bows, &c. ; this was signed Smith, secretary. There
were also three letters addressed by Smith the secre-
tary to Oxford ; the first was dated May, 1839, and
told him he would be wanted to attend on 21st, and in
a P.S. added that he was not to ask any questions of
the boy ; the next was dated Nov. 14, and ad-
dressed to the prisoner at the Bat and Feathers, Gos-
well-street ; it stated that the society had been alarmed
by a knocking at the door, and had put on the masks,
drawn the swords, and prepared to burn the papers ;
the next was dated April 3, 1840, and recrested his
attendance on account of some important information
which had been received from Hanover. Now, if the
prisoner were accountable for his actions, could there be
any doubt of his guilt. The balls had not been found, but
he thought no one could entertain any doubt that they were
loaded with ball. There were marks on the wall, but
he imagined that the balls went over the wall, and did
not make the marks. Oxford was not a skilful shot,
and he had no doubt that the balls went over the wall.
But Oxford had bullets and bullet-moulds at his lodg-
ings ; he had been practising at a shooting gallery, and,
when asked at the time, he said they were loaded with
ball. He now came to the second question—and he
would at once admit that if it could be shown that the
prisoner was at the moment labouring under any de-
lusion, he was not accountable for his actions. Accord-
ing to the old law, a man guilty of an attempt upon the
life of his Sovereign could not set up the plea of in•
sanity. But that law was now happily altered.
But to give a prisoner the advantage of such a
plea, it must be shown that at the time of
committing the offence he was incapable of distinguish-
ing right from wrong. It was not sufficient to show
former eccentricities, for if at the time of committing- a
crime a persom was cognizant of what he was about to
do, he was guilty. In order to exonerate a person from
a criminal charge, it was necessary to prove a greater
degree of insanity than in civil proceedings. In criminal
cases it was necessary to show that the person was in-
sane at the time of committing the crime, and that his
insanity had relation to his crime. The Learned Gen-
tleman then quoted Lord Celte.,, Lord Hale, and variou,,
odic:- authorities, in support of his opinion he also
quoted the case of Arnold, who had been tried re:
shooting at Lord Onslow, in which the Judge had laid
it down that it was Pot sufficient for a man to be subject