The Sun.
London, England, 1846-02-06 00:00:00

CRIMINAL COURT.-(THIS DAY

OLD COURT.
ALLEGED MURDERS ON BOARD THE TORY.

(Before Mr. Justice WILLIAMS and Mr. Justice CRESWELL-

George Johnstone, late captain of the ship Tory, was
again placed at the bar this morning, charged with tie
wilful murder of Thomas Reason on the high seas.
Mr. Jxavis then rose to address the jury. He could as-
sure the jury that he rose on that day with undiminished
anxiety to address them on behalf of the prisoner at the bar.
At the same time that anxiety, he felt bound to say, did
not in any degree arise from any doubt of the efficiency of
the tribunal before which he pleaded. He trusted for their
indulgence, and he would require their indulgence the more
that it was a prerogative in that Court to allow his Learned
Friend, her Majesty's Attorney-General, to reply, but he
had yet the satisfaction of knowing that that prerogative
would be exercised in the fairest and most candid manner.
He besought the jury to dismiss from their minds any pre-
conceived opinions which might have been induced by the
circumstances as read in the public prints. The offence
charged was a most serious one, being that of wilful murder,
alleged to have been committed under the most painful cir-
cumstances. But that offence, by there very peculiar cir-
cumstances, might be mitigated to manslaughter. It was
not his purpose to enter into any lengthened inquiry as to
the mode in which the evidence of the witnesses was given,
but he might allude to the fact that discrepancies of the most
startling character existed, discrepancies which however he
would not bring prominently into the foreground, for he
agreed with his Learned Friend the Attorney-General that
allowances should be made for the excited feelings of
those who were actors in those transactions. What-
ever might be the nature of the offence committed,
the main, and indeed the sole question for the jury was,
whether, at the moment this offence was committed, the
prisoner was in the full possession of his senses—whether lie
committed that offence with malice aforethought, or whether
it did not rather arise from the mania under which he
laboured. In either case the alternative was a dreadful one
for the unfortunate man himself ; for if the verdict of the
jury brought him in guilty of the first crime, his life was
forfeited; and if the milder verdict were returned, the
scarcely less painful punishment of imprisonment for life
was the consequence. He would now crave their patience
while he endeavoured to review the character of the crew,
and the evidence which they had advanced in that Court.
And, in the first place, he could not help remarking that the
conduct of the crew was most unaccountable. Here was a
man, a single man, arming himself, placing himself in anta-
gonism with all on board, cutting and wounding, and even
proceeding to inflict death on some, and this during a time
when, according to their own evidence, he was under the
influence of drink, and yet no effort is made to place him in
confinement. The Lerrned Attorney-General had indeed en-
deavoured to shadow forth an excuse for them, but an
excuse that in his (Mr. Jervis's) opinion was a most
unsatisfactory one. Surely the better solution of the mystery
would be, that the men were aware that they had been guilty
of the mutiny which had been one of the exciting causes of
the evils which followed. Let it be remembered by the jury-
that the death of Rambert took place in September, and yet
it appeared that after that the ship was boarded by the
captain of an English vessel, who was allowed to depart
without any complaint being made against the prisoner.
Let it be remembered that when the ship was at Fayel no
complaint was wade to the consul there or to the harbour
matter. Could any other reason be advanced for this silence
excepting that which he (Mr. Jervis) had assigned? The
defence which he intended to make was, that at the moment
the prisoner committed this offence he was in a state of mind
rendering him incapable of distinguishing right from wrong.
Sundry causes might lead to this state of mind. He was
aware that some causes could not be urged in mitigation, as
for instance an inordinate attachment to drink, which, al-
though causing madness to such a degree that the mind was
incapable of understanding what the hand was effecting, yet
that in the eye of the law was no mitigation of the instance.
Madness they knew was divisible into twos classes, namely,
physical and moral madness, and here he could not do better
than read to them the opinion of a distinguished author on this
subject. He referred to Ray's " Treatise on Medical Jurispru-
dence" the article insanity. The Learned Gentleman then quoted
the work in question, to show the marked difference between
madness brought on by physical causes, as idiotcy, &c., and
that caused by an exaltation of the mental faculties. He
also quoted the opinion of Dr. Connolly, and other eminent
authorities. These authorities appeared to point to the case

of this very prisoner, for they PIIY!
showed that fear would sFt
unhinge the mind as to produce madness. UnhaP_ol
was that these diseases which were thegreatest scourgesen...,
not always slow and progressive ; they came on sudd
and without warning. Each case had, however, its own Po'
culiar phases, and it was for the jury to use their own
judgment in the matter ; or, in the words of the greef.,d
Matthew Hale, " to see that they were not on the one ref
guilty of inhumanity to the prisoner,
that their judgment was not misled by tan But
due desire to exhibit mercy towards him' e
let them ever bear in mind that it was greatly better man
many guilty men should escape, than that one innocet..
should suffer. He was not prepared to bring forwar.o.. felt
evidence of persons learned in these causeE because
that now that the exciting causes which had to that
~1,01
or on the Leo.
sation of reason no longer existed in the prisoner's mind,
0111 e
recovered its natural equability. He would now go ov
y. 1.1
facts of the case as established by the evidence,with the
eF.
of testing the real circumstances which had led to before rho
of offences for which the unhappy man now stood lated
bar of that Court. The Learned Counsel then recaln-1:10,er
the leading circumstances, and contended that as the pler
had shown in his conduct before -the month of SePteerlneneo
strict propriety of demeanour, and an almost total ab t
from intoxicating liquors, his after conduct could
be accounted for by the fact that in that Ine!nd
reports had been brought to him of an intended mutiqa:ger
murder. Then it was that his personal danger, and the And
to the great trust reposed in him, drove him to Inade
who had
lie rushed upon the deck armed, pursued the men and
offended him around the shim loaded some with overboard.
caused another to commit self-destruction byleaping
After that period calmness again returned, for the e 1.11,;
causes had ceased to exist, and thus it was until t)n.eeiber
arrived at Fayal. Then voluntary communications ( r..,„ee
intended mutinies were made, and this again renewed lei"'
, der-
rememLrances, stirred up the feelings which had •_,Dilte•
mant, and changed the whole man into a raging "„ieved
Reason, who had, in his opinion, particularly agb,.;bbed.
c,,„
him, was called down to the cabin and S
O Slirtit,
with a bayonet, and when dead he called upon hial
again, to prove that he had not killed him. nd'issughed
prove his insanity beyond a doubt, he afterwards a.,,aor
aloud in the presence of his victim, stabbed the bed)" L'; the
times, and threatened to do to others as he had done to had
unfortunate man who lay before them. But referenbc:;,
been made to the false entries in the log-book. Thisig.
ceived to be but another proof of the prisoner's Inerblibiteu
stances were on record of extraordinary cunning tx jeer
by the insane, and he need only to rater to the ca sefeered
tioned by the celebrated Erskine. A madman had Pre or-
hills of indictment against certain persons, and his !tiIP
the
ante betokened every indication of sanity durincgted to
earlier stages of the trial. He was afterwards sultieben ,the
a long and rigid cross-examination, and it was onlY' Gee,
true chord was touched that he averred he wr—eArile'
Almighty. After instancing other cases in point, the -uh-e pfr
Counsel concluded by imploring the jury to give t-to the
-
soner the benefit of any doubt that might exist esi fat*
state of his mind at the time these melancholy el'
circumstances occurred. Pri/i
The ATTORNEY-GENERAL said, that although t
t° hetbe ob.
lege undoubtedly remained with him of replying deti
servations made by the Learned Counsel who defelL After
prisoner, yet it was one sparingly exercised, and ref
listening with very great attention to the remarks hots
Learned Friend, was satisfied to leave the case in the
of their Lordships and the jury. .„inetr
Mr. Justice WiLmaias, before entering with greet..,"a
ness into the evidence of the different witnesses, piw,
the state of the law as regarded exemption frolivelliv
punishment on the ground of insanity stood thus the per
exempted the mind where it was in that state that othil
son committing the offence was not aware the; It/I„eie.crerA
was committing, namely, the taking the life of a te_,''„,t; an
ture was a praiseworthy, an indifferent, or a criruirn--asioe;
in reference to insanity produced by habitual or °cc tad,
intoxication, he (Mr. Justice Williams) should eedtee
ibe
have directed the jury to find against a prisoner onc ed hi
latter circumstances—but where insanity was indu„, coo
habitual intoxication, where, in fact, the mind vi'Atui
pletely destroyed by a continued indulgence in sPhc",,Aot'
liquors, the law did not hold that such a person was
shine
able, and, therefore, not amenable to capital Pull-ther:
The question for the jury *as then to say whether f Os;
sonar at the bar was in a state of mind to be aware
he was doing off the Island of Ascension. Having Pre.seeea
thus much, he would now read the evidence, The 141-eroot,
Judge then commented upon the evieence of the joie
witnesses. Having recapitulated all the facts, the, nti tit°
Judge, in conclusion, said that it was not his in'e- ;sr:,
trespass on their time by any general remarks,
Which, to the best of his ability, he had anticipate ever,
opening of his charge. There was oue nature and
which he would revert—that was the nature `leciiv
the acts done by the party accused." Undoubte fact
violence and extravagance of those acts constituted, I, aft('
only a portion of the case, was but an ingredieets" stera
not the case itself, for if the atrocity of the.lbet CO'
to be taken as a proof of insanity, then persons nflg. to er
mit the most extravagant and violent deeds in oroe', wer°
cape the punishment which the law awarded. Thejer.7 their
aware of the deep responsibility which attached to
duties. If they entertained any doubt that the prison' tilea
not in a condition to understand what he was cicinteis6,
they would acquit him of the capital charge; but et to- J'',
they must find him guilty. He was not. about te„ do der
them as to those particular duties. They were, toile'
most fully aware of them ; but he knew of nothing o,ll'
the circumstances could guide them better than a.
_res"-fetber'
sideration of the evidence which had been adduced oe'e"
The jury then retired. our
On the re-entrance of the jury,
The Clerk of the Arraigns asked if they found the r-
all
Fore
Guilty, or n
oNet Guiltymaf the jury—? Guilty, being at the tine in a
of temporary insanity.
'At el ale
The Learned JUDGE explained that the jury re- 00
find him guilty of the capital charge, or acquit hn°
ground of insanity.
The jurymen, not comprehending this plain e-1.4051%
Were again requested to retire ; after a few minutes Lr,
in the most hopeless helplessness, and a vain endear 7,- vtir
O
the part of the Judge, to make them understand .' '
ciple of law, they eventually retired. ,°
The jurymen re-entered a second time with the felt,'ea°
verdict :—" Not Guilty, on the ground of insanity j°
committed the act." Pro'
. The ATTORNEY-GENERAL said that they would noteeed on any of the other counts. of tilt'
The prisoner, therefore, remains at the disy,'—
A
Queen, which is literally imprisonment for life.