The Sun.
London, England, 1850-07-11 00:00:00

PUNISHMENT OF DEATH.

Mr. E WART after presenting paiititions in favour of
the abolition of the punishment of death from
Liverpool, Brighton, Shrewsbury, Sunderland, Ohs
go Colchester, Edinburgh, King's Lynn, the
Liverpool Pace Society, and other p aces, praceed,d to
bring on his motion fur leave to abolish the
punishment of death. He said he tv:surcaty should
net :igein have brought forward that motion, if it a ere
not for the increasing conviction in his own mind of
the
.justice and expediency of the measure he advo-
cated, and unless he had been convinced that there was
an inert asieg public opinion on this subject, through-
out the country, and that that public opiiiion con-
t7nued to receive accessions from duy to day.
On harmer occasions this • questtun bad been
argued by figures, which had been triumphantly ap-
pealed to on both sides. He believed that on both sides of
this question it was a drawn battle; but he thought,
on the whole, the weight of statistics was on the side
of the abuli ionists, and that the mitigation of the
punisi:m. IA of death wherever it had taken place ha'
been attended not only without danger but also with
security to society. On this occasion he should
to be no statistical view of the subject. He should endea-
vour to show that the present system of retaining the pu-
isi- h went of death was inconsistent with that great object
of all punishment, namely, the certainty of punishment
which was laid do nn by Blackstuee us being the proper
principle of all punishment, and with which no punish-
ment could be said to be effectual for i:s object.
He believed it' any gentleman would consult the returns
Which were laid upon the table of the House he
would find many cases of murder in which prisoners
had been acquitted, not because juries entertained a
doubt of the crime, but a dread of the punishment. He
would refer to the case of Jaue Mitchell, tried at
Newcastle on the 20 k of February, 1849; :hat of Re-
becca Smith, tried at Devizes on the 9th of August, in
the same year; and Sarah hits, tried at the C- nue,
Criminal Court on the 10th of Junusry, 1850. In the
teas great cases the jury recomineudec: the prisoner
to mercy in cousiciaence of their antipathy to the
punishm n . In the last csse the aine feeling in-
duced .he jury to return a verdict of not guilty.
W nen we hive such cases of the law becoming powerless
tisrough its own severity, he thought the time was come
fir some inierference. They hal the tea imony of Jte,-
tices Coltman and Alderson that juries often save theii
verdicts in the tee•h of law and evident • in consequence
of their great disl.ke to the punishment ; ante
beyond this the prisoners were oftentimes more desirous
of being tried for murder rather than for a smaller otfaucc,
fa cause they had a feeling thct juries would acquit them.
They had the opinion of Chi,f Justice Wild, Justices
Wightenan and Colman, beeidss several members of the
Irish bar against the punis'imcnt of death.
If there was one thing on which he was more convinced
then another, it was the purity of the motives which
influenced the Right Hun. Gent.eman the Sccr: tary for
the Home Department, but it did hsppen that :he public
were very much perplexed to know for what
reason one criminal was reprieved by him anti
another criminal punished. He was at a loss to knot-
on what ground the Right
.Honouratde Gentleman
. .

would oppose the motion with h he now proposed.
On a former occasion the Right lion. Baronet supported
capital punishment ought on the ground of a certain
fii.ite kiss, which he supposed existed in the miLds of the
p-pulattou on the subject. That, however. was nut now
the case. Another opinion which he tortned way, that the
public were in favour of capital punishment, but if h,
were to call public rm wings all over the country, ant
take their opinion on the subject, he would find that they
e ere decidedly opposed to retaining this species o;
punishment. The lion. Member concluded by movinL:
for leave to bring in a Bill to abolish the punid.ru.ent II:
death.

Mr. HUME rose to scond the m•4ion, and was
(LEFT SPEAKING.)

SHERIFFS' COUItT.-('l'tilS
(Before Mr. Under-Sherifi :'!IIRCLIELL and at Sp. ciL.l
Jury.)

RAILWAY COLLISION.-PHILIPS P. THE LONDON AN

BLACKWALL RAILWAY COMPANY.

This was an scion bi-utignt to r: covei compensPtic
for injuries received by the plaint.ff 111 consequence, ,1
the negiffi;ente f the defendants' 6ervant:2.
Mr. BFAVAN stag-d the ca:e for the plaintiff, who
a commercial traveller, in the service ut Foster,
of Frid4-;treet. It appeared that on the 7th of No-
vember last, about five o'clock in the evening, th
plaintiff was c(lning up trout BlueltA ail to London by
railway, and when near the
,junction line at Bow, a c-,1-
112 ion took place through the negligence of the railway
officers, and the plaintiff and several other gentlemen
were severely injured.
Mr. CLARKSON, on behalf of the plaintiff, objected t •
any statement I eiov made as to archlent to others, to'
the company had settled with them.
IsEetvati ttets Idled witn, s,es, who proved the
aecioeot, and that the plaintiff had be, n laid up from ti.e.
7th November to the 31st. December, and wus still such
f.ont a thickening of the skin over one of his legs;
his ewri,es for medicine, &c, was 10/.
Mr. CLARKSON, for the defendants, said it had been
claimed on behalf of the plaintiff; that ho should b.
raid for his loss of time, but it had been :dated, and h.
would prove, that as to the loss of time. the plaintiff had
been pa:d 9.4 usual by the respectable firm by whom he
was employed.
Mr. nitice Hoare, one of the firm, was celled a d
proved this tact, and that they had paid another pets n
for doing his work.
Mr. BEAVAN replied, and contended that Messrs. Foster
and Co. enght to be reinaburs. d.
The Learned UNDER-SHERIFF said that it wa3 a
matter of difficulty to say what amount of da-
mages ought to be given for bodily pain and
injuries, but in such a case it ought to be taken
into consideration whether the injuries were caused by
wilfulness or wantonness, or whether by sheer accident.
The jury, after etir me., gave a verdict for 7ul.