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

fourtblibition

SUN OFFICE, Seven o' Clock.

THE ASSAULT ON THE
QUEEN,

CRIMINAL COURT.-(THIS DAY.

OLD COURT.

(Before Mr. Baron ALDERSON, Mr. Justice PATTESON,
and Mr. Justice TALEOURD.)

Some time before the opening of the court the doors
and entrances were besieged by crowds of well-dressed
people, who were anxious to be present at the trial of
the man Pate for assaulting her Majesty, but no one was
admitted without an order from the Under-Sheriffs, and
the court was at no time over-filled. There was an un-
usually large attendance cf gentlemen of the long robe,
while on the bench and in other convenient parts of the
court a numerous bevy of fashionably-attired ladies were
accommodated with seats. Their Lordships arrived a
few minutes after ten o'clock, and the prisoner was im-
mediately placed in the dock. There was nothing new
in his appearance to call for remark. Ile was dressed, as
before, in a blue sot Jut buttoned up to the neck, and
seemed to be but little concerned at the situstiou he
found himself in. He stood fiim and erect, with his
hands behind him, and his whole demeanour
and bearing was than of a military man.
He was described in the calendar as " Robert Pate,
aged 30, gentleman," and the charge against him was
thus stated—" Unlawfully and with a stick striking the
person of our Lady the Queen, with intent to injure
our said Lady the Queen." Upon 1-eing called
upon in the usual form, he pleaded "Not guilty" in a firm
voice.

The Attorney-General, the Solicitor-General, Mr.
Welsby, Mr. Bodkin, and Mr. Clerk appeared for the
prosecution; and Mr. Cockburn, qu., with whom was
Mr. Huddlestone, defended the prisoner.
The ATTORNEY-GENERAL opened the case, and he
commenced by stating that it was always painful to him
to appear in that court as a public prosecutor, but it was
with increased pain that he appeared to prosecute in
the present instance. The prisoner at the bar, who had
hitherto moved in a high sphere, aad passed as a gen-
tleman, wus charged with having assaulted our most
gracious Maj t-ty the Queer, and alihotigh such an of-
ferce was calculated to excite) disgust and abhorrence
in the minds of all loyal and well-disposed persons,
it was his duty to warn them not to attach any
weight to anything they might have hitherto heard
in connexion wits this case prejudicial to the prisoner
or otherwise, End to try the case in a dispassionate tem-
per, and deQide according to the evidence that would be
placed before them. ,They must dispose of this case as
if they were dealing with an ordinary transaction, and
acquit or convict thu prisoner according to the testimony
of the witnesses. The prisoner v.as the son of a gentle-
man of independent fortune, who had filled the office of
high-sheriff of his ccuety, and formerly held a cemmis-
sion in her 111a]est)'s 10th IlussArF, but he retired from
tt:e regiment some time ago, and had since been living
in retirement. The LearLel Attorney-General
then proceeded to relate the facts of the case
as they were afterward disclosed in evidence,
and then wort on to tell the jury that it
was not his province t, speculate upon wh,t could
hare been the motives of the prisoner. He understood,
however, that it was intended to set up a plea of insanity,
but before the jury gave credence to that plea they mu!t,
be satisfied that it was true beyond all possibility of
doubt.

Colonel Grey wes the first witness cant d. He was
examined by the FOLICITOR. GENERAL. I EMI Equerry-in-
Waiting to her Majesty, and I remember attending on
her Mjesty on Thursday, the 27th or June. Her Ma-
jesty left Buckingham Palate in an open barouche' about
6 o'clock. She was driven up Constitution hill and
down Piccadilly to Cambridge House. Her Majesty
alighted there and remained till half-past six. On leav-
ing Camb,idge House I saw the sergeant-footman of
ber Majesty seize the prisoner by the collar and drag
him behind the rumble. The police shortly afterwards got
hold of him, and sceirg that be was secured, the car-
riage was driven on to Buckingham Palace. Sir James
Clark was then sent fur, and her Majesty's eye-brow
war. bandaged. I saw blood flowing from it.
Mr. Robert Renwick, ber Majesty's sergeant-footman,
was in attendance upon her Majesty on the 27th of June
last, while she was leaving Cambridge House. He saw
the prisoner strike her Majesty across the forehead, and
immediately seized him by the collar. Immediately af-
terwards the police came up, and the prisoner was given
into their custody.
James Silver, 8 A, of the Metropolitan Police, stated
that he arrested the prisoner, who had a stick with him,
which he now produced. He protected the prisoner
from the violence of the mob, and conveyed him to the
Vine-street station, where the prisoner was searched.
The prisoner stated that his name a as Robert Pate, that
be resided at '27, Duke street, St. James's, and that he
was formerly a lieutenant in the loth Hussars. Ile
cautioned some men who were describing the assault at
this time, and said they did not know whether he hit
her Majesty's f,rehead or her bonnet, adding that it was
a slight blow with a slight stick.
Cross-examined by Mr. COCKBURN-11a gave his
right address.
Samuel Coling examined by Mr. CLERIC—I am a
bookseller, residing in Fetter-lane. 1 remember being
at Cambridge House en Thursday evening, the 27th cf
June, waiting for her Majesty to come out. The pri
soner stood by me, and as the carriage came out, which
stopped for a moment at the gate, thu prisoner struck at
her Majesty with a :t'clr.

By the COURT-It was on the Hyde-park side. The
blow appeared to me to fall partly on the bonnet and
partly on the face. It was not a violent blow, though it
was hard. He did not strike with all his force.
Examination continued—From the attitude of the
prisoner, it is my impression that the blow
was aimed so as to fall upon the face of her Ma-
jesty. I was the first person to seize the prisoner. I
observed three children in the carriage with her Majesty.
Cross-examined—There were between 200 and 300
persons present at the time. They were all round us
except in front.
Sir James Clark examined by the ATTORNEY-GENE-
RAL-I am physician to her Majesty. I was sent for to
her Majesty on Thursday evening, the 27th of June,
and I reached Buckingham Palace between eight and
nine o'clock. I examined a Majesty's face and found a
tumour on the right angle of her Majesty's brow, and a
small cut. The bleeding had stopped. The wound
might have been inflicted by the stick produced, but I
was surprised to find that so severe a wound could
have been inflicted by so slight a stick.
Cross-examined—l assume that the blow was struck
at the bonnet which was an elastic one.
This was the case for the prosecution.

Mr. COCKBURN then proceeded to address the jury
fur the defence. He said he could not dispute the fict
that the prisoner had been guilty of the act imputed to
him, and certainly, if the prisoner had been responsible
for what be did, it was an act meriting the severest
punishment, but his Learned Friend had rightly con-
jectured that the act would be excused on the ground of
insanity. Now let the jury look at the act
iteeF. Here was a gentleman, living in a comfort-
able station of life, lifting his hand against a
Sovereign, who was not only respected for her
position, but beloved and revert need far her good-
ness and virtues, in the presence of a laxly of people
whose feelings he must have known would be so out-
raged by the act that they would immediately take
summary vengeance upon its perpetrator. But it was
not in the folly of the act itselt that they must lo( .k for
evidence of insanity. They must go beyond that, and
ascertain whether or no there was anything in the pre-
vious conduct of the man who had committed such an
act to justify a belief that at times he was not respon-
sible for his actions. New, the prisoner had been rightly
described as the son of a gentlemen of fortune, who re-
sided in Cambridgeshire. In 1841 he joined the 10th
Hussars in Ireland, and up to a particular period.
which he should presently refer to, he performed ati
the duties of an officer to the satisfaction of hi 4 supe-
riors. He was very much attached to animals, and had
two favourite horses and a dog. The dog, while suffer-
ing from an attack of hydrophobia, bit the two horses,
and eventually they died in a state of :rightful madness.
This circumstance so affected his mind that he became
gloomy and strange in his manner. His father, how-
ever, having heard of the loss, sent him over to Dublin
a very valuable horse; but before it reached there the,
prisoner, without saying anything to his groom or ser-
vants, quitted Dublin and came over to London, where
be was met by some of his friends. His manner ap-
peared to them so wild and extravagant that they per-
suaded him to go down to his father's house, where he
became still more outrageous in his behaviour. He
declared to b is father that the reason he
bad left Dublin was that the cooks and mess
of his regiment had entered into a conspiracy
to poison him. His friends, however, succeeded in dis-
abusing his mind of this ['elusion, and he returned to
Dublin, but he had not been there long before he sent
word to his father that his inside was filled with brick-
bats. His father immediately repaired to Dublin, and
consulted Dr. Murray, the surgeon of the regiment, upon
the state of his son's health. The general impression
then was that he was harmless and light-headed, no-
thing more, and his father allowed him to remain in
Dublin. Shortly afterwards the prisoner again came to
London, and, without communicating with his father or
his friends, he sold his commission, and went to live in
German-street. Here his habits were of the most re-
gular character; he always dressed the same both in
winter and summer, kept regular hours, and, strange
to say, for fifteen months, at four o'clock in the day,
no matter what the weather was, wet or dry, he
went in the same cab, which was a Hansom, to Putney-
common, where be would remain for an hour at a small
pound without any apparent purpose. His conduct in
the cab was always violent and strange. After this he
went to live in Duke-street, where his conduct was
equally preposterous and silly, while his mode of con-
ducting himself in the street, and the manner in which
he threw bis arms about was so utterly at variance with
the practice of a sane man, that the police had long
kept a watch over him. Now, if all these facts were
proved to the satisfaction of the jury, could they have
any doubt about the prisoner's state of mind? Suppose
a commission of lunacy had been taken cut against the
prisoner,
and these facts were adduced as evidence in sup-
port of it, could they hesitate what would have been
the result of such an inquiry? The very act itself, in
the circumstances of the prisoner, was that of a madman;
it was without motive. The prisoner was not in want—
on the contrary, he was the son of a wealthy man and
in a state of affluence. Political motives wore out of
the question; he had no political grievance to complain
of, nor had he auffered any individual wrong, done in a

state of things which could induce him to revenge it on
so amiable a personage as her Most Gracious Majesty.
Why, the very act itself had almost subjected him to the
vengeance of an infuriated multitude, naturally outraged
by so dastardly an act. Looking at all thee things,
then, coupled with the antecedents connected with the
prisoner, who could hesitate that this strange act was
the result of some momentary impulse of a disordered
mind? He would lay facts hawse them, and then it
would be for the jury to decide whether or no they
satisfactorily made out the plea of insanity.
The prisoner remained unmoved during the address
of his Learned Counsel; indeed, he appeared to pay no
attention to it, but devoted his attention to scrutinising
the people in court.
Colonel John Bandeley examined by Mr. HODDLE-
STONE—I was Lieutenant-Colonel of the 10th Husears
at the time prisoner joined that regiment in 1841. He
joined as cornet; he afterwards became lieutenant; he
was in the regiment till March, 1846. When the pri-
soner joined the regiment was in England. In 1844, a
portion of the regiment was at Clare, and at Clonmel.
The very first day the prisoner joined there was some-
thing strange about him; his hair, for instance, was cut
very short, indicating a belief that his head had beer.
shaved. As an officer he discharged his duties to my
etni.sfecdon, and he was very much liked by his brother
officers and the regiment. He was always mild and
eectlemanly in his behaviour. After an accident oc-
curred to his horses, I noticed a change in his conduct.
The prisoner was of a very sensitive dtspcsition, and he
felt hurt as his father had made a claim upon his brother
officer for the loss of his horses, whose death were occa-
!ioned by the bite of a brother efficer's di fir.
The dog belonged to Major Wallington. He never
after that period took much interest in his profession,
but continually took long walks in the wild districts.
On one occasion he complained to me of being unwell.
and could get no relief from the medical officer of the
regiment. I asked him what was the matter with him.
and he said his bowels were full of bricks, and the doctor
had not the skill to remove them. He was constantly on
the sick list after this. On another occasion I sent aim
with a detachment from Newbridge to Dublin, with or-
ders to return on the following day. He, however, did
not return, and I understood that he went to England.
This was an offence of a serious character, and I telt i.
to be my duty to communicate with the Adjutant-
General on the s&-.ject. He returned to the regiment
in about nine or ten days, when he appeared
very wild, and could give no account of himeelf. I,
therefore, felt it to he my duty to make a representation
to his Sather on the subject of his sanity. Two months
after he left the regiment.
Cross examined by the ATTORNEY-GENERAL—On his
return he told me that he had been in England, and he
was put under arrest. He did not remain in arrest
he loft the service. After he was discharged from ar-
rest he continued to do his duty es btfore.
Re-examined—From his general conduct I should
decidedly say his mind was affect, d.
By the COURT—My opinion of his state of mind was
such, that, had I been General, I should hate requireo
him to sell out.
Captain Frith examined by Mr. COCKBURN—I arn
paymaster of the 14th Light Dragoons. I was fora erly
in the lath Hussars. I joined that regiment about
twelve months after the prisoner. I was very intimate
with him, and I know he was very much liked. After
the loss of his horses I observed a gr: at charge in his
manner. It excited general remark in the regim, ne
He of.en absented himeelf from the mess, and on one
occasion he complained to him of the messman and the
cock. Ile said he was afteid they had conspired to
poison him. He made the complaint seriously.
By the Cour.T—l understood gun to mean that puisnr:
ou:d be mixed with the dishes ter the purpose of de-
stroying him, and I pointed out to him th it such a pro-
ceeding would kill other persons as well as him.
Examination continued—l frequently heard him com-
plain that his inside was filled with 'stones and bricks.
At this time he was wild and excited in his manner,
without any apparent cause, and my opinion was that
his mind was unpaired owing to the loss of his horses.
When the prisoner left the regiment he made a present
of his accoutrements to the edjuttnt, which was rather
unusual. Oa the evening of the assault I met the pri-
soner mid way between Duke-street and Canibraige
Home. He appeared very much excited, and was
throwing his arms about in a peculiar manner. He al
ways carried a stick with him. The e was always
something peculiar in his gait, but I never saw him so
excited as on this occasion, which camed me and a
friend to make remarks about him.
Cross examined by the ATTORNEY-GENERAL—J.Iu
recognised me in a very eccentric and wild manner.
His gait was always exaggerated and strange, so much
so that the people turned round in the streets to luck
after him.
Sir Thomas Munro examined by Mr. HUDDLESTONE—
I joined the 10th Hussars as a captain in 1842, and I
was with the prisoner before the accident happened to
his horses. I saw him at Newbridge afterwards, when he
seemed rather more odd than he had been before. Ile had
always appeared strange. His manner and conduct was
matter of observation and comment in the regiment. I
have seen him once since he left the regiment. It was
in the Green-park, at the beginning of this year. He
was walking very upright, very fast, and throwing his
arms about in a strange manner.
Thomas Penn, a corporal in the 10th Hussars, ex-
amined by Mr. COCKBCRN—I was in the regiment a hen
Mr. Pate • joined, and I had charge of horses in
the same stable with Mr. Pate's. I remembsr he had a
very fine Newfoundland dog, which was destroyed under
a general order. It was supposed that three horses be
lot ging to Mr. Pate had been bitten by a mad dog which
had belong, d to Major Wallington, and they were shot.
Mr. Pate said he did not know what he should do if his
favourite bay horee was killed. Ile was afraid he should
be almost ready to go and make .a hole in the river.
He was very much depressed after the death of his

horses.
George Pitt examined by Mr. ITUDDLESTONE—I am a
sergeant in the 10th Hussars, and was in the regiment
at the same time as Mr. Pate. Mr. Pate was very
much attached to his hole es and after their death he
appeared much depressed in his spirits and eccentric in
his manner.
Thomas Martin, examined by Mr. HUDDLESTONE—I
am trumptter in the 10th Hussars, and I knew Mr. Pate
when he was in that regiment. After the death of his
horses his manner seemed strange, and the general re-
mark of the regiment was that he was not right in his
mind. He often stood about as if lost in thought, and
then suddenly he would start up and march off, as if
walking fJr a wager.
Mr. Robert Francis Pate, examined by Mr. COCKBURN
—I am the father of the prisoner. I remember his leav-
ing the regiment when it was in Ireland. He came down
to me at Wisbeach, and said he came away without orders.
I was astonished to see him, and asked what was
the occasion. He said ho had been hunted about the
public streets in Dublin, and had seen the same people
waiting for him. He therefore made his escape, and got
to London in a vessel coming to Liverpool. I could not
let him remain with me, and I told him he must return
directly to the regiment, as I did not know what might
be the consequence. I was afraid he would be shot, and
be promised to go back the next morning. He did go,
and Jterwards 1 received a letter from his Colonel, ad-
vising me to take him out of the regiment. Ho came again
to London, where I met him. Aft:r he had been in London
some little time he sold his commission, without my
knowledge. When I heard of this I again came to Lon-
don, and ascertained that he had sold cut for 1,8001.
About a year and a half afterwards I received a com-
munication from a medical man, which induced me to
come to London. I found him in Duke-street, and his
manner was so strange that 'consulted Dr.Connully about
tee state of his mind. In the meantime my daueht-r
came to town, and Dr. Connolly advised me nog ter take
steps to confine him while his sister was in town. Dr.
Connolly did not see him.
Cross-examined by the ATTORNEY-GENERAL--When
my son came to me in 1844 he told me that he had lsft
without ]cave. We had very little conversation, as I was
anxious that he should return. When I ascertained that
he had sold out, he told me that he got 1,800/. for
his commission, and should have 1,200/. left when he had
paid his debts. I seldom saw him, but I heard of him
through a Doctor Starkie. He always appeared to be
unsettled end uncomfortable. I did not know how to
go about to get him into an asylum, but I always felt
that he must go into one.
Re-examined—l was afraid ho would be shot for
leaving his regiment, and I told him so. He said he
could not help it if be was.
Charles Dodwin, examined by Mr. HUDDLE/TONE—
I was formerly in the 10th Hussars. I was servant
to Mr. Pate after the loss of his horses. I
noticed his conduct and manner, which was
always very strange and eccentric. I accompanied him
from Newbridge to Dublin. We went to Morrison's
Hotel. He left me there, and went away. I ultimately
found that he had been to Kingstown. He gave me no
intimationhad
go
gone
ef
overhis toEngland
going, ut s
Au bfs e q u
he
enl t
cya
mfoeu n
hdaetkhalt
he
had opportunies of noticig .hisconduct.
more melancholy than beforen he
e wente r
He seemed
away,
andee
se-
cluded himself as much as he could. He was very much
liked :by the officers and men. In March, 1846,
after he had left the regiment, I joined his
service in German-street. I rememberuia that in 1847 he
was
habits were
waterregular;
wth
whisky
he
thrown
to fersohm his his
a basin that
the
two pails
usedw
ehado risne .
mixingpint and h
a n half of theof water.
and Hcea spehde
generallysoto bathe,
a
fluid mixed with 2 oz. of camphor served him for three
mornings. Whilst is the bath ho used to shout and
a noise, and sometimes sing, which rather amused the
people of the hcuse. He never mixed in parties, and always
kept the blinds down in the room where he sat, Whiz',
was on the ground floor. Every day, at a l
twelve, be invariably went to dress, and at a quarter to
three he came down and entered a cab, which was always
waiting for hire. He paid 9s. for the cab, and always
insisted upon having 6i. and a large penny to pay for
the gate. It was always the same cab that waited for
him. He would not have any half-crowns or sixpences
which
puttingl htande
6t od
.pal
na cdeiedv.,e
he
ye
daamyonognsht
itshderensieniengshteilblilneg. In
dress
would
wasnever have
always twothe
acme halfpence
winter
or
a small
and penny.
summer, but His
he always continued his fire in sumnierd.urinHge
which
away in the cab every day for 18 months,
time he never received company but once.
Cross-examined—That was on a Derby day. He was
particular in the management of his affairs, and paid his
bills regularly. Ile kept the receipts. He paid his
lodgings and my wages very regularly. Except the
eccentricities he was very regular, but he was always
wild and strange, which attracted the attention of every-
body.
By tle COURT—He used to read books. He read the
nursery rhymes through. He read Hogarth's works. I
never knew bin read a religious book, nor did he ever
go to church, he used to go in the cab on a Sunday the
same as any other day.
William Baker Lb-a examined, by Mr. CCCKBURN—I
drive a cab, and I remember I used to drive Mr.
Pate in 1847 regularly every day. I was obliged to be

at his house punctually every day at a quarter past
three. I used to drive him down Brompton-road over
Putney-bridge to Putney-heath, to one particular spot,
where he got out. He then walked thrcugh the thickest
of the hushes in the heath. He always:went the same way,
and I used to meet him at a pond on the other side of
the heath. He used to stand at the pond lcoking in-
tently into it, and suddenly ho would start up, jump into
the cab and tell me to drive off as fast as I could. Soon
afterwards he would tell me to pull up and go at a foot
pace. I drove him along Roehampton-lane to Barnes-
common, where he would again take) a walk
amongst the bushes. He always got down
and got up at two fixed spots. We returned
home over Hammersmith-bridge. He always be-
haved very strangely in the cab, and no matter whether
it hailed or rained, he took the same walk. In winter
it was dark before 'he reached the common; he always
had a small stick with him, which he used in a very
strange manner, and people used to stop me and ask if
he was mad. I have repeatedly been stopped by gen-
tlemen in that way. This lasted from fifteen to
eighteen months every day. At first he paid
me 108., but one day he said he would only pay me 9s.
He always paid me in shillings in a row, with
the face of the man upwards, and always looking the
same way. He paid a shilling and a penny for toll-
gates, which were always laid on the cushion of the cab.
The cabmen on the PiccAilly stand always made el-
servations about his conduct.

Cross-examined.—Sometimes he used to get Wet
through, which always p:eated him, and after running
over the thicket, he would return and say he had much
enjoyed the Lad storm.
By the COURT —lt is now two yurs ago since I
ceased to drive him.

Mr. Charles Mason, examined by Mr. HUDDLESTONE
—I keep a livery stable in Park-lane. I know Mr.
Pate. In 1846 he n:ed to hire my horses. On one occa-
sion he had an accidt nt with one of them. Since 1847.
I have seen him three or four times a week, puling
down Piccadilly, and latterly I have observed that he
has been very strange in his manner; indeed, last May,
I told my foreman that I thought he was losing his
senses.

Mr. Jas. Storton, examined by Mr. r ...00KBURN—I am
a surgeon, living in Sutton-row. In 1849, the sister of
Mr. Pate came to live with my family. Mr. Pate used
then to visit me. In 1848 I met him once in Kensington-
gardens, and as I thought he was insane, I told my wife,
who was with me, not to attract his attention. His look
was always that of a man whose mind was vacant. I
did not know him then, but when he came to see his
sister, after 1849, I had conversations with him which
still induced me to believe that he was insane. On one
occasion when he visited me there were some gentlemen
of classical attainments present. I advised him now that
he bad left the army to go to college, and obtain
a classical education to fit him for some other
pref:ssion. He said, " Oh! I don't believe there is
a man in England who could teach me or
anybody else the classics." Ultimately I thought it ne-
cessary to communicate with his father, who is a friend
of mine, on the subject of his intellect.
George Fercn Gardner, examined by Mr. HUDDLE-
STONE—I am one cf the Burlington-arcade beadles. I
have frequently seen the prisoner pasting up and down
Piccadilly. His manner was always strange end ( ccen-
trio, so much so that people used to say he was mad.
Mr. Inspector Squire, of the Metropolitan Police,
examined by Mr. CeCIiBURN—I have known the pri-
soner from his beite:.; much about town. He always Cal -
ried a stick with him, which he used in a very strange
and wild manner, which induced me to give him the
name of " cut and thrust."
Cross-examined —I have known him for some two
years and more. I never directc d the prd to watch him.
John Murray, examined by Mr. II CIDDLESTONE—I am
ken per of the Buckhill-gate of, K. nsington-gardens.
About two years ago he passed through the gate every
day at one o'clock. He behaved himself always in a very
extravagant manner, but never spoke t'.) any one.
The O'Gorman Matson, M.P., examined by Mr.
CLARKSON—I am acquainted with Mr. Pate. I have
known him 10 or 11 months, and I have had repeated
conversations with him. From the first day I ever saw
him I concluded that he was not sane, end subsequent
experience confirmed me in that opinion.
Cross examined—He always behaved as a gentleman.
He had the instinct that naturally guides animals, and I
do not think he would do an ungentlemanly or dishonest
act.

Be-examined—He is the last man in the world whom
I thought would have been guilty of a disloyal act.
The Rty. Charles Biscce, the Lecturer of Bow Church,
examined by ➢lr. EITDDLESTONE—I have met Mr. Pate
at Mr. Storton's, but tefore that I knew him in the street
by sight. The conversation I had with him induced me
to think he was not in his sound sense:. On the evening
of the 27th of Juno I was going to dine at the Army
and Navy Club, when I saw Mr. Pate standing at the
west gate of Cambridge House. He appeared more
excited than usual, and his manner was altogether
strangely wild.
Cross-examined—He generally threw his heels up so
high that I was often surprised how he sustained his
equilibrium. It was more his manner than his conver-
sation that indue, d me to think him insane.

Dr..Connolly, re-examined by Mr. COCSBURN—I am
a physician, and have devoted my attention very much to
insanity. lam physician to the lianwell Lunatic Asylum.
I was applied to by his family last November, when
his previous habits were described to me, and thiuking he
was improving in them by going into society, I recom-
mended that no steps should be taken to irritate him.
I have even him since he has been in custody, and in my
opinion he is of unsound mind. I form that opinio❑ in
a considerable degree from the conversations I have
had with him. In his present state he presents an ex-
ample of a person of very slender mental, power of no
ambition, and altogether unfit for any occupation of I: f..
In conversation he is able to distinguish between right
and wrong, but otherwise I thick he is not.
Cross-examined—His disposition is frivolous and
idle. He is w ell aware that he has done wrong.
By the COURT—Has ho any delusion, such as fancying
himself the Emperor of China?
Re-examined—He does not deny having done this,
but he can give no account of it whatever. He seems to
have acted under some strange morbid impulse.
Dr. Munro, examined by Mr. HUDDLESTONE—I have
had five interviews with the prisoner since he has been
in custody, v.nd from my observation of him, and what
I have heard to day, I certainly believe him to be
of unsound mind. From his own lips I have
had an account of how he left Ireland in
1844, and certainly then ho was labouring under delusion.
Cross-examined—He was aware, perhaps, that ho was
doing wrong in many things; he certainly is capable of
distinguishing between right and wrong, but he is, never-
theless, suffering from morbid insanity .
Re-examined—His whole history induces me to believe
that he is decidedly insane.
Mr. Baron ALDERSON remarked that that was a
question which must be left for the jury and Court to
decide. So long as he remained on the bench he would
not allow medical men to take upon themselves the func-
tions of the Court and jury.
Dr. Munro bad only given his opinion; he was not
aware that he had done wrong.
This was the defence.

The ATTORNEY-GENERAL replied, reminding the
jury that if they were of opinion that the prisoner was
incapable cf distinguishing between right and wrong,
he would be subjected to imprisonment f)r life, while, if
they found otherwise, the punishment would be of a more
minor character. Now, it was said that as there was
no motive for this act, it must have resulted from mad-
ness; but if he was not mistaken, from the earliest ages
of which they had any history or account, persons in
elevated situations had been the subjects of attack and
insult at the hands of parties who were anxious
to obtain a morbid notoriety. It was this
very knowledge, backei by experience of similar oc-
currences in modern times, which induced the Legislature
to pass the Act under which this prisoner was arraigned,
and before the jury could acquit him of the offence with
which he was charged they must be satisfied beyond the
possibility of doubt that his mind had been so
impaired that he could not distinguish between
right and wrong. This was no new doctrine.
It was a rule laid down by no less a judge than Lord
Hale himself, and if the jury would just consider for ono
moment they would see that the maintenance of this
rule was for the interest of the public. Some short while
ago, however, the rule of law in deciding sanity or in-
sanity in cases of this nature was settled by the judges
upon questions propounded by the House of Lords
ari,,ieg out of the doubts which had been created by
Nl‘Naughten's case. It was then laid down that if a
party was sensible of doing injury at the time of his
committing an unlawful act he was liable to be punished
for it, and the immediate question for the jury now to
decide was this—did the prisoner know and feel that he
was doing wrong when he struck the Queen? if he did,
then they must convict him accordingly, but if, on
the other band, they did not think hetknew what he was
about, they must acquit him on the ground of insanity.
Well, then, was the eviaence they had to-day incon-
sistent with the existence of a state of mind capable of
discriminating between right and wrong ? Certainly it
established that the prisoner was an extra-
ordinary and eccentric man—it did not prove
that he was so mad as to 'make him an
irresponsible agent. The past conduct of the pri-
soner must convince everybody that he knew he was
doing wrong. For instance, immediately after he was
taken into custody, be was so far alive to his own interest,
that he warned the witnesses to think before they spoke,
while he observed the blow could not have been a hard
one, cleatly showing that ha knew what he was about
and laboured under no mental delusion or disease which
should excuse him frcm the consequences of the act.
Mr. Baron ALDERSON, in summing up the case, told
the jury that there could be no doubt as to the fact that
the prisoner struck her Majesty with some degree of
violence, and therefore the whole question to be decided
provewa
ucart was
y in his auhssi
must take
that done.
d washa sNon
turned upon the state of mind he was in at the time the
reewfn,atrhsheee
ftcohoremyhmicmiot prisoner
afsoes:
htunsoundoe- it
today, yvvwm, siatnhn
mind when
tlwei
habt
acquit a prisoner on the ground of
the offence. Now had the evidence
could
asi provedaniadlutcy htahte?y
mustThej
be satisfied that the prioner's insaiti
com-
mittal of the offence he was cyhargededwthiteh.t
was a delusion to suppose that insanity necessarily
rendered a man dispunishable for an unlawful act; be-
fore that state of things could exist it must be shown
that the disease of the mind under which the prisoner
laboured rendered him incapable of judging between
right and wrong, or whether at the time he was betrayed
into the act he knew that the act was a wrong and un-
lawful act for him to do. Now, did the evidence
adduced for the offence accord with those prin-
ciples ? True, at one period the prisoner appeared to
have laboured under a particular delusion, but although
that delusion might have been a very good defence,
this unfortunate gentleman for the
mwcurrederthoefy tinthery mg essman, it was no more a defence to
this case than it would have been a defence to
an action had lig seduced his peighbour's wife at the