The Sun.
London, England, 1844-10-24 00:00:00

CENTRAL CRIMINAL COURT.

OLD COURT.
At ten o'clock this ,morning Mr. Justice Maule and
Mr. Baron Rolfe took their seats on the Bench.
THE SLAVE-TRADING CASE.
The COURT gave judgment to-day upon the points
raised by counsel on behalf of Captain Jenkins, the
commander of the vessel supposed to be a slaver, in con-
nexion with which the trial of Mr. Zulueta took place
some time ago at the Old Bailey, and decided that some
of the counts were good, and that the trial must take
place.
THE CASE OF THE HON. WM. ROSS TOU-
CHET, BROTHER OF LORD AUDLEY.
After the above case had been disposed of, the Hon.
Mr. Touchet was %placed at the bar, charged with shoot-
ing at Mr Thos. Smith, on the 6th of last July, with in-
tent to kill him.
Mr. Charnock conducted the prosecution ; Mr. Clark-
son and Mr. Bodkin were retained for the defence.
Mr. CHAANOCK having briefly stated the case, as de-
tailed in the following evidence, said in conclusion, that
he understood the defence in this case would be
that of insanity. If that were so, the jury
would require to be satisfied on that peint, and
it would not be enough that the prisoner was
insane at that time—it should be shown that he
was so at the time he committed the act for which he
was brought before them that day. He felt it due to
the prosecutor on this occasion to say that he was not
actuated by any vindictive feelings ; and however cala-
mitous the occurrence was to him, he did not harbour
any ill feelings towards the prisoner ; but he thought it
a matter due to the public that the subject should be
investigated in a court of justice.
The following evidence was then adduced :
Thomas Smith, who seemed to be labouring from the
effects of his wound, was the first witness called and
sworn—l reside at 288, High Holborn. I keep a shoot-
ing gallery there. On the 6th of last July the prisoner
came to ray premises.. I was in the gallery. That is a
pirace:Where,persons; practise pistol and rifle shooting. I
bad .a-siiii. -HiS niiimf was Alfred. The prisoner asked
naeiChb"A'otilirbe s.ccomitlodated with a brace of duelling
pistols.:liiid you can,-air. I gave him one pistol. It
wps, fended *ith ball. --I loaded it myself. He fired
that ofl. • He' complaitte4 that the pistol threw off too
bard,, and wished for one that would go easier. I
gave him the secong.-- pistol, which he also fired.
off. lie said there, went off too easy.
he then eskedf for oni.lOaded as the first, which I gave
him ;he fired it off and hit the mark. He was distant
thirty yards from it. 'then gave him a fourth pistol.
I loaded it. I proceeded to load a fifth, and stood about
two yards from him. I did did not feel anything till I
was shot. I fell down, and said " Good God, lam shot,"
and could not speak any more. A medical man was sent
for ; the ball was extracted five weeks afterwards. lam
still labouring under the effects of the wound.
Alfred Smith, the son of the last witness, was called—
I saw the different pistols fired. My father was standing
in the loading-ring. 1., saw the prisoner turn round and
deliberately shoot my father. My father fell, and said,
" Good God, lam shot in the back." My father said,
" You rascal, why did you shoot me ? " He said, " I did
it on purpose, I wish to be hanged." I went for a
policeman.
Adolphus Lonsdale, a police constable, proved that he
was called into the shooting-gallery. He saw the pri-
soner leaning against the bench. I asked him why he
shot Mr. Smith. He said he was tired of his life, and
wished to be hung.
Cross-examined by Mr. CiAnason—He stood with
his arms folded when I went in.
George Royde, house-surgeon to Bartholomew's Hos-
pital, examined—Thomas Smith was admitted into the
hospital on the 6th. The wound was in the right of
the spine, and above the loin. I probed the wound, and
found a hard body. On the 6th of July a small
piece of bone was extracted, and also a bullet. On the
14th of July apiece of cloth came away of its own accord.
He is still labouring under the effects of the wound. He
is not altogether out of danger. He is not fit for business.
This being the case for the prosecution,
Mr. CLARKSON addressed the jury for the defendant,
and said that he did not mean to dispute the facts which
were adduced in evidence. His object was to show that
at the time of this accident Mr. Touchet was of unsound
mind, and be could not but help thinking that when the
jury had heard the evidence they would be of that opi-
nion. The first thing that would strike the jury in this
case was that there was no earthly motive why the pri-
soner should have committed this act, nor could it be
accounted for on any other principle than that he was
not of sane mind at the time. If he was to be believed
himself, he committed the act in order to be hanged.
But he would not rest the case on that point, however
strong, but would call before the jury the persons who
were best acquainted with the prisoner. He would call
Lord Audley himself, and several physicians, who would
describe the state of the prisoner's mind. The prisoner
was the second son of the late Lord Audley. He was
now little more than twenty years of age. The late Lord
Audley had entered into speculations upon his estates in
Ireland, the result of which turned out to be most
unfortunate. The family were reduced to the greatest
straits, and this circumstance seemed to have
pressed most heavily on the mind of the prisoner. His
mind took a misanthropic turn, and he seemed to avoid
all intercourse with society. He frequently complained
of pain in his head, and was continually brooding over
the circumstance that the family could not hold that
position in society to which their rank entitled them.
The prisoner was the descendant of Sir Ross Donelly by
his mother ; and there was no doubt that he was a con-
firmed lunatic. He mentioned this to show the proba-
bility that the prisoner might have inherited this malady
from his maternal grandfather. He had declared that
he would commit a similar act again, and said be could
not prevent himself from doing so.
Lord Andley was then called and examined—The pri-
soner is my brother. He will be twenty-three next
November. Before my father died, his property was the
subject of considerable litigation ; practically it was
adverse to my family, and has left them in very em-
barrassed circumstances. The prisoner has been from
his youth a person of a susceptible mind. I recollect the
loss of a young friend of his, named Weston ; it seemed
to make a very strong impression on him—stronger than
on persons generally. The circumstances of the family
weighed upon his mind, and disposed him to notice
things which other persons would not. I saw him fre-
quently in 1842. He came to London in 1843. I was
in Ireland ; I did not see him till April in that
year. From that time to the period when
the present occurrence took place he was living
with me. He was generally of a reserved dis-
position. Sometimes he was cheerful, but he was
usually silent and reserved, and wished to evade conver-
sation. I have observed changes in his countenance, but
the expression of it was generally of a very austere and
settled character. lie appeared dreamy. He com-
plained of persons opposite to where we lived watching.
Ido not consider that we were watched. He used to go
to one or two places in particular to dine. He com-
plained of being known there, and of the people making
observations upon him. I went to see whether it was so,
and found that he was not known. He did not show any
disinclination to walk the streets, but on some occasions
I used to observe a singularity in his walk. He showed
a disinclination against walking in a particular di-
rection, and seemed to be annoyed if I stopped
at a window. He would not look at the window,
but on the ground. Ho was continually com-
plaining of ill health, agony of mind, and giddiness in
the head, and that he could not pay attention to his
affairs. Witness advised him to consult a physician, but
he seemed careless about it. Witness looked into a box
of the prisoner's, and found there poison and morphine.
Witness had noticed an alteration in the dress of the
prisoner. He was formerly neat ; latterly he had left
off shaving, and became very slovenly.
Cross-examined by Mr. CHAmeocie—Witness thought
the prisoner highly eccentric.
Mrs. Charlotte Lawley stated that prisoner lodged at
her house in Weymouth-street, Portland-place, from
January, 1843, till July, when the present charge was
brought against him. Lord Audley had also apartments
there. The prisoner was very quiet and inoffensive, but
latterly he complained of a boiling in his head ; he
seemed unhappy, and anxious to be alone. He was at
first cleanly, but latterly he did not change his clothes
for a week. Ho was formerly very communicative, but
latterly he avoided it. Witness had noticed the peculiar
turn of his mind since last November.
Cross-examined by Mr. CHAHNOCH—The prisoner
always behaved like a gentleman, although at times he
was eccentric.
Joseph Lawley, the son of the last witness, corrobo-
rated her evidence.
Dr. Munro—Was sailed upon by Lord Audley to
visit the prisoner in the month of July, and bad also
seen him yesterday in Newgate. On many of the occa-
sions he had been accompanied by Dr. Sutherland. He
had also attended Sir Ross Donally, the grandfather of
the prisoner, who was in an insane state of mind. The
first time witness saw the prisoner was in Clerkenwell.
He then told him that he was melancholy, and had been
brooding over murder and suicide for years, and that he
was sure he should soon attain the great object
he had in view—that of being hanged, and that if
he had a
_pistol he would shoot the first person
he saw. Witness had no doubt whatever of the
insanity of the prisoner. It was in the common order of
things that where ,insanity Was in a family that there