The Sun.
London, England, 1842-06-18 00:00:00

TRIAL OF JOHN FRANC S
FOR HIGH TREASON.

CENTRAL CRDTILNAL COURT.
L D CO U RT.
(Continued from our Afternooa Edition of yesterday.)
On the return of the Jury,
The SOLICITOR-GENERAL rose to reply. It new devolved
upon him to address a few words to the Jury in reply to the ar-
guments contained in the eloquent and very excellent address
of his Learned Friend. He willingly conceded that this trial,
important as it was, must be conducted in the same way
as every other Criminal prosecution ; and he was sure
that his Learned Friend ( Mr. Clarkson) must have
misunderstood his Learned Friend the Attorney-General,
if he understood him to say that the burden of the
proof dui not rest upon the prosecution. Every man must
be preslamed to be innocent till he be proved guilty, and no
doubt the burden of proof rests with the prosecution. Yet if
the facts against a prisoner be so strong as to require explanation,
and the prisoner were unable to explein and clear up the tact,
against him, he would say t'iat the inference would be that the
prisoner was guilty ; and his Learned Friend said nothing more
dean that he should present strong evidence to the Jury ;
and if the prisoner were unable to clear up the facts
proved against him, he should ask them as
men of sense, calmly, but fairly, to give their verdict
Upon that evidence. They must upon the evidence say whether
the prisoner be guilty or not guilty. The prisoner having left
his lodging's on Friday. arid having purchased a pistol, gun-
powder, arida flint, was found presenting a pistol at her Majesty
en the Sunday. On Monday the prisoner was preyed to have
ired a pistol at the carriage of her Majesty, arid Colonel Arbuth-
not deposed that the pistol was pointed direct to the Quern.
The soldier also said that the pistol was pointed at the Queen,
and Col. Fitzgerald said that he pointed the pistol at the open
part of the carriage where the Queen sat. (Jo e, who rode 6or
7 yards behind the carriage, thought that the pistol vas directed
at the centre of the hind wheel. Now he diet trot rink that the
evidence of the groom on that point, who was riding six or
seven yards behind the carriage, should at all effect the evidence
of Colonel Arbuthnot, the private soldier, and Colonel Fitz-
gerald. Then came the tpusstion which had been raised, and
which constituted the defence of the prisoner. It was stated,
that though he purchased the pistol, presented it on Sunday at
the Queen, and on Monday tired it, at the distance of seven
f,tt, the act was an innocent one—at any rate was not of the
eliaraet. r to constitute the crime with which the prisoner was
charged. lie (the Solicitor- General) maintained, t hat the evidence
of the soldier who had been eighteen months in the Guards,
supported as it was by the testimony of Colonel Arbuthnot and
C.dtatel Wild, was enough to lead them to the inference that
ishere was a ball or sonic other mischievous material in the
pistol. Ills Learned Ft ien I said, " Where was the ball? If
the pistol had been lea-led it must have hit some one, or sum:
part of the ca,riage." That did not necessarily fuLow ;
it woulddr, end- eatirely upon the aim which was taken, whether
the ball sheul I hit any part of the equipage.
Hut what was the inference, if a pistol were discharged at the
Queen at the distance of seven feet? Was not the inference
that the pistol was loaded? The Learned Counsel for the
defence Aselanned that this was a harmless frolic ; he admitted
1 was a wicked act ; but he asked for a motive. That doctrine
of asking for a motive for crime was a most dangerous one.
If it were admitted, many crimes would pass unpunished ; and
if it were clangorous in ordinary cases, how much
more dangerous in such cases as this ? Who could
tell the motive of Fieschi? Of his guilt there could
be no doubt ; yet who could tell his motive ?
What was the motive which the Learned Counsel for the de-
fence had attributed to the prise ner ? Why, that because a
man who two years ago had fired at the Sovereign had been
fund mad, and had gratified his morbid love of noto-
riety, that therefore the prisoner had a desire to gra-
tify his morbid love of notoriety, %%id) a hope of being
aft well provided for as Oxford had been. Could any
sene man have acted thus? 11 he had not been protected by
Colonel Arbuthnot, who could tell what might have been the
consettu2nces from the indignation of the bystanders? Insanity
cuss not set up, and yet what sane man would have taken volun-
tarily upon himself the character of an assassin merely for the
sake of a 'morbid love of notoriety. They should look at this as a
location of common sense, and looking at it as men of
sense, as men of the world, he asked in wile,
light could they consider it? It he had been ap-
}eel-tenth:el on the Standly, where would have been his
notoriety, if a pistol without a 1),I1 had been found on him?
Wiry, even the wadding of the pistol fired at that distance,
ilnig,ht have done serious injury ; hut he did not rest
upon that. Ile admitted that there was no direct
proof that the pistol was loaded ; but he asked them
whether, under all the circumstances they could come
to any of ter concinsion than that the pistol was loaded? If
they berfltAred that he had a criminal design, they must find him
guilty, but if, under all the circumstaucee of the case, they
should be of opinion, that he hadmo criminal design, then they
must acquit him. They had an impartial duty to perform, net
only to the Sovereign, but to the }serene at large ; every mem-
ber of which was deeply interested in the safety of the So-
vereign. To their hands he committed the case, satisfied that
ehey would execute impartial justice between the Crown and
the prisoner at the bar.
Chief Justice TINDAL then proceeded to sum up the
ca-e, and said that in all cases of high treason the law required
the proof of the commission of certain overt acts. In this case,
the overt act constituted the treason itself ; it was the shooting,
off and discharging a certain pistol, loaded with gunpowder and
a bullet, or some other destructive substance, at her Majesty ;
and another count charged him with discharging, a certain
loaded pistol at her Majesty . If it should appear seise' etory to the
Jury that the pistol was loaded with a bulk t, there could be very
little doubt as to tire guilty intent of the prisoner ; therefore, the
first question to he considered was whether the pistol was loaded
with a bullet or any other destructive substance. There was a
second question to be considered, which was whether, although
the pistol was on'y loaded with gunpowder and wadding, it was
fared 33 close to her Majesty, as to be calculated to do her
severe bodily harm ; then also an overt act would be made out.
If the Jury were satisfied of neither of these positions,
Ater verdict must be in favour of the prisoner.
(Me I..jarned Jusdge then read his notes of the evidence at
length. 7 With regard to the identity of the prisoner there
could be no doubt. It was clear that he was the person spoke
to by all the wintesses, that he-was seized with the pistol in his
possession, which pistol he had recently discharged. The evi-
dence of the Pearsons was most extraordinary. It was for the
Jury to place their own construction •upon the conduct
of the prisoner on tire Sunday in presenting to
pistol at the Royal carriage, and upon the ex.
pressions he made use of on that occasion. The
questiou, however, would resolve itself ,most entirely
intone question of the intention of the prisoner at the bar on
the Monday. according to the view they took of his conduct on
that, day. They would consider, either that his conduct on
the Sunday, betokened that of a man determined to persevere
in the perpetration of a horrible crime, or that it was indica-
tive of a man in a state of desperation who war desirous of be-
in,' taken into custody. If they were satisfied that the pistol was
loaded with ball, or some pther destruct ive substance there would
he no eiffi Allay in the ease. If they should be of opinion that
the pester was loaded with powder and wadding only, thin they
would lin v • to consider whether it was discharged so close to
her Majesty as that if the wadding had struck her it would have
done her some bough harm, or if it was discharged with the
intention of doing her tome bodily harm. If they should be
of opinion that such was the case, they must find the
prisoner guilty. It was a question not of law but of
tact, and was for the Jury alone to determine.
If they should feel convinced that he had committed the
effence with which he stood charged, it would be their duty to
bring in a verdict of guilty, without regard to consequences,
but if they should be of opinion that the scales of justice hung
even, then they would give the prisoner the benefit of the
doubt.
The Clerk of the Arraigns—Gentlemen of the Jury, please
to col i der your verdict.
Tee Jury having consulted for a few minutes in the box,
The FOIiEMA N said— lily Lord, I think that we had better
retire.
Cl ICI Justice TlNDAL—Certainly, Gentlemen.
'FI e Jury then retired at twenty minutes to four o'clock to
cinder their verdict, and returned into Court at five minutes
after five, and broucht in a verdict of " Guilty on the second
and third counts; we think there are:some doubts on the first."
Chief Justice TINDAL—Do you find hen guilty of the
first overt act, that the pistol was loaded with a bullet ?—We
do not.
Chief Justice TINDAL—Do you find him guilty on the
second overt act, that the pistol was charged with some de-
structive substivice ? Foreman—We do.
Chief Justice Tie:nee—lt is your opinion, therefore, that
the pistol was loaded with something else bes des wadding
and powder? Foreman—lc is.
Chief Justice TINDAL—I wished distinctly to ascertain your
opinion on that point.
The prisoner, who turned pale when the verdict was deli-
eered, was called on.
The Clerk of the Arraigns—John Francis, you stand con-
victed of high treason. What have you to say why the Court
should root give you judgment to die according to law.—The
prisonete who seemed dreadfully affected, returned no answer.
Silence was then proclaimed, and the three Judges (Chief
Justice Tindal, Mr. Justice Patteson, and Mr. Baron Gurney)
having put on their black caps,
Chief Justice Tnenat proceeded to pass sentence of death
updn the prisoner in the following terms :—John Francis, a
Jury of your country have, after a patient investigation, found
3pu guilty of the crime of the deepest and the most detestable
nature known to the laws of this country—l mean the crime
of high treason ; and for that crime I have now to pass upon
you the judgment of the court. It is useless, in your case, to
enlarge Upon the nature of your offence, for the heart that
could imagine so dreadful a crime must be callous to every con-
sideration -of virtue and humanity. Any attempt, there-
fore,' to aggravate the nature of your offence must
be -neeeisarily useless. It is only owing to the manifest
interposition of that Almighty God, who hath said that
he 'will be shield and a protection to those Princes
who put their trust in him, that the nation is not at
this moment "laffering the , greatest affliction, in conse-
quence of • your crime. Let me beseech you to apply
ourgelf, " for the 'short time -that you have yet to remain
in this World, to endeavour, by your contrition and
renitence for the dreadful crime which you have com-
mitted, to, obtain the pardon of that Almighty God, who by
his interpesitiens preventedyou from completing the horrid
creme which you had i nagined. Pray to that Almighty
'Ming that, as he gravy been pleased to interpose to pre-
vent the further aggion of your offence, by the com-
pletion of the crime which you had imagined,
ee also Ice will bit pleased to show merry to your soul.
It now only remains for me to pass upon you the sentence of
the law, which is—that you, Jan Francis, be taken from
hence to the place from whence you came, that you be drawn
from thence on a hurdle to the place of execution, and that you
be hingei by the neck until you be dead ; that your head be
afterwards severed from your body, and that your body he di-
vided into four quarters to be d,sposed of in such manner as to
her Majesty shall seem fit; and the Lord have mercy on your soul.
At the conesusion of the sentence the prisoner fell fainting
back into the arms of the gaolers, and he was led away sobbing
most piteously.
We observed Mr. O'llrisooll, the talented young artist
whose excellent Iteeness of Good we took occasion to notice
soiree time age, busily engaged eon taking a sketch of the pri-
soner and the Court &tring the proceedings, and we have no
doubt that a good portrait of the wretched criminal will shortly
be presented to the public.

THE- WEAT HER IN THE NORTH.—The weather
continues all that our northern farmers could desire—copious
r. in alternating 'vi h sunshine, and the thermometer folly as
high as it is genet a'ly in the middle of July. Under such cir-
cumstances, ve.;ctation could not but prosper, and the only fear
is that its plogess may not be too rapid. Harvest bids fair to
1:e sooner that any yea. since 1896. An early harvest in the
highlands is, however, generally the safest and best, as frost is
apt to set in and cloud our p.ospeets when reaping is late in
the season. The oats and barley crops look fresh and healthy
here, and the sheep farmer is equally rejoiced at the condition
of his flocks. The wheat crop is certainly not so promising as
oats or barley, awl some fiplds where the appearance was de-
redly unfavourable have been replougheel and sown with oats.
—lnrerness Courier.
.ins.o officers of tip_ Belgian lancers at Lotiva.'n,
having:a few dais ago quarrelled over a game cf dominos, went
of to fight a duel with their sabres,. when cite of them was
killed by a .atrake from .that of his adversary; which literely
clays his skull. .• -