Star.
London, England, 1830-04-10 00:00:00

CRIMINAL EXECUTIONS.

TO THE EDITOR OF THE STAR.

St n,—l presume to solici• the notice of the pah!:c. •hr nigh the
medium of your valuable Journal, to o•tc of tint, t a!;!..:1 .aerie ee<
of human life which have their origin i:t the reler savort:vn: cur
criminal code. The case to which I refer is ti•::t JAMES
BUTLEa, who was executed in July, ►art year. for setting tire to the
floor cloth manufactory of Messrs. Downing and Co. at Chelsea.
This man was convicted upon %hat is called eircurtsta n'irt tri-
dents, by which phraseology 1 understand. that when an individual
is violently suspected of a crime, the lau steps in to construe facts
and circumstances into an absolute proof of guilt. Such violent
suspicion was attached to Butler; and upon the strength of it he
was arraigned at the Old Bailey, condemned, and executed. During
the whole course of the proceedings--from the time of his appre-
hension up to the last moment of his existence—Butler made the
most solemn protestations of his innocent:. These aueverathas, I
admit, are not always to be relied upon ; for it must happen, in
many eases, that they are dictated by sinister and unworthy motives,
rather than by the smart of calumniated innocence. But there was
this peculiarity in Butler's case, that the asseverations were uniform
and consistent; and were reiterated with a fearless confidence which
one seldom meets with from a knavish and impenitent culprit. It
is no wonder, therefore, that his friends made every exertion to pro-
long his life, in the hope that the truth might be elucidated. But
the criminal law, which is as summary in its progress as it is relent.
less iu its terrors, would not be cheated out of the victim which it
had clutched ; and Butler was hurried out of existence while a thick
cloud of suspicion rested over his innocence.

An anxious desire to set these doubts at rest induced me to take
up the case. I was always opposed, in principle, to the capital
enactments in our criminal code ; but I confess that my antipathy
rose into abhorrence as the light began to amen upon the subject of
my enquiries. I almost shudder to tell you, that the result of these
enquiries has led me to the conviction that Butler was WHOLLY
INNOCENT of the crime for which he suffered. This conviction, I
assure you, Mr. Editor, I Lave not taken up upon light or trivial
grounds. I pursued the investigation under a full sense of the
responsibility which I incurred by assailing the recorded judgment
of a legal tribunal, and by holding up this branch of our jurispru-
dence In a very exceptionable point of view. I was sensible,
too, of the obloquy and reproach which would fall to my lot
fur standing in the breach between the law and its victim. But
nelthcr of these considerations could over-rule my fixed determina-
don to probe the case to the bottom, and to publish to the world
my unequivocal condemnation of the system, which wantonly sports
with human life, as the wind plays with the thistle-down on the
common.

Whether the public will sanction the verdict, at which I have ar-
rived, yet remains to be seen. 1 have already made my appeal to
their understandings. In a little work (" Criminal Executions in
England," dcc.), which has just been published, I have aimed to es-
tablish the fact, that the conflagration of Mr. Downing's premises
was occasioned by spontaneous combustion. I need not tell you
that linseed-oil, tow, and lamp-black, are largely used in the process
of the floor-cloth manufacturing; in addition to which, scrapings
arc often permitted to accumulate on the floor. These substances'
(quantities of which lay in Juxtaposition in the rooms in which
the cottflayration fleet appeared) ignite spontaneously; and there
appears to me every reason to believe, that to this spontaneous
ignition the calamity may clearly be traced. The fire occurred
under circumstances highly favourable to this conclusion. In the
month of June the heat of the sun was reflected through the spacious
sky-lights, and sash-windows, which being open at the time, ad.
mitted a-free access of air.

Of the:probability of such an occurrence, I have the testimony of
two Chemists, of unquestioned knowledge and experience. That
testimony has been corroborated by Dr. Gordon Smith (whose pro.
fessional talents require no panegyric from me), as you will Ise
by the extract from his letter, which I have taken the liberty to sob.
join to this communication.
I will not trespass upon your columns by referring to the ans.
lysis I have given of the defective evidence upon which Butler's
conviction was founded, or to the extraordinary circumstances which
have come to light since his execution, and which go to establish
the principle for which I have long =tended, that between the CT!.
urinal bar and the gallows no opportunity is afforded for a deliberate
review of the circumstances of the individual case adjudicated upon,
or for setting on foot those enquiries, without which the suspicion
must often be substituted for the reality of guilt. These points I
respectfully submit to the impartial judgment of the public.
Apologising for the length to which this letter has extended, Ism
Mr. Editor,

Your very obedient servant,
ALAN NEWMAN.

Bolton House, Queen's Elm,
Chelsea, April 6, 1830.
. EXTRACT FROM DR. GORDON SMITH'S LETTER TO

A. NEWMAN.

" I was present at the nisi of Butler, whose case has been taken
up by you. I sat upon the bench near to, and for a considerable
time next to, the Duke of Sussex, who also paid great attention to
what was going on—from the time that Mr. Downing began to give
his evidence until the prisoner was removed from the bar, exclaim-
ing that they had found an innocent man guilty. • • • •
I had nothing whatever to do with the case : I do net know that I
can even say with truth that any particular curiosity about it led me
to the court. I went there to take whatever practical lesson on the
subject of evidence any important trial might offer ; the testimony
of medical men being a subject in which I have long taken a deep
Interest, and which, upon several occasions, I have, in the same
court, had the happiness to rebut, when erroneous. I say it, without
the slightest desire to boast, that there are four persons now alive
(and three of them are at large in London), who would have been
hanged upon unfounded charges qf murder but for this interference;
and all these cases occurred at the Old Bailey last year, in the space
of three or Jour months ! • • To my dying hour I shall regret
that I did not send a note to Butler's counsel, requesting him to
examine Mr. Downing as to the nature and quantity of the mate.
rials used in his business—as to the circumstances in which they
were placed at, or previous, to the lime of the conflagmtion.—and to
the attorney, to desire that some experienced chemist should be
brought into court : or I might have been called myself to speak to
the tact that certain substances, of a combustible nature, when
allowed to lie in juxta.position, will ignite as a matter of course.
But I was so convinced, from the evidence about the matches, the
phosphorus box (or whatever it was) the positive statements con-
cerning Butkr's movements at the time of the fire, &c. that I re.
mutiny] a mere observer. Nor do I new think that all the exertions
which scientific flies, could have made, at the moment in question,
could have done any good. The lad might have been saved had
his counsel and attorney been in conference with intelligent persons
of this description previous to the trial."