The Sun.
London, England, 1827-03-12 00:00:00

NORTHERN CIRCUIT-CARLISLE, MARCH 9.

TRIAL Or IFINXA tior—ins RETVIIALTO i'VEAD.....rXTRAORDIXARY
• SCENE.

Phillip Finturney, a wretchad, guilt-struck looking man, was
then placed at the bar, upon the Coroner's Inquisition, charging
him with the dreadful murder of Mary Brown, in the parish of
St. Cuthbert's, Carlisle, on the 7th September last.
When called upon by the Associate, he held up.his right hand;
but, to the inquiry of " how say you, are, you guilty of this felony
and murder, with -irhich- you stand charged, or not guilty ?"
Finnancy- said-, I don't wish to answer that question,
Mr. -Baron HueLocx—You must plead, Sir, to the indictment.
Finnancy—l have two causes for refusing to plead.
Mr. Baron lict.Locx—You must plead, Sir, why do you act
in this way ?_Finnancy—l won't plead, my Lord.
• Mr. Baron HULLOCL—You mat plead—you have been very
badly advised to this; whoever recommended you to do this, was,
I should think, a most incompetent person to advise you. Take
my advice, and plead not guilty at once, and take the chance of
your trial. Finnancy—No, I will not plead at 511, and I cannot
say that I am not guilty either.
Mr. Baron HumacK—You must plead one way or the other.
By this conduct you cannot avoid the trial. Finnancy—_My Lord,
my mind is made up not to plead.
Mr. Orridge, the keeps of the jail, remonstrated with the un-
happy man upon the folly of his conduct, but he still persevered in
his determination.
Mr. Baron HoLrocx—l am anxious, prisoner, that you should
take your trial, and stand your chance. But we cannot permit
this conduct you know. Therefore, if you still persist in your
refusal to plead, I shall order a Jury to be empannelled to try
whether you are mute by the providence and act of God, or by
your• own obstinacy, and if that is the case you will be tried im-
mediately. Finnancy—l am not going to say any thing respect-
ing the pleading at all, my Lord.
A Jnry was then sworn, to try whether the prisoner was wil-
fully, fraudulently, or obstinately mute, or whether he was so
by the act and providence of God.
Mr. J. Thomas Orridge, keeper to the county gaol, was then
examined. The prisoner was given in his charge on the Bth of
September last, and he never had observed the slightest aberration
of mind in him, and he knew very well what he was about at all
timer: Ire never had consulted witness about the line of defence
or course of proceedings he meant to pursue. He bad made a
full confession of his guilt before a Magistrate. He was attended
in the gaol by Mr. Marshall, a Roman Catholic Priest, ever since
his confinement.
The prisoner handed in a written paper, which he wished
might be read.
3lr. Baron HuLtocx—l will not read the paper until he puts
bin.;_self in a situation for the trial of this indictment.
Finnan',"v—l want no advantage. Oue reason I have for not
pleading platy that it might be accessary to suicide, and if I
plead-not guilty, ItO a lie, which I don't want to do.
Mr. Orridge said, he rei'lv thought that the prisoner's objec-
ti.on was founded on a religious Prr.f.nple•
Mr. Baron Hera.ocx told the prisoner, that by pleading not
guilty, he would only put himself on his trial, and lie need not be
afraid of entering that plea, because it might not be considered an
untruth.—Finnancy. No, sir, I will not plead ; let somebody
else do it for me, I will not do it.
Mr. Orridge said the prisoner's conduct in cooenem,ent was re-
markably well behaved, and he considered him a very sini:ere pe-
nitent.
The Jury, by direction of the Judge, theta found that he was
mute wilfully and fraudulently. •
Mr. Orridge said the prisoner wished it might be understood
that he did not refuse to plead through obstinacy, but solely frum
religious scruples.
After some other objections the prisoner nodded assent to the
plea of Not Guilty, and the trial proceeded.
Mr. Couniwat detailed the circumstances of this awful case.
The prisoner had cohabited with a bad woman, the deceased, anti
continually quarrelled with her, and in a fit of jealousy beat her
heed to pieces With a hammer, in the fields below Carlisle. He
then wandered about, and surrendered himself..
The Jury, without hesitation, found him guilty.
Mr. Baron Heetocx ordered him for execution on Monday.
He received the sentence upon his knees, and prayed with much
fervour in the dock.
The Assizes terminated this afternoon ; a fellow named Coward
being left for execution for a rape.