Star.
London, England, 1831-09-26 00:00:00

CAPITAL PUNISHMENTS.

In 1828, a person accused of uttering forged
notes was committed to Newgate for trial. He
had been possessed of property, bad held a com-
mission in the army, and joined to showy talents
both agreeable manners and a good education. It
is needless to speak of the circumstances by which
he was gradually reduced to the state of an utterer
of forged notes ; but they were such as to impel
some of his former friends to offer him assistance
when the newspapers announced that his life was
in danger.
The first step taken by his attorney, after his
commitment to Newgate, was to call on Mr. Fresh-
field, the attorney of the Bank of England, and to
offer that, in case the bank would forego the capi-
tal charge, the prisoner would plead guilty to the
minor offence of having the notes in his posses-
sion, and furnish to the bank the fullest informa-
tion as to the persons from whom he received the
notes. The proposal was suggested by the com-
mon practice of the bank attorney in allowing tit-
terers of forged notes to plead guilty to the minor
offence, and by the belief that he was extremely
anxious in this case to discover the fabricators of
the notes. The proposal was favourably received
by the bank attorney, but with this qualifica-
tion—that as government had lately taken
offence at the proceedings of the bank in dis-
pensing of life or death by such compromises with
utterer: of forged notes, it was necessary that he
should prosecute on the capital charge, but that,
if the prisoner should put the bank to no trouble
in proving the charge, and should give all the in-
tfirmation in his power, the bank would make
every effort to save his life. Upon ibis assurance
the prisoner's attorney, .who considered it quite
satisfactory, delivered to the bank attorney a
statement in the hand-writing of the attorney,
which minutely described the means by which
he had obtained the notes It was of course de-
termined that the prisoner should plead guilty to
the capital charge; and those who wce interested
for him were satisfied that he's e
be trans-
ported for I.fe, which punishment they had no
wish so prevent. _

Shortly, however, before the Old Bailey ses-
sion, at which the prisvuer was to be tried, a cir-
cumstance occurred, which once more placed his
life in the greatest jeopardy. In the previous
session, a prisoner named. Smith, had pleaded
guilty to a charge of forgery, on the faith of .a
promise from the city marshal that his life should
be spared. The man's life was saved by that
promise, after belted bleu ordered for execution ;
but about the tirnrin question, in consequence of
some remonstrance from the secretary of state,
the city marshal was publicly reprimanded by
the lord mayor for having made the promise. On
the day, I think it was, succeeding that repri-
mand, the prisoner Montgomery received a writ-
ten paper, signed by the bank attorney, whereby
he was desired to take notice, that the bank would
proceed against him to the uttermost. It was
clear to his attorney and his friends, that the
bank attorney had been alarmed at the proceed-
ings against the city' marshal, and was
nullify the agreement into which belled entered.
To do so, hosiever,' was impossible; since he bad
been furnished with a statement tronr the pri-
soner, which precludidany defence to the charge.
No Other Course than that of pleading guilty re-
mained open to the prisoner. Ot sheer. .necessity
he took that course, and was sentenced to death.

_ .
Before he entered the dock of the Old Bailey,
ha was warned that the judge would advise him to
withdraw his plea of guilty, and to take his chance
of an acquittal, assuring him that the act of plead-
ing guilty would not tend to save his life. This
actually happened ; but the prisoner persisted in
the course which his written communication to the
bank had rendered unavoidable. He had also been
advised not to give any explanation to the judge of
his reason for pleading guilty, but to reserve what
was to be said on that heed for the counsel. It
will be seen presrntly, that the advice in question
was probably fatal to him. I would direct atten-
tion to Ole fact of his having abstained from ex-
planation when before the Old Bailey judge, as
showing how the existence of a court of appeal
may prevent the judge, who passes sentence,.from
learning all the facts of the case.
The time was come now, for endeavouring to
save his life by means of the fourth trial. The
bank' attorney, being again applied to, would
speak only in vague terms from which little could
be inferred ; and "all seemed to rest with the
prisoner and his friends.. The question was, how
to proceed with a secret tribunal, unguided by any
known rules.

The ordinary course is tb prepare a petition
from the prisoner, either nominally to the kipg
but really to the secretary of state, or to the latter
only, both In form and substance, stating 'every
circumstance that can be urged in refutation of the
charge, or extenuation of the offence, or otherwise
having a tendency to mitigate the sentence ; and
to confirm such statements by affidavits. In this
case there wai nothing to say in refutation of the
charge or extenuation-of the offence: the only
object was to'plead for a mitigation of punishdient.
'Whilst the prisoner was consulting with his attar-
.ney on this point, one .of his relations came to
.Londoo,—and undertook the management of his
case with tbepecretary of state. Circumstance.,
lute whicibit iSeedleie to enter, led the 'lsrisoner•
to believe. 1;111M Waitbit possessed the meantof
jamming. `senretai-jt 'of state; and when he
4114cieirioaL tote, entire management of the affair,'
ihomilwba had-before been striving for the prisoner-
'mimed to int Are, being fearful of doing harm by
miy crais,viiit least unconoirted interference. A
sbdrt, ant metely formelintition, therefore, was
drawn alp by:tbe winner ; and it was understood
that the,onlY fact offwhith his chant* of life de-
pended, viz, the treaty with the bank, which bad