The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-07-14 00:00:00

the offence laid to Lis charge? and the second question wi
be, whether at the same time he committed the act he was
accountable for his actions ? The burden of the proof on
the first issue rests entirely on the prosecution. The pri-
soner is still to be presumed to be innocent, and unless I
shall be able to lay before you clear and satisfactory evidence
to establish his guilt, it will be your duty to acquit him. But
upon the first question the evidence I am instructed to lay
before you (and I see no reason to disbelieve the witnesses)
deprives me of the power to suggest any doubt that possibly
can arise in your minds. It is, however, for you to hear
that evidence, and to determine upon its weight. The pri-
soner at the bar is, you perceive, a young man, about 18 or
19 years of age, although, from his appearance, you would
hardly suppose he had reached that age. He was born in
Birmingham ; he came when young to London ; and went to
school somewhere in Lambeth, and had since been in the
service of various publicans in the capacity of barman. He
was not, as has been suggested and stated, a potboy, but a
.barman, a person engaged in superintending the business, of
the different publicans who employed him. And when I talk
of what has been stated out of court, I must very re-
spectfully beg of you to discard from your recollections
all that you have heard or read, and be guided entirely
by all the evidence which will be laid before you. He
first served in the capacity of ba'rinan to his aunt, who
kept a public-house at Hounslow ; he then served somewhere
in the city. Another place be had held was at a public-house
in Oxford-street. He bad left that service about ten days
before this transaction, and went into lodgings, at No. 6,
West-place, West-square, Lambeth, where he resided up to
the time this offence was committed. It would appear that
he had deliberately formed a plan to make a direct attempt
on the life of the Sovereign. On the 4th of May, in the
present year, it will be proved, while he was living at the
lodgings I have mentioned, he bought a pair of pistols from
• a rerson of the name of Hayes, residing in Blackfriars-
road, for £2. He bought at the same time a powder-flask.
It will also appear that he practised shooting at a shooting-
gtillery in Leicester-square—at a shooting-gallery in the
Strand—and at a shooting-gallery at the west end of the
town. On Wednesday, the 3d of June, the week before the
day named in the indictment, he went to the shop of a per-
son of the name of Grey, with whom he had been at school,
and who lives in Bridge-road, Lambeth, and bought from
him half a hundred copper caps to use in firing pistols: He
asked Grey at the same time where he could buy some bul-
lets. He was told where bullets were to be had, and he said
that he had himself some gunpowder. On the evening of
Tuesday, the 9th of June, he had a pistol with him,which he
said was loaded, and when asked what be meant to do with it,
be refused to tell, but said he had been firing at a target. We
now conic to Wednesday, the 10th of June. Gentlemen, you
are probably aware of the custom of her Majesty Queen Vic-
toria, since her union with Prince Albert, frequently to take
an airing in the afternoon or evening in the parks, without a
military escort, and strictly in the manner of private life. It
will appear that on this Wednesday, about four o'clock, the
prisoner went into the park, and saw Prince Albert returning
from Woolwich, and going into Buckingham Palace. The
prisoner went up Constitution Hill, and there remained,
awaiting the approach of the Queen. At about six o'clock the
Queen, accompanied by Prince Albert, left the Palace in a low
open carriage with four horses and two outriders, who went
before, with no other attendants. Her Majesty was seated
on the left side of the carriage, and Prince Albert on the right.
The carriage drove up Constitution Hill, and about 120 yards
up the hill was the prisoner, Edward Oxford, walking back-
wards and forwards, whith his hands under the lapells of
his coat. He was on the right hand side of the road.
When the carriage approached he turned round, nodded, then
drew a pistol from his. breast, and when the carriage was
nearly opposite he discharged the pistol. The ball whizzed
past to the opposite side of the road, and in all probability
her Majesty was unconscious at that moment of any at-
tempt having been made upon her life. Ile then looked back
to see if anybody was standing near him, and drew another
pistol and aimed it at her Majesty. It would seem that the
Queen saw him aiming at her, for she stooped down, and
again the providence of God preserved her. The Queen im-
mediately drove on to the residence of her august parent.
There were a considerable number of persons on the
left side of the road, and among, them a man
of the name of Lowe, who rushed across and im-
mediately seized Oxford and took the pistols from him.
Lowe was for the moment believed to be the offender, but the
prisoner said, "It was I that shot at her." He was accord-
ingly taken into custody, and conveyed to the station-house.
There he voluntarily put the question," Is the Queen hurt? "
and on being told she was not, he was asked if there were
not bullets in the pistols, and he admitted that there were.
His lodgings were then searched, and in his room was found
a box he had admitted to be his, containing a sword scab-
bard, two pistol bags, a bullet mould, a black crape, a razor,
a'powder flask, three ounces of gunpowder, five bullets, and
fourteen percussion caps. There were also found a pocket-
book containing papers which I must read to yoa. (The
learned gentleman then read the 'documents purporting to
relate to a society called Young England, but as these docu-
ments have been already before the public, it is unnecessary
to repeat them.) Under these circumstances, and still sup-
posing the prisoner to be accountable for his actions, it will
be for you to say whether you have any doubt of his guilt.
Though the balls have not been found, I do not think there
can be on the evidence any doubt that the pistols were
loaded with ball. I now come to the second question—
namely, whether the prisoner was in such a state of mind
at the time he discharged the pistols as to be account-
able for his actions ?, I will at once admit that if it can
be shown that at any time he could not distinguish be-
tween right and wrong, that he laboured under some de-
lusion, that he was insensible to the consequences of the
act he was committing, he was not, according to the law
of England, an accountable agent, and therefore it will be
your duty to acquit on that gronnd. In former times, under
a statute of Henry VIII., the plea of insanity could not
avail against a charge of high treason ; but the law has been
altered, and it lies on the party making that plea to make it
out clearly and satisfactorily. He must show that not only
on former occasions there had been strangeness and eccen-
tricity of manners,,but that at the time the offence was com-
mitted the individual charged was not in such a state of mind
as to be an accountable agent. To establish exemption
from a criminal charge there must he a greater degree of
aberration of mind proved than would be necessary in a
civil proceeding to set aside a contract. The learned gen-
tleman here quoted the dicta of Lord Coke and Sir Matthew
Hale, and also a principle laid down in " Harrison's Prin-
ciples of the Criminal Law of Scotland," in support of his
proposition. He cited also the cases of Arnold, tried for
shooting Lord Onslow, of Lord Ferrers, for shooting his
steward, and of Bowler, tried before Mr. Justice Le Blanc
(in all of which cases insanity bad been the plea), to show
the strict proof required of insanity at the. moment the act
charged was committed. He also went at length through
Mr. (afterwards Lord) Erskine's defence of Hatfield in 1800,
and Lord Kenyon's judgment in that case. He next pro-
ceeded to contend that there was no grounds for contending
that the prisoner was at the time of perpetrating the deed in
a state of mind to exempt him from the force and punish-
ment of the law.
The following witnesses were then called :
Samuel Perks examined by the Solicitor-General.—On
the 10th of June I was in the park on Constitution Hill. 1
saw her Majesty leave the Palace • she was in an open car-
riage, and was accompanied by &ince Albert. After the
carriage drew near to me I saw the prisoner Oxford. He was
on the right side of the road ; I was exactly opposite to him,
a few yards off; he was walking with his arms folded, in ad-
vance of the carriage. The prisoner gave a nod towards the
carriage when it had advanced within 10 or 12 yards towards
him. I then saw him pull a pistol from under his coat with
his right hand. When the prisoner discharged the pistol he
was only five or six yards from the carriage. I was within a
foot of it. After the pistol was fired I heard a whizzing noise
in the air. I was then at the back of the carriage. As soon
as Oxford fired his pistol he turned his head round as if to
see whether any one was near him. He then drew another
pistol from his breast, I think with his right hand, and fired
a second time. He took a deliberate aim at her Majesty.
When he fired the second shot the carriage was three or
four yards in advance of the prisoner.
Dord Denman.—ln which hand did the prisoner bold the
pistol the second time he fired?
Witness.—ln the left hand, my lord. When the secont
pistol was fired three or four persons ran towards the pri-,
soner, and a man named Andrew Lowe was seized by mis-
take. Lowe had got hold of the prisoner, and took the pis-
tols from him. Lowe was the person who it was first sup-
posed had fired the pistols. A person named Clayton said
to Lowe, " You confounded rascal, what have you been
doing ?" On which the prisoner said, "It was not him ; it
was me who fired the pistol." Clayton and I then gave the
prisoner into the hands of the police.
Cross-examined by Mr. Sydney Taylor.—The pathway on
Constitution-bill is about level with the road. It may be a
few inches higher.
By Lord Denman.—Her Majesty sat on the left band side
of the carriage, Prince Albert on the right. The Prince was
consequently the nearest to Oxford. The back part of the
carriage was about half-way up her Majesty's back.
Joshua Lowe and Albert Lowe corroborated this witness.
Elizabeth Stokeley examined by Mr. Wightman.-1 am
housekeeper to Lord Bexley. I was on Constitution-hill on
Wednesday, the 10th of June. I was next the wall. I saw
the prisoner present the pistol and fire at her Majesty. I
was nearer the prisoner when he fired the second time. I
saw him change his hand, and immediately present a second
pistol, and fire towards her Majesty. The Queen and Prince
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of Buckingham Palace. I was on the garden side of the
road. I heard a pistol tired ; at that time I was about 25
yards from the carriage. I saw two young men near the
railings, when a female said, "There is the man who did it."
I at first thought it was Albert Lowe, whom I seized and
said, " You confounded rascal, how dare you shoot at our
Queen." The prisoner heard what I said, and lie replied,
" I did it ; I will give myself up, and go quietly." 1 then
seized the prisoner ; he was given into custody. I was very
.roughly handled myself, and taken into custody. I was
taken to the station-house and searched. I afterwards saw
Ib have
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the prisoner there. I asked fora draught of cold water. He
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I examined the
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pistols at the station-house and marked them. The pistols
haverel i beened'
were never out of my sight from the time I took them from
the prisoner until after I had marked them. Albert Lowe
and his uncle had both hold of the pistol when I first seized
it. It was the prisoner said, "I am the man who did it."
The pistol now produced is the same.
By Mr, Baron Alderson.—lt was about 15 or 16 yards