Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-16
NOT GUILTY.
A Woman who Commits n Crime at
the InstIgatfOn OF her Husband is
not Guilty.

A woman who Commits n Crime at
the InstIgatiOn OF her Husband is
not Guilty.
From the New York Tines.
A new foIm OF crime has been invent
ed in London, and, unless legal provis-
ion is speedily devised to meet the con-
tingency, we may expect to hear of nu-
merous instances of is commission. The
novelty consists, not in the deed perpe-
trated, but in the method whereby pun
ishment is evaded. For some time the
English press has given unusual atten-
ton to certain robbery of diamonds by
a Mr.. and Mrs. Torpey; aud in the issue
of the trial of the latter person, is illus
trated the new form of crime. To Ct a
clear view of the matter it is necdful to
reCite its details.
On the 18th of January last, a gentle
man called at the jewelers. shop OF
Messrs. London & Ryder, in New Bond
street. He asked to see some diamonds,
and some were shown to him. He then
made an arrangement for shopman to
take certain articles of jewelry TO house
in Upper Berkeley street. His name he
left as Mark Tyrrell, and observed that
the object of the arrangement in ques-
ton was that of showing the diamonds
to his wife-iOr whose use they were in
tended-before completing the purchase
The shopmaD, one Parkes, went in due
time to the house, and was met at the
door by MIR. TyrTell, who apolOgized for
the absence of a servant, and conducted
his visitor up stairs. When they en-
tered the drawing room Mrs. Tyrell-
otherwise the Martha TUrpey who has
lust been tried for the robbCry-was
seated by the fire. Parkes soon took the
diamonds from their cases, and exhibited
them to the husband and wife. Vari d.
remarks were made on the beauty of the
gems, their cost and relative desirsbility,
ard then Tyrell proposed to his wife that
she should call her sister, Gho was said
to be in the next room, TO get her opin-
ion on the subject. The woman left the
room as suggested, leaving Parkes stand
ing with his back TO the door by which
she went out. In q few moments she
came back and said her sister would be
there directly. At the same instant she
passed behind the unsuspecting Parkes
and crammed handkerchief, saturated
with some aDGsthetic, over his nose and
mouth. Simultaneously, Tyrell rushed
upon him from the front and pinned his
arms against his sides. A struggle en-
sued, Farkes trying to free his arms,
and occasionally escaping from the
handkerchief; but Tyrell Or TOrpey con-
tinuing to grapple with him, and the wO-
man TO follow him up, and to thrust the
handkerchief against his mouth and nos
trils. At last Parkes was thrown on a
sofa and became insensible. When he
|, recovered ne found himself bound hand
and foot, while his male assauant was
standing over him. The woman was
gone, probably 10 put the jewels in some
| secure place, and the man, after caution
ing lis prisoner to make no noise under
pain of death, and saying that in short
time some one would come AID release
him, disappeared als0. After awhile
PaIkes cOntriVCd 10 free himself and
made his escape.
OF course the alarm was given, and
equally of course the birds had flown.
In the sequel TOrpey got off safe to the
continent, where he is still at large, Ia
king with him the diamonds. The pO-
lice, however, managed to capture the
womGn-WhO lad none Of the booty
and the other day Martha TOlpcy was
put on trial for the robbery. All the
facts as we stated them were duly proved
and the case given to the jury. In seven
minutes, and without leaving the box,
that Jury brought in verdict of not
guilty, al d the prisoner was thereupon
discharged. This singular looking con-
clusion was arrived at upon theory Of
great antiquity, but Que, we should sup
pose, that must be growing more and
more distaseiul to certain class Of
progressive thinkers. This theory
consists in the legal fic ion that q woman
has no existence save through and by ia
vOr Of her husband. The Recorder, in
summing up for the jury, charged them
that the presumption of law was that
when an act was committed by wife in
the presence of her husband, it was done
under his control. Mr. M0ntagu Viii
liana, who urged this Line of defeEse
with remarkable ingenuity and eloqucnee,
insisted that Mrs. Torpey had been ac-
tually coeIced by her husband to do as
she had done; and The effect of his glow
ing periods was enhanced by the prison.
er, who wept silently throughout his
speech, while her baby, in the arms of a
female warlCr hard by, set up "a feeble
little wall. To the eye of common
sense the robbery was a clear case of con-
spiracy; to the eye of the law the &C
cused was the innocent tool of wicked
husband. She consequently left the
dock not only scOt-free, bet, in tcChni-
cal sense without stain on her charac-
tel; and by thig time, no doubt, is sharing
with her lord the fruits OF their audacious
enterprise in some town of southern
France or sunny Italy.