The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-01-30
MURDERERS NOT HANGED.
ESCAPING THROUGH THE TECHNI-
CdLITIES or THE Law.
English Gases that have some American Par
alleIs-CnpitaI Trials before the Insanity
rIeR necnme 30 Common Krmnrre.

having recovered from his insanity, calls to mild
the following three cases Of mar ow escape from
the eallows. The FIRST Of these instances "a re-
ported IN Russell n Hyan's Crown Cases Re-
served " Is this: Benjamin Pooley was indicted
capitay the statute n George ILL.,, G. 80, g. l,
and was tired before Sir A'an Chambre, at the
Old Bailey Sessions, ia September, 1900. One
count OF the indictment charged that the pris-
oner had felonlously secreted a letter contain
ing draft sor payment ~ money, which came
to his hands and possession In ms employment
AZ n sorter Of letters In the general Post once
Ia London. Another count charged that he had
stolen draft out Of q letter that came 10 his
hands In like manner.
The draft described In the indictment was
made by David Thomson. directed to his
bankers In London, requiring them to pay Archl-
bald Thomson or bearer, 200. 1t was dated at
London but drawn at Teston. near Maidstone,
where the drawer lived, upward of twenty miles
from London; and when produced IN evidence
seemed to be on unstsmped paper. The jury
found the prisoner guilty but the sentence was
resulted In order to take the opinion Of the
Judges, whether the draft, under the circum-
stances, could be received In evidence, and was
sufficient TO support the indictment. In the fol-
lowing term, 1900, this case was argued before
all the judges VA the Exchequer Chamber by
Mr. Abbott (.fterward Lor Chief Justice and
Baron Tenterden) for the crown, and Mr.. knowl-
tlb [ AltefWufu hecufutf OF IpnuOnl Tor Tue pflb-
Oh,r Iheir Lprdships we're UNANIMOUSLY oi
opinion that the conviction wes wrong; that
the draft not being stamped was ofno, value, nor
IN any way avail BE, and, therefore, tn 1 II was
not hill or draft within the act. Judgment
was consequently arrested.
1RIED IN THE OLD BAILEY.
The prisoner. however, VINO had been dscov-
cred in the commission ~ more offences than
one, was indicted captally on another section
Of the same statute for stealing out Of the Post
once n letter sent 10 be- delivered by the post
lie was tired for this before Mr. Justice Law
renee a. the Old Bailey JHnuar, sessions In 1901.
nd was found guilty and sentenced TO be
hanged; but the court entertaining doubts
whether the second section Of the act applied to
Servants Of the rost ofiicc. ganst whose mis-
conduct the rr-t section Of that act was intend
ed to guard. aud from which II might be IN
ferrrd that. the Legislature did NOT conceive
that tn. embezzling Of a letter by those servants
was a larceny, reserved the question for the
The case was argued before all the Judge. on
the 81 Of MAY, lsOl; by Mr.. Knapp for the pris
| oner. and Mr. Abbott for the Crown o. the
nrst day of Trinity term lsJ2. the majority Of
| the judges held that the prisoner, 9ppeMing On
Post once at the time OF taking or secretine the
! II tute ~ C;cotgr III g. "a. md therefore that
the conviction was wrong. lie was accordingly
| recommended 20 the Crown tor "A pardon and
! tins he obtained. instead ofbeing hanged. whic'
! he certainly would have been, had tue law gone
| against him.
Guild MrRDERrR's ESCAPE.
The ncNt instance, also rcplticd In " Russell
! 4 Rynn's crown ,ase. Reserved. d" was most ex-
TT ordinary. one Jane Fletcher was convicted
| before Sir An Ch1mhre. at the -uring Assizes
| IN Hereford, lssi, upup an indictment Tor the
| immcdi itcly passed uron nor. hut. IN pronoun-
| eng the judgment, tnlt part Of u which related
O. the dissection ana an. tomilt alton of the tody
| happened to ue omitted. Ihe other cunyicts
| being In court to be- sentenced, the attention Of
/ the Judge was drawn oil To- them, .nl when
"a business being u" Last rem 'iuing 10 ne
done In court, was over, the court " - adj lurued
TO TIE Judges lodgings. Tue Judge dis not til
some time after he mad arrived at the lodgings
recOileci the omission. The calcnd was taken
to him on the same evening. ana IN the calendar
the dissertion aud ana ,nmilins of the nody
were stated Us part Of the sentence, and he
sgned the calender at tie lod-iues. His lord.
shin wa-. however doubtful how lar that should
remedy the defect u the sentence pronounced
in open court, aud what would be the legal con-
sequence Of not having concerned literally to
the directions Of the statute. the - George II ,
g. 9, he therefore respited execution until the
~ day ~ NAV. and directed tho particular re-
to be omitted until L III ". the .gtn OF April. in
order to have the portunity IA the me IA time
t. he taken IN Ter these circumstances.
tn. case " taken INTO consider stion by al
the Judges tiSscmhl"d AZ Lord Ellcuhoro ri'
chambers on the %7th Of Aunl, 1913 being the
lr.i day Of Elsier term, ANA a. there was con.
to the lr~t day of Trinity term. ON the lOtn OF
June, .o,i. telug tue first day OF Trinity term,
ug M Debated. ANA the Judges were equally az
yid,d tn ,".inipn., l"ri iiien9orogss4, CYief
ticr ~ the Court OF Common Ileas, Sir Aren't
b Id NAcd maid, thi.i ban ~, and the iuisne
fIs e
the opinion TINT tho omission Of dissecting amt
anatomizius III the sentence pronounced dld
not o., vent the attainder taking place ana thgt
il would not oe an error II the dgmrnt were
form .ly drawn up, emitting that part II the
sentence. The puisn- Judges. Hotham. Crosse,
Thomson, Lawrence, lie Blanc, ana GRAHAM,
were VI a contrary opinion, namely, that the
marks Of iufamy directed bv the 'atute were "A
material port az the sentence, ana ihat Jidg-
meHt emitting such pant would lie erroneous.
An the judges agreed that the omission In the
senteuce might have been r.medied by the
Judge going again into court, AZ cr tbs adj purn-
ment from the lodgings, and ordering the prs-
| oner to be ~ in brought up, ami then passing
the proper judgment. as the sentence mignt tie
| corrected or altered al any tns during the as
sizes. Upon this difference Of opinion n was
resolved that the prisoner should be re9lisVcd
generally, and that applid alton should tc W idc
to the crown Tor u pardon On cOnaltlon Of trans
ANOTHER MrRprRrR's Esc ,pE.
The public Indignation in this city AT the i'm
munity OF the murderer Scanneli from punish
created In England Ly the escape ~ the mur-
dercr william Sheen from justice through the
str,ctncss OF the ". Sheen had child 10y q
woman named iieadle whom the parish officers
induced him. by present Of A, TO marry Inn
mtdiattlN alter The child tlrth. On all evening
In May, 1877. sheen took the infant from the
mothers lp, when II rested asleep, and plac 10
IL on the hcd. stretched himself beside II. lie
then sent the mother out to buy some neCessa
lies for supper. On her return the severed mead
table. the ewes liked to~drI the door ; the de.
Capitated tlunk remained on the bed. Tue
whole ncig lbOrhOod WAS aroused, uut the father
had lied. lie was tracked through many coun
ties by detective IA disguise, ana was az st ar
res ed In Ii iuVdduruiawr IN Malcs. Ills clOthc,
slll bore - ms Of bloc D.. CnrOnrrs jury
found him guity Of the wiful murder vi
Charles WI ham Beadlr, "ud on the 1T ui June
ISL, ne was put ON trial ~ the Oid Bailey.
Tue circumstances detailed we're proved, but
an objection WAS taken ~ the prisoners Coun
sci ~ to the suficiency ~ the description Of tho
child, whom the examined copy Of the registry
OF baptism PUT Ia evidence, called "Chdrlel
William, the son Of Lydia Bcadlr.' thus moi
positively showing that the Guilds right sur
name WAS lieadle. THIS was held bY Mr.. Justi ~
HOlroyd T. be fatal 10 the indictment. and
verdict Of not guilty. was returned 10y the jury
!, their foreman declaring that they would moi
have given that verdict on any other account
than on point OF law. Application WAS, now
ever, u.ade To the Court that the phi oner should
he kept In custody, with "A view To the present.
ment OF new Indictment to the Grand Jury.
AN oUTCAsr
At the ensuing sessions second bill ~ in
dlctment was found with the formal error r
rectrd ana provided against, and the prisoner
was put on his trial on the 18Th of July hefor,
Sir James liurrOugh and sir Joseph Llttledale
Judge,, and MIR. Newman Knowieys, Recorder
OF London. A plea of previous acquittal wa
, put In, and evidence was given that the rea
name OF tho child was sufficiently well knOwG
TO have enabled the prosecutors TO state II Drop
erly In ths first Indictment. justice burrouii
told the Jury that the prisoner ought not TO b,
, diet accordingly and the murderer WAS dis
l.aas