New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-05
SELECTIONS FROM THE MAIL
TIE MAVERICK CASE.
HAS ENGLAND's MAGMA CHARTA BEEN VIC
lATEDl

HAS ENGLAND'S MAGMA CHAkIh bEfN Wv
LATEDl
To the Editor Of The Tribune.
sir: The eloquent appeal TO the British Home
oece made by "Gail Hamilton In your Issue OF DC
tob,r os for the release of Mrs. Maybrck from Wo-
inc Prison Is, As your leading article theron JUST
X remarks not only "a lucid review Of the evrichce
mon which the prisoner Convicted but IL ue'
caedly marshas the facts In favor oil her innocence
with such cumulative force as to warrant the con
clusiOn that tie Home Secretary Will De Ju'uneu III
reopenlns the case
No doubt Mr. Asqulth will give careful attention
to The important plea set forth by Gail Hamilton
who could be expected to use all the arguments
which might be advanced In favor of the release oi
Mrs Maybr!ck.
For arguments sake alone let us look at this case
from a point OF view omitted by " Gail Hamilton
a point however which the intelligent public In
America and En- gland do rot expect that Mr. Asqnih
will furnish occasion to diatc upOnviz that he SUI
does not see his way to comply with tho prayer OF
those who plead for Mrs Maybrick's release foFtn-
natey for The lovers OF justice In every quarter OF
the globe, who taking more and more interest III
the victim incarcerated In Wokng Prison. TINS quco
lion has already been anticipated b. Mr. HeathcOtc
IIardnse In his letter in this case In The Evening
News and Post OF October 81. You Will sec from that
letter that the writer asks, "Why Is Mrs MaybricK
retained In prison the opinion OF two or three gen
emem that she is guilty Of administering arsenic with
"A felonious intent2 Why do not these gentlemen take
the public into their confidence by reporting their
rem sons for arriving at such decision and so report
Ing that the public. both In England and in America.
NAV see clearly that there has possibly been some
reason for the views entertained = Such request Is
so fair to all who interested In MIS-. Maybrlchs
case that 1t cannot justly be refused
But this Just request contains more than to super
fcla observers 1t may appear do at least sucn Is
my opinion. The English n Christian nation,
pride themselves the fact that their laws are
founded Oh the law given in the Bible-and so they
are. Magma Chsrta is considered to be SO fourd d
and Magma Charta declares that no one Is to he de
tanned In prison for any great length OF time without
having first been tried according TO the law OF the
land Henry IIl's First Great Charter also
declares that ono freeman shall be seized, or In
prisoned nor will condemn him. nor VIII We
commit him prison. excepting by the legal judgment
OF his peers or by the laws OF the nnd"-XXXii, 30
This Is really tn. same thing given In Magma
Charta xXxix 50. And In the Third Great Charter
OF Henry III Coke tells I'd Inst. 43 30 ard A. ua'
though the wit pr vent unrcd prisoners being Rep
long prison without trial was abolished, yet II Wa
subsequently, 42 Edward III, c. u revived, so that
II Is still in force. And Iallam {" Middle Ages,' Oh.
g. part lid Gays that nothing could be more Illegal
than the conviction OF the Earl Of Cambridge ana
Lord Scrope In l4l5 If It be according Il Carte
and Iume) that they not heard In their deicn'e
And he calls attention to passage IN sir John FOR
tescue's treatise, De Laudibus Legum Angae where
It Is laid down that a King OF England cannot nj
his pleasure make any alterations In the laws OF the
land without the consent Of the subject Plwic
slso arg 6, st. IT, 1853. informs US that The Two
Crent pillars OF the government parllamcnts and
iuries. II is these he SAYS which give Us the title
OF freeborn Enellshmen for" he adds, my notion
Of free Engnshnen Is ths-that they are ruled 10y
laws Of their making, ard tried by men 81 TIE
same condition themselves" History tell Us tha'
the star Chamber exercised an Illegal control over me
ordinary Of justice. and that 1t "infcitd sever
punishment beyond the usual course CT justice. III
l. known that some one had bundcr'd' vii II tie
order was given for that famous charge Of the Light
Brgade in which COG English cavalry charged
whole Russian army at the battle Of IalaklaVa and
4, Is known likewise that some las blnndcrd' III
sing an order Tor penal seIviIudc for life on MS
Mayl1ct such order being damctrically opposed 10
Eneland's Great Charter, we'll a 10 her other laws
for the security the subject from conviction
INT a noble na'ion like England Will rccuiN an error
Of judgment. She as Christian milton, - require
10 Judge righteous Judgment and 10 prove all
things to enable her to judge the people with
equity, Mrs Mnysnck must be set free. In the
opinion Of the rejecting people In England ana
America otherwise the Great Charter OF Ensland VIII
! n Violated TRITON.
London, Dec 90 1909.