The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-22
ENGLANDS TREASON TRIAL.
Col. Lynch's Predecessor ~ TraitOr-The
Procedure and Punishment.

Col. Lynch's Predecessor ~ Traftor-1he
Procedure and Punishment.
Col. Arthur Lynch. member Of the British
Parliament for Galway, has been indicted
for high treason by a special Grand Jury
OF Middesex, and will he called on to plead
TO the indictment In January next. The
charge against him is that he actively
assisted the sovereign's enemies. and is
based on the alleged fact that he COM
handed the so called Irish brigade, in the
army of the South African republics during
the recent war. COL. Lynch was arrested
six months az ,, on June II. when he landed
n England on his way to take the scat n
Parliament to which the certainly un-
terrified voters Of Galway had chosen him.
and has been In pri son ever since.
In receiving the bill Of indictment from
the Grand Jury, Lord Chief Justice Alver-
stone remarked that it was sixty-two years
since a Grand Jury had had to consider
charge Of high treason, which was the
highest crime known to British law. He
referred to the indictment Of John Frost,
Esq, a magistrate Of Nom outhshre. who
in November. 1880. levied war; against
Queen Victoria during the hartist excite
ment.
Frost and his son, at the head OF nearly
10 600 Chart Is, entered the town OF New
hart Monmouthshire on Nov. I 1889. and
refused to dispense when ordered TO do 10
by the Mayor. They broke the window of
the hotel where the ma gistrates had gath.
cred and fired upon the officials wound
ing several. small detachment OF soldiers
thirty in ALL fired upon the mob, which fled
aving twenty dead and many wounded.
Mr.. Frost and other leading Chartists
we're arrested the next day, and Oh trial.
we're convicted and sentenced to death.
The punishment under the law was the
infamous and barbarous one Of the middle
age: they were condemned to be hanged,
drawn and Quartcrod or, as the sentence
reads, ito he drawn ON hurdle Ia the place
of execution. and there TO be hanged by
the neck, but not until you be dead; and
then being yet alive to Ike let down. and
your bowels taken out before your eyes,
and your head TO be struck of and your
with the he ad, at the disposal of the Crown.
The sentence was not carried out in the
case Of MIR. Frost, for an act Of George Nv. 9
] time gave to tho sovereign the power To
init gate the punishment. The cOnvicts
under this were sentenced to transportation
| for life, and sent TO Australia, where they
| lived until 1885 An act Of amnesty was
| granted TO them in thai year and along
| with William Smith O'Brien and others
| they returned TO England Mr.. Frost Gied
in 1877, in the ninety-seventh year OF
| his age.
This was the last trial for high treason in
| England. The trials of Fenians were on
| charges Of murder, and often of treason
| felony, a crime defined bv the act Of 1875
known "a the Treason-Felony act. Under
| this no such punishment as could be imposed
under the treason acts was permissible:
convicted prisoners were punishable by
hanging or less capitally.
The procedure in the coming trial Of COLI
Lynch is regulated by many old statutes.
Col. Lynch may not be bailed, unless by
order Of the Secretary of State for the
Home Department; nor Is he clergvable,
though that fact is of no practical inter-
est nowadays. He will be tried in the
Kings Bench Division Of the High Court
Of Justice, and not less than five days be-
| fore he is called to the bar will receive
| copy Of the bill of indictment. II he has
no counsel. the court will assign counsel
| to him, and will obtain his witnesses Just
| as it would obtain those for the Crown,
/ To convict Col. Lynch. unless he confessej
| in open court-third-degree confessions
are not accepted-the oaths OF two wit,
nesses to the same overt act are necessary
| and two days before trial, the names Of all
| the Crowns witnesses are 70 be submitted
| to him. If he is convicted, he may DO
| hanged or beheaded. or punishSd in a
| lesser degree. The last persons bsheaded
| in England were Thistlewood and his fe-
| low Cato-street conspirators, who suffered
| death by the axe as traitors on May I, 1890.
The proceeding was SO repugnant to modern
and hanging made permissible. The ut
most that Col. Lynch may expect, il he Is
found guilty. Is probably life imprison-
ment.