The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-03-01
High Treason
A Rare Crime

The crime of high treason has be-
come so rare an offenSe In modern
times, the very term itself being redo
lent of the medieval period, that there
are many people who are now prone to
regard the trial and conviction Of Col
Lynch as a monarchial anachronisn,
which ought not to have been tolerat-
ed.
high treason-the most heinous of all
offenses-embraces a considerable
number of felonies, for the committing
of which the extreme punis hment is
death. But so seldom has this been
resorted to in later years-the last in
stance dating as far back as 1920
that the term high treason and the Of
lenses which constitute it have become
Almost Entirely Forgotten.
The statutes on the subject of trea-
son date back to 1852, and one Of the
clauses then inserted as defining high
treason was adherence to the kff1SI
enemies in his realm, giving them aid
and comfort, in the realm or else.
where" But the penalty for such an
offense has, since those days, been
greatly moderated, If not in substance,
certainly in the methods of carrying
1t out On a conviction for high trea-
son in the fourteenth century the pun
ishment was, If the culprit were a
woman, burning at the stake, and if
man, slow hanging, cutting down be-
fore death, drawing and quartering.
During the subsequent centuries,
however, the laws of treason were add
ed to In manner so as to comprise
all sorts of petty offenses against the
sovereign and state; but by the acts
OF parliament of 1917, 1S48 and 1870
treason was more positively defined
and brought within more reasonable
limits. The punishment of burning
was done away with, the drawing and
quartering We're abolished, and hanging
or penal serVitude were established as
the only penalties in the
According to the statute of treason"
now standing, the principal offenses for
which punishment is provided are the
assassination of the sovereign, of his
consort, or of the heir apparent. The
attempt TO asSaSSinate or the conspir-
ing 10 do so, and even the endeavor
10 do them bodily injury are included
In the act as reasonable offenses. 1t
Is not generally known that any at
tempt, whether successful or not to
1mprison, restrain or abduct the mon
afch, or to engage or help in any
way, any of these objects, constitutes
Iigh treason; so, too, do acts of war
fare or rebellion committed by any
British subject against the established
government.
1t is twenty years ago since the last
trial on the charge of high treason,
previous to that of Col. Lynch, took
pace In England. That was when
MacLean was tried by a court pre-
SIDED over by Lord Chief Justice Col
erldge and Baron Huddleston at Read
ing. The charge on which MacLean
was indicted was for shooting at the
late Queen Victoria as she was leaV-
ing windsor railway station. There
was no question of the mans guilt but
on the the grounds of insanity he was
not hanged, but ordered to be confined
IN BroadmooR criminal Iunatic asylum
during her majestys pleasure"
In MacLean's case the charge of
h1gh treason must not be confounded
with the so-called treason felony
Tor which the Fenian dynamiters were
sentenced to penal servitude for fife
in 1887.
Perhaps one of the most famous
nigh treason cases of modern years
was the charge brought against Mr..
William Smith OBrien, the leader of
many bloody encounters between the
Irish rebels and the police during the
year 1S48. Mr.. O'Brien was found
guilty at Clonmel county, Tipperary
and sentenced by the lord chief justice
10 be hanged, afterwards beheaded and
then quartere6. But the late queen
committed the awful sentence passed
upon the beSht man in the Ballingar-
~ foight" to one of penal servitude for
lie. FIFTEEN years later O'Brien was
pardoned
The case of Frost, the Chartfst lead
er Of 1870, is another instance of a
man found guilty of high treason,
sentenced to death and afterwards par
doned. In fact, not since the year
1870 has an execution for the crime of
high treason taken place. This was the
now historical case of the famous Cato
T. a l.
nate chance, were arrested when on the
point of numbering the members of
the cabinet.
In every case death by hanging was
the penalty, but the guilty men were
spared the ignominy of further mutt
lation after death.
AT a time when England may be in
active warfare with another country
there are many offenses which may be
classed as reasonable. But according
10 the prerogative of the British crown
such offenses are dealt with bv means
of court martial.
In the kings regulations it is laid
down that sections 4 to "A of the army
act are to be read every month at
the head of every corps.
The fourth to the sixth sections Of
the act deal almost entirely with treas
onaDle acts, for which the extreme
penalty is death on conviction. After
The conclusion of the reading of Sec
tions to Al 1t is laid down that the
following notice shall be read:
Under the existing law any per.
son who shall maliciously and advised
~ endeaVor to seduce any person sery-
ing IN his majesty's forces by sea or
land from his or their duty and al
leS1ance to his majesty, or to incite or
stir up any such person or persons to
commit any act of mutiny or to make
Cd endeavor to make any mutinous as
sembly, or to commit any traitorous
or mutfnous practice whatsoever, NAV.
on being legally convicted of such Of
tense, be sentenced to penal servttude
for the term of the natural life of such
person"
In times of peace there are only two
methods by which a charge of high
treason may be tried. First, by the
house Of lords, as in the famous case
or Warren Hastings; and, secondly. by
court composed of the lord chief ius
tice, two other judges and a Jury.
Sixty years ago high treason cases
Were dealt with in much the same
manner as the recent charge against
Col. Lynch, many months elapsing be-
lore all the evidence could be collected.
But according to we'll known author
1ty the members of the house of COM
mons had very summary way of
dealing with traitors.
One particular instance was the case
or Mr.. Bradshaw M p who ubon