The Sun. — 1854-01-24 (London, England)

BROTHERTON. It is, therefore, seriously to be hoped that during the next session the memorable declaration made by Sir J. PAKINOTON during the last--" We have out-grown our forms" will be remembered ; and that the masterly treatise in the current number of the Edinburgh may be found to have led the way to a series of extraordinary and comprehensive improvements in the machinery of legislation.  M. Vic-roil HUGO recently published a long and eloquent letter to the inhabitants of the Island of Guernsey, calling on them to free their beautiful island from the reproach of encouraging and sanctioning the infliction of capital punishment. The case of JOHN CHARLES TAPNER, ROW lying under sentence of death in the public prison, the execution whereof has been respited until the 31 of February, elicited this communication from the distinguished writer. We fear, however, that he has, although with the best motives, interfered on erroneous grounds, and that his address, able and brilliant as it is in many particulars, may be prejudicial rather than serviceable to the unfortunate prisoner, whose claim should be for justice rather than for mercy, inasmuch as he was condemned on evidence which could never have obtained a conviction before an English Judge and an English Jury, and also because of the attendant circumstances—the manner of his trial, the stringent and inquisitorial cross-examination to which he was subjected, and the unfair inferences drawn from trivial contradictions in his answers, all of which are so repugnant to English feelings and English laws, that, if his guilt was thereby clearly brought to light, we should object to the unfair proceeding, and regret to see the punishment founded thereon carried into practical execution !  IL -VICTOR Huoo directs his arguments against the propriety or expediency of the extreme penalty of death being inflicted in any instance. On this point he reasons acutely, but not sufficiently so to change or even disturb the opinions we have arrived at after calm and mature consideration. It is, however, unnecessary to enter into any discussion on this point at this moment, inasmuch as we both endeavour to achieve the same object, the reprief of the prisoner, although we are influenced by very (Efferent reasons for so doing. We may, however, here say, that, widely as we differ from M. HUGO on the basis he has taken, we willingly admit the excellence of his motives, and recognise the great ability of his address to the people of Guernsey.  If we believed that JOHN CHARLES TAPNER were really guilty of the threefold offence laid to his charge, and that he had received a perfectly fair trial, we should certainly not interfere on his behalf in any way. So far as we were concerned the law might take its course without remonstrance. The offence was of the most atrocious character. There was apparently a coolly premeditated murder, which had not even " the wild justice of revenge" for an excuse, if excuse it could be considered. There was not, and could not have been, the slightest animosity against the unfortunate deceased. The murder,. if committed by TAPNIB, was merely for the sake of a few pounds, which he hoped to appropriate to himself ; and for that paltry sum he was willing not merely to commit robbery, but also murder, with the view of concealing that robbery—and arson, to prevent the detection of the double crime. The very position in which TAPNER was placed—his superior education and employment in a public office—would only have aggravated his guilt, and rendered the infliction of condign punishment a matter of still greater necessity. But ' on the closest and most searching examination of all ikat was adduced against him--even with all the disadvantages to which he was subjected—we do not think that the case was established beyond the possibility of reasonable doubt. And were it otherwise, we could not see any British citizen a native of England acknowledging the same allegiance as ourselves—executed under circumstances so totally opposed to all our notions of fair play, and of the privileges that should be accorded to the most degraded criminal. We shall enter into the consideration of the last point in the first instance, and show the unconstitutional mode in which the whole of the proceedings were conducted, and the great disadvantages to which TAPNER was exposed in conducting his defence, as well from the preliminary steps taken as at the actual trial.  And here, before entering into the point, we desire to free ourselves from misconception. We do not wish to be taken as accusing the jurcrt, but as protesting against the entire system— as asserting that the QUEEN'S Procureur transgressed the strict line of duty, for the purpose