The Sun. — 1864-01-07 (London, England)

THE RESPITE OF TOWNLEY. Mr. J. G. CROMPTON rose to ask Mr. Mundy,  M.P., whether he, as chairman of the visiting jus tines of the Derby County Gaol, had had his atten  Lion called to certain circumstances which had re• eently taken place within its precincts, and whether he was aware that a certain commission, composed of borough magistrates, had sat for the purpose of inquiring into th© state of mind of the convict Townley? He believed that the report of that commission had led to an event which was deeply deplored throughout the country, and he quoted an authoritative paragraph from the newspapers of last Thursday in support of his assertion, that the certificate signed by those justices had materially influenced Sir George Grey in his decision. He would not say that it had been entirely instrumental in obtaining the escape of Townley, because it was well known that another and higher commission had sat, with a view to ascertain the state of mind of this unhappy man, but it evidently had had an effect. He noticed in another paper usually sup posed to be the Ministerial organ, an article evidently written for the purpose of exculpating the Home Secretary, and stating that the respite of Townley was a purely administrative act, and that he only acted according to the directions of the justices who signed the certificate of lunacy. This had led to a result which, as he had before said, was deeply to be deplored. The Act of Parliament had been made use of by those interested in the defence of Townley to introduce into gaol a commission, formed of certain justices who had previously formed:and expressed an opinion upon the case which they were to investigate, and he need not say that it was highly important to the community that such investigations should be conducted by  persona who are perfectly unbiassed, He found that these magistrates had previously, one and all,  signed a memorial stating it to be their opinion that the convict was insane, and praying Sir George Grey to send a commission to inquire into the state  of his mind. These were the gentlemen who were called in to give the country an unbiassed opinion upon a case of this importance. Two medical men hld assisted them in arriving at this opinion. One of them is the partner of another medical gentiemaa in Derby who give most po Nertul evidence in favour of the prisoner, and who holds the office of surgeon to the gaol, and who himself had previously signed this petition. With regard to the other surgeon it would be only necessary to remark that he, too, had signed the same document. In such a case as this the public are entitled to be made thoroughly acquainted with all the facts of the case, and they have a right to demand that such a commission should be properly selected. It ought to have gone through its proper channel—that of the visiting justices. (Hear, hear.) He greatly feared that this deviation from the proper course had led to a signal failure of justice—(hear, hear)—and he believed that it was generally considered that this was actually the case. It gave just grounds for a suspicion on the part of the general public that the rich man does not reap the same punishment for his crimes as the poor man does, and that such an idea should gain ground was much to be lamented. (Hear, hear.) He thought that any act which they, as a body of magistrates, could do in order to manifest their disapproval of the present very unsatisfactory state of things ought to be done. A murder had been committed, and the murderer had been tried in open court, found guilty, and sentenced to death. The jury, by their verdict, declared themselves satisfied with the evidence as to the prisoner's responsibility, the judge declared himself satisfied with that verdict, and after all that a secret tribunal was sent down to the Home-office to report as to the prisoner's sanity. He called the attention of the Court to a remonstrance which had been framed, which the Clerk of the Peace would read. Mr. BARBER then read as follows : To