The Sun. — 1846-09-02 (London, England)

THE CONVICT JOHN SMITH. TO THE EDITOR OF THE SUN. SlR,—The case of the convict John Smith is one in which every one, even an advocate for capital punishments, may interest himself, because there were extenuating.circumstances in his case which induced the jury to recommend him to mercy. Why, as is the case in France, is that recommendation not considered decisive ? Sentence of death is never passed there after the jury have pronoiinced that there were extenuating cir cumstances in the case. How is it that we who boast of that palladium of British liberty, trial by jury, allow a judge to unite in his own person the judicial and executive powers, for it comes to that if the solemn and ever-to-be-respected recommendation of twelve English jurymen is to be overruled by the opinion of one man. Now, how has Baron Platt's mind been influenced in this case against Smith? It is said he was leaning to the side of mercy until the use of the knife was urged as a reason for hanging Smith. No doubt that cowardly weapon has been too much used of late, and ought to be put down by the most stringent measures, but I deny that Smith comes under that accusation, even although he did kill Sarah Tolleday with a knife, because the knife is almost the symbol of his occupation. He carried it about his person for necessary use—for professional purposes. He did not go in search of it. He used it in the heat of passion, finding it at his side or in his hand. He did not think or pause to meditate the rash act; it was the result of a sudden outburst of wrath, which the constant provocation and annoyance to which he was subjected naturally excited. Besides,t et us take into consideration Smith's occupation. He, as a cook, was necessarily exposed to a scorching fire, confined in a steaming atmosphere, and no doubt anxious about and harassed with his duties. I may say confidently, as a medical man, that the occupation of a cook must produce a greater amount of cerebral irritability than almost any other trade; indeed, it is notorious that cooks are extremely irascible ; their occupation is the cause. Combine, then, the provocation with constitutional irritability, and the furious passion is easily accounted for, and ought to be considered as an extenuating circumstance, especially when it is remembered that the knife was Smith's legitimate weapon, and was neither sought for, snatched up, nor unclasped with premeditation. Lord Tenterden sentenced a gentleman to be hung for shooting a fisherman on the banks of the Thames, because he went home for a gun and came back and shot the poor man. His Lordship said that act was the main thing which constituted the murder, for it proved malice right with p ,:memethdiattatico ans. e If,is therefore,arun rl l tLiosr LordrTenterdenoug iu thlas. for he ought, according to that interpretationur a the .law, to have recommended the ' to bring in a verdict of manslaughter, because Sjea seized a weapon which he was compelled to carry about his person, and without premeditation or malice, but after sufficient provocation, committed the rash deed; therefore, I maintain that he is only guilty of manslaughter; and, in my humble opinion, if he should be hung a legal murder will have been committed to all intents and purposes. I think, Sir, in conclusion, that the solemn recommendation of a British jury should, at all times, affect a sentence. Their powers want extension. If the chances of death were left in their hands none, save such monsters as Burke, Greenacre, or Tawell, would suffer. Justice would be administered with mercy, rather than with vengeance. We would cease to be accused as a people of possessing the most sanguinary code in Europe. The demoralising and barbarous scaffold would be removed with horror and disgust, and that dark and foul feudal stain, capital punishments, be for ever blotted out of the criminal code of a powerful, civilised, and commercial peorle. Sincerely trusting that public opinion may at least save one scandalous scene, I beg leave, Sir, to subscribe myself your obedient servant, P. M. M`