The Sun. — 1852-04-09 (London, England)

AYERS—who had been convicted of murder at Winchester during the late assizes. We believe that the clemency extended to these parties was not cwing to any doubt as to their participation in the offence, but in consequence of the unsatisfactory nature of the evidence against them. Had it been otherwise, if any reasonable question could have existed as to their guilt or innocence they would have received a free pardon, in place of a commutation of punishment. But in their case the evidence was fairly admissible, and should be considered by the jury for as much as it might be worth, whereas on KEENE'S trial the inculpatory statement should have been altogether dismissed from the minds of the urymen.  But—it may be objected—the illustration is unlucky, seeing that all reasonable precautions were adopted in the instance of the Birkenhead. Not so! It is true, that before the vessel struck on the rocks off Point Danger there was the man at the wheel, steering steadily according to directions, S.S.E. E., with a berth of about four miles from Cape Rangeliff. True, that the night being calm and starlight, with land visible from three to four points on the port bow, and with a long swell setting in on shore—look-out-men were placed and a leadsman was on the paddle-box. But—the course itself was an evidence of grievous want of proper precautions. They were hugging the shore too closely, for the purpose of making a " short cut ;" and this, moreover, still going at the rate of 8i knots. Besides—about the middle-watch the leadsmen suddenly got soundings in twelve or thirteen fathoms, thereupon informing the second master—yet the ship's course was not altered. What says Commodore Wvvria. upon this subject in his dispatch to the Board of Admiralty ? Writing from Simon's Bay, he says distinctly—" When soundings were first struck, had the helm been put to port, the ill-fated ship might have escaped the danger." As it was, no such ceder was given by the officer of the watch, and before the leadsman could get another cast the ship struck, and he found seven fathoms alongside,' ith two under the bows and eleven by the stern. Twenty minutes afterwards the noble vessel was completely broken up, her hull submerged ai: d her spar 3 floating over the surge, with 454 unhzippy mortals abandoned to a sudden and appalling destruction. Surely, then, there is an utter absence of the 7o zpE7rov in this declaration that sufficient precautionary measures were taken in reference to the management of the Birkenhead ! Of the heroism, the self-possession, and the discipline of the poor soldiers involved in this calamity, it is impossible to think without admiration. Admirbble as the spectacle of their endurance is, however, in the remembrance, it is altogether too touching in its solemnity to be viewed otherwise than with emotion. Quis talia-fando temperet a lacrymis  We are not the opponents of capital punishment in every instance. There are cases of wilful, premeditated, and deliberate homicide, in whiob, according to our views, the extreme sentence of the law should be carried into execution. We know, however, that many amiable and estimable individuals, differ from us in this opinion ; we only now allude to this point to show that it is not owing to what has been—we think very improperly termed—a "sickly sensibility" or " morbid feeling" on the subject of capital punishments, that we have put forward these views, in which we trust we shall be supported by many advocates for capital punishment in extreme cases, as well Rs by its conscientious opponents, so that the result may be the preservation of the unfortunate youth now enduring the r.nguish necessarily occasioned by the contemplation of the terrible tragedy in which be is to enact the leading part at Horsemonger-lane Gaol on Tuesday morning.