The Sun. — 1847-08-12 (London, England)

QUEEN. And she is even less fortunate than MARIE AliTOIN-srvria, las no foreign 1110119XCIII girdles on his sword, or adventures upon a chivalrous expedition in her behalf—as GUSTAVUS of Sweden did immediately before he was shot dead in the crowd of a masked ball. ISABELLA, therefore, can only look for security to herself; if she evinces resolution and patience, she will yet maintain the integrity of her throne, and thereby preserve Europe from the possibility of a continental war.  The propriety of a revision of our criminal code has long been recognised by every calm and dispassionate observer. Many acts, according to the strict letter of the law, come within the definition of, and subject the perpetrators to, the punishment allotted to offences of the highest magnitude. In such cases, a duty of the most painful character is imposed upon juries, who too frequently interpose themselves between the law and its victim, and notwithstanding the solemnity of the obligation by which they are bound, refuse to convict the party arraigned, although the presiding Judge may in the clearest manner point out the law, and explain the manner in which the accused has transgressed. In truth, in the great majority of instances, twelve men cannot be found to return a verdict by which their fellowman will be consigned to a painful and ignominious death, when they do not believe the offence of which he has been guilty deserving of such a penalty. The very severity of the punishment defeats its own object, and generally occasions the escape of the offender, and his perfect impunity. Thus, in cases of fatal duels, although there can be no doubt, that every person in any degree concerned is a particeps criminis, and according to law guilty of wilful murder, yet an instance can scarcely be found in which a conviction has been obtained, unless there had been something unfair in the management of the duel, or that it was occasioned by gross misconduct on the part of the survivor, or of his second. The Learned Judge will tell the jury, that they cannot find the prisoner guilty of manslaughter, that they must either convict him of wilful murder or entirely acquit him. There can he no compromise, as our code does not sanction any account being taken of extenuating circumstances, or afford any discretion to the Judge, in such a case, of awarding a lighter sentence. The almost invariable result is his absolute acquittal from the charge.  There are several other cases of a similar character to which our observations will apply with equal force; a strong illustration of which will be afforded by the trial of a man named MAURICE PERRY, at Bridgewater, on Monday last. There the jury, however, acted contrary to the general custom, and actually found the unfortunate young man guilty, many being in tears when they returned their verdict. The facts of the case were very simple. The prisoner, with other railway labourers, was drinking in a public-house on the evening of the 28th of June last. All the parties were more or less in liquor ; and a quarrel took place, between two of them, which ended in a challenge being given and received for an immediate pugilistic encounter, PERRY being the second to one of the combatants. After a few rounds had taken place, a man named SMITH interfered, and told them that they must stop fighting, for he was a constable. Some one immediately knocked him down, but it does not appear that the prisoner was in any manner concerned in that assault. BAILEY, the deceased man, then came into the ring, saying that he was a constable called in to assist, and that they should stop fighting. He was pushed out of the ring, but immediately returned. The bystanders were infuriated with the drink they had taken, and on his second entry he was knocked down ; he died almost instantly. The surgeon stated that there was an injury to the brain which might have been caused by a blow, and an injury to a vein near the collar-bone, which caused its rupture and occasioned instant death. There was conflicting evidence as to the participation of PERRY in this assault, one witness stating that he had struck the deceased, another that it was a man next him, and all parties agreeing that the other second—a man named