The Sun. — 1864-02-09 (London, England)

TUESDAY EVENING, FEBRUARY 9, 1864.  Dr. Gisborne, who was surgeon of the gaol, in whose cars the prisoner had been since his committal, were examined at the trial, and both deposed in the strongest m u ner that the prisoner was of diseased mind, and absolu insane. I think it right to call your attention at once to t-, subject, with a view to a correct opinion being form as to the  propriety of his execution. On receiving that letter, I, after reading ..its attention the  evidence on the trial—including of course t 1 e evidence of  the two medical men to which the judge had thus pointedly  called my attention—l confess the evidence did not impress me to the extent to which it had appeared to impress the  learned judge. But I felt that a judge who presides over a trial of this kind, whose whole attention is fixed on the  evidence, and who sees the witnesses give their evidence,  must be much more competent to form an opinion of the  weight which is due to such evidence than any other person who merely reads a report of it. (Hear.) I wrote to him, therefore, to say that it appeared to me that the evidence was by no means conclusive as to the insanity of the prisoner, and that I wished to know from him whether he had formed from the evidence he had heard given during the trial, as well as from the demeanour of the prisoner—which might be an essential element of consideration—an opinion of his own as to the matter; whether ho thought, in fact, that the prisoner was insane, and whether he did not think that inquiry should take place. I received from him, in answer to that letter, a second letter, which I will read to  the house. It was directed to the Under-Secretary : Norwich, Dec. 13, 1863. Sir,—l have received a letter, dated the 17th, requesting me to inform Sir George Grey whether the impression produced on my mind by the evidence of the two medical witnesses on the trial of Townley, coupled with the demeanour of the prisoner, were such as to induce me to believe that the prisoner is now insane ; if so, whether I think it necessary to have any further inquiry. I cannot say that I have formed any decided opinion on the point. The demeanour of the prisoner afforded tee no means of arriving at a conclusion. In fact, he sat on the trial with his head depressed, so that I scarcely once saw his countenance, and he never spoke. I should not be justified in saying that the evidence of Dr. Forbes Winslow and Dr. Gisborne is not correct, for I certainly think, and I have thought ever since the trial, that there ought to be further inquiry. I enclose a copy of  my notes. This is by no means the first case of a similar recommendation from a judge, after a trial has taken place in which a prisoner has been convicted of murder. In some of these cases the defence of insanity has been set up on the trial and failed. In some it was not even made on the trial. For a series of years cases have come under the notice of  myself and other Secretaries of State, by recommendations of the judge or from other persons, who, if of sufficient credit, have induced the Secretary of State to inquire into the state of mind of the prisoner. In some cases the inquiry has gone back to the time of the commission of the offence. I believe in most of these cases the result was a  commutation of the capital sentence, and the temporary re moval of the prisoner to a lunatic asylum. The right hon. gentleman quoted the case of Dallmore, who, tinder somewhat similar circumstances, had after being sentenced to execution, been removed to Bethlehem, and after being there found sane had been remitted to prison, and had the capital sentence commuted to transportation for life, which he is now undergoing. Ido not find the slightest fault with Baron Martin for making his recommendation. Comments made in some of the newspapers on the case seemed to imply in some persons a total ignorance of what the law of England really was as regarded the treatmeat of criminals who became insane. Quoting Blackstone and Sir John Hall (Solicitor-General in the reign of William