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

TREATMENT OF CRIMINAL LUNATICS.  Sir G. GREY, in rising to bring in a bill to amend tl-e ls.w relating to the car and treatment of criminal lunatics, said—Sir, I think I ought at the outset to state to you what is the existing form of the law on that subject which I propose to amend. The present law is contained in the 3d and 4th of her Majesty's present reign, chap. 24, see. 1. That Act was an amendment to the Act which was previously in fotee-9th and 10th Geo. IV., chap. 40, sec. 53. That was a general Act to amend the laws for the regulation of county lunatic asylums; and the object was more eftectu• ally to provide for the maintenance of criminal lunatics in Eugland and Wales. Explaining the condition of the law before the present Act, was passed, the right hon. gentleman said it might be considered as applicable to two classes of nrisoners only, who on -being certified to be insane, might removed to a lunatic asylum. The two classes of priaol'ets were those undergoing a sentence of imprisonment in boreassa or county gaols, and those under sentence of transP!'run'on ; and the Act provided that they might bo certified to be ineane by two physicians or surgeons, and on the certificate being received by the Secretary of State, it should be :await tor him to direct, by a warrant of removal, that the person SO certified to be insane should be removed to some lunatic asylum, there to be detained until he was certified to have become sane by two physicians or surgeons; in whiyh. case, upon, the receipt of such certificate, the Secretary of State, if the term imprisonment were expired should be empowered to discharge him, and it not expired, to send him back to prison, with a view to his undergoing the remainder of his punishment. In 1840 that provision was revived, and the present law was passed making material altenltions. The first alteration related to the class of prisoners who were included in the operation of the law. The object of the Act seems to have been to remove insane persons o f all descriptions charged with any crime from the prisons in which they were confined, and to subject them to proper medical care and treatment in some lunatic asylum. The first alteration in the law passed in 1840 was that all classes of criminal lunatics were included in the provisions of that Act. The right hon. gentleman quoted the Act, which specified that the inquiry into the state of mind of the suspected lunatic prisoner was to be conducted by two justices of the county, borough, or place where he was confined, assisted by two medical men. The Act, therefore, he said, threw the responsibility upon the justices. is under this Act that the case of Townley has occurred—a case which has properly excited a good deal of public interest, and with regard to which I feel it my duty to give the fullest explanation of the whole of the circumstances which occurred. (Hear.) It is well known that Townley was convicted of murder. 1 need not enter into the circumstances of the crime. It is sefficicnt to say that he was tried for wilful murder, convicted, and sentenced by the judge. I may add that a plea of insanity was set up on the trial; but that defence failed, and ho was convicted and found guilty of wilful murder. The day after the trial the judge, Mr, Baron Martin, addressed this letter to me :  Nottingham, Deo. 13, 1863.  Sir,—George Victor Townley Was convicted yesterday before me, at Derby, of wilful murder, and sentenced to be executed. I have directed a copy of my not es to be made for you, if you should desire to have them; but there is a full report of the trial in the newspapers. :Vile conviction was, in my opinion, right but Dr. Foam Yinalgiv and