The Central Glamorgan Gazette, and General, Commercial, and Agricultural Advertiser. — 1867-11-08 (Bridgend, Mid Glamorgan, Wales)

THE MANCHESTER SPECIAL COM MISSION.  The whole of Weonesday was occupied lathe examination of witnesses for the prosecution. On Thursday the evidence for the prosecution closed. Mr. Digby Seymour, before opening the defence, said he wished to call the attention of their lordships to a matter of law. What he wished to submit was a question as to the legality of the imprisoznient of the men called Kelly and Deasy at the time of their rescue from the van. It was in evidence that they bad been appr,hended on suspicion of felony, and were remanded on that charge under the Vagrancy Act. According to the officer who filled in the warrant it was filled in with the word "felony," and not suspicion of felony. He submitted on these grounds whether they were not illegally detained, and pointed out cases mentioned among others by "Russell on Crimes" in his last edition, in which it had been held that if a man was illegally detained he had a right to liberate himself if he could, and if in doing, not using more violence than the circumstances demanded, death resulted, it would not be murder but manslaughter. It was further held that if persons aiding him to escape should kill any one, they would be clothed with the same excuse. Mr. Seymour referred to "Hawkins' Pleas of the Crown," chap. 21, ! that being one of the authorities cited in "Russell." It was laid down in the case referred to that whenever the imprisonment was groundless or irregular, and the person escaping was saved from the penalty of a capital offender, the strangers who rescued him were in like manner excused. . .  A long discussion upon this point ensued, and at the conclusion Mr. Justice Blackburn and Mr. Justice Mellor retired to lunch, promising to consider the point raised, and give an answer on their return. Mr. Justice Blackburn (on the reassembling of the court after lunch) said, on consideration, he and his brother Mellor had decided, when the case was concluded, to put it to the jury to consider whether the prisoners had a common design to rescue Kelly and Deasy from the prison van, and whether they used dangerous violence. If the jury were satisfied they did it in using dangerous violence, they were of opinion it would constitute the crime of murder. They were of opinion that even supposing the prisoners had been told that Kelly and Deasy were detained under a warrant which was not regular or legal, that would not excuqe then, for using dangerous violence in rescuing them. He would not say anthing as to what might be their opinion if the case had arisen from sudden Impulse uuder provocation. They thought the prisoners in the van were under legal detention. Mr. Seymour submitted there would be another question for the jury—as to whether there was a common intent to rescue, and if one of them used an excess of violence, all the rest would be equally guilty. Mr. Justice Blackburn : If there was a common design to use dangerous violence to procure the rescue by one, the others aiding would be fully as guilty. In answer to a question from Mr. Seymour, his lordship said, after their return to London, they should be glad to be furnished with any further information as to points which had been argued. Mr. Seymour said he proposed to call witnesses for all the prisoners except Allen before he addressed the fury.  The examination of the witnesses for the defence occupied the court up to the time of its rising on Thursday. On Friday the attendance within the court was greater than on the previous days, in expectation that Mr. Digby Seymour, Q.C., would make his defence of his clients Allen, Gould, and Shore. The judges took their seats punctually at nine o'clock.