puted to him, he was not in such a state of mind or consciousness as would render him criminally responsible for his actions. He would pass over the discrepancies that appeared in the testimony of the different witnesses, because he agreed with the attorney-general, that under the exciting circumstances in which they were placed, it was impossible to expect that they should remember everything that occurred, and the fairest way would be to take a general view of the effect of their testimony. The learned counsel then said, that the main point upon which he rested the defence of the prisoner was, that his mind had become in such a state that when he killed the deceased he was not criminally responsible, and that it would be the duty of the jury to acquit him upon that ground. He wished them to understand that he did not mean to contend that the prisoner was in point of fact a madman without any lucid intervals, but that what had occurred on board the vessel had the effect of rendering him subject to paroxysms of madness, and that in one of those paroxysms he destroyed the deceased. The evidence for the prosecution clearly proved the prisoner's conduct to have been most extravagant and extraordinary; he appeared to have attacked the crew without any provocation, cutting them most cruelly, and acting altogether in a manner totally unaccountable. The witnesses had denied that any mutinous spirit existed on board the vessel; but whether there was an actual mutiny or not, he submitted that it was abundantly clear the crew were perfectly well satisfied that their conduct had been such as to subject them to punish

ment; for otherwise, when the captain had behaved to them in such a violent and cruel manner, they would surely have complained to the captain of the other English vessel when he came on board, or at all events when they got to Fayal they would have made their complaint; but although Reason, the deceased, Cone, and Lee, the three men who had so shortly before been treated in such a cruel manner, were the very parties who rowed the captain ashore, it did not appear that they made a single word of complaint; and this he submitted could only arise from a fear, that if inquiry were instituted, it would have the effect of bringing punishment upon them for their own conduct. It was admitted, that up to a certain period, the conduct of the prisoner had been particularly kind to his crew, and there could not have been a greater proof of his kind feeling than the fact that, out of his own small allowance of water, he gave a portion to one of the crew who was sick, and this kindness continued until his reasoning powers were destroyed by the cause to which he should afterwards allude. The learned counsel then proceeded to read extracts from different works upon the subject of crime and insanity, contending that they bore out the conviction he had expressed, that the prisoner was not legally accountable for his actions. He should rely upon the circumstances of the case deposed to by the witnesses for the prosecution in support of that defence. What was the position of the prisoner? He was the captain of a vessel containing a valuable cargo, said to be worth 80,000l., with an unknown crew, whom he had very good reason to believe were in a

mutinous state. He knew that there was a scarcity of provisions and water, and he might very naturally suppose that this would increase the discontent of his crew, and while things were in this state he was led to believe that the crew intended to destroy his life, and to seize the vessel and her valuable cargo. The jury were aware of the representations that were made to the prisoner he was told that the crew had sharpened their knives -that they had armed themselves, and also that there was a determination if he did not reach the island of Ascension the next morning, which he might at the time have known to be impossible, that he would no longer be captain of the vessel. The jury would also remember that French had told him a story about Dunn, and while he imagined that he was his friend, another of the crew came to him and told him that French had sharpened his knife to kill him, and this would naturally lead him to imagine that the whole of the crew were leagued against him, and that there were none of them upon whom he could place any confidence. What was the immediate effect of this? Why, from being a kind and mild wellconducted man, he was at once changed to a state of wildness and intemperance, and apparently to be regardless of his actions. He became furious and raving. The three men whom he supposed to be concerned in the mutiny he put in irons, and while in that condition, according to the testimony of one of the witnesses, he cut at them fifty times; and afterwards, with a drawn cutlass in his hand, he pursued the chief mate, Rambert, wounded him, and eventually drove him into the sea; and his

At

The

whole conduct at that time, he should submit, was such as to show that he was then clearly not accountable for his actions. It might be said that after this, which occurred in the month of September, the prisoner conducted himself perfectly quiet and calm for a month, and until the vessel had sailed from Fayal; but he should contend that the blow upon the mind of the prisoner had been struck, his reason was affected, and the moment the chord was again struck, a paroxysm of madness was the consequence. Fayal there could be no doubt that he had conversed with the consul or the harbour-master upon the subject of the conduct of his crew, and that by this means was laid the foundation of what occurred SO soon after their departure from that port. string had been touched that affected his mind, and, according to the testimony of the boy who had been called, he at that place, without receiving any provocation, declared that when he got on board he "would kill them all." The sight of the crew, who he believed were the persons whom he had such good reason to dread, again drove him to frenzy, and unchecked by reason and uncontrolled by judgment, there was no doubt that in a paroxysm of madness he committed the act for which he was now called upon to answer. He requested the jury to consider the circumstances under which the unfortunate man met his death. If the prisoner really desired to gratify any vindictive feeling, would he have sent for the man into his cabin and destroyed him in the presence of a number of the crew? He first sent for him at seven o'clock, and then, without any provocation, he

attacked him, and cut him in a most brutal manner. At twelve o'clock the same night he again sent for him, and immediately, and without a word being said, again attacked him, and while several persons were standing by stabbed him to death. Were not these the acts of a madman-of a person bereft of all reason and judgment? But if any proof of insanity were wanting, he considered it amply supplied by the conduct of the prisoner afterwards, in falling on his knees before the dead body, imploring the deceased to speak to him, saying, that if he would only say two words, he, his murderer, would forgive him, and after this revelling and laughing by the side of the dead body, which he (Mr. Jervis) considered could be looked upon in no other light than the last frantic act of a raving maniac. It might be said, in reference to the condition of the prisoner's mind, that his conduct in making the entry in the log-book, that the deceased died in a fit, and compelling the crew to sign it, was a proof that he was perfectly well aware what position he had placed himself in; but he should contend that it was merely the cunning of insanity, which it was well known in several cases had been established in a most extraordinary manner. In a celebrated case, cited by Lord Erskine, a gentleman who had been confined as a lunatic, preferred indictments against the parties who were concerned in his incarceration, and he underwent a strict and protracted cross-examination without evincing any symptoms of insanity, until he was asked whether he was not the Almighty? This was the chord that vibrated upon his whole system, and the state of his mind became immediately apparent by

his answer; but, to show the cunning of insanity, the same party afterwards preferred other indictments, and being fully aware of the effect of his former answers, when the same question was put to him on the second occasion he refused to give any reply. The learned counsel then referred to the other circumstances that had been deposed to, contending that they all went to show that at the time the prisoner committed the act with which he was charged, he was unconscious of the effect of it, and was not, therefore, criminally responsible. He said he should wish the jury to understand that the ground upon which he asked for the acquittal of the prisoner was, that he was in a state of temporary insanity when he destroyed the deceased. He did not mean to deny that afterwards his mind recovered, and at the present time he might be perfectly sane, but the exciting cause had passed away, and this was the manner in which that would be accounted for. The learned counsel concluded a very eloquent and able address by imploring the jury, if they had any doubt, to lean to the side of mercy, which was the greatest attribute of British justice.

The attorney-general said he should wave his right of reply on behalf of the crown.

Mr. Justice Williams then proceeded to sum up. He observed that the learned counsel for the prisoner had rested his defence entirely upon the ground that at the time he committed the act he was not in such a state of mind as to render him accountable for his actions, and this was the question, therefore, which the jury had to decide. After going through the evidence minutely, his lordship said

in conclusion, that the mere fact of a crime being committed, under most atrocious and revolting circumstances, ought not to be taken as a proof of the insanity of the person who committed it, but those circumstances were merely an ingredient in the case for the consideration of the jury. It was for them to weigh all the facts carefully and attentively, and after having done so, if they felt a doubt whether the accused, at the time he committed the act, really was in such a state of mind as not to be aware what he was about, they should acquit him on that ground; but if, on the contrary, they thought that notwithstanding all the circumstances he should be considered as responsible for his actions, it would then equally be their duty to find him guilty.

The jury consulted for an hour and a half, and then returned for verdict "We find the prisoner 'guilty,' but that he was not at the time in a sound state of mind."

Mr. Justice Williams refused to receive this verdict, and the jury were directed to retire again; and after some further consultation, they agreed to find a verdict of "not guilty," on the ground that the prisoner was in a state of insanity at the time he committed the offence.

The attorney-general then said there were several other indictments against the prisoner, but after the verdict that had been delivered, he did not consider it would be necessary to proceed with them.

7. RAILWAY DEPOSITS.-Very great anxiety has prevailed for some time past in every depart ment of trade, with respect to the possibility of making the deposits on railway undertakings required

by the Standing Orders of Parliament preparatory to the Bills being entertained, and also with respect to the effect the withdrawal of so enormous a mass of capital must have upon trade and commerce. Upon this most important question of political economy, the ablest writers had sought means of putting forth their opinion and tendering their advice; and in Parliament urgent efforts were made to induce the Finance Minister to introduce a measure or permit some relaxation of rule to meet the emergency. The Minister gave to these applications a steady refusal, relying upon the power of the market to adjust itself. The crisis so much dreaded, even by the best informed, passed over with little difficulty, and would have caused scarcely any disarrangement had it not been for the panic or caution of money-holders, and some antiquated regulations of the public offices. The "city article" of The Times, published a day or two after the day of payment, will show how well the Minister judged in trusting to the self-adjusting power of the money market.

"The railway-deposits question is now brought to a point at which that uncertainty as to their amount, which was one of the main evils to contend with, is in great meaşure removed. The progress of them will show how completely that amount, almost up to the last hour, was concealed from those who, by their position, had the best means of information. Thus, on Wednesday, there remaining only two more days for receiving them, the total sum actually passed to the credit of the Accountant-General with the Bank did not much exceed 5,000,0007.;

but as the bankers' deposits, which are generally a little more or less than 1,000,000l., were at that time full 5,000,000l., it was concluded that at least 4,000,000l. was waiting orders to be transferred to the railway deposit account, all parties in fact deferring them to the latest moment possible, in the hope of receiving some light on the policy of the Government from the report of the select committees. On Thursday, there being no symptom of its appearance, the payments went on with great rapidity, and they had reached on the afternoon of that day to nearly 10,500,000l. The receipts of yesterday, up to 2 o'clock, appear to have been about 300,000l., so that they must have come in rapidly afterwards, as no certificate could be given after 4 o'clock, when the total, as correctly stated yesterday, was 11,492,000l.

66

The deposits on Irish railways are receivable at the Bank of Ireland, and those on Scotch railways at the Royal Bank of Scotland, with the same limit as to time as the payments in London, but the result of them, which is necessary to determine the grand total of railway deposits on new schemes, is not known; and to those are to be added, what will be less easily ascertained, the amount payable by chartered companies, which are allowed to put in bonds under their common seal, instead of making actual payment in money.

Thus is disclosed, then, a financial operation of a truly gigantic character, the natural difficulties of which were increased by all sorts of vexatious impediments on the part of the Government, with the clumsy and sluggish movement of the Accountant-General's

office, against which a current of public indignation is now setting in, which it is hoped will cause these to be numbered among the last evils it will inflict upon the trading community."

DREADFUL SHIPWRECK.-Accounts have been received of the wreck of the Bencoolen, with the loss of twelve lives. The Bencoolen, Captain Charabent, left Callao, with a cargo of guano, cotton, and hides, for Liverpool, on the 13th of November. Her crew consisted of twenty-one hands. All went on favourably during the voyage, and she passed Holyhead about 7 o'clock, and in an hour afterwards she was boarded by a pilot. The wind at the time was favourable for making this port, but owing to some cause at present unaccountable, the vessel struck on "Taylor's Bank" about 7 o'clock in the evening; and in about twenty minutes was a complete wreck. At the time the vessel struck the boats were lowered, but two of them were swamped by the heavy sea that was running. Into the third eight of the crew succeeded in getting, when the rope which held it to the vessel broke, and the wind and tide drove her from the ship, thereby cutting off all chance of saving any more. This boat immediately made off for Liverpool, which she reached about half-past 9 o'clock last night. The remainder of the crew, thirteen in number, including the pilot, were drowned.

DREADFUL MURDER AND SUICIDE. -A dreadful affair occurred at 16, Arbour Square, Commercial Road East.-A man, named Jeremiah Spence Stark, a coal weigher, having murdered his wife by cutting her throat with a carving knife, and then destroyed himself with the