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puted to him, he was not in such ment; for otherwise, when the capa state of mind or consciousness tain had behaved to them in such as would render him criminally a violent and cruel manner, they responsible for his actions. He would surely have complained to would pass over the discrepancies the captain of the other English that appeared in the testimony of vessel when he came on board, the different witnesses, because he or at all events when they got to agreed with the attorney-general, Fayal they would have made their that under the exciting circum- complaint ; but although Reason, stances in which they were placed, the deceased, Cone, and Lee, the it was impossible to expect that three men who had so shortly bethey should remember everything fore been treated in such a cruel that occurred, and the fairest way manner, were the very parties who would be to take a general view rowed the captain ashore, it did of the effect of their testimony. not appear that they made a sinThe learned counsel then said, gle word of complaint; and this he that the main point upon which submitted could only arise from a he rested the defence of the pri- fear, that if inquiry were instituted, soner was, that his mind had be- it would have the effect of bringing come in such a state that when punishment upon them for their he killed the deceased he was not own conduct.
It was admitted, criminally responsible, and that that up to a certain period, the it would be the duty of the jury conduct of the prisoner had been to acquit him upon that ground. particularly kind to his crew, and He wished them to understand there cou
not have been a greater that he did not mean to contend proof of his kind feeling than the that the prisoner was in point of fact that, out of his own small alfact a madman without any lucid lowance of water, he gave a porintervals, but that what had oc tion to one of the crew who was curred on board the vessel had the sick, and this kindness continued effect of rendering him subject to until his reasoning powers were paroxysms of madness, and that destroyed by the cause to which in one of those paroxysms he de- he should afterwards allude. The stroyed the deceased. The evi- learned counsel then proceeded to dence for the prosecution clearly read extracts from different works proved the prisoner's conduct to upon the subject of crime and inhave been most extravagant and sanity, contending that they bore extraordinary; he appeared to out the conviction he had exhave attacked the crew without pressed, that the prisoner was not any provocation, cutting them legally accountable for his actions. most cruelly, and acting altogether He should rely upon the circumin a manner totally unaccountable. stances of the case deposed to by The witnesses had denied that any the witnesses for the prosecution mutinous spirit existed on board in support of that defence. What the vessel ; but whether there was was the position of the prisoner? án actual mutiny or not, he sub- He was the captain of a vessel mitted that it was abundantly clear containing a valuable cargo, said the crew were perfectly well satis to be worth 80,0001., with an unfied that their conduct had been known crew, whom he had very such as to subject them to punish- good rcasoñi to believe were in a
mutinous state. He knew that whole conduct at that time, he there was a scarcity of provisions should submit, was such as to and water, and he might very na show that he was then clearly turally suppose that this would in not accountable for his actions. crease the discontent of his crew, It might be said that after this, and while things were in this state which occurred in the month of he was led to believe that the crew September, the prisoner conducted intended to destroy his life, and to himself perfectly quiet and calm seize the vessel and her valuable for a month, and until the vessel cargo. The jury were aware of had sailed from Fayal; but he the representations that were made should contend that the blow upon to the prisoner--he was told that the mind of the prisoner had been the crew had sharpened their knives struck, his reason was affected, —that they had armed themselves, and the moment the chord was and also that there was a deter again struck, a paroxysm of madmination if he did not reach the was the consequence.
At island of Ascension the next morn Fayal there could be no doubt ing, which he might at the time that he had conversed with the have known to be impossible, that consul or the harbour-master upon he would no longer be captain of the subject of the conduct of his the vessel, The jury would also crew, and that by this means was remember that French had told laid the foundation of what ochim a story about Dunn, and while curred soon after their dehe imagined that he was his friend, parture from that port. The another of the crew came to him string had been touched that and told him that French had affected his mind, and, according sharpened his knife to kill him, to the testimony of the boy who and this would naturally lead him had been called, he at that place, to imagine that the whole of the without receiving any provocation, crew were leagued against him, declared that when he got on board and that there were none of them he “ would kill them all.” The upon whom he could place any sight of the crew, who he believed confidence. What was the im
were the persons whom he had mediate effect of this ? Why, such good reason to dread, again from being a kind and mild well. drove him to frenzy, and unchecked conducted man, he was at once by reason and uncontrolled by judgchanged to a state of wildness ment, there was no doubt that in a and intemperance, and apparently paroxysm of madness he committed to be regardless of his actions. the act for which he was now called He became furious and raving. upon to answer. He requested the The three men whom he supposed jury to consider the circumstances to be concerned in the mutiny he under which the unfortunate man put in irons, and while in that con met his death.
If the prisoner dition, according to the testimony really desired to gratify any vinof one of the witnesses, he cut at dictive feeling, would he have sent thein fifty times ; and afterwards, for the man into his cabin and dewith a drawn cutlass in his hand, stroyed him in the presence of a he pursued the chief mate, Ram- number of the crew ? He first bert, wounded him, and eventually sent for him at seven o'clock, and drove him into the sea ; and his then, without any provocation, he
attacked him, and cut him in a his answer ; but, to show the cunmost brutal manner. At twelve ning of insanity, the same party o'clock the same night he again afterwards preferred other indictsent for him, and immediately, and ments, and being fully aware of without a word being said, again the effect of his former answers, attacked him, and while several when the same question was put persons were standing by stabbed to him on the second occasion he him to death. Were not these refused to give any reply. The the acts of a madman-of a person learned counsel then referred to bereft of all reason and judgment ? the other circumstances that had But if any proof of insanity were been deposed to, contending that wanting, he considered it amply they all went to show that at the supplied by the conduct of the pri- time the prisoner committed the soner afterwards, in falling on his act with which he was charged, he knees before the dead body, im was unconscious of the effect of it, ploring the deceased to speak to and was not, therefore, criminally him, saying, that if he would only responsible. He said he should say two words, he, his murderer, wish the jury to understand that would forgive him, and after this the ground upon which he asked revelling and laughing by the side for the acquittal of the prisoner of the dead body, which he (Mr. was, that he was in a state of temJervis) considered could be looked porary insanity when he destroyed upon in no other light than the the deceased. He did not mean last frantic act of a raving maniac. to deny that afterwards his mind It might be said, in reference to recovered, and at the present time the condition of the prisoner's he might be perfectly sane, but the mind, that his conduct in making exciting cause had passed away, the entry in the log-book, that the and this was the manner in which deceased died in a fit, and com that would be accounted for. The pelling the crew to sign it, was learned counsel concluded a very a proof that he was perfectly well eloquent and able address by imaware what position he had placed ploring the jury, if they had any himself in ; but he should contend doubt, to lean to the side of mercy, that it was merely the cunning of which was the greatest attribute of insanity, which it was well known British justice. in several cases had been establish The attorney-general said he ed in a most extraordinary manner, should wave his right of reply on In a celebrated case, cited by Lord behalf of the crown. Erskine, a gentleman who had been Mr. Justice Williams then preconfined as a lunatic, preferred in ceeded to sum up. He observed dictments against the parties who that the learned counset for the were concerned in his incarceration, prisoner had rested his defence enand he underwent a strict and pro tirely upon the ground that at the tracted cross-examination without time he committed the act he was evincing any symptoms of insanity, not in such a state of mind as to until he was asked whether he was render him accountable for his acnot the Almighty? This was the tions, and this was the question, chord that vibrated upon his whole therefore, which the jury had to system, and the state of his mind decide. After going through the became immediately apparent by evidence minutely, his lordship said
in conclusion, that the mere fact by the Standing Orders of Parliaof a crime being committed, under ment preparatory to the Bills bemost atrocious and revolting cir- ing entertained, and also with recumstances, ought not to be taken spect to the effect the withdrawal as a proof of the insanity of the of so enormous a mass of capital person who committed it, but those must have upon trade and comcircumstances were merely an in merce. Upon this most important gredient in the case for the con question of political economy, the sideration of the jury. It was for ablest writers had sought means them to weigh all the facts care of putting forth their opinion and fully and attentively, and after tendering their advice; and in having done so, if they felt a Parliament urgent efforts were doubt whether the accused, at the made to induce the Finance Ministime he committed the act, really ter to introduce a measure was in such a state of mind as not permit some relaxation of rule to to be aware what he was about, meet the emergency. The Ministhey should acquit him on that ter gave to these applications a ground; but if, on the contrary, steady refusal, relying upon the they thought that notwithstanding power of the market to adjust itself. all tbe circumstances he should be The crisis so much dreaded, even considered as responsible for his by the best informed, passed over actions, it would then equally be with little difficulty, and would their duty to find him guilty. have caused scarcely any disar
The jury consulted for an hour rangement had it not been for the and a half, and then returned for panic or caution of money-holders, verdict — " We find the prisoner and some antiquated regulations ' guilty,' but that he was not at of the public offices. The city the time in a sound state of mind.” article” of The Times, published a
Mr. Justice Williams refused to day or two after the day of payreceive thiş verdict, and the jury ment, will show how well the were directed to retire again ; and Minister judged in trusting to the after some further consultation, self-adjusting power of the money they agreed to find a verdict of market. “not guilty,” on the ground that “ The railway-deposits question the prisoner was in a state of in- is now brought to a point at which sanity at the time he committed that uncertainty as to their amount, the offence.
which was one of the main evils The attorney-general then said to contend with, is in great meathere were several other indict
The progress of ments against the prisoner, but them will show how completely after the verdict that had been that amount, almost up to the last delivered, he did not consider it hour, was concealed from those would be necessary to proceed who, by their position, had the with them.
best means of information. Thus, 7. RAILWAY DEPOSITS. -- Very on Wednesday, there remaining great anxiety has prevailed for only two more days for receiving some time past in every depart- them, the total sum actually ment of trade, with respect to the passed to the credit of the Acpossibility of making the deposits countant-General with the Bank on railway undertakings required did not much exceed 5,000,0007.;
but as the bankers' deposits, office, against which a current of which are generally a little more public indignation is now setting or less than 1,000,0001., were at in, which it is hoped will cause that time full 5,000,0001., it was these to be numbered among the concluded that at least 4,000,0001. last evils it will inflict upon the was waiting orders to be trans- trading community.” ferred to the railway deposit ac DREADFUL SHIPWRECK.--Account, all parties in fact deferring counts have been received of the them to the latest moment possi- wreck of the Bencoolen, with the ble, in the hope of receiving some loss of twelve lives. The Benlight on the policy of the Govern- coolen, Captain Charabent, left ment from the report of the select Callao, with a cargo of guano, committees. On Thursday, there cotton, and hides, for Liverpool, on being no symptom of its appear the 13th of November.
Her crew ance, the payments went on with consisted of twenty-one hands. great rapidity, and they had All went on favourably during the reached on the afternoon of that voyage, and she passed Holyhead day to nearly 10,500,0001. The about 7 o'clock, and in an hour receipts of yesterday, up to 2 afterwards she was boarded by a o'clock, appear to have been about pilot. The wind at the time was 300,0001., so that they must have favourable for making this port, come in rapidly afterwards, as no but owing to some cause at present certificate could be given after unaccountable, the vessel struck on 4 o'clock, when the total, as “ Taylor's Bank” about 7 o'clock correctly stated yesterday, was in the evening; and in about twenty 11,492,0001.
minutes was a complete wreck. The deposits on Irish railways At the time the vessel struck the are receivable at the Bank of Ire- boats were lowered, but two of land, and those on Scotch railways them were swamped by the heavy at the Royal Bank of Scotland, sea that was running. Into the with the same limit as to time as third eight of the crew succeeded the payments in London, but the in getting, when the rope which result of them, which is necessary held it to the vessel broke, and to determine the grand total of the wind and tide drove her from railway deposits on new schemes, the ship, thereby cutting off all is not known; and to those are to chance of saving any more. This be added, what will be less easily boat immediately made off for Liverascertained, the amount payable pool, which she reached about by chartered companies, which half-past 9 o'clock last night. The are allowed to put in bonds under remainder of the crew, thirteen in their common seal, instead of mak- number, including the pilot, were ing actual payment in money. drowned.
* Thus is disclosed, then, a DREADFUL MURDER AND SUICIDE. financial operation of a truly gigantic - A dreadful affair occurred at 16, character, the natural difficulties Arbour Square, Commercial Road of which were increased by all East.-A man, named Jeremiah sorts of vexatious impediments on Spence Stark, a coal weigher, the part of the Government, with having murdered his wife by cutting the clumsy and sluggish move her throat with a carving knife, and ment of the Accountant-General's then destroyed himself with the