Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
trial without being forced to the conclusion that he was either really
mad, or, at the very least, the little evidence which alone he was
permitted to adduce, relative to the state of his mind, was strong
enough to have entitled him to a _deliberate and thorough investigation
of his case_."[25]
On Friday, March 3d, M'Naughten took his trial before the late
Chief-justice Tindal, the late Mr Justice Williams, and Mr Justice
Coleridge. The prosecution was conducted by the late Sir William
Follett, then Solicitor-general, and the prisoner defended by the
present Solicitor-general, then Mr Cockburn, Q. C. Nothing could exceed
the temperate and luminous opening statement of Sir William Follett,
who, in our judgment, laid down the rules of English law, applicable
to the difficult and delicate subject with which he had to deal, with
rigorous propriety.
"If you believe," said he, "that the prisoner at the bar, at the
time he committed this act, was not a responsible agent--that, when
he fired the pistol, he was incapable of distinguishing between
right and wrong--that he was under the influence and control of
some disease of the mind which prevented him from being conscious
that he was committing a crime--that he did not know he was
violating the law both of God and man--then, undoubtedly, he is
entitled to your acquittal. But it is my duty to tell you that
nothing short of _that_ will excuse him, upon the principles of
the English law. To excuse him, it will not be sufficient that
he laboured under partial insanity upon some subjects--that he
had a morbid delusion of mind upon some subjects, which could not
exist in a wholly sane person; that is not enough, _if_ he had
that degree of intellect which enabled him to know and distinguish
between right and wrong--if he knew what would be the effects
of his crime, and consciously committed it; and if, with that
consciousness, he _wilfully_ committed it."
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