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
We repeat emphatically our deep respect for the late Chief-Justice
Tindal, and for his brethren who sate beside him on this momentous
occasion; and we also acknowledge the weight due to the observation of
Mr Townsend, that "none can form so correct an estimate of the facts
proved, and their illustration by science, as those who actually saw
what was going on; and the three able Judges who presided seem to have
been fully impressed with the conviction that the prisoner ought not to
be considered amenable to punishment for his act, being insensible, at
the time he committed it, that he was violating the law of God and man."
And, again, "It is far more just and merciful to take care alike of the
accused and of society, by confining in secure custody the doubtfully
conscious shedder of blood, than to incur the fearful hazard of putting
to death an irresponsible agent."[33] Nevertheless, we concur in the
unanimous opinion of the five law lords, expressed in their places
in Parliament--the Lord Chancellor, Lord Brougham, Lord Cottenham,
Lord Denman, Lord Campbell--that it would have been better to let the
trial proceed regularly to its conclusion. The whole facts of the case
demanded, not less than the theories of the medical witnesses, that
thorough sifting, and the application of that masterly and luminous
practical logic, which both the Solicitor-general and the Chief-Justice
were so pre-eminently capable of bestowing. If, after such a dealing
with the case, an acquittal on the ground of insanity should have
ensued, who could have gainsaid it? At present, see what a candid and
scientific writer on medical jurisprudence--as we have several times
observed, a strong favourer of the notion of moral insanity--has felt
himself compelled to place permanently on record,[34] with reference to
the acquittal of M'Naughten.
Public-domain text, read in full here on John Shaqi.
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