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
The case of Daniel M'Naughten, which was tried at the Old Bailey about
two years and a half after that of Oxford--viz., on the 3d and 4th
March 1843--cannot be approached without a shudder, as one recalls the
direful deed for which he was brought to trial--the assassination of
Mr Drummond, whom the murderer had mistaken for the late Sir Robert
Peel! To a candid philosophical jurist, this case is one of profound
interest, and of considerable difficulty. The abrupt interposition of
the presiding judge, the late Chief-justice Tindal--a step very unusual
on such an occasion, and especially so in the case of that signally
patient and cautious judge--occasioned much remark at the time, and a
general, if not almost universal expression of regret that he had not
allowed a case of such magnitude to run on to the end, and so have
afforded the jury the vast advantage of hearing that consummate lawyer
Sir William Follett's commentary upon the case, set up in behalf of
the prisoner. The unexpected issue of this dreadful case led, as has
been already explained, to Parliamentary discussion, and a solemn
declaration by the assembled judges of England of the true principles
applicable to such cases. We shall not examine the proceedings as
minutely as in the case of Oxford; but we shall endeavour to enable the
thoughtful reader to apply to the leading facts the rules of law laid
down by the Judges for the conduct of these critical investigations.
He can then form an opinion as to what might have been the result, if
those principles had been strictly adhered to, and the case had gone on
to its legitimate conclusion. It will be borne in mind that, as stated
at the close of our account of Oxford's case, even Mr Taylor treats
the case of M'Naughten as an acquittal proceeding on facts, alleged in
support of the defence of insanity, "as slight as those in Oxford's
case!"
Public-domain text, read in full here on John Shaqi.
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