Mrs. Maybrick's Own Story: My Fifteen Lost YearsMaybrick, Florence Elizabeth
History
Mrs. Maybrick's Own Story: My Fifteen Lost Years
Maybrick, Florence Elizabeth
Maybrick, Florence Elizabeth, 1862-1941; Trials (Murder) -- England; Women prisoners -- England
This brief of Messrs. Lumley & Lumley, characterized in the preceding
letter of Secretary Blaine as “very able” and “unanswerable,” is
too long for reproduction in these pages in its entirety, and hence
only the main points are given. The document was prepared at the
instance of Lord Russell of Killowen for submission to himself and
three other Queen’s Counsel, with a view of obtaining a new trial. It
may interest the reader to know that the money required to make this
searching analysis by Messrs. Lumley & Lumley was raised by a popular
subscription in America, through the good offices of the New York
_World_. The eminent Queen’s counsel, after a full consideration of the
analysis of the case, submitted the following opinion:
OPINION--RE F. E. MAYBRICK
“Having carefully considered the facts stated in the elaborate case
submitted to us by Messrs. Lumley & Lumley, and the law applicable to
the matter, we are clearly of opinion that there is no mode by which
in this case a new trial or a ‘_venire de novo_’ can be obtained, nor
can the prisoner be brought up on a ‘habeas corpus,’ with the view to
retrying the issue of her innocence or guilt.
“We say this notwithstanding the case of Regina _vs._ Scarfe (17 Q. B.,
238, 5; Cox, C. C., 243; 2 Den., C. C., 281).
“We are of opinion that in English criminal procedure there is no
possibility of procuring a rehearing in the case of felony where
a verdict has been found by a properly constituted jury upon an
indictment which is correct in form. This rule is, in our opinion,
absolute, unless circumstances have transpired, and have been entered
upon the record, which, when there appearing, would invalidate the
tribunal and reduce the trial to a nullity by reason of its not having
been before a properly constituted tribunal. None of the matters
proposed to be proved go to this length.
“We think it right to add that there are many matters stated in the
case, not merely with reference to the evidence at and the incidents
of the trial, but suggesting new facts, which would be _matters proper
for the grave consideration of a Court of Criminal Appeal_, if such a
tribunal existed in this country.
(Signed) “CHARLES RUSSELL, Q.C.
“I. FLETCHER MOULTON, Q.C.
“HARRY BOOKIN POLAND, Q.C.
“REGINALD SMITH, Q.C.
“LINCOLN’S INN, 12th April, 1892.”
* * * * *
This opinion was based upon the following points, presented by Messrs.
Lumley & Lumley:
JUSTICE STEPHEN’S MISDIRECTIONS
The _misdirections_ which are selected for consideration may be
conveniently classed, among others, under these headings:
1. As to the facts disclosed in the evidence of the procuring and
possession of arsenic by Mrs. Maybrick and of her administering it.
2. As to the cause of death.
Public-domain text, read in full here on John Shaqi.
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