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August 1, 1857.] The Saturday Review. 108 most disereditablo day of his life, while he is so insensible ‘Mantix O'FLausary is caloulated to injuro tho silly faction for whose future we draw the mos! sanguine expecintions in tho fuet that it takes counsel of Mx, Surtur O'Bases, THE TRIAL OF BACON. HE trial of Thomas Fuller Bacon at Lincola Asizes, for administering poison to his mother with the intention of saurdering her, coed one of the most singular hatoren, ever made public by the Criminal Courts. Justa vear ago, Bacon vras fled and acquitted at Lincolu for burning his ox house at Stamford. After his eequittal le romoved to London, where, ahovt three months buck, he was again tried, and again acquilted, on the cbarze of huviug’ murdered his two infant children ; and Hewat length eouveted lat Saturday, ofatemplingo murder is mother. ‘The circumstances of the ease aro extremely eurious, Tk was elearly proved, on the oceasion of the last eral that Bacon's wife ‘vas subject io the dreadful divease of homicidal nai, and thal under the inthiense of it sho had taken the lives of her cikdrot Bacon himeelf, however, by his alject. folly, cowardice, and falsehood, contrived to involve. himselt in auspivions whic, a3 generally happens, exeited all gorta of rumoura about his former lite, He was neeused not only of having burnt his house, but of having mardcred_ his father and his toler. Stich stories are almost always current about conspicuous criminals; but in (his case they had more foundation thao usual. ‘The body of the mother, who died in May, 1855, was disinterred, and the in- ternal organs were found to be’ preserved sit a manner which ig a strong indication of tho ‘action of arsenic; and a chemical nnslysia ultimately aueveeded ia extracting. arsenic from various paris of tho’ ody, into which it could ‘only lave been carried by the vital nelion of the living organs From ‘the doctor, 3 daughter-in-lam, and’ iso ‘una, a Pretty complete story of the state of Mrs, Bacon's health, And of the, cireumstances und symptoms of her lst llneas;-was exiracted. Te appeared that up ta’ the March before her deuth she sd always bad good Health; but in that month abe had fan atiuck of illness, which differed only frum ‘he secondary symptoms of oronical pong inthe cieumatance at ib was Bol shown to have been preceded by the primary symptom hich sre identicat-with these of 2a ordinaty bowel complain, and might therefore well-cerape observation at the time, or be forgotten, afterwards. Standing alone, these aymplome were token to indicate disease of the Drain, for which she wan accord- ingly treated. Her heolth was never eompletcly re-established; and on Sunday, the.rgth of: May, ehe was attacked by what the doctor at the tite supposed to be English cholera, Sbe got better on the Monday, and worse on he Monday night, when symptouie resemblidg those of her illness in’ Mayeh presented, themselves, and increased until she died on the Tweaday evening. Daring the tvo years whic elapsed between the death and the eshuination, the brain had decomposed, #0 as 10. make i impos- sible to'disprove the theory that the fatal eymptoms had arlten from disease of thst organ nor wae the total quantity of arsenic foun orev that ft unt avo cated deh, Fo tee yeasons, the only charge prresed ayainet the prisoner was that of liaging administered the potwon with a murderous intent ‘Thi evidence successfully offered in support of this accusation Was ontiely circumstantial and it desettes notice as forming What to'us, at lees, appears a very remarkuble instance of the eight which juries will sometimes attach to.evidence of that Kind.” Circunistantial evidence is that in which the jury are salled upon to infer for the purpose of eonvicting the prisoner, {he existence of fais which are not proved ; and in Bacon's ease they certainly soom to bave drarrn rather atrosg inferences both positive and negative. ‘The oireunstaees given in evidence ange tonselves under th three heads of mative, opportunity, suid the possession of the instrument of death ; and a each class of facts desigodted tho sanve person, the united effect of all wns ‘of course much stronger than tho aingle effect of any one. ‘The native, suggest for tho ettempt way the plzonors dest succeed to, eeriain house property owned by his mother, und it ‘4s proved that he took pomession of her rent-book during her illness; and reesived tho reata afterthor death, "The rent-Loak, omaror ran ten openly aud avowed end with the ception ‘of an expression’ easily explainable, there was. no evideneoto show that be appropriated the ‘rents, whist It appeared from the siatement of the counsel for. "the Crom that to, was not entitled lo the shole of them. ‘This stance, therefore, was common to him and to others whom’ there was Ho suspicion. ‘The “opportuni m iderable, for. fom: to hier death, Mrs. Bacon wae in her 'gon'a house, and he ‘was in, constant attendance upon her. ‘There was, however, no sort of proof that he did in tastadiniater to hor anything w fever, except on ono occasion, when he gave ler froin a, bot what the witness who saw it supposed to be peppermint; bub an ue gave this. whatever it was, in tho presence of a third person + who was actuslly leaving tle room atthe time, ite suspicion can attach to the eiroumstanco. The fact on which the greatest y eit ‘as laid by the pronocution'nconnokion with tis part ofthe cao, lions ag Rot to discover that his letter to Mr. | ‘ras the natare ofthe commencement of the ines. Tamily returned from church on toe Sunda tuple of ome soup wiih wae preparing for ok while inthe det of eating it Dr ‘When the fre, Bacon asked for ithe boy, and was ‘Dr. Taylor could daly mene jon one instanoa in which the operation of arsenic was (hus fostantaneoos in its effects; and it did not appear that, Bacon liad any personal coocera with the preparation or adminiatra- tion of the soup ia question. ‘These circumstances seem, to say tie least, to leave considorable doubt. whether arsenic was sdministered on. this occasion. Tt deserves notice, that the nly proof of this incident was a statement made by the deceased, in the presence of her coo. If he bad been out of the room when slie made it, the statement would have becn in adn ble~the origin of the nese would are’ remained fa ‘obscurity, and the prisoner would, in all probability, have been acquitted. “‘Thm-pobsession nod procuring of arseiic ers, n0 doubt, by very much the strongest. part of tho case againat Bacon. “‘Tb'was proved by the chemist from whom the poison sas bought, by & witness called in by the prisoner jhimeelf, in compliance with the Act of Parliament, and by a, bay who was the prisoner's apprentice at tho time, that Bacon bought about tn ounes of arsenic onthe ‘Pucsday’ before his mothers ilne bad that he said frst that ho wanied it "for hardening irony find then that he wanted it to Kill rats, ‘The statement an to the iron wus elearly false but somo slight circursstanecs appeared in crossexaminition, which seemed to render it not altogether improbable, that there eight have been, rata in the cellar at the time, ‘Tho coincidence of the procuriog of the arsenic with th ‘illness aad dhe subsequent Gicovery of ‘arenio in tho Soy, ar wgusationbly fata whieh ane the very stonxest uspicion—which, aghia, in greatly ‘enhanced by the circum Slanee that a falachood was told about tle se to whieh the potso ‘was to be put. ‘The points urged for tho defence upoa this hhead were, We think, sight and weak, Tt was seid that arsenic, might hive been wanted for somo lawful pupose, several of ‘hich purposes Dr. ‘Taylor mentioned’; and it was observed that # man who was undefended, ignoraut, and in prison, might, well forget, or. at any rate, be unable proof of such a purpose, iFit exisied. Considerable weight. was also laid upon the fact that the afsenic was bought ia the most open manner nut this was met by the observation of the Judge who tried the cea that any mode of obtaining poo is advantageous to the poisoner, inssmuch as socreay may inaure impunity, whilst open fess wil aleaye furuih a toe forthe defen Oniting various circum: ‘which were perhaps as consiatent with bis guilt os with his inno- cence, these were the facis which, es the jury found, proved, beyond all reasonable. doubt, tho prisoner's guilt. Wo do nob quarrel with the verdict. Mr, Juatice Erle expreseed his ont Alecordanco with it, and the jury retumed it almost without heei- tution, Indeed, though they let the Court. they were not absent from it for mor’ han Sivoo» fen minut co tat fran erfeclly obvious thatthe topics urged upon them made Dardly amy imprrssion on their minds. Almost tho ooly”o1e9 in which Bentham was betrayed into one of thoee slips which ive little minds the satisfection of triumpbing over their Superior, wan on th, oresion ‘hen, he sade ib fanots roposal thal juries aliould give in their verdicts accardio EyP tore of gridusted eeale wo think it ten to. one, teted { ene, fire Bone that the prisoner is euilty oF innocent and that punishment should oaly:bo inflicted when a’ certain degree of erainty way blaine To his instance the gommon aw spears ta us to have been for once wiser than the great Jeual Meformerand philosopher. ‘Toe elect of ite" provisona into make a certain ascertainable, though unsscertained, degree ‘of probability, indispensable to ‘tho infliction of puoisliment, No man, it says, ebull be punished unless some twelve person ‘quilifed in @ particular manner, axe prepured to say that the ridence against him leads their minds to « couvilian of his j quilé-on which they reat. Endless di ‘bo raised ‘bout the. meaning of such words as “ certainty Tees tests, more or less ingenious, have been suieated for the purpose of ascertaining “what doubts are. reasonable. . Ono King, howéver, is perfectly clear—every ono lows vwhat it is to, bbe in-doubt on'a matter, and what it is_to be free from doubt aboulit; and the jaw ays in effect, “Let twelve men be once loan lato of certalnty by loge idence by. ronson tak 4h, which the law allows to be aasigoed—and that is enough. ‘example, the nppearaace of the prisoner, or hit beluriou, his rial eft no daubt of his guilt on the winds of the jury, they. could, i they chose, convict him, and the teat would be fulfilled ; Dut the reason why, that test ie selected is that it js extremely Improbable hal i would, in pont of it be fled on thove ot any ollior alight grounds’ In afew words, tho duty of the ju Jeb inform te Gout of the sate of helt own mda ani! Use the evidence is inconsistent with the prisoner's innocence. Ia ‘every ease there is some doubt, and the only question is, whether, the doubt in any particulor case is or is not euch aa to hold the’ sinds of the jurors in suspense. i | What, lien, were the doubi ‘in the jury's opinion w Aare tae oes conelsioat, ‘fiero wan clearly a doube whether the prisakoe administered the poison, Between ano of it and -his. | mother’ death there i; with the exceptions stated above, a blank imple view of thematter outs through all euch tests ao whether, 104 in tho story. In Palmer's caso thoro was tho administration of ‘roth, whieh sickened a servant who lasted i, and of pills which ‘were immediately followed by fatal symptoms. Ta Madcliae Bnnth’ cao, the wuggestion on the part of the Crown was thal therp were repeated interviews, and iuess aftr ench interven, but ia Beoon's ean therein inply the urchnso und tho. death, ‘Wan there mo room for acest, or for adtniigration by others than the primer dariug that interval? “Tho jury thought not, and no doubt they wers entitled fo think coy Wut if the Tie oF te prisoner hed dopended on their verdictvand we do’ not well understand whyitcidaot—wedouttulethee hey wouldhave been socontident. Te was euggeated to tho jury that fhoprisoneye wit ‘ight have poisoned her other in-law; snd thong tho prisoners otnsel wat prevented by 1 merely tevhuieal objection. (he fbsouea of tho record. of the tin) ftom proving that she Sind Killed both her cbildren in-a Rt of madness, tho fact i_ perfectly notorious. ‘The strongest peculiarity ofthe divens of Homicidal Tania is ite iptermitient character. This woman wag fn. the Hhoute daring the whole of the llinse; sho herself edremistored ‘broth to-the deseased on one occasion, and was constantly wih ther and oxcept tho alwonce of ny: purcheec of arsenic by he and of any dirtot motivo for the evise—vhich, howeree, wight be supplise by madnets—tho evidence bore as thuch agatnat Her Te may indeed be tuggested Het she = u's too, but this ought not to be assumed shout proof; end it was urged by the couse forthe Crown, who {ook the most onvsoal course of chiming a ght te epiy” ta the representative of the Attorney-General that te aught pot to be ‘loaded with now evimen=-whereas, if tho euggtstion of the prisoner's counsel was well founded, aho way guilty of uo erin EE all 1¢ corsa een rater bol fo wyrin ate of rk nporiaice, that those possiblities ure nos euoush to folice ehroeble en, to aptad her odgment and wil have been rather herd upon Bacon i he is held to penal servituda for {fe upon evidenco on which he would not have been hug One observation pon thie tral auggente tell, whieh is not without weight forall who are interuetel in the. prospects aed fendiiog of to tak, a getioman dt appears, way “requested ‘the Court" to undertake the defence of the prisoael, We ‘bink that this ‘practice in ono which stands much in neod of regulation. Unprofessonal readers oun seatcely be aware of the abjections to ita stends at present. Wheu w prisoner trea on a capital cherge, ie not defended by counel, tho use sake any member ofthe bas who happens to bo prevent to defen] hoy and the courequence is that mon are. called upon, on a. few Ininutes' warning, to discharro one of the moet mfluous age. sponsible. tasks that can fl to she lot of an advocate, I don, iti uaual for tho sheriff to inatructcouneel some time bolorehind to defend n uch eases. Ia France, ny monibes of te ‘bar i liblo tobe nonin dafice to undertake any dafencs, and wom of tho very Bight pofeionl eminence ae. comnanly called upon to defend grattitovsly in capital cases. Somo ‘yeare go, M Cink: DEMt-ags hove poniton in Pais anayors (0 at of Sir Brederio Theeiger or Sir Fitzroy Kelly i Tonlon, was called upon to dofond gratuitously @ common soldier who ‘hob his offer at Versailles. Ttis only in tho most exeeptional cases, and by the porsuasion of the highest fees, that the more emfuent ipembére of the Sgt ore cir cnt courts ate uc fof Bacon, the prisoner's postion itinble, “Te mo and often docs happe ze “4 event and that sea Sac Drtctico of earigning co Think, be largely extended, with the greatest ad the Bar andi to public j rade to seoute the competenoe of tho persona slocted and tim fuoygh ought tbe lode em fo aster ther enon, hardly necessary to say that we refer to tho eystem only and not tothe pariculay ceso in question Ttwould by impertiea any aoything in praise of Mt. Justice Hilo, and we lve no wish ipgek ‘rth ‘respect of the gentlemen who condused. the enon, thee oeioos tat Fo bariatare a ‘who aro-aro young men learning Ue ‘ The THE MAYO ELECTION. [DURING the present week the Hout of Goinmons has taken fo trong menvares with regurd to the county of Mayo. Uke muspendod til next sesion the iam of anew wrt and Te has direoted tho Attorney-General for Irela Roman Catholio pricsis, who mado. the intimidating voter atthe last election adopted on.the suggestion of the Committee who eat to hear the tition presented ngninet the rotura of Mx. Moore; and a bulky lue-bodk, containing tho evidence taken before the Commiites, has been issued to sliow that the sugeestion was wacranted by, ‘tho cireumatances of the cate. In sovoral ways this Bluo-bookia'& earfous doeument, und throws ght on many features of Irish political and social life, Is is not cheerful reading, being cha. activ ty. iat indencrbable’denriness wish tacts to everything Irish when presented in a layge quantity. Bat from ita pages've may” gather a notion ‘of the conduct” attributed to ‘Mosers. Conway and Ryan, and the story is worth reading, both’ 4.8 specimen of priestly interfereneo and as a morsel of genuine ‘Wish rioting. We donot mean to aay that wre: have collected The Saturday Review. [August 1, 1857. lggthor ery partis fat may be nd jn the itera nab pages ofthis bone of evidence, bud we sally we think, bo able te state succinedy what i otha hse reverend gentlemen re sid by their adversaries to lave done.” Thole fiends give a gentler sd more ftvoarablo version of tiie behaviour, Dut we must onfae ourslves to the matoments of the attacking purty, Hoth because they are more ddizito and coherent than those’ of the tll more because teks audhentsy comes to Us ion of the Committec. The Mayo Bletion, was held on Monday, the 6th of 4 kro flowing dayetho enndidates on the priest e Mr. Moore and Copain Phos s andthe interessof the landlord both Cathol ud Protestant, being resented by Colonel Higgs. On Sunday, the gi-of APA bbe Mar. Pete’ Conway, tho priest offeiting ae enounced Colonel Higgs front the allar after the coneesion of tase, tering bint’ a Conmutnnatesooundtel wating that he "hud sold higelf body tnd woul," and alg’ that the curse of God would. foto feng ay hoot in "| th ahernon of he anne day ody of wolera, pledged to Colonel Higgin, were brought tan ‘Cleef lita, ndr fo be eo vte the next morning: Ae they enlered the town they had to pase Uhrough lao skirted by a wall. "On this wall, kneeling or leaning, wan Father Cont with a group of uit followers. sthoin be was calling out, "The eurse of God, and the curse of the flock, to any one who votes for Wiggin” Tho tpped! wise seaponded fo. by a volley of stones'irom the hands, ot ie ruflane altending im; andthe Claremorrs voters were in considerable danger, wnt Ms- Bourke, wlio led. tum, presented pistol at Father Convey, and irentened 10 took im unlese He deisted from hie atcrpts to Infurat the mob. The Father then got frightened, and let the seene ‘Two ollie incidents of viclence also belong to thesame Sunday. A home and cast were sent to take hoy into Dallinerobe to supe rovender for the horses of voters for Colonel ‘Iiggins, ‘an Fader Conway and his attendants falling in with ihn Seathered and destroyed all the hay. And secondly, eg Colonel Higgine tras eoteriag Ballinerohe soon after nightfall, be wes attecked by a mob headed by Father Conway, who shouted out, "At Loy" ad a ahowér of abeks asd stones flew_after hime On" tha “Monday” mowing, Father ‘Conway attended at tis Polling booth, uttering menses, and even” shaking. his fst EP voters whom le distrusted.” So voloat was i’ conduet, fat on ‘Tuesday he was threstened with arrest. On this bo Aionght prudent to withdraw, ‘Dut in the evening ho felt con. vinced that the press" candidates were sure of their election, ‘nd tat nothing zould give Colonel Higgins a chaneo excoyt i adversaries committing themaslven.Atsordingly on Welscaday Tuorning he lasued placard enjoining penot tad. un orderly ewoanour ia hie losk, Jn the nai of tho, Tmoacdlato Virgin ‘The fine and ealming’cdiot ham aa we read it, something of the alloct produced by the description iu Scotts’ Marmion of the iesiog bestowed by tho abbot on the ering nua, wien that ‘unfortunate lady wai on the point of being bused alive. ‘Tho Rev. Lake Hyan wat, if posible, more uproaious and violent though senseely 20 active and cortiuly not ‘aluen- inl." On Sunday, Mare zand, bo read sload from the alter at linonn Chapel» prsted list of voters in tbe parih, coumoeat- ing strongly on he who might ba expected fo rote for Higa ‘mid he coucluded by saying that if tie devi cae up, be Sed ‘ote for im in profrence £0 Colonel Higgine, On the folowing Bunday he anndunced to his parishioner tna if they weve dying Ihe wotld not give absolution to any of them who abould ots foe Colonel Higgins: and asa terrestial punishment he stad dat ‘he would visit them with severe torture, for he would brand them and mark them for life; and, while using refuse w ‘them with, he would cut off their skins—an operation Poot beld metaphor, would, we should thiak, be neasiy as disagreeable to the torturer 23 to the tortured. On Sunday, the shot April, he stationed Limaalf ata publichooe in New: or and thot dispensed whisky to all comers, wit the eject, Apparently, of spiriting his followers up to the feat of forcibly selaing end eneeying off a body of voters lodged in the house of ‘oupyorter of Colonel Higgins, AThar te Yoing once bogea, det Rot appens to have been #0. prominent as father Conway, snd coudted himself to escoring hs voters to the boothy acd ving them a fervent blowing a they poled for Palmer aud core. ‘Tho cases of Fathers Conway and Ryan are much the most - portant, but there are several othore te hich show. that the atom of prieetly intertence was. general, and thas it was no means of that gentle and yorsonatve Kind. which Arclbishcy "AS feast alfa-dozen priests ate mentione ‘knd the ir flocks. ‘rho obeyed them, was vory successful, to show this. Mr. Burke, a country. géntlomian, states that he Gene to Balloareba with Ms fatter ¢L war sn old mensand who ‘intended t9 vote for Colonel Higgins. Oa ontering the town ho Yas mt by Father Conway, siding on hoebyck, tod tab of About three hundrod persons attending him. ‘The mob compelled. the car to atop, and Father Conway suid, “You aro Colonel Hiycioes stpreiiers wol wah ny toads of jour usa eats 5 short distance, Zonmeditely tho old’ man waa attacked ‘and severely beaten, and at'last he offered not to voto at all if