APPENDIX TO CHRONICLE. 



30<5 



This was then read, containing 

 three counts, and charging him in 

 the usual form with the murder. 

 The prisoner listened with great 

 attention, and when the question, 

 guilty or not guilty, was put to 

 him, he spoke shortly, complaining 

 of the hurrying on of his trial, 

 and that the documents on which 

 alone he could rest his defence 

 had been taken from him, and 

 wer^ in the possession of the 

 crown. The court, however, in- 

 sisted upon his pleading, which he 

 did, " not guilty :" the Attorney- 

 general then said, that copies of 

 the papers had been offered to the 

 prisoner, and that he had been told 

 they themselves should be given 

 him at his trial. 



Mr. Alley then rose, and after 

 advening to the disagreeable duty 

 he had to perform, from which, 

 lunvever, he would not shrink, he 

 contended that the jury ought not 

 to be sworn in this case, if he could 

 produce affidavits to prove that the 

 prisoner was not competent to ra- 

 tional actions, or in a state to meet 

 this charge sui juris. He then al- 

 luded to the affidavits to be offer- 

 ed, and hoped time might be 

 granted that it might be seen whe- 

 ther the facts mentioned in them 

 could be substantiated by evidence 

 or not. Mr. Garrow denied that even 

 this was the proper stage of the 

 trial for the counsel's speech in de- 

 fence, and this opinion being con- 

 firmed by the Recorder, the first 

 affidavit was read alone. 



The Attorney-general then ar- 

 gued against the application. He 

 treated the affidavits with severity, 

 as a flimsy contrivance to defeat 

 the ends of immediate justice. He 

 desired the court to recollect the 

 poanner in which the prisoner had 



Vol. LIV. 



just addressed them, and also the 

 studious anxiety which his coun- 

 sel had betrayed to prevent him 

 from addressing their lordships; 

 and asked why medical men, emi- 

 nent for their knowledge on the 

 subject of insanity, had not been 

 called upon ; and why others had 

 not been applied to who had been 

 acquainted with the prisoner dur- 

 ing his last four months residence 

 in London ? 



Mr. Alley gave the shortness of 

 the preparatory time as a reason 

 for those omissions. He had re- 

 ceived his instructions only the 

 evening before. 



The court refusing the applica- 

 tion, the jury was called to be 

 sworn ; but the counsel for the 

 crown challenging the first person 

 named, Mr. Alley contended that 

 the crown had no right to chal- 

 lenge, without stating cause or no 

 cause. This opinion was strongly 

 controverted, and the court having 

 established the right of general 

 challenge without stating cause, 

 seven persons named were peremp- 

 torily challenged, after which a 

 jury of twelve was sworn. 



After Mr. Abbot had opened the 

 pleadings, the Attorney-General 

 addressed the court and jury. He 

 said he should not enter into the 

 life of the prisoner further than 

 concerned the act for which he 

 was arraigned. He was by pro- 

 fession a merchant, and was consi- 

 dered asof such perfect understand- 

 ing, as not only to transact his own 

 affairs, but to be intrusted with 

 those of others. Three or four 

 years ago he went to Russia for a 

 house in the north, charged with a 

 commission of importance. He 

 had not been long there before he 

 preferred a complaint of the Rus- 



X sian 



