A REMARKABLE TRIAL.

Bruce Herald, Volume XIII, Issue 1207, 28 May 1880, Page 5

A REMARKABLE TRIAL.

The Tourville case is once more in the English Law Courts, and has given rise to a question which Vice-Chancellor Malms describes as one which is new in the annals of our jurisprudence. Tourville, who was at one time pretty well known in Lymm, was charged, it will be remembered, with murdering his wife near Botzen, in the Austriau Tyrol. The circumstances were remarkable not only in connection with the crime, but as regards the legal process by which eventually his conviction was secured. No one saw the deed committed. Tourville and his wife sei out one morning from the hotel in which they had been staying, and the dead body ot the woman was afterwards found under conditions which left no room for doubt that a foul murder had been done. He was brought to trial in Austria, and in the first instance was acquitted. Further evidence subsequently came to light, including the fact not known at the time of the first inquiry, that ho was interested to the amount of £37,000 in his wife's death. He was arrested in England on an extradition warrant, tried at Bow street, and sent for trial before the Austrian Courts, where he was found guilty and sentenced to death. A.n appeal against that decision was entered the Supreme Court, with a much more favourable result for Tourville. He was condemned for murder; but the death senwas commuted to eighteen years' im-

prisonment. Now crops up the curious point as to Whether Tonrville, despite the condemnation, is entitled to the £37,000 left him by his wife's will dated, the day after his marriage. Her. considerable property was bequeathed to trustees for the benefit of her children, if there should be any. In default she left it to Tourville, and as there were no children it was claimed that Tourville is the legal heir, and that the estate devolves on Mr Poole, to whom before his conviction the criminal assigned all his interest under the will, no doubt for a due consideration. But does not the condemnation of itself exclude Tourville, or the other person to whom his interest was transferred from all benefit of Madame To arri lie's testament ? If the crime and conviction had taken place in England, the matter would have been simplified to this extent, that Tourville would have been hung, and then it would be a question whether the crown took the property in the exercise of its right to the estate of persons convicted of capital felony, or allowed it to pass to Madam Tourville'a next kin. Touxville, however, is neither a caput lupinum nor a caput tnortuum. He is alive, if that is material to the issue, and, moreover, his interest, whatever it may be, is apparently committed to very capable hands. That Tourville or his representative should be permitted to enjoy an estate which came to him aB the profit on or proceeds of a murder is a possibility, the discussion of which is likely to involve considerable litigation, and to give occasion for an iogenious controversy on a thoroughly novel point of law.