Tuesday, March 31.

Daily Southern Cross, Volume XXIV, Issue 3351, 13 April 1868, Page 4

Tuesday, March 31.

The public interest hud apparently increased in volume as the trial proceeded ; a much larger crowd of persona were besieging the door and awaitiog admission at an early hour. When the doors were opened the rush was terrific, and it was with the utmost difficulty order could be maintained. The prisoner was placed in the dock about two minutes before ten, and sat gazing earnestly at the judgment-seat until his Honor took his seat at ten precisely. The Beats right and left of his Honor were very sparsely occupied, but gradually filled, but uot to an inconvenient extent. The jury having taken their eeats, and answered to their names, several moments of breathless suspense followed, the Coutt awaiting the arrival of the law officers of the Crown. Mr. Aspinall and Mr. Dalley were in attendance as counsel for the prisoner. After some further witnesses had been examined, the evidence closed. Mr. Aspinall stated that himself and Mr. Dalley were there to defend the prisoner, and had to defend him in a way that would not be offensive to any loyal man. It w»s not their place to justify the crime. They had interfered in no way with the course of justice or to throw doubt on the truthfulness of the witnessei. When the Prince came out to this colony he came out with, the knowledge that his endeart d mother was the wife of a Prince who was universally beloved ; he came out introduced to the colonists in a manner which recommended him to every member of society, whether democrat or aristocrat j he came out with antecedents that no other visitor of rank could P"ssibly possess, and was beloved as well for his Royal mother's and his lamented father's as for his own sake. The colonists may say that, since he had visited the colony, they had seen more of royalty than could have occurred to them in any other position. He submitted that the judgment of every person outside the Supreme Court bad been led to anticipate that the dreadful crime with which the prisoner had been charged was organised under the influence of a secret association at home; but he hoped and prayed such suspicions were . unfounded. But he contended that there was no proof that such an organisation existed in the colonies, and it might be taken that the acts of prisoner in calliog himself a Fenian, or in committing such an unparalleled atrocity, were not the acts of a sane man, but of a being bereft of reason, responsible to God only and not to man. He pointed out the singular course which the madness ef individuals sometimes took, and contended that O'Farrell had taken to drink and excitement to an extent that 'insanity developed itself, and imperceptibly prompted him to commit the horrible offence within a few moments of the time of its actual commission. Recollecting with what art lunatics can master the outward symptoms of their insanity, he contended that every act of the prisoner betrayed insanity. The Government of the country had used every praiseworthy means to discover if the prisoner had any accomplices ; and it was clear that political crimes were never committed without accessories. Where are the accomplices Where is the evidence that there is really a Fenian* organisation at all in any part of this world ? Was it likely, if the prisoner was a Fenian, that he would have made confidants of a naval doctor, or the young man militiaman who burned with

such military ardour P Wag it not clear that ' through the colonies men and women were declaring themselves Fenians for the sake of senseless notoriety ? And was not the prisoner's course indicative of lunacy! Call himself a Fenian, indeed ! Where are the Fenians ?If it had not been for' his sister he would not have been defended now. If he had associates, they had left him alone to get out of the difficulty as well as he could ; but there was no evidence that he had an associate in the crime, and that fact was most indicative that he was not in his right mind. He put it to the jury, whatever they might think of the sufficiency of the evidence — and he did not think that the veracity of the witnesses would be called into ques tion — to bring those tests to bear that might enable them to arrive at a correct decision as to the prisoner's state of mind at the time. He submitted confidently that no doctors had been called here to prove that the symptoms exhibited by the prisoner were not indicative of lunacy. The doctor of the gaol ought to have been called, and evidence should have been brought higher than the opinions of laymen to rebut the defence that had been ■et up. The facts already before them show that the prisoner throughout was unnaturally reckless of family ties, reckless of society, and reckless of his own life, and he called upon the jury to pause befoe they consigned the prisoner to an ignominious death. The law demanded of them that amid the storm of popular indignation they would calmly survey the circumstances of the case ; and he might be permitted, in calling upon them to discharge their duty impartially, to supplicate Almighty God to strengthen and to support them in the discharge of this important and sacred duty. (Applause.) The Attorney-General said the jury had had the advantage of hearing the evidence, and of hearing an ingenious and eloquent defence ; and he (Mr. Martin) repeated the injunction with which he opened the case, and which had been re-echoed by the learned counsel, as to the necessity of the jury considering this question in a cool, calm, and dispassionate manner ; and asserted that this was of the greater impoitance, as he did not come there to insist upon a verdict being given against the prisoner at all hazards. The hon. and learned gentleman pointed out that in opening the case he had carefully abstained from bringing before the jury any consideration in connection with a secret or tfenian organisation, and he assured them that no such question was ■übmitted to their decision. The simple question now at issue wm, not whether the prisoner bad committed the crime, for that was admitted, but whether at the committing of the crime the prisoner was in a sane state of mind. Be delicately analysed the testimony of the sister, and contended that there was nothing in it that could assist the jury in coming to the conclusion they were invited to arrive at by the learned counsel for the prisoner. It was unreasonable to suppose if an individual had laboured under delusions arising from delirium tremens one or two years ago, that these circumstances might be taken as proof that the same individual was insane only a fortnight or a month ago. That the prisoner had only suffered from delirium tremens was clear, from the remedies used ; brandy and water and port wine were not used for affections of the brain. In conclusion, he urged that if the jury, after going through, the evidence, could not see that the prisoner was insane at the time he committed the act they would, regardless of consequences, do their duty to society and the country.

THE JUDGE'S SUMMING UP. Hii Honor Judge Cheeke in summing up recapitulated the evidence as to the wounding, and pointed out that any person committing an act such as tbat of shooting at another person was presumed by the law to intend the ordinary consequences of that act. If a person fired a revolver at a certain distance it was clear that could only have one intent — taking the life of his victim, and the gravamen of the charge against the prisoner was founded upon the piesumption that, firing as he did within a few yards of his Royal Highness, and behind his back, he inteaded to take the life of his Royal Highness. The evidence adduced with reference to the alleged insanity of the prisoner was certainly very contradictory ; but in considering their verdict the jury must be, satisfied whether at the time of the commission of the act the prisoner was in a condition to know right from wrong. There were one or two cases which he would lay befoie them in order to enable them to arrive at a proper decision upon this question. The first which his Honor submitted was a dictum of Lord Hale's in reference to insanity ; the next was the trial in the House of Peers of Lord Ferrers for murder. In the case of Lord Ferrers it was held that no man could be considered insane so as to exempt him from the operation of the laws as long as it could be presumed he could judge of the consequences of his own actions. In Arnold's case, where the person who had committed the offence had formed a regular design for its commission, it was clearly put to ths jury that, uuleas the offender could be clearly proved to have no more control over his actions than an infant — no feeling beyond that of a brute or wild beast — he could not be exempted from the operation of the law ; and the case of Bowler's correspondsexactlyinallforms with the present one. Though his housekeeper proved that he had been seized with epilepsy some time before — though it had been shown that in certain paroxysms he would eat raw meat ; and though the evidence of the keeper of a lunatic asylum went to Bhow that he had taken violent antipathies against particular individuals whom he formerly esteemed and respected, the plea of insanity did not hold. (Mr. Aspinall respectfully suggested that his Honor would read the following sentence used by Baron Alderson : — "Bowler was executed, and a very barbarous act it was.") His Honor said several other cases were reported previous to that of manslaughter cited by the Attorney-General, but there was one case in which a plea of insanity was put forth that he would refer to. The criminal was said to be extremely taciturn, to be very close, he never spoke to bis mates, and was considered to have a nasty temper ; and these were urged as proofs of mental derangement. Baron Rolfe then gave utterance to the opinion that, in order to make it clear that an individual was insane at the time of the commission of an offence, the onus entirely rests upon the person charged, and the defence of the present prisoner entirely rests upon his counsel being able to prove that plea. It had been urged that the prisoner had been unfavourably situated in regard to the proof of his plea by the absence of certain witnesses, who were at present in Victoria, and the disadvantage prisoner might labour under had been ably set forth in the evidence of Mr. Pavey. But the prisoner had the advantage of being most powerfully and ably defended by a barrister of the Victo* rian bar, assisted by one of our own barristers here. This assistance had been afforded through the influence of prisoner's sister — a sister who had behaved nobly to him throughout; who had behaved as only a sister could ; and whose position in this Court every one present must deeply commiserate. The plea of insanity, indeed, chiefly rested upon her evidence. (Here his Honor laid the major part of her statements before the jury.) It was attempted to be proved that the presumption of insanity was not warranted by the fact that the prisoner had been attacked by epileptic fits some eighteen months ago ; but it was not shown that the insanity had been continuous until the commission of the crime with which the prisoner is now charged. If the jury were of opinion tbat insanity, arising from epileptic fits or attacks of delirium tremenp, continued up to the time the Prince was shot, they would return a verdict of not guilty on the ground of insanity ; but if they believed that at the time the prisoner committed the offence he knew right from wrong, the Grown was entitle! to a verdict. To shorten the case, he concluded by summarising the legal points the jury would have to consider, and left them to return a verdict according to their oaths and their I consciences.

THE VBEDICT. — SENTENCE OF DEATH. The jury retired at twenty-s x minutes to three. After an absence of an hour they returned into courb with a verdict of guilty. Tha prisoner in a firm and decided tone said he had nothing to say. His Honor, before passing sentence of death, addressed the prisoner as follows : — "Henry James O'Farrell, the jury have found you guilty under the information which the Grown preferred against you — that is, of wounding the person of his Royal Highness the Duke of Edinburgh, with intent to murder him, and, happily for you in the position in which you are placed, you have been ably defended by the counsel who have appeared for you. The jury have well considered the evidence which was adduced by the counsel on your behalf, but they have felt themselves bound to return a verdict against you. Except from the evidence adduced I know nothing, nor can I know anything, of your previous life which might suggest to me any remarks. I can only see before me a m*n in health, strength, and vigour, who has deliberately attempted to take the life of a fond and youthful son of our beloved and revered Queen. Before I proceed presently to pass the sentence of the Court, let me beseech you by every remembrance of whatever has been virtuous or good in your past life ; let me entreat you by aDy, the faintest trace of true re* ligion which may now be in your heart, to reflect f

upou the wide amount of sorrow and suffering which ' your cruel hand would have caused if your murderous design bad been successful. Co aside t what unutterable horror and shame would have fallen upon this colony if the providantial care of Almighty God had nob defeated your attempt. Contemplate the awful grief and anguish of the Queen if one of her beloved and 'innocent ohildten (innocent even of any evil thought against you or any other human being) had been thus torn by your ruthlets hand from her widowed heart. ■ Let me implore you to employ the short period of your remaining life in such reflections as I have suggested, and especially in subduing that callous insensibility of heart which must originally have led you to your crime. Although happily your murderous intent was not accomplished, I hold out to you not the least hope of remission of the sentence of death. For not only am I unable to discover any, even the slightest circumstance upon which I could recommend any such remission ; but it must also be manifest to the whole world that all men like you, whose evil hearts may now be harbouring and nurturing similar murderous intentions and similar traitorous designs, should be taught by your sad fate how swift, unerring, and stern is the punishment which all civilised nations must inflict upon such a terrible crime as yours. Let me again exhort you to make the best use of the short time that may remain to you in life, and at once apply to those ministers of religion who may willingly assist you in your sorrowful meditations. It only remains forme now to pronounce the sentence of the law for the crime of which you have been convicted. His Honor then, in the usual form, pasted sentence of death upon the prisoner. Whilst his Honor was addressing him, the prisoner appeared but little moved ; the only perceptible change being a tremulouaness of the muscles of his face He observed a calm, quiet, and respectful demeanour throughout the trial. This being a general gaol delivery, the remainder of the cases on the calendar were called on and postponed. The Court then adjourned.