Imagens das páginas

Shah of course said—“An enemy has done as they crammed the box into their own gothis ;" and as dead men tell no tales, much of down, I strongly suspect they mean to keep it the obloquy was allowed to rest on Moollah themselves. My chest of drawers they took posShekoor, who had paid the penalty of other state session of with great glee-I left some rubbish crimes.

in them, and some small bouiles, that were useIn Affghanistan, the English act as they do in less to me. I hope the Affghans will try their all other countries, they visil-keep to them-contents as medicine, and find them efficacious; selves, and even (generally) employ only ser- one bottle contained nitric acid, another a strong vants brought with them. The envoy kept but solution of lunar caustic ? sew Affghans in his employ. He had a news-reporter, at 150 rupees a month, who had the credit

And, better still of concocting splendid untruths; an old mool- The citizens are ruined by the perfect stagnalah, picked up at Kandahar, who, I believe, re- tion of trade, and would probably side with us ceives 200-a man greatly in Sir William's con- were we to show in force. Now is the time to filence; there is also an old cossid. These peo-strike the blow, but I much dread dilly-dallying ple adhere to the Envoy, and fatter him into the just because a handful of us are in Akbar's belief that the tumult is bash (nothing), and will power. What are our lives when compared shortly subside.

with the honour of our country? Not that I A word too late

am at all inclined to have my throat cut; on the

contrary, I hope that I shall live to see the British It is more than shocking, it is shameful, to flag once more triumphant in Affghanistan; and hear the way that officers go on croaking be- then I have no objection to the Ameer Dost Mafore the men; it is sufficient to dispirit them, and homed Khan being reinstated : only let us first prevent their fighting for us.

show them that we can conquer them, and humAnd

ble their treacherous chiefs in the dust. There is much reprehensible croaking going

This is the last for which we can find on; talk of retreat, and consequent desertion of room: our Mussulman troops, and the confusion likely The late newspapers have not a little amused to take place consequent thereon. All this me. They show that the editors catch at every makes a bad impression on the men. Our sol- expression used in any letters they have read, diery like to see the officers bear their part in pri- or on any comments they hear on news from vation; it makes them more cheerful; but in Afghanistan. A regular controversy has arisen going the rounds at night, officers are seldom between one, who asserts that Lady Sale in her found with the men. There are those that al- letters evinces a strong prepossession in favor ways stay at their posts on the ramparts, and of Mahommed Akbar Khan, and another, who the men appreciate them as they deserve. To thinks Lady Sale wrote, as she did, because she particularize them would be too openly marking was a prisoner: to which the first rejoins, that the rest; but their names will, trust, be remem- he does not think Lady S. would, under any bered to their honor and advantage hereafter.

circumstances, write that which was false.

There he is right: but I would not have written The great carnage

on the subject at all, unless I wrote as I thought: The troops continued their fearful march; the

if people misunderstand, it is their fault and not remnant of the camp followers, with several mine. Again, they say it were better I had wounded officers, went ahead: for five miles never written at all. Perhaps so: but it seems they saw no enemy; all who could not walk were

that details were wanting; my letters to Sale necessarily left behind. They descended a long gave those ; and he thought them of sufficient steep descent to the bed of the Tézeen Nullah. consequence to send them to the Governor-GeneAt this dip, the scene was horrible; the ground afterwards sent to England by the former; and,

ral and the Commander-in-Chief. They were was covered with dead and dying, amongst if the papers tell truth, excited some attention in whom were several officers; they had been suddenly attacked and overpowered. The

the highest circles. As to my “great prepos

enemy here crowded from the tops of the hills in all di- session” in favor of Akbar, my greatest wish is, rections down the bed of the Nullah, through that Gen. Nott's force should march up to Ghuz. which the route lay for three miles; and our

nee; release the prisoners there; and then that men continued their progress through an inces- a simultaneous movement should take place of sant fire from the heights on hoth sides, until Notts and Pollock's forces upon Cabul. Once their arrival in the Tézeen valley, at about half- again in power, here, I would place Akbar Mapast four p. m.

homed Shah, and Sultan Jan hors de combat ; The descent from the Huft Kohtul was about befriend those who befriended us, and let the 2000 feet; and here they lost the snow.

Affghans have the Ameer Dost Mahommed About 12,000 persons have perished.

Khan back, if they like. He and his family are

only an expense to us in India; we can restore Her Ladyship shows that she has good them, and make friends with him. Let us first soldierly feeling :

show the Affghans that we can both conquer

them and revenge the foul murder of our troops ; The Mirza has returned; he and the Nazir but do not let us dishonor the British name by promise to send a box, which I have no means sneaking out of the country like whipped Pariah of carrying, as also our servants, who are unable dogs. Affghanistan will become la byword to go with us, to Jellallabad, to Sale; however, I amongst the nations. Had we retreated, as




Sturt proposed, without baggage, with ce-I claim the old man's enow-white hairs-the babe's ferity, (sorced marches to get through the snow,)

unsullied breath, and had the men stood by us, (a doubtlul point, And the love whose passionate excess might conthey were so worn out and dispirited,) we might quer all-save death. have figured in history, and have cut out Xeno-" I summon all-all these are mine!”—Thus the phon's account of the retreat of the ten thousand. dark phantom cried,

As to the justice of dethroning the Ameer While peals like thunder growling round in sullen Dost Mahommed, and setting up Shah Shoojah, Then spoke the Angel, bright with flame="Oh, I have nothing to say regarding it, nor regarding

city proud and gay, our policy in attempting to keep possession of a

My brother claims your guilty sons, and you shall country of uncivilized people, so far from our

be my prey! own, whence all supplies of ammunition, money, &c., must be obtained. Let our Governors- 1“ I your polluted streets and halls will cleanse with General and Commanders-in-Chief look to that, I will scorch your temples into dust, I will strike

living fireswhilst I knit socks for my grandchildren.

your stately spires; We shall endeavor to give a second no- Thy mighty ones shall biie the earth, ihy lofty shall tice of this journal; in the meantime, we we bring the mandate from on high-we doom thee think we have earned the thanks of our wrath and wo!" readers.

I saw the signs-I heard the words then day was

slowly born, And the bright Angel, girt with flame, fled from the

light of morn; THE PLAGUE AND THE FIRE. But in thick mist the dark shape sank, o'er streets

and river down, And with the morrow came the Plague to that de

voted town. From Ainsworth's Magazine. A Mignty city lay in sleep, 'neath the dusk of a

moonless night, But the starlighi touch'd ils thousand spires each with a gleaming light;

POLAND AND SERVJA.-We bave to record anotber The starlight show'd its countless homes, ils balls act of insulting oppression perpetrated upon un. of pomp and pride,

Northern Condor." happy Poland by the

We And ils marble, peopled ierraces, and its river roll- find, from the official gazette of the kingdom of ing wide.

Poland, that the administrative council of the And I saw, betwixt the heavens and earth, two kingdom has determined that the existing district ghasily shapes arise,

in the Government of Kielce (formerly a circuit), Shadowing ihe city's silent depths, clouding the named Krakowski, deriving its name from the city slarry skies

of Cracow, shall henceforth be called Proszowicki, Angels of death, denouncing doom-visions of from its chief town, Proszowice. Comment upon wrath. They came;

this ordinance may well be spared; it speaks One, formless in its uller gloom-one, bright with plainly enough to all Europe that Russia adheres, blinding flame.

wish stern purpose, 10 her plan for extinguishing The Spirits of the Plague and Fire !—I knew them whatever remains of nationality may yet linger

among the beaten-down Sarmatians. The name as they rose, And I listend for the awful words that would tell of of. Cracow is to be blotted out from history. To coming woes.

this system of brutal tyranny, England, the Smiter No eye save mine that sight might see, nu ear save of brave men, whom, in ordinary policy, she should

of Tyrants, has been content to hand over a nation mine might hear, As o'er the guilty city pass'd that sound of grief and have upheld as the deadliest enemies of her own

deadliest enemy. fear.

In Servia, Russian intrigues

and Russian despotism are again at work, and, First, from the darker phantom broke a loud and with the Protean dexterity which belongs to the wailing cry,

wily savage, the autocrat has taken up the cause " I summon ye,-oh! sated ones,- I summon ye to of democracy. Russia demands of the Porte that die!

Servia be allowed to exercise the right of popular Long have your crimes for vengeance call'd—the election. But Austria is awakened and alarmed, word is given on high,

and has thrown her weight into the opposite scale. And vengeance comes to night is yours, to-morrow The Sultan, assured of the support of the Euroye shall die !

pean powers against Russia, will most probably “ Death is already at your gates, his dart is raised 10 resist the mandato, and adhere to the line he has strike,

taken, this time fearing And young and old, and rich and poor, I summon

“ No Russian cannon's heavy hail, ye alike;

In vengeance smiting the Serail." And fair, and proud, and great, and brave, as autumn This perpetual interference on the part of Russia leaves ye fall

in the affairs of other nations must, ere long, bring The grave is duz, the pit is deep-I summon one and all.

on an indignant rebuke from one or other of tbe

powers whose threats are not a mere brutum ful. "Nought shall avail; virtue and truth shall die, men. France sorgets much, but forgives nothing ; with lust and pride;

and England must, by this time, have learned the I claim the parent from the child, the bridegroom folly, of her practice of forgetting nothing and for. from the bride ;

giving every thing.–Court Journal.

THE BRITISH AMERICAN ASSOCIATION.| farthing. I have lost the ship and every thing From the London Examiner.

else.— The Lord Mayor: I find in this printed

paper a number of great names, the appearance Mr. H. Fretwell, the captain of the Barbadoes of which was calculated to induce people to bebrig, which some months ago lett the port of lieve that the association was a bona fide one. London with emigrants for Prince Edivard's There are attached the names of a duke, 15 Island, and Mr. D. Campbell, the owner of the lords, and nearly 40 baronets.-Mr. Campbell: vessel, were summoned before the lord Mayor The association is completely broken up. There to answer the complaints of several of the un- have been several executions put into the house fortunate persons who had broken up their es- in Bridge street. There are actions at this motablishments in this country and engaged to go ment going on against the Duke of Argyll, the to that remote region in the Barbadoes, under Marquis of Downshire, and Sir James Colborne. the sanction of the British North American As- - The Lord Mayor: This paper contains a list sociation. Captain Fretwell said that he had of first-rate names. Are all these shareholders ? been engaged at Gravesend to take the com- -No: they are only the vice-president and con. mand of the vessel to Prince Edward's Island, sulling council.-How much of the million capand he sailed from the Downs on the 1st of No-ital has been paid up!-None at all. Nobody vember, 1812, with 50 passengers (men, women, paid up at all. --Let me know what the plan was and children). When the vessel reached 42° with respect to those emigrants if you had got west longitude she encountered heavy winds them out to Prince Edward's Island ? How and seas, and was so dreadfully battered as to were they to be subsisled?—There was a month's be obliged to put back to the nearest eligible extra provision going out, so that they would port, which was Cork, a distance of about 1,300 be provided for a month after landing. ---And miles. On the 22nd of December she reached then take their chance of starvation.—Mr.

George Cork, where she remained until the 9th of April, Henley and Mr. Taylor, two of the emigranie, when she sailed for London, leaving behind her and very intelligent 'men, here stood Cork some of the emigrants, but bringing to Mr. Taylor said that he had paid £50 for him. London about 30 of them, who were at the pres- self and his family of eight children 10 Mr. ent moment boarding and lodging in her in the Buckenfield, the secretary of the association.London Docks. He had not received a farthing Mr. Henley stated that he was introduced by the from any passenger, nor had he received a farth- British Association to Mr. Halden, whom they ing of pay since he had joined the vessel. He acknowledged as their agent, and he engaged had caused all the repairs to be done to her in to pay 30 guineas for his passage, &c., by inCork. No reasonable complaint could be made stalments in the island.-The Lord Mayor : as to the provisions, which were abundant and What dreadful mischief arises from the use of unexceptionable. The repairs, however, went high names in cases of this kind !-It was here on very slowly, for the agents in Cork began to stated that the duke of Argyll took the lead at suspect that they would not easily procure remu- all the public meetings, and made no secret of neration for their outlay. The British Ameri- attaching his high name to the acts of the assocan Association, in the mean time, sent to him ciation, and that his Grace's correspondence to state that the vessel must sail on the 20th of with the late Lord Mayor clearly proved that March, and he made every preparation in his fact. The Duke of Argyll and Sir James Colpower, when he received an intimation that she borne were the only two out of the whole list was not to proceed. The emigrants felt and who signed their names for shares. They expressed bitter disappointment at the manner signed for shares to the amount of £500 each. in which they had been treated by the associa- - The Lord Mayor: And with this £1,000 you tion and those who acted for that body.-Mr. start the association.-Mr. Henley requested that Campbell stated, in answer to his Lordship, that the Lord Mayor would postpone the case for a he was sole owner of the Barbacoes, subject to few days.— The Lord Mayor: I shall postpone a mortgage.—The Lord Mayor: Who were the the case certainly, and I hope that some satis, persons who engaged to take out the emigrants ? faction may be obtained. "I am decidedly of -Mr. Campbell: The principal managers of opinion that you have a claim upon the ship, and the British American Association, Sir R. Brown, that she is bound to leave you at the place of Sir W. Ogilvie, and Dr. Rolfe. The ship was your original destination. I suppose you would chartered by me to these three commissioners still go to Prince Edward's Island, Mr. Taylor ? to take out emigrants to Prince Edward's Island | -Mr. Taylor: I should not wish to go without -all most respectable men, but not very rich, of coming to a more clear understanding as to the course. (A laugh.) They engaged him to pro. power of the association. I understand they vide the emigrants at £$ per man, and half. have not an acre of land in Prince Edward's price for children, with food and passage out. Island. - The Lord Mayor: What, no land He provided the ship by a contract with Messrs. there ?–Mr. Campbell: Not a single acre, my Leslie and Smith, the extensive provision Lord. (Laughter.)-Mr. Henley: They bar. mierchants, with meat, bread, four, &c., at gained to sell me 150 acres.- The Lord Mayor: £2. 103. per head. Every thing that was requi- It is a most decided and heartless fraud. I site for the voyage was, accordingly to the act would send the concoctors of it to Prince Edof Parliament, most abundantly supplied. The ward's Island with a month’s provisions. I concargo, which was very valuable, was bought sider the emigrants the dupes of a double conupon credit; but now the association is broken spiracy.—He then directed that all the parties up altogether, and I have never received a should appear in a few days.


Yet Mr. Winslow's evidence did go to that CASES.

length. If Mr. Winslow's evidence was to From the British and Foreigo Review.

be received, the Solicitor-general ought at 1. The Plea of Insanity in Criminal Cases. least to have been allowed to call one or

By Forbes Winslow, Esq., Member of more reviewers (the humblest of the craft the Royal College of Surgeons, London: might have sufficed) to prove what the au1843.

thority of such a witness was worth. Those 2. On the different forms of Insanity in re reviewers might have shown that great

lation to Jurisprudence, designed for the confidence was not to be placed in the ac. use of persons concerned in legal questions curacy of a writer who supposes that Lord regarding unsoundness of mind. By Jas. Mansfield tried Bellingham, whereas it was Cowles Prichard, M. D. Baillière : Lon. Sir James Mansfield who at that time filled don, 1842.

the office of Chief-justice of the Common The author of the first of these little Pleas, and delivered the very excellent books was examined as a medical witness charge which led to the conviction of Bel. on M'Naughten's trial, and if his evidence lingham. Nor would they attribute any had any weight at all with the Jury, it could great knowledge of medical jurisprudence only derive that influence froin the circum- to a man who asserts (p. 74) that "the law stance of his being the man who had writ. draws a most absurd distinction between ten a book on the subject. It is to be civil and criminal insanity. A person who regretted that the jury had not some op- exhibits the slightest aberration of mind portunity of forming an opinion of the is considered to be incapable of discharge inaccuracies and fallacies with which this ing his duties as a citizen, is not allowed very book abounds, in common with most to have the management of his affairs, of ihe leading works on medical jurispru- cannot make a will, and is safely shut up dence, especially those written by medical in a mad-house; but should the same indi. men, though Dr. Prichard's Essay forms a vidual, pronounced by the Commissioners very honorable exception to this remark. of Lunacy to be of unsound mind, comof all the imperfections which the late trial mit in a moment of frenzy a criminal act, disclosed in the mode of treating in our he is considered amenable to the law. courts the intricate questions of insane It is quite true that the law does draw a criminality, none strike us as more gross, distinction between civil and criminal in. or more contrary to the cautious spirit of sanity, which we shall shortly examine; English procedure, than the wholesale and but the effect of that distinction is preciseindiscriminating admission of medical evi- ly the opposite of the result pointed out by dence; and in the case of the author before Mr. Winslow. A slight aberration of mind us, this was particularly remarkable. We is not unfrequently admitted as a plea in quote from the report of the trial : criminal proceedings, when it is duly com

“Mr. Forbes Winslow, examined by Mr. mented upon by mad doctors and crude Clarkson :-'I am a surgeon, residing in Guild- psychologists; but we defy Mr. Winslow ford street. I am the author of a work called or his authority to produce a single in"The Plea of Insanity in Criminal Cases con- stance of an individual, pronounced by the sidered.' I have heard all the evidence in this Commissioners of Lunacy to be of unsound case; but I have not been summoned on either side.' My opinion is, that the prisoner is labor- mind, and safely shut up in a mad-house, ing under a morbid delusion, and was incapable, who was ever made amenable to the law, at the time of committing the act in question, of or even put upon his trial for a criminal act controlling his actions."

committed in a moment of frenzy under It is undoubtedly true, that in cases such circumstances. where medical men have not seen the pa- The question of insanity may be raised tient, but have heard the symptoms and in three different forms of proceeding under particulars of his state detailed by other the laws of this country: witnesses at the trial, their opinion on the I. Upon an inquisition under a commis. nature of such symptoms is admissible.* sion out of Chancery as to the alleged But although they may be admitted to give idiocy or lunacy of the party. The ques. their opinion whether ce tain symptoms tion is always tried by a jury, and the effect are symptoms of insanity, it seems they are of their verdict is to pronounce the lunatic not competent to give an opinion whether generally incompetent to manage his affairs. an act for which a prisoner is tried was an II. Questions arising as to the validity of act of insanity.t

any particular instrument, and especially of . Amos and Phillips on Evidence, p. 899.

testamentary instruments, which are tried + Wright's case. Russ. and Ry. Cr. Ca. 456. by the Ecclesiastical Courts, according to

the rules and principles of their own juris- always have most weight with a jury are diction.

those connected with the act for which he III. Upon criminal charges, in which the is tried. A man who had given unequivoplea of insanity is submitted to the appre cal symptoms of lunacy on various occaciation of a jury.

sions might commit a murder under such It is notorious that the difficulty of pro. circumstances of provocation and deliberaving insanity is very great in the first of tion, that no jury would hesitate to decide these cases; less by the second; and least that he was perfectly conscious of the naof all under the third. Many are the luna. ture and consequences of the act he was tics whose state has long been a cause of committing, and therefore responsible for painful apprehension to those about them, them. Again, another man who had given whose habits are irregular—whose delu- no previous indications of insanity night sions are intense—whose will is infirm, but commit a crime, accompanied by such cvion whose state no jury would return a gene- dent marks of frenzy and unconsciousness, ral verdict of unsound mind or incompe- that no jury would convict him of a heinous teney; yet if the same party terminate his moral offence. Hence the jury are drawn own life by his own hand, the same jury into a position of extreme difficulty. The will forthwith adopt the least scintilla of more monstrous the offence, the less probaevidence which can be construed into a sug- bility is there that it will be punished. If gestion of insanity.

M'Naughten had received from his amiable Or if he leave behind him a will so absurd and unfortunate victim the most cruel injuand unjust in its provisions, that it furnishes ries and affronts, he would infallibly have indisputable evidence of the hold which his been hung, for no man would then have morbid aversions or insane predilections doubted that in committing the murder he had gained upon his mind, in such a case was obeying the dictates of an atrocious the Court of Probate will take into its con- but not insane or incoherent revenge ; but sideration the character of the testator at the circumstance of his having murdered a various periods of his life, and will set aside man whom he had never seen or heard of, such a will, although the state of mind of and who was known only by his virtues, the testator was not such as to enable bis furnished in itself a strong ground of prerelations to pray for a commission of luna- sumption that he was insane. That is to cy. Almost all the wills which are set aside say, it furnished in itself conclusive evi. upon this ground are exemplifications of dence of the delusion of the motive: and this fact. If it were as easy to make a per- in our view of this case, and of the deli. son a lanatic during his life as it is to set cate shades of legal and psychological analaside wills after death, it is clear that heirs- ysis connected with it, the main error is in at-law and next of kin would be inclined to confounding this delusion as to the motive, interpose at an earlier period to place their with delusion as to the act. We find this expectations under the protection of the confusion running through all the medical Court of Chancery.

evidence on the subject; we trace it in the Lastly, when a crime has been commit. observations of counsel on either side ; and ted, and insanity is pleaded on behalf of even in the luminous observations which the prisoner, the proofs of insanity are the late deplorable occurrence has elicited submitted to a jury, who decide upon them, from the highest legal authorities in the or ought to decide upon them, not as affect. House of Lords, we do not find that this ing the general sanity of the person, (as in distinction has been taken. the case of an inquisition of lunacy,) but in Dr. Prichard differs from the majority of relation to the particular act with which he writers on insane criminality by admitting is charged.

and exemplifying in a very striking manner The most obvious reason which renders the distinction between hallucinations of it less easy to obtain a verdict of lunacy in the mental faculties and unsoundness of the the first of these cases than to set aside a active powers. Georget, one of the most will or to obtain the acquittal of a murderer, able French writers on disorders of the is that the absurdity of the will or the enor. brain, had already observed, “Il est des mity of the murder act very powerfully on malades qui ne déraisonnent point du tout, the minds of the court or the jury in sup- et chez lezquels on n'observe qu'une per: port of the alleged insanity. It cannot be version plus ou moins, profonde des sen. otherwise. A presumption of insanity may timens et des affections, sans agitation of course be drawn from the previous ec marquée ni fureur, ou bien un état habituel centricities, abberrations or delusions of d'agitation, de colère, d'emportement et the criminal's life. But the facts which will I quelquefois même de fureur mais sans

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