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 The Legal Aspect of the Maybrick Case,

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THE LEGAL ASPECT OF THE MAYBRICK CASE. BY CLARK BELL, LL.D., OF THE NEW YORK BAR.* THE report of the Woman's Committee of the Psychological Section of the Medico-Legal Society, presented for discus sion at the October meeting of that body for action, presented the following proposi tions : — "Your committee are of opinion that the case of Mrs. Maybrick is one that is fairly within the realm of the Medico- 1.egal Society and notably of the Psychological Section. "We are of the opinion that the verdict of the jury was not supported by the evidence of that case. "We concur in the opinion expressed by Sir Charles Russell, now Lord High Chief Justice of Kngland, in commenting upon the unfair charge of Sir James Fitz James Stephen, the trial justice, in his charge to the Jury. ' He passionately in vited the jury to find a verdict of " Guilty," tak ing two days to sum up, the first day as a judge, and on the second day raged like a violent coun sel for the prosecution.' "We believe that the language of the charge of that trial judge was in violation of that principle of the law of England which forbids a judge to permit a jury to ascertain, from either his lan guage or manner, the judge's opinion of the merits of the controversy they are to decide upon. While we recognize the extraordinary power conferred upon the trial judges in homi cidal cases in England, and the right sometimes exercised by the British judges upon what may be fairly deemed their discretionary or even paternal power, either over the accused or the majesty and spirit of the law, we are still of the opinion, that among all English-speaking people there will be no two opinions among jurists throughout the world, that Sir James Fitz James Stephen on this trial transcended the true spirit of the law of England, in his animadversions against the accused before the jury who had to decide her fate. "We believe that if the evidence in the Maybrick case could be under English usages sub mitted to an English Court of Review the verdict of the jury would be set aside, and judgment re versed for Errors of Law. "We concur in the opinion expressed by the

eminent English counsel, Sir Charles Russell (now chief justice), Fletcher Moulton, Q. C., Mr. Poland, Q.C., and Mr. McDougal, after a careful review of the evidence with a view of determining whether, in their opinion, the verdict was justified by the evidence, that the verdict of the jury was not justified by the evidence. "We are of the opinion that the action of the Home Secretary in commuting this sentence fell short of what it should have been, because if the verdict was right and legal it should not have interfered with the proper punishment of a poi soner, and that if the Home Secretary intervened at all it should have been for a full release. "We are of opinion that the verdict of judi cial opinion throughout all Christendom will he : That if, under the law of England, an illegal conviction cannot be remedied under existing forms and usages under the British Constitution and laws, then that the right of appeal should be engrafted, in all cases where human life is at stake, upon the present English system, to pre vent miscarriage of justice in future cases. "We rejoice that under the British Constitution there is one woman in England who has the power and the right to interfere and do justice in this case. We remember her long and splendid reign, unsullied . by one unwomanly act; her strong sense of justice, her fearlessness in doing what she believes to be right; and we appeal to her to end this unfortunate controversy by grant ing a full pardon to this unfortunate woman." That report, after an animated discussion, received the endorsement and approval of the Medico-Legal Society at the October session of 1896. The decision of Mr. Matthews, Q.C., the then Home Secretary, in the case of Mrs. Maybrick, was thus announced (except ital ics, which are mine) : — "We are given to understand that the Home Secretary, after the fullest consideration and after taking the best medical and legal advice that could be obtained, has advised her Majesty to respite the capital sentence on Florence Maybrick, and to commute the punishment to penal servitude for life : inasmuch as though the evi

1 Read before the Medico-Legal Soc ety of New York, March 17, 1897.