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R v Edward Oxford

State Trials Cited authorities 7 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date11 July 1840
Date11 July 1840
CourtState Trial Proceedings
33 Hen. 8. c. 20. Criminal Law: High Treason
39 & 40 Geo. 3. c. 93. The Treason Act, 1800
5 & 6 Vict. c. 51. The Treason Act, 1842
46 & 47 Vict. c. 38. Trial of Lunatics Act, 1883
THE QUEEN against OXFORD. TRIAL OF EDWARD OXFORD FOR HIGH TREASON AT THE CENTRAL CRIMINAL COURT, BEFORE LORD DENMAN, L.C.J., ALDERSON, B., AND MAULE, J., JULY 9, 10, AND 11, 1840. (Reported in 9 C. & P. 525.) On June 10, 1840, the Queen, whilst driving up Constitution Hill, was twice fired at by Edward Oxford, aged eighteen. Oxford was .indicted for high treason. Verdict, Not guilty, he being at the time iusane.(a) Ruled by the Court per Lord Denman, L.C.J.- Defence of Insanity. To acquit the prisoner on the ground of insanity, the jury must be satisfied that he was labouring under such a disease as rendered him quite unaware of the nature, character, and consequences of the act be was committing ; or, in other words, that he was under the influence of a diseased mind, and was really unconscious at the time he committed the act that it was a crime. (a) It is now provided by 46 & 47 Viet. c. 38. s. 2 (1) that where in any indictment or information any act or omission is charged against any person, and it is given in evidence on the trial of such person for that offence that he was insane, so as not to be responsible according to law for his actions at the time when the act was done or omission made, then, if it appears to the jury before whom such person is tried that the prisoner did the act or made the omission charged, but was insane as aforesaid at the time when he did or made the same, the jury shall return a special verdict to the effect that the accused was guilty of the act or omission charged against him, but was insane as aforesaid when he did the act or made the omission. The trial of Edward Oxford, for shooting at the Queen.(a) AT THE CENTRAL CRIMINAL COURT. Thursday, July 9, 1840. Present: Lord DENMAN, L.C.J., ALDER-ION, B., and MAULE, J. The prisoner was placed at the bar, and the judges having taken their seats, the clerk of arraigns read the indictment, which was as follows : INDICTMENT. Central Criminal Court 1 The jurors for our Lady to wit. f the Queen upon their oath present, that Edward Oxford, late of West- (a) PRELIMINARY PROCEEDINGS. In the morning of June 11, Oxford was examined before the Marquis of Normanby, Home Secretary, at the Home Office. The Privy Council met at two oclock in the afternoon, when the depositions taken in the morning were read over in presence of the prisoner and of the witnesses, who were bound over to appear and give evidence at the trial. The prisoner was afterwards committed to Newgate by the Home Secretary under the following warrant :- " The Right Hon. Henry Constantine, Marquis of Normanby, one of Her Majestys most Hon. Privy Council, and Principal Secre- tary of State for the Home Department, &c. "These are in Her Majestys name to authorise and require you to receive the body of minster, in the county of Middlesex, labourer, being a subject of our Lady the Queen, heretofore to wit, on the 10th of June, in the year of our Lord 1840, within the jurisdiction of the said Court, as a false traitor to our Lady the Queen, maliciously and traitorously, with force and arms, &c., did compass, imagine, and intend to bring and put our said Lady the Queen to death. Edward Oxford, sent you for high treason, and you are to keep him safe and close until he shall be delivered by due course of law, and for so doing this shall be your warrant. " Given under my hand and seal at Whitehall the 11th day of June 1840. "NORMANBY. " To the Keeper of Her Majestys Gaol of Newgate." June 22. The prisoner was arraigned at the Central Criminal Court before Tindal, C.J., and Parke, B., and pleaded Not Guilty. Sidney Taylor, for the prisoner, applied that the trial should be postponed to the next sessions, and read an affidavit by the prisoners solicitor, stating that the delay was required to procure evidence of the prisoners insanity, and also that the public mind had been much excited by untrue rumours and reports in the public press. The affidavit set out a letter addressed by OConnell to the people of Ireland and published in the Standard of June 20, which attributed " the concoction of this horrible crime to some of the underlings of the Orange-Tory faction which naturally detests the virtues of our beloved Queen, and sighs for the protection and countenance of a monarch whom they deem 499] The Queen against Oxford, 1840. [500 And to fulfil, perfect, and bring to effect his most evil and wicked treason, and treasonable compassing and imagination as aforesaid, he the said Edward Oxford, as such false traitor as aforesaid, to wit, on the said 10th day of June in the year of our Lord 1840 aforesaid, and within the jurisdiction of the said Court, with force and arms, maliciously and traitorously did shoot off and discharge a certain pistol, the same then and there being loaded with gunpowder and a certain bullet, and which pistol he, the said Edward Oxford, then and there had and held in one of his hands, at the person of our said Lady the Queen, with intent thereby and therewith maliciously and traitorously to shoot, assassinate, kill, and put to death our said Lady the Queen. And, further, to fulfil, perfect, and bring to effect his most evil and wicked treason and treasonable compassing and imagination aforesaid, he the said Edward Oxford, as such false traitor as aforesaid, afterwards, to wit on the said 10th day of June in the year of our Lord 1840 aforesaid, and within the jurisdiction of the said Court, with force and arms maliciously and traitorously did shoot off and discharge a certain other pistol, the same then and there being loaded with gunpowder and a certain bullet, and which pistol he the said Edward Oxford then and there had and held in one of his hands, at the person of our Lady the Queen, with intent thereby and therewith maliciously and traitorously to shoot, assassinate, kill, and put to death our said Lady the Queen, and thereby then and there traitorously made a direct attempt against the life of our said Lady the Queen against the duty of the allegiance of him, the said Edward Oxford, against the form of the statute in that case made and provided, and against the peace of our said Lady the Queen, her Crown and dignity. The prisoner pleaded " Not Guilty." The jury were called and sworn without challenge on the part of the Crown or the prisoner :- John Palmer. Daniel Pretty. Richard Henry May. John Maxden. William Potter. Samuel Mitchell. Charles Arnistead. James Moore. Joseph Patrick. Joseph Miller. George William Martin. Thomas John Peat. to possess opinions and qualities of an opposite character." The Attorney General stated that he refrained from opposing the application on the sole ground that it had been sworn that the necessary evidence for the defence was not yet ready. He should be extremely sorry that it should be charged against the Attorney General of the day by a future historian that he had followed the example of the Attorney General who had hurried on the trial of Bellingham for shooting Counsel for the Crown : The Attorney General (Sir Joh,n Campbell), (a) the Solicitor General (Sir Thomas Wilde,(b) Sir Frederick Pollock,(c) Wightman,(d) Adolphus, and Gurney. Counsel for the prisoner: Sidney Taylor and Bodkin. Gurney opened the indictment. SPEECH FOR THE CROWN. Attorney General : May it please your Lordships, gentlemen of the Jury,--You have now to discharge a most important duty. We are now entering upon a most solemn investigation. Gentlemen, it is for you to do your duty between the Crown and the accused. Such confidence have the counsel on both sides in the jurors who have been summoned here this day, that there has not been one challenge on the part of the Crown or on the part of the prisoner. Gentlemen, the prisoner stands charged with the crime of High Treason, the greatest crime known to the law, and he stands charged with that offence in its most aggravated form ; he is charged with having made a direct attempt on the life of the Sovereign. Gentlemen, that crime, according to the law of this country, and, indeed, of all other countries in which monarchy is the form of Government. must be considered very heinous. By an Act passed in the twenty-fifth year of the reign of King Edward 3, by which the law of High Treason in this country was defined, it is enacted that, if any one shall imagine and compass the death of the Sovereign, and be guilty of any overt act to show the intention of such a crime, he shall be guilty of High Treason. The offence is imagining and compassing the death of the Sovereign, and that is to be proved by some overt act. It is upon this Act, which has constituted the great safeguard of the liberties of England ever since it passed, that the prisoner is now indicted. The mode of conducting the trial is regulated by an Act passed in the 40th year of King George 3,(e)which provides that where in a trial for High Treason the overt act to be proved shall be a direct attempt on the life of the Sovereign, the trial shall be conducted in the same manner as in cases of murder. The object of this Act was to Mr. Perceval, although it was stated on affidavit that conclusive evidence to prove that the prisoner was insane would be forthcoming if the trial were postponed. (a) Afterwards Lord Campbell, L.C. (b) Lord Truro, L.C. (c) Lord Chief Baron. (d) a Justice of the Queens Bench. (e) 39 & 40 Geo. 3. c. 93. 501] The Queen against Oxford, 1840. [502 give the life of the Sovereign the same protection as is afforded to the meanest subject of the land : because, before this statute. it was necessary on an indictment for High. Treason, even where the life of the Sovereign was attempted, or where that life had fallen a sacrifice to the wicked attempt, to prove the overt act by the testimony of two witnesses ; and there were a number of other forms required...

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    • United Kingdom
    • State Trial Proceedings
    • 11 July 1850
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