R v Edward Oxford
| Jurisdiction | England & Wales |
| Judgment Date | 09 July 1840 |
| Date | 09 July 1840 |
| Court | Central Criminal Court |
English Reports Citation: 173 E.R. 941
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
S. C 4 St. Tr. (N. S.) 497; 1 Town. St Tr. 102 Referred to, Camroux v. Brown, 1848, 2 Ex. 487; Felstead v. R, [1914] A C. 534
Before Lord Denman, C J., Mr. Baron Alderson, and Mr. Justice Patteson July 9th, 1840 eegina v. edward oxford. (If in an indictment for treason, it be stated as an overt act that the prisoner discharged at the Sovereign a pistol loaded with powder and a certain bullet, and thereby made a direct attempt on the life of the Sovereign : the jury must be satisfied that the pistol was a loaded pistol: that is, that there was something in it beyond the powder and wadding ; but it seems it is not necessary for them to be satisfied that it was actually loaded with that which is generally known by the name of a bullet. If to such a charge the defence set up be insanity, tho question for the jury will be whether the prisoner was labouring under that species of insanity which satisfies them that he was quite unaware of the nature, character, and consequences of the act he was committing or in other words, whether he was under the influence of a diseased mind, and was really unconscious at the time he was committing the act that it was a crime If the jury in such a case are of opinion that the prisoner did not in fact do all that the law deems essential to constitute the ofience charged, they must find him not guilty generally , and the Court have no power to order his detention under the 39 & 40 Geo. III. c 94, s. 2, although the jury should be clearly of opinion that the prisoner was in fact insane, such a state of circumstances appearing to be casn* omissus in the act) OS. C 4 St. Tr. (N. S.) 497 ; 1 Town. St Tr. 102 Referred to, Gamroux v. Brown, 1848, 2 Ex. 487 ; Felstead v. R , [1914J A C. 534 ] The indictment stated in substance that the prisoner being a subject of our Lady the Queen, on the 10th of June, as a false traitor, maliciously and traitorously did oompass, imagine, and intend to bring and put our said Lady the Queen to death , and to fulfil, perfect, and bring to effect his treason and treasonable compassing and imagination, he, as such false traitor, maliciously and traitorously did shoot off and discharge a certain pistol loaded with gunpowder and a certain bullet, which pistol he heki 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 thereby traitorously made a direct attempt against the life of our said Lady the Queen. And further, to fulfil and bring to effect his treason and treasonable compassing^ &c. aforesaid, he, as such false [526] traitor, on, the 10th of June, maliciously and traitorously did shoot off and discharge a certain other pistol loaded with gunpowder and a certain bullet, which ho held in one of his hands, at the person of our said Lady the Queen, with intent thereby maliciously and traitorously to shoot, assassinate, kill, and put to death our said Lady the Queen, and thereby traitorously made a direct attempt against the life of our said Lady the Queen ; against the duty of his allegiance and against the statute, &c -The prisoner pleaded Not guilty (a). Campbell, A. G , for the Crown.-By the stat. 25, Edw III. c 2, which regulates the law o~f iigh treason, it is enacted that when a man doth compass or imagine the death of his Majesty, and thereof be probably attainted of open deed by men of his condition, it shall be judged treason The statute speaks of the offence and an overt act. The offence charged is the compassing and imagining the death of the Sovereign, and the charge is to be made out by the act that was done. The Act of Parliament (a) The prisoner had pleaded at the last session , but his trial having been postponed to the present session, he was called upon to plead de novo. 942 REGINA V. OXFORD 9 CAR. & P. 527. 39 & 40 Çreo. Ill c. 9$ (6), was intended to give the life of the Sovereign the same protection that is given to the meanest subject in the laud. For, before the passing [52f7] f that statute, even where the death of the Sovereign was occasioned, there were r^qruired many formalities which were very proper in oases of rebellion or other politicil treaaom There will be two questions in tins case -first, Whether supposing the prisoner to be accountable for his actions, he, in point of fact, comnntted the offence imputed ; and secondly, Whether at the time he committed the act, he was accountable lor his actions. The burthen of proof with respect to the first rests wholly on the prosecution ; the other is to be proved by the prisoner It will appear from the evidence, that he had deliberately formed a plan to make au attempt on the life of the Sovereign. In the early part of May he bought a pair of pistols and a powder flask, and practised shooting at several shooting galleries On the 3rd of June he bought some copper caps, inquired where he could buy bullets, and said he had some gunpowder. On the evening of the 9th of June he was in possession of a pistol, and said that it was loaded. He was asked what he meant to do with it, and refused to tell, but said he had been firing at a target. On Wednesday, the 10th of June, about six o'clock in the evening, the Queen and Prince Albert left the palace in a low open carnage, drawn by four horses, with two out-riders before, and no other attendants. The Queen sat upon the left side, and Prince Albert on the right , they drove up Constitution Hill, and about a third of the way between the palace and the triumphal arch was the prisoner, watching their approach he was walking backward and forward with his hands under the lappelt. of his coat , he was on the right-hand aide, and as the carnage approached he turned round and nodded, and discharged a pistol; the ball was heard to whiz by on the opposite side The carriage went on ; he then looked back and aimed another pistol at her Majesty , the Queen stooped on seeing him ; the ball from this pistol was heard to whiz on the opposite side ; the Queen then drove to the residence of the Duchess of Kent , there were a number of persons on [528] the left hand, between the road and the gardens of Buckingham Palace , another man was at first seized and accused by mistake, when the prisoner said " It was me, I did it, I surrender myself " He was taken to the statioii-house, and when there he asked whether the Queen was hurt, and after being told she was not, he was asked if there were not bullets in the pistols, and he admitted that there were ; his lodgings were searched, and in his box was found a, swold and scabbard, two pistol bags, a bullet-inould, a black crape, a razor, a powder-flask containing about three ounces of powder, five leaden bullets, and iourteen percussion caps; there was also a pocket-book containing various papers ; he said he had intended to destroy the papers in the morning before he went out ; the first paper was without a date ; it was headed " Young England," &c. , the contents were as follow :-" Rules and Regulations. 1 That every member shall be providbd with a brace of pistols, a sword, rifle, and a dagger , the two latter to be kept at the committee-room. 2 That every member must, on entering, take the oath of allegiance, to be true to the cause he has joined 3 That every member must, on entering the house, give a signal to the sentry 4 That every officer shall have a factitious name , hia right name and address to be kept with the secretary. 5 That every member shall, when he is ordered to meet, be armed with a brace of pistols! (loaded), and a sword to repel any attack, and also be provided with a black crape cap to cover his face, with his marks of distinction outside 6 That whenever any member wishes to introduce any new member, he must give satisfactory accounts (b) The atatute provides that in all cases of high treason, in compassing and imagining the death of his Majesty, and misprision of such treason, where the overt act or acts thereof alleged in the indictment for such offence shall be assassination and lolling of his Majesty, or any direct attempt against his life or against his person, whereby nis liie may be endangered, or his person suffer bodily harm, the persons charged therewith may be indicted, arraigned, tried, and attainted in the same manner and course of trial, and upon like evidence, as if such person stood charged with murder , and none of the provisions of the 7 & 8 W III c. 3, or 7 Anne, c 21 [for which see R v. frost, ante, p. 129J, touching trials in cases of treason, shall extend to any indictment for high treason, or misprision of treason, where the overt act alleged thereit is as aioresaid, but on conviction, judgment and execution shall be done as in cases of high treason. 943AB. ftP. 629. REGINA V. OXFORD 943 o£ him to the superiors, and from thence to the council. 7. Any member who can procure 100 men shall be promoted to the rank of captain. 8 Any member holding communications with any country agents must instantly forward the intelligence to the secretary 9. That whenever any member is ordered down the country, or abroad, he must take various disguises with him, as the la-[529]-bourer, the mechanic, and the gentleman ; all of which he can obtain at the committee-room. 10 That any member wishing to absent himself for more than one month, must obtain leave ffom the coinmander-in-chief. 11 That no member will be allowed to speak during any debate, nor allowed to ask more than two questions. All the printed rules kept at the committee-room.-List of principal members-Factitious names-President ò Oowrie Council: Justinian, Ernest, Alowaii, Augustia, Colomau, Ethelred, Kenneth, Ferdinand, Godfrey, Nicholas, Hambal, Gregory. Generals . Fredeni, Otho, Augustus, Anthony Captains Oxonian, Louis, Mildoii, Amadeus. Lieutenants...
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