There have been cases in which a traveller has been robbed on the highway of twenty guineas, which he had taken the precaution to mark--one of these is found to have been paid away or changed by one of the servants of the inn which the traveller reaches the same evening--the servant is about the height of the robber, who had been cloaked and disguised--his master deposes to his having been recently unaccountably extravagant and flush of gold--and on his trunk being searched the other nineteen marked guineas and the traveller's purse are found there, the servant being asleep at the time, half-drunk--he is of course convicted and hung, for the crime of which his master was the author! There have been cases in which a father and daughter have been overheard in violent dispute--the words "barbarity", "cruelly", and "death", being heard frequently to proceed from the latter--the former goes out locking the door behind him--groans are overheard, and the words, "cruel father, thou art the cause of my death!"--on the room being opened she is found on the point of death from a wound in her side, and near her the knife with which it had been inflicted--and on being questioned as to her owing her death to her father, her last motion before expiring is an expression of assent-- the father, on returning to the room, exhibits the usual evidences of guilt--he, too, is of course hung--and it is not till nearly a year afterwards that, on the discovery of conclusive evidence that it was a suicide, the vain reparation is made, to his memory by the public authorities, of--waving a pair of colours over his grave in token of the recognition of his innocence."

More than a hundred such cases are known, it is said in this Report, in English criminal jurisprudence. The same Report contains three striking cases of supposed criminals being unjustly hanged in America; and also five more in which people whose innocence was not afterwards established were put to death on evidence as purely circumstantial and as doubtful, to say the least of it, as any that was held to be sufficient in this general summary of legal murders. Mr. O'Connell defended, in Ireland, within five and twenty years, three brothers who were hanged for a murder of which they were afterwards shown to have been innocent. I cannot find the reference at this moment, but I have seen it stated on good authority, that but for the exertions, I think of the present Lord Chief Baron, six or seven innocent men would certainly have been hanged. Such are the instances of wrong judgment which are known to us. How many more there may be in which the real murderers never disclosed their guilt, or were never discovered, and where the odium of great crimes still rests on guiltless people long since resolved to dust in their untimely graves, no human power can tell.

The effect of public executions on those who witness them, requires no better illustration, and can have none, than the scene which any execution in itself presents, and the general Police-office knowledge of the offences arising out of them. I have stated my belief that the study of rude scenes leads to the disregard of human life, and to murder. Referring, since that expression of opinion, to the very last trial for murder in London, I have made inquiry, and am assured that the youth now under sentence of death in Newgate for the murder of his master in Drury Lane, was a vigilant spectator of the three last public executions in this City. What effects a daily increasing familiarity with the scaffold, and with death upon it, wrought in France in the Great Revolution, everybody knows. In reference to this very question of Capital Punishment, Robespierre himself, before he was

"in blood stept in so far",

warned the National Assembly that in taking human life, and in displaying before the eyes of the people scenes of cruelty and the bodies of murdered men, the law awakened ferocious prejudices, which gave birth to a long and growing train of their own kind. With how much reason this was said, let his own detestable name bear witness! If we would know how callous and hardened society, even in a peaceful and settled state, becomes to public executions when they are frequent, let us recollect how few they were who made the last attempt to stay the dreadful Monday-morning spectacles of men and women strung up in a row for crimes as different in their degree as our whole social scheme is different in its component parts, which, within some fifteen years or so, made human shambles of the Old Bailey.