Is placed on the wains, no damage sustains,
And morning now blushes o'er Italy's plains.



Pope Gregory sits in Saint Peter's chair,

High in the Vatican's vestibule :
The morning brecze ruffles his hoary hair,

Makes his nose red as coral, and quite as cool.
Beside him are seated the noble and fair,

And monarchs, who bowed to the papal rule ;
Layman and freyre are assembled there ;
The capuchin togg'd in his gown of horse-hair,
The cardinal flares like a human flamingo,
All the pope's staff are assembled, by Jingo!
Differing in order, in country, and lingo,
As differs St. Clara from swart St. Domingo.
Pale, on the right, in her beauty bright,
Stands Leonora, to witness the sight;
Her heart is throbbing, and full well it might!
For yonder who stands with an axe in his hand ?
'Tis the headsman! The scaffold is girt by the bands
Of the pontiff; and if before set of sun
The task of the architect fails to be done,
His sand has run, and his head has spun
On the sand of that scaffold, as sure as a gun!
Antonio stands on the left, and below
Is the pedestal. Round, ninety yards from the ground,

Spirally rising in many a row,
Poles, horizontal, and vertical bound,
Are furnished with pulleys, etcetera, all sound :

Whatever his need is,

Such as Archimedes,
In solving himself such a task would have found.
The multitude surges like meeting seas,
When, lo! a red flag is upheld to the breeze ;
And a few moments after the sky's highest rafter
Resounds to the people's exulting hurrahs;

Who, yoked to the wagon, triumphantly drag on
The column without either bustle or pause ;
Just as ants drag the corpus ('tis Darwin who sings)
Of a Brobdignag dragon-fly clipt of his wings.
The pillar is now at the pedestal's base, —
Anxiety glows from the stolidest face.

Even Kilkenny Joe

Would have ceased to be so
Calibanic, were he then at Rome. The grimace

Of our ministry's Liston

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Waves a banner of white.

Why shudders with fright
Antonio ? The column is towering upright,
But not in the centre! No powers of man
Can raise up that pillar a single span.
No hopes in the pope's ten thousand of ropes,
With a Briareus pulling at every one:
All sure to fail, as to tug at that tail
Which the ministry's father, “ the first Whig," sopes.
In the gloom of despair is Antonio bow'd;
Droops the fair donna and cavalier proud ;
Murmurs the crowd in compassion aloud,
And the beadsman is spreading the victim's shroud !

Now all is still

As the heath on the hill;
Each heart checks its pulse, and each forehead is chill.
O'er the multitude vast pale Horror has cast
Her sceptre, and smiles on the scaffold aghast,
Then sighs for the scene she expects to regale her.
Barbone, the gaoler, is looking much paler;
The cardinal sec. blubbers like a blancbec,
And vainly the pope would his snivelling check.
Weeps monk and mun. In five minutes the sun
Will have set, and the work of the headsman is done !
How felt at this moment Rome's loveliest daughter ?
She faints ! in his arms the lost one has caught her ;

When the gaoler, Barbone,

Sings out to a croney. " To fetch the signora a goblet of water."


"Αριστον μεν ύδωρ. . “ Water!" the architect shouted with joy.

* Wet the ropes !" They contract! and the column is now Poised o'er the centre. "'Tis fix'd! and each brow Monarch or mendicant, grey beard or boy, Is lit up with gladness. The fair Leonora (A mixture between your Gulnare and Medora) Now opens her eyes, and with agony sighs: But starts as the joy-shouts are rending the skies.

At Pope Gregory's beck,

My lord cardinal sec. Leads the pair to the throne, and pipes all hands on deck To witness the wedding; and monarch and monk, An hour or two after the sun had been sunk.






Although crime is still rife in the include the reservatory words, land of Britain, it is consolatory to cept the actual murderer.” But he know that, notwithstanding the re- who has been the actual cause of cent relaxation of the terrors of the death is not always the most guilty law, violence to the person is not so party. Let us illustrate this (to frequent an attendant on robbery as many) anomalous proposition by one it was some twenty years since.

actual case. We would not be unFormerly, burglaries were so often derstood, in the case we are about to attended with murder, that not only give, to question the judgment of the was the government called on to offer court ; our object is only to shew, large rewards for the discovery of that even in cases of murder it freoffenders, but the crown so far ex- quently happens, that when the autended its prerogative as to offer a thorities think they award the sefree pardon to one criminal that the verest punishment to the most guilty conviction of other accomplices might in a gang of robbers, they are misbe effected.

taken. These measures were deemed ne- A., a known blood-thirsty chacessary for carrying out the ends of

racter, proposed to C. and D. that justice on the guilty ; how far these they should join him in committing a objects have been attained by the burglary where a good booty was exercise of the prerogative may be expected. worth inquiry

" I've no objection to the swag," However satisfactory it may be to said B. ; “ but if we go out together, the public, who in all ages have ge- mind i'll have no crokers (dead nerally been too fond of the ler men). If we can't do our business talionis, to witness the execution of without them, why, then, I'd sooner some human being for every murder follow some other game." C. agreed committed, those who know the se- with B., both consenting to join in crets of the prison-house, and are as the robbery, on the

express condition it were behind the wicket, have many of no violence being offered to any horrible facts to communicate con- person. nected with the modus operandi of The same night, the thieves enking's evidence, especially some years tered into a house occupied by a since, from which many important single gentleman and his houseinferences may be deduced as to the keeper, who was deaf.

The booty policy of continuing the practice. not being found where it was

The crime of murder, when made pected, they agreed to proceed to the


with a small crow-bar. B. arrested pose of illustrating a particular inhis arm with one hand, while with stance of the effect of admitting the the other he forced the brutal assail- evidence of approvers in cases when ant from the spot. C., while this their own lives are in danger. On was going on, kept watch at the the contrary, it is only one out of a door, still commanding a view of the number which can be attested by room; and, witnessing the attempt of evidence equally forcible, if the A., rushed forward to assist B. in statements and confessions of dying preventing a fatal result. The gen- men may be adduced in support of tleman, then becoming alarmed, sud- their being founded on the basis of denly sprang out of bed, and seizing truth. a sword which hung near him, made There may be persons who would a pass at B., whose back was towards remind us that, after all, no great him. The latter, feeling himself mischief was wrought in the case we wounded in the shoulder, turned have cited, as all the parties, ab round, and with a blow from his initio, went out to commit a crime clenched fist knocked the gentleman that was punishable with death. down. A., who had recovered him- To reason with those who would self, then turned round, and levelled justify a legal wrong on such grounds a blow with the before-named bar, will be a waste of time. There were which he still held in his hand, at shades -- nay, marked lines- of difthe fallen gentleman's head, which ference in the turpitude of the caused instant death.

offenders. By the words of the proB. and C. immediately denounced clamation, the authorities gave proof their comrade as a blood-thirsty of their desire to distinguish these villain, and left the house, resolving shades of lines of guilt. Did they never again to be associated with him effect their object? We have seen. in any other scheme of robbery. The most guilty of the three escaped,

All the property stolen on that and received, too, a large reward for night was subsequently carried off by his crime,- that of murder, be it reA.

membered. The next in guilt- he A few days after this murder was who knocked the murdered gentleperpetrated, a proclamation was is- man down, as he said, in self-defence sued, offering a reward and promise - was transported. The third -- a of pardon to any accomplice, not the guilty man, certainly -- who interactual murderer, who would impeach posed to save the loss of life, was his companion in the crime.

executed. A. was the first to avail himself of We need only ask whether it was this offer; and making out his own the object of those who caused the statement of the affair, caused the proclamation to be issued, to reward execution of C. and the transporta- and set at liberty, armed with intion of B. These particulars were demnity for the past against punishfirst collected from the malefactor ment, a ruffian that had committed a that suffered ; they were also con- murder, that even his accomplices firmed by his companion, whose denounced as being the effect of a sentence of death was commuted to blood-thirsty disposition. Certainly that of transportation; and, finally, not. Then the authorities failed in were verified by the actual murderer, their object. If it be asked, How who a few years subsequently was often the exercise of the prerogative executed at the Old Bailey for a si- in similar cases succeeds ? the remilar brutal offence.

ply may be, in proportion of one to Thus, in a moral sense, the evi- five. dence of the truth of the statement Touching the question of incidental is derived from a better source (if we murders, attendant on the commission consider the motives such characters of minor offences- that is, where have to withhold the truth) than robbers go out to commit a crime any collected in open courts of law : without any intention of taking life “ Hora mortis, hora veritatis."

-a few remarks here may not be

out of place. All homicides in law It must not be supposed that this are included under three heads : 1, case has been selected as one of pe- justifiable; 2, excusable ; 3, feculiarity or insulation, for the pur- lonious. However desirable it



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that all laws should be as definite as with his iron-tipped boot, and thus couses they can be expressed in language,

his death. In such a case a trespass yet the attempt to trace and mark all would have been committed, damage of the shades of difference which may

which might be sixpence; but the falloccur under the three heads of homi

ing was no trespass, yet under the con. cide must in the very nature of

struction of the law the boy must be things fail. Few cases, when all the

hanged." circumstances are taken into consi- “ That is law," says Sir E. Coke,deration, are alike. There is also, a doctrine to which the judges of the arising out of the natural horror all present day respond unu voce.

So, if mortals have of death, a great indis- a starving man, who snatches a penny position among all classes of mankind, loaf from a baker's shop, and in his in an investigation as to the causes of speed to escape with it runs against a violent death, to seek for the shades another, and causes his death, he is of difference, or acknowledge them guilty of murder. when found. Murder is murder Previously to the very judicious they affirm, and is unlike any other alterations of the law in cases of crime, having no extenuating points manslaughter, many convictions for connected with it.

murder occurred which strictly did Most legal writers agree, that to not come within the meaning of the constitute a murder, the killing must legal definition of that offence; while have a forethought, and be of malice numbers escaped, or only received a prepense. Bacton, fol. 134, in his minor punishment under charges of time, defined murder curiously aggravated manslaughter, which juenough :

ries thought did not amount to murThe secret killing of a man, when

der, as the definition of that crime none besides the killer or his com. was explained from the bench. panions saw or knew it; so that it was The number of crimes, both of not known who did it, nor fresh suit enormity and minor kinds, has precould be made after the doer; therefore, sented a sufficiently formidable array every such killing was called murder, of delinquency at all periods of because it could not be known whether

British history, without straining the it could be felony or not; for a man law to increase the calendar, or holdmay be found dead that kills bimself, or

ing out encouragement to the guilty was lawfully killed by another. This name of murder came to be more horrid

for the commission of new crimes, by when it was secretly done, so that it

swearing away the lives of their less made every man to consider of their guilty companions, and painting the own danger, and him that saw the dead

blotted surface of society wholly body to boggle at it, as a horse will do at

black. a dead horse."

Hlowever desirable it may be that By the fiction of our law, the

the law should be acquitted, the pubjudges have made out malice afore

lic ought never to be led to exult in thought to consist in going out to

the conviction or punishment of an

offender. commit any illegal act; and that in

They should be rather

induced to deplore the necessity of consequence, if death occur out of

punishment, and know as little as

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