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ner's being at large under the circumstances with which he was afflicted." P. 84.
We ought here to remind our readers, that in the Morning Chronicle of the 6th, of November, appeared a statement signed by thirteen most respectable friends of Mr. Turner, flatly contradiciing the statement of Mr. Gibson, and declaring the perfect sanity of Mr. Turnier,
The third insinuation and conveyed in more places than one :
“ Sarah Peer corroborated the circumstance of the warning having been given to Eliza Fenning by Mrs. Turner, and added, spontaneously, “after that I heard her say she should not like Mr. and Mrs. Robert Turner." We were certainly surprised that NO cross-examination took place in this stage of the evidence. There must have been some conversation between the witness and the prisoner which led to this observation. We should have been curious to have ascertained the particulars; and we are far from thinking it improbable that a little legal sifting might have been resorted to, on this occasion, with good effect. We repeat, that where such serious issues hang upon a connexion of circumstances, the utmost care ought to be taken to leave nothing uninvestigated, which can be inquired into. This witness it was who fetched the milk, who received the yeast of the brewer, and who took up the dumplings to table, but who went out immediately, having previously received her mistress's permission, and consequently did not partake of the dumplings.” Append. p. 44. And again in the memorial of Eliza Fenning to the Lord Chancellor :
“ Thomas King (one of the apprentices, who was not examined on the Trial), was in the front kitchen while I was in the back roong cleaning the knives: I thought it was my mistress ; but as I was going into the kitchen I met him, and asked wliat he had been doing. To which he made no reply, but went up stairs. Now, God forbid that I should impeach any person ; I only relate this circumstance, as I am informed that arsenick, merely sprinkled over the dough, would infuse itself through the whole; and it ap. peared that the arsenick was put by Mr. Turner in a place open to any body." P. 73.
The fourth and most extraordinary point is urged in the following manner :
* Mr. Marshall does not say one word about arsenick in the dumplings; all that he deposed to was the presence of arsenick in the remainder of the dough in the dish the dumplings had been made m. What experiments did he use to discover that there was poison in the dumplings? Was any of the remaining dumpling and a half given to a cat or dog, or other animal ? Were the contents discharged from the stomachs of any of the family given to an animal, examined or analized ? THERE IS NOT THE LEAST EVIDENCE, THROUGHOUT THE WHOLE TRIAL,
THAT ARSENICK, OR ANY OTHER POISON, WAS IN THE DUMPLINGS! In vain is such proof looked for from the first to the last witness--the medical man.” P. 46.
Thus then because it is proved that there was arsenic in the scrapings of the dough, which was a remaining part of the dumplings, there could be none in the dumplings themselves : especially when Mr. R. Turner who eat of the dumplings alone, was attacked by all the vomiting and pain which is the constant - and infallible effect of arsenic taken into the stomach.
It cannot be supposed that the opinion of any sober mind should be warped by such a farrago of abstirdity; but it is astonishing with how much avidity it is received by those with whom quibbling works conviction, and assertion is received as proof. Not one tittle of the evidence, under which E. Fenning was pronounced guilty, is invalidated in the present publication. Whe- · ther it is in the power of arsenic to make knives black and dumplings heavy, is immaterial; there are other proofs of its existence, which are incontrovertible. Whether the coals were delivered on the day of the poisoning, is also inmaterial, particularly as the time of delivery is not stated : we confess that we believe, with Mrs. Turner and her maid, that they were not delivered on that day; the coal meter's ticket proves little, the evidence of the actual delivery is wanted to establish the fact; which, even if it had been established, would have had no weight against the body of the remaining evidence.
The reports respecting her former attempts to poison a family in which she had previously lived, are with a sufficient degree of probability, shewn to be unfounded; but with all the activity displayed in raking even the kennel for evidence in her favour, nothing is brought forward to contradict the well-authenticated fact of her having borne the character of a dissolute, lying, and immoral woman. Her whole behaviour in prison, even according to the garbled and dressed out representation in the pamphlet before us, convinces us still more powerfully of her guilt. There was none of the meekness and resignation of suffering innocence, but much more of the audacity of determined guilt. It is to be ever remembered, that she refused, from her sentence even to her dying moments, to confess any of those sins of which she had been notoriously guilty; it is not very extraordinary therefore, that she should have refused to confess the crime for which she was to be executed.
The case of E. Fenning was tried by an able and impartial jury, and defended by one of the ablest advocates in the Old Bailey practice, Mr. Alley, who, like the counsellor recommended by the Keeper in Amelia, " has been often known to succeed against positive evidence.” From the few questions which that gentleman put in cross-examination, it is clear that
he was thoroughly instructed in the bearings of the case; and if he did not put more, it was because he knew that the answers would be such as irrecoverably to ruin the cause of his client, Nor-was it the ordeal of the Old Bailey alone which condemned her, her case underwent the solemn consideration of the great lawofficers of the realm, the Secretary of State, and of the Regent himself. Every circumstance of extenuation was patiently weighed, every point of her subsequent defence was cautiously examined, and the result was that her guilt was the more appa: rent, and the justice of her sentence more firmly established.
One of the leading features of this publication is an attempt to degrade the character of that worthy and upright law officer, who, with so much honour to himself, and advantage to his country, fills the high and laborious station of Recorder in the City of London. Allowed by the general voice of his profession to be one of the best criminal judges who ever sat upon the bench, he adds to the experience of now a long life, a certain practical acuteness of understanding, which no roguery can evade nor quibbling confound. There is no man who can more keenly discem, or more readily explain the bearings of innocence and guilt, and the determination which his just conceptions have formed; there is no man who i will more undauntedly main, tain. As long as unsullied integrity, experienced acuteness, and unaffected humanity shall be considered as the leading ornaments in the character of a criminal judge, so long shall Sir John Sylvester maintain his rank in the confidence of the English nation.
Of the guilt of this infatuated woman we never cherished the slightest doubt, or if we had the pamphlet before us would have removed our hesitation. The crime for which she suffered, was one of a most horrible nature ; but less by one degree alone is the crime of those, who knowing her guilty, for purposes best known to themselves, would conspire to throw a veil of suspicion over her sentence, and by thus shaking the confidence and defeating the end of public justice, would encourage a repetition of the crime.
ART. V. Memoirs of the War of the French in Spain, &c.&c.
(Concluded from p. 486.) WHILE this was the real state of things abroad, very different accounts were circulated in France and England. In France it was not difficult for some time to persuade the people that the conquest and submission of Spain must be the speedy result of the sieges of Zaragoza and Gerona, and Hostalrich, and Astorga, and Ciudad Rodrigo. The English army, or the
hermoso exercito, as it was during the first part of the campaign rather deridingly called by the Spaniards, was always represented as being driven to the coast, and on the point of setting sail for England. At Paris, peculiar pains were employed to convince the French that the war was not as inglorious an unjust : the flags taken from the raw recruits and volunteers at Espinosa, Burgos, Tudela, and Somosierra, and those which had been betrayed by Morla at Madrid, were presented to the legislative body as so many indisputable evidences of triumph, while Spain itself still required, by the confession of the Minister of Finance, 350,000 men to support the poor puppet placed upon its throne. The French army had not yet been at Moscow; it was not yet known that a country might be unconquered, whilst not only its king, but its capital, was in the hands of the enemy: and when the thundering proclamations and bulletins of Napoleon, dated from Madrid, announced his triumphs to the whole of Europe, no one could doubt of the reality of his successes, and the probability of the immediate submission of such of the provinces as still resisted. No one could doubt, except those who were actually on the spot, and knew the whole situation of affairs. “ Nous conservions," says M. Rocca,
au milieu des chants de victoire dont nos bulletins retentissoient, un sentiment confus d'incertitude sur les avantages mêmes que nous venions de remporter,--on auroit dit que nous avions vaincus sur des volcans.” No one could doubt it, except those who knew that Napoleon, encamped on the heights of Chamartin, made no public entry into Madrid, as he had done into other capitals, making some frivolous excuse about the etiquette due to his brother Joseph, whom he affected to consider as a foreign sovereign : etiquette has never been a bar to the plans of Bonaparte, whenever policy presented no more invincible obstacle. The fact was, as was well known, that the regiments quartered in Madrid were kept with their horses constantly saddled, and the men ready to mount at a moment's warning, as if it had been an advanced post in sight of the enemy: the first aide-de-camp, who was sent to summon the town, narrowly escaped being torn to pieces; and during the time that the capitulation was signing, and when all the important posts were in the hands of the French, fifty thousand armed inhabitants were running up and down the streets, demanding leaders and orders, and exclaiming against the treason which betrayed them. After all hopes were over, eleven hundred determined men renained concealed in the town, in order to raise the inhabitants, and put an end to every Frenchman at the first favourable opportunity. These were more cogent reasons than any which etiquette could prescribe, for the continuance of the head quarters at Chamartin, when the Retiro was in sight, and, accord
ing to the bulletins, in their power. Tlie war, from the very nature of it, shortly became unpopular in the army: the soldier is cheered rather than discouraged by open engagements which present a decided result, but his spirit is not proof against that covert warfare and eternal harassing which couverts every peasant into an enemy, every house into a castle, which must be blockaded and stormed in form, every wood and every mountain iuto a field of battle, so much the more dangerous, as the nature of the ground prevented the extent of the danger itself from being seen.
Unseen the foes that give the wound,
The dying ask revenge in vain. Entire squadrons were thus annihilated in a single night, and the fate of the prisoners was no less certain : seven hundred were drowned at once in the Minho, by order of Don Pedro de Barrios, governor of Galicia, and such as were taken in smaller bodies, were hanged without mercy. Before these violent measures had excited a spirit of reprisal, the French soldiers had been in the habit of conniving, through commiseration, at the escape of such of the peasants as fell into their hands.
• Des prisonniers espagnols disoient dans leur langue, en soupirant profondément, et en montrant dans le lointain un village à un grenadier chargé de les garder et de les conduire, -Senor Soldadlo, Seigneur Soldat, là est notre village; là sont nos femmes et nos enfans; faut-il que nous passions si près d'eux sans jamais les revoir ? faut-il que nous allions dans cette terre lointaine de France ? Le grenadier leur répondoit, en affectant de prendre un ton rude,--Si vous cherchez à vous échapper je vous tue, c'est ma consigne ; mais tout ce qui se passe derrière moi, je ne le vois pas.-11 se portoit de quelques pat en avant, alors les prisonniers gagnoient les champs, et rejoignoient bientôt leurs armées. Nous fümes dans la suite forcés de faire escorter les prisonniers par des soldats de la division allemande, leur caractère national et une discipline plus exacte les rendoient vigilants et inflexibles." P, 148.
We have already had occasion to mention the discontent of the generals, which naturally. spread the contagion of dispiritedness through their divisions, till at last officers and men were equally tired of a contest, in which the rewards of success were so disproportionate to the danger of defeat. They declared, openly, that it was worse than La Vendèe itself, and that to live at peace, not a Spaniard must have been left alive. Junot wrote, in answer to a pressing demand of assistance, “ I cannot be of any great service at present: the Spanish troops under viy command, require to be guarded, instead of contributing to my strength.” The ferocious Ney, as he is well denominated in