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dead； killed by a stab from a pitchfork known as belonging to the other；
and which that other had been carrying； the pitch…fork lying by the side of
the murdered manand yet its owner has been afterwards found not to
have been the author of the murder of which it had been the instrument；
the true murderer sitting on the jury that tried him。 There have been
cases in which an innkeeper has been charged by one of his servants with
the murder of a traveller； the servant deposing to having seen his master
on the stranger's bed； strangling him； and afterwards rifling his pockets
another servant deposing that she saw him come down at that time at a
very early hour in the morning； steal into the garden； take gold from his
pocket； and carefully wrapping it up bury it in a designated spoton the
search of which the ground is found loose and freshly dug； and a sum of
thirty pounds in gold found buried according to the descriptionthe master；
who confessed the burying of the money； with many evidences of guilt in
his hesitation and confusion； has been hung of course； and proved
innocent only too late。 There have been cases in which a traveller has
been robbed on the highway of twenty guineas； which he had taken the
precaution to markone 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 eveningthe servant is about the height of the robber； who had been
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cloaked and disguisedhis master deposes to his having been recently
unaccountably extravagant and flush of goldand 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…drunkhe 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 disputethe words 〃barbarity〃； 〃cruelly〃； and 〃death〃；
being heard frequently to proceed from the latterthe former goes out
locking the door behind himgroans 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 inflictedand 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 guilthe； too； is of course hungand 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； ofwaving 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
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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。
There is no better way of testing the effect of public executions on
those who do not actually behold them； but who read of them and know of
them； than by inquiring into their efficiency in preventing crime。 In this
respect they have always； and in all countries； failed。 According to all
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facts and figures； failed。 In Russia； in Spain； in France； in Italy； in
Belgium； in Sweden； in England； there has been one result。 In Bombay；
during the Recordership of Sir James Macintosh； there were fewer crimes
in seven years without one execution； than in the preceding seven years
with forty…seven executions； notwithstanding that in the seven years
without capital punishment； the population had greatly increased； and
there had been a large accession to the numbers of the ignorant and
licentious soldiery； with whom the more violent offences originated。
During the four wickedest years of the Bank of England （from 1814 to
1817； inclusive）； when the one…pound note capital prosecutions were most
numerous and shocking； the number of forged one…pound notes discovered
by the Bank steadily increased； from the gross amount in the first year of
10；342 pounds； to the gross amount in the last of 28；412 pounds。 But in
every branch of this part of the subjectthe inefficiency of capital
punishment to prevent crime； and its efficiency to produce itthe body of
evidence （if there were space to quote or analyse it here） is overpowering
and resistless。
I have purposely deferred until now any reference to one objection
which is urged against the abolition of capital punishment： I mean that
objection which claims to rest on Scriptural authority。
It was excellently well said by Lord