HC Deb 27 March 1863 vol 170 cc101-2
MR. BLAKE

said, he would beg to ask the Secretary of State for the Home Department, Whether, in the case of the convict Burton, now under sentence of death at Maidstone Gaol for the murder of a child at Chatham Lines, an application was not made at the trial for the examination of the prisoner by Dr. Forbes Winslow, or some other physician of experience in insanity, and refused by the Judge; and whether, taking into consideration the fact then stated of Burton's mother being confined in a Lunatic Asylum, and his brother not being of sound mind, it is his intention to order such an examination to be now made? He was informed that the prisoner's counsel applied to the Judge to order that the evidence of eminent medical men should be procured to show whether, when the prisoner committed the act, he was labouring under insanity or not. Mr. Justice Wight man, however, elated that be had no funds at his disposal for such a purpose. The execution of the convict would, under usual circumstances, take place within a very short time, and his object in putting the Question was to induce the right hon. Gentleman to satisfy himself, either by adopting the course asked for at the trial or otherwise, whether this unfortunate man was insane or not.

SIR GEORGE GREY

said, he was not aware that any application had been made to the Judge of the nature described by the hon. Member. The defence of the prisoner was his alleged insanity. A great deal of evidence was adduced on both sides on the subject, and the Judge laid down the law in accordance with the highest legal authorities, The jury, after full and patient consideration, were of opinion that the prisoner was morally responsible for his actions, and therefore that he was not insane. In answer to the second Question he had to state, that no facts had been laid before him which would justify him in ordering such an examination as that referred to.

Motion agreed to,

Supply considered in Committee.

House resumed,

Committee report Progress; to sit again on Monday 13th April.