A full and authentic report of the trial of Jonathan Martin at the Castle of York, on Tuesday, March 31, 1829, for setting fire to York Minister; with an account of the life of the lunatic. The destruction of the choir of York Cathedral, on the second of February, 1829; the flight and apprehension of the incendiary; his examination and commitment to York city gaol; the proceedings at public meetings held at York, in consequence of the fire; embellished with a striking likeness of Martin and a ground plan of the minister.

Date:
1829
Catalogue details

Licence: Public Domain Mark

Credit: A full and authentic report of the trial of Jonathan Martin at the Castle of York, on Tuesday, March 31, 1829, for setting fire to York Minister; with an account of the life of the lunatic. The destruction of the choir of York Cathedral, on the second of February, 1829; the flight and apprehension of the incendiary; his examination and commitment to York city gaol; the proceedings at public meetings held at York, in consequence of the fire; embellished with a striking likeness of Martin and a ground plan of the minister. Source: Wellcome Collection.

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    after an inquisition, the prisoner had been found Insane. The offence \tas com- mitted on the 19th June, the commission was dated on the 17th; and it was found that the prisoner had been insane from the SOth of March. Mr. Justice Le Blanc observed, It was for the Jury to determine whether the prisoner, when he committed the offence with which he stood charged, was incapahle of distinguishing right from wrong, or under the influence of any illusion in respect of the prosecutor, which ren- dered his mind at the moment insensible of the nature of the act he was about to commit; since in that case he would not be legally responsible for his conduct. On the other hand, provided they should be of opinion that when he committed the of- fence he was capable of distinguishing right from wrong, and not under the influence of such an illusion as disabled him from discerning that he was doing a wrong act, he would be amenable to the justice of his country, and guilty in the eye of the law. The case of Bellingham was the last he should allude to. In order to sup- port a plea of insanity, it could be proved, beyond all doubt, that at the time the offence was committed, he thought murder was not a crime against the laws of God and nature ; but it was held, that, however indicative this might be of one species of insanity, so long as the prisoner was capable of distinguishing be- tween good and evil, he was answerable for his conduct. He had already al- luded to the case of Lord Ferrers, in the course of which it was observed by ' Mr. Yorke, afterwards Lord Chancellor, that M It is clear that idle and frantic humours, actions occasionally unaccountable and extraordinary, mere dejection of spirits, or even such insanity as will sustain a commission of lunacy, will not be sufficient to exempt a person from punishment, who has committed a criminal act. And it seems, that though if there be a total permanent want of reason, or if there be a total temporary want of it, when the offence was committed, the prisoner will be entided to an acquittal; yet, if there be a partial degree of reason, a competent use of it, sufficient to have restrained those passions which produced the crime, if there be thought and design, a faculty to dis- tinguish the nature of actions, to discern the difference between moral, good, and evil; then, upon the fact of the offence proved, the judgment of the law must take place. These are the authorities of the law, to which 1 propose to call your attention. I shall now state the circumstances of the case, and it will be for you to say, whether these circumstances, independent of other evidence, do not show thought, contrivance, and a capacity of distinguishing between good and evil.—[Mr. A. here entered into a history of the circumstances connected with the burning of the Minster, the flight of Martin, and his subsequent apprehension.] These, (continued Mr. A.), are the facts of the case. With respect to the state of mind the prisoner was in, at and about the time the offence was committed, he should proceed to state the evidence. There was no question the prisoner had been in a lunatic asylum twice—first near Bishop Auckland, upon a charge of making an attempt upon the life of the late Bishop of Durham, for which he was put into safe custody, where he remained several years. He made his escape, was retaken, and placed in another asylum. These circumstances, how- ever, occurred several years ago. In October last, he was married at Boston, and the persons who were present will be called before you. I shall also call before you, a person who, in November, gave him class tickets for the Metho- dist Society, and will tell you his state of mind. I shall also call witnesses who can speak to his state of mind in December, and on the Friday evening before the offence was committed. These will be the facts of the case I shall lay be- fore you. But there is another fact, which is most important to the prisoner, and which I should be the last to conceal, and the first to declare. It is a most remarkable circumstance. The prisoner came to York on the 26th December, and on the 271 h, upon one of the gates of the choir, a letter was found which I will read, and to which unfortunately no attention was paid. It is in the pri- soner's own hand-writing, as I shall prove. (Here the learned Counsel read the letter, for which see p. 12.) There were other papers to the same effect, and in the same hand-writing.