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‘ """The prisoner was then brought into the dock, and pit“!ed

Agree: emitteiice—Iiaiiiely, Mr. Guthrie and Mr. Bransby

: ,ect of discliarein

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. '5’)?” fiulutial metal”.

a: I. ‘ . CENTRAL CRIMINAL COURT.

Lennon, FRIDAY, Mason 3. _ TRIAL or DANIEL u‘NAnGn-raiv, FOR THE ASSASSINATION or Ml. nounmono. Friday having been fixed for the trial of Daniel M‘Naugh- < ten; the assassin ofthe late lamented Mr. Edward Drunitnond, the greatest hustle and excitement prevailed in the. newly of‘the Old Bailcv from an early bourin the morning. At _ nine o’clock the 'gutcs were opened, when a complete rush took place; and it was with the greatest difficulty that the r'polic'e could preserve order and keep the avenues clear for . quiet ingress to the court. . At» ten o’clock the judges entered the court, and took their hats on the bench. They were Chief Justice Tindal, Mr. “Justice Williams, and Mr. Justice Coleridge. At this time «Jewry seat was occupied, and the court presented a most ' tui'iviated appearance. ‘

.at the bar. He looked still in good health, and his cheeks .wore the lame florid appearance as before, although he nia- ~,tiif'eated_ considerable trepidation, and appeared yo breathe , very rapidly—his lip especially indicatingitlie painfully ox- cited state ofhis feelings. ' ’ Mr. Clarke, the clerk of'the arraigns, then proceeded'to read over the indictment, which charged the prisoner with i The wilfulmurdcr oer. Edward Drunimoud, by shooting Itim with a pistol and hall, by which he did mortally wound . and kill the said Mr. Edward Drummond. Ilavuig done so, , be asked the prisoner whether he pleaded “Guilty,” or “Not ’ guilty.” - r . . The prisoner, in a tolerany clear and firm tone of_' vaice, replied, “ Not guilty.” The jury having been sworn, -' The Solicitor General rose, amid profound silence, and, addressing the jury, told them that they Were this daycallel uppu to discharge a most painful and important duty. '1 hey ,iiw‘ould have to decide whether the prisoner ,at the bar was ..-i:uilty of'the awful crime of which he stood charged ; and .f the (the Solicitor General) felt that lieshould best discliayge - his ditty to the crown and to the public, on whose behalf he appeared, ifhc proceeded at once to state to‘theni and to thc court, as calmly and dispassionately as was in his power, all the feels aiid circumstances connected with this most melan- ' choly occurrence. Mr. Drummond, whose death it was their duty to inquire into tit-day, was, as they were, doubtless, , well aware, the private secretary of'the premier; he was ’on ,it'ei'ms ofintiinacy and friendship with that right lion. gen- . ‘tlenian, and by virtue ofhis ofiice be occupied apartments 1 zitr' the” prettiier’s house, in Downing-street, and that he was in the constant» habit of passing from those apartments to the , private residence ofSir-Robcrt Peel, in Whitehall-gardens; 'and it would be proved before them in evidence that the prisoner at the bar had, previously to this transaction, been i for many days seon loitering about the public offices, and _ passing by the office in Downing-street; that his conduct ‘i had excited the attention ofiiiany persons, and among them the attention of'severiil soldiers and policemen, who had {spoken to him; but, unfortunately, no steps were taken to remove him away, or prevent his continuing to remain there; ' and on Friday afternoon, the 20th January, at about three o'clock, Mr. Druuimoiid left his apartments in Downing- _§treet, and proceeded to the Treasury; from the 'l‘reasury he proceeded to the Admiralty, in company with Lord Had— :~dihgton. Lord Huddington he left at the Admiralty,and pro- . needed alone towards the bank of Messrs. Drunimond, .which, as they knew, was near Chafing-cross; and in re- turning towards his apartments. when he came near a coffee house, called the Snlopian Coffee-house, the prisoner at the ‘bar—for there was no doubt as to his identity—came hehiiid 'him, and discharged a pistol almost close to him. After he ‘ had discharged that o- wns seen to thrust his hand into his breast, and pull 0 ther pistol, which he was in the very n a policeiiinn ran across the road, Ind throwng his arms round his body prevented him from so doing. A violent struggle ensued, during which the se- ,-cond' pistol went off without doing any damage. He, was then secured, andtaken to the police station in Gardincr’s ,‘Ilno, where he was searched, and a 5!. bank note, a deposit '.“notn upon the Glasgow bank for 7001., ten copper percussmn— “caps, which fitted his pistols, and other articles, were found 'ti'po'n him. Mr. ‘Druuunond, after the pistol was fired, stag- .iger‘ed but did not fall, and walked, almost without assistance, lback to the bank, where the assistance ofa medical gen- tleman Was procured, and lie was removed to his own pri- vate residence. He was there attended by two surgeons of

WGooper—aud for some time hopes were entertained that the ?;wound was not mortal. Unhappily, however, these hopes were disappointed; he lingered in great pain u'ntil Wed- ‘ ‘nesdsy, the 25th ofJauuary, when he died. He was aware, ’fii‘om' antappl‘ieation which had been made to this court, that - itwas intended to rest the defence of the prisoner upon the plea that he was insane at the time of committng the act; and it would be their painful duty, and a most painful one itavu, to say whether the prisoner was or was not at the ’time in such a state of mind as not to be responsible or an- ~ower'able to the laws ofliis country. The learned gentleman then referred to several cases in which this plea had been urged, and concluded by saying that, if they thought he was not a responsible agent, they would acquit him; but, ifthey thought he was responsible, the result would be a different verdict, The learned Solicitor General then sat down amid a profound sensation.

Several witnesses \verc then examined, who proved the facts of'the case; and others who proved that they knew the prisoner, and did not consider him insane.

This closed the case for the prosecution.—[lt was now half- put four o’clock]

'Mr. Cockhurii then applied to have the case postponed until next day, “6n the ground that be (Mr. Cockburn) was suffering from indispoaition. '

. The judges entered into a short consultation, at the end of which they determined to adjourn the trial until nine o’clock next morning. ‘

I, 'I‘hejudges and all the parties concerned then left the court, and the prisoner was taken back to his cell.

"The prisoner appeared to be very faint during the greater

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part ofthe day, and was accommodated with a chair in the ock, very shortly after the commencement of tlie,trial.

-» In the course of the morning I]. R. [-1. Prince Albert on-

red the court incognito, and took his seat on the bench on -I be right hand of thejudges. He was not recognised by the ‘ uditory generally.

sA'ruitDAx.

The trial was resumed this morning. ‘The judgu entered the court precisely at nine, when the prisoneiiwos brought in and placed at the bar. v Mr. CoWfl’then rose to address thejury, which he said he did under the most painful feelings of anxiety. If the person who had fallen by the hand ofliis client had been a person in an obscure position in society, he should have no ‘ mxicty as to the result of this inquiry. But as it was, un- , 'inppily for the ends ofjusticc, the matter had been canvass- } :d and discussed from one end of the country to the other, ind there had grown up in the minds of men an insatiable lesiro for vengeance, and a merciless cry for the death of be culprit. He could not help thinking that this fact might ireverit the prisoner from having an impartial hearing. But to would not be borne down by such feelings, for he stood fore an impartial jury, and before a British court, where ustice set cnthroned. In the name of eternal justice, and the name of'the eternal God, whose principal attribute stioe Was, he called upon them to enter into this inquiry vifh minds divested of prejudice. His learned fi'ictid the elicitor General, in stating the case, had anticipated the de- nce which would be offered, and it formed no part of'his my to deny the main fact charged ; the defence would turn, ot on the question of the deed; but on the state of‘the pri~ ner’s mind when the deed was committed. With regard insanity, the law of'England went no further than the 'vv.’ ofauy other country, and no further than the laWs of 9d, ifit were not presumptuous to say so. The law could pt be otherwise than it was when the deprivation of reason left the human being no longer the master of his own i i , The evidence he should lay before him would be of descriptions; it would not be evidence of the naked and.

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inconclusive character which had been offered by I)“ learned fi'iend, but testimony ofa convuicing and concluuvn character; evidence which be trusted could not leave a doubt upon their minds. It would he the evnleuce ofthe authori- ties of his native place, to whom he had again and again ap- pealed for protection against the fancied plots against him, who would prove the painful doluswus under which he had laboured; and he should call before them medical men, who would show by their evidence that the. prisoner had been the victim ofungoverncd impulses, which had led him on to the conunisston oftbe dreadful crime which he had com- mitted. 'l‘iiat madness was a disease—a diseaseofthe body acting upon the cerebrpl organisation apd the mind—lie be- lieved was no longer questioned, and from thewcry nature of'the disease, separated those who were its victims from the fellowship of'the rest of mankind. Thus it was that he (the learned counsel) and they (the Jury) were seldom in the company of persons sufl'ering under such disease. The sub- ject of insanity .was a subject altogether of modern investi- gation. It was but as yesterday that the treatment of past time had been changed for that which was now practised. It was but as yesterday that darkness and solitude, and the iron chain, were the accompaniments of'insauity. Thank God, at last science and humanity, hand in hand, penetrated into those aboilcs of misery. Science in this, too, as in every other respect, was usually in advance of mankind. It was matter of science altogether. Those who had had oppor- tunities ofscicntifio observation would do well to appeal to it instead ofto the antiquated maxims ofthe days ofdark- iiess and ignorance. The learned counsel then referred to several authorities on the subject, and boncludcd by thank- ing the court and the jury for the attention they had given him.

The speech ofthe learned counsel lasted fotlr hours, all but ten minutes, and at its termination it was with difficulty that some of'the auditory could be prevented front breaking out into on expressmii of applause.

The first witness called for the defence was Daniel M‘Naughten, the Prisoner’s father. He stated-I "in by hu- siness a tumor, living: :itGorbals, near Glasgow; the prison- er at the bar is my natural son; he was apprenticed to_ me, and after the expiration of his time he served me as ajour- neymzin; he was.bctwcen twelve and thirteen wlieuap- prenticrd, and served four years and a half; lie was my journeyman two years ; at that time he went away, and then came backhiid sorvcd me three years more; he afterwards went into business for himself, and in about twelve months removed to Stockwell-street; he was at that time very in- dustrious, very steady, and generally attentive; he was very obedient to me afier be left me; I met him frequently, but was not so much in the habit of being with him; when he began for himself] thought he became more distant; I re- member meeting,' him at several places about two years ago; [understood that be lodged at Mrs. Pattcson’s, but never saw him there; I heard of his quitting business, and often met him; he did not recognise me, but passed by without speaking; I was not aware of'nny rcason for so doing; I remmnher'liis coming to my house fully two years ago ; be said he wished to speak to me by myself; he wished me to speak to home of the official gentlemen in the city of Glas- gow, to put a stop to the persecution raised against him; he mentioned the name of Sheriff Allison particularly; I asked him who the parties were who were persecuting him; he told me it was some gentlemen connected with the Con- servative party, and that Mr. Allison knew all about it; I saidI was very sorry to hear such statements—I was sure no such persecution existed in the kingdom; he shook his head, and said there certainly wasasystem of persecution existing against him; about a week or two after that he called again; he then asked me ifI had made any endeavours to stop the persecution against him; Isaidl certainly thought that in parting with him. the _last time he had baniulied tluitidea from his mind; he said he was followed constantly by spies night and day; I asked him what were these spies—could he point out to me who they were? He said it Wasuselcss for him to point them out—every time he turned round he saw them following him; I asked him what they did to him ——did they speak to him? he said no, they did not, but fre- quently laughed and shook their hands in his face when he turned round, and raised their arms and shook their fists; he mentioned one instance ofan individual having: had a few straws in his hand. and who, whenever he looked round; shook them at him ; Iasked him if he could point out the spies to me ; “ Oh, no,” said he, “if'they see you, they will

the purpose ol'feeding birds; be exhibited a particular fond-

cart to visit children; it we to see the children play that I accompanied him; he took me there to witness their inno- cence ; I last saw him in July last, on the Brmniclaw, on

he looked up and met my gaze, be dropped his eyes on the ground immediately; I noticed that be was not unconnect- ed iii his conversation as formerly; on a former occasion he complained ofa pain in the breast; I observedvhe laughed aloud Occasionally without any cause; I have lr-ttown him. to cry, but not loud; I have heard him moan, but haVo not seen him shed tears; he never, to my, knowledge, was in the habit of attending political meetings; 1 have never heard liim expressing any extravagant opinion; I recollect having a conversation with him in which the name of Sir Robert Peel was mentioned; it was about a month before I lost sight of him ; that was in my own ofiice; he told me be had been to the House of Commons; he said he heard Mr. O’Connell speak, and Sir Robert Peel, and Lord John Rus- sell; he said of Sir Robert Peel that he had arrived at that summit in the state which Byron said he would attain; he said he was a great orator; O’Connell, he said, Was a great declaimer, and Lord John Russell he thought inferior to cithcr; he did not say anything in the least degree disres- pectful ofSir Robert Peel. . Cross-examined by Mr. Adolphus—When he was talking he must have been awake, because he was walking; when he was laughing, he might have been laughing at some re- collection; Ihad heard him moan; lcould not tell whether it was some internal pain or not which made him moan. Mrs.Jane Drummoud Patteson was then called, and ex;- ainiiied by Mr. Bodkin—l live in Glasgow; I know the pri- soner, Daniel M'Naugliten; he lodged in my house; he came first about two years ago; I had known him long before that; after he had lodged with me for some time, lnoticeil something extraordinary about him; I first no- ticed about eighteen months ago a very strange appearance about his eyes; he looked very wildly with them—diffe- rently from what he use to do; he was very “disturbsouie” Ill his sleep; I slept in an adjoining room; there was only athiu partition betwixt us; he went away from time to time; some time had elapsed after I observed the change in him which I have mentioned before he left; his eyes then turned better, but got had again ; he got better and worse, with respect to these appearances, before he went away the first time; he used to murmur and groan in his sleep, and speak also; it was in the summer season when he first want

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return that he had been in London and France; he did not give me any account of where he had been, or why; he looked very peorly; he was thinner than he had been; I observed his eyes were not much better; I noticed the rest— lessness at night as before ; after staying four months he weutaway a second time; he came back and Stayed about three months and a half; he went away a third titttc, which was the last; on returnng a second time he told me he had been in France; he had been twice in France; when he was going, be said he was going to France to buy a corn- inission in the army; he did not tell me anything that hap- pened to him in France; [said he might as well have stay- ed altogether; he said he could not stop in London 0r France, as be was hunted by devils; I asked what sort of devilstliey Were? he said they were men from Glasgow; I recollect on one occasion finding some pistols in his room, and saying, “In the name of God, what are you going to do with those .7” he said, “ going to shoot birds.”

Cross-examined by the Solicitor-General—I observed something about his eyes almost ever since he came into the house; it was about eighteen months since he said he was hunted by devils. -

Mr. Alexander Johnson, M. P., examined by Mr. Clark- son—l have seen the prisoner twice before in Glasgow; it was about a year ago tliatl first saw him; his second inter- view was about eight days afterwards; he spoke of persecu- lion, and came for advice and assistance as to how he should get quit of'the persecution; he said he was persecuted by the emissaries of'a political party to whom he had given of- not follow me at all. It is only when I am alone that they I face by imgrf'ering in pomp.“ I,. said he was "tucked in follow me.” Iaskod him if he knew what the man meant [he newspappr; that he wasmnowed by persons hired; mm by "‘8 Straws-p “ Prolmhly.” Mid he, “ he mm"! by thefle he had no rest night nor day; that he had no peace straws tliatlwas to be reduced to a state of‘lieggnry.” Isaid, or mind, and did not know "hm to do; 1 told him if you renllyisnw a man with straws, probably that man was I um I believed he was mismkcn, but that if‘ h. was out of his mind ; he concluded that description by insisist- ; annoyed he ougm m complain to the captain of ins: on my calling upon Sheriff Bell, as he knew also about , the police, who would protect him; be said he thought lll" Persefmlmn; he M'le "‘16 if] knew Shel‘lfl' “all? I Said nothing would satisfy his persecutors but his life; I request- 1 knew him by seeing him, but had never spoken to him fled um} I” should go to the sheriff; l afterwards came to “,5 “lid, the" W‘” .V"" W“ "PO" Sllfl'ifl' “Olly Mid Slwak ‘0 ‘ London, and in afew weeks I received a letter from him, “3'” 9"“ deal” hl’" '0 Pl" 3 “OP t" it imll'e'llalel)’; 1 filde ‘ full of'the same sort of complaints as he had made to me him iftliey wrote any letters to him, or threatened him, or persriiiallv ;,tbe letter produced is the answer which [sent even dared to injure him in the least degree? he said no, '

. . ,liim; that letter was the result ofmy own conviction of what they had not; he had never received any letters to that cf- had passed between us and what he hail written ; I believed feet; he then asked me if] know Mr. Salmon, the Procnrator

_ . . ltbat be was labouring under a delusion of mind, and that Fiscal ofGlaBgnw; I Sllld I did; I saw llle K'l‘llemfln BVOI‘y there was no reason for his entertaining such fears. Spun-day; he Elm" Wild he WlSlled "18 ‘0 apply [0 him. lrll Cross-examined bv the Solicitor-General—l had no know- did not think proper to apply to the sheriff‘s, as he also know ledge ohms vmmp {mm mm] he called on me in Glasgow. about it; I, said if he could find out any one thing ofa tau- sir James 'Cflmphpn examined by Mr. Cockburn—l um gible nature, or point out any individual, I would call upon the Lm-d Provo" of‘ Glasgow, and was so in last Veer, 1842; “95" gmnlel'wnv 0" “"y 0"” 0i. them; he Sflid he ("WM "0111 remember in May last the prisoner’s calling on inc; it was point out any one; Iasked him to look round, and if he saw I In the morning berm-e 1 we": om; I was m breakfast, and “"Y EPIC“ ibllmVlnL’ him. ‘0 ‘lflscrllw Wm“ dress may had “nil went out and converscd with , him in the lobby; he stated I told him if'he could point out any one, I Would find out I that he wanted my influence to protect him froin the perse- means to prevent it; he said he could not ; he said he could : cution ofcet'tain persons who dogged and followed him ;he 3‘” "95‘ "'gl” 0" day, l" cmmeqllmwe "H’Bl": fOlIO‘VEd by , said he was that night in the fields, in the suburbs,in conse- tl'icse spies; -‘ when I come out in the morning,” he said, ‘ quence of their persecution, ‘and that he was afraid t0 {:0 “they mum" "‘6 lhe Who“: day. arid they {Oll‘m‘ "'8 l” the : homo; Itold hiiri Itliought he was labouring under some evening ;” I don’t recollect anything more at that time; he 1 hypochondriacnl affection, and asked him if he had ever been spoke to me .on other subjects as he had formerly; the fourth l {filmed as a person of unsound mind; he replied that be “an I saw lllm, )V8 “N” 0" the country 1'0"“; “’6 REM" had l never had; I advised him to consult his friends, and, above it long conversation; lie was still under the same persuasion .11”, to use a medical man; [sent for his father, but he did not that spies were following him; he was alone; he was al- coma,