LAW OF FELO DE SE.
TO THE EDITOR OF THE SPECTATOR.
Upper Hyde Park Street, 11111 January 1847. Sin—Notwithstanding the higti opinion I entertain in common with most of your readers of the judgment and ability with which your paper is conducted, I must express my regret at the erroneous view you appear to have taken of Mr. Payne the City Coroner's statement of what is the law in respect to self-murder, where the sanity or insanity of the deceased at the time of death cannot be ascer- tained. From my recollection of Mr. Payne's letter, it was to the effect that the Reverend Mr. King was probably justified in his refusal to bury the body in ques- tion; but not a word was said as to his (Mr. Payne's) opinion of the propriety of such a state of the law.
Permit me to say, it seems to be still further a departure from your usual good judgment to set up the opinion of Mr. Wakley (a medical man) upon a legal point against that of a gentleman who in addition to long experience as a Coroner, has had considerable practice in the profession of the law. Your remark must have been written in total ignorance of Mr.Payne's character; as all who know him would deem it far more likely that he would render his valuable aid to amend any harsh law than assist in enforcing it with rigour. The mode in which he administers the office of Coroner proves the assertion: it is well known to be his practice to save the feelings of relatives as much as possible under the distressing circumstances in which Coroners are so frequently called upon to act.
If you think fit, in the exercise of that candour for which you are famed, ,to insert this in your next paper, or a few words to-remove the impression, it will be no more than justice to a gentleman who desires to stand well with the public.
[We mast observe that we do not set up the opinion of Mr. Wakley ageingt that of Mr. Payne on a legal point, but on a point rather of common sense. 'Mr. Wakley told Juries, that it is silly, because they may have no evidence proving 'sanity, to assume inqinity, and vice versa; and he advised them to let their ver- dicts reflect the actual result of the evidence in doubtful cases,—that is, to express their ignorance. According to Mr. Payne, however, the existing law is such, that it is necessary in doubtful cases to assume a certainty one way or other, and po- sitively assert the sanity or insanity. We presumed at once that Mr. Payne's opinion, as a lawyer, must override that of Mr. Wakley: but that does not pre- vent us from retaining the opinion that Mr. Wakley's rule was common sense— the rule of law, as now interpreted, foolishness; and we wish to see an appeal either to still higher legal authority, or to the body of lawmakers among whom Mr. Wakley is one. If any censure appeared to glance beyond the subject to 'Mr. Payne,—which was what we did not intend,—he drew it on himself by appearing extrajudicially as a party in a newspaper controversy, and as defender of the per- son who put the harsher construction in force. We are glad to hear that Mr. Payne is likely to be useful in promoting reform on the point.]
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