Chapter Four

• Author: Richard D. Schneider
• Pages: 41-51

 

Cae Fr

   made his way to London to be with his

brother, the man being held for shooting him was making his rst ap-

pearance before the court. e Times reported that “[i]t having become

known that the person charged with attempting the life of Mr. Ed-

ward Drummond would be examined at Bow Street on Saturday mor-

ning, the court, as soon as the doors were thrown open, was densely

thronged by persons anxious to hear the proceedings.”

After disposing of other business before the court, a Magistrate

Hall, who was hearing the case, had Daniel M’Naughten brought in

and placed before the bar. “He was a young man,” according to e

Times (M’Naughten was then thirty), “rather above middle height,

having the appearances of a mechanic, and was respectably dressed

in a black coat and waistcoat and drab trousers. He was rather thin,

had good colour and his countenance betokened nothing ferocious or

determined.”

It is remarkable by today’s standards that M’Naughten was brought

before a court and arraigned (his case given a preliminary inquiry)

within two days of his alleged oence. Nowadays a preliminary in-

quiry, or a grand jury if such is the case (mainly in American juris-

dictions), upon hearing the evidence of the Crown, would conclude

that there was prima facie evidence to support the charge and then

issue a “true bill” (had the evidence not supported the charge, the jury

would have declared “no bill”). As well, a preliminary inquiry is usually

not held for a number of months after arrest, so that a determination

can be made as to whether or not there is enough evidence to put an

accused on trial. e defence is rst supplied with the Crown “dis-

closure,” which consists of a synopsis of allegations, statements of wit-

nesses, police notes, and any other evidence to be relied upon at trial.