Chapter Twelve

• Author: Richard D. Schneider
• Pages: 109-117

 

Cae Tlv

   by a grand jury when they are satised with

the truth of an accusation and nd sucient evidence to warrant a

criminal charge, is known as a “true bill.” If the grand jury is of the

view that the allegations of the Crown do not support the charge, their

response at the conclusion of the hearing would be “no bill” rather than

a true bill. At New Court on the morning of February st, a grand jury,

among other bills, returned a true bill against Daniel M’Naughten for

murder. is prompted his appearance the following day in the Cen-

tral Criminal Court; a solicitor named Clarkson had been instructed

by M’Naughten to bring an application to the court on his behalf.

At the sitting of the court, before Lord Abinger and Mr. Justice

Maule, the prisoner Daniel M’Naughten was placed at the bar, charged

with the willful murder of Mr. Edward Drummond. Upon his name

being called, M’Naughten immediately walked with a rm step to the

front of the dock. He appeared perfectly calm and collected; he looked

extremely well; and his general appearance was “very little altered from

what it was when under examination at Bow Street; but if anything, he

looked rather paler.”

e Attorney General Mr. Waddington appeared on behalf of

the Crown and Mr. Clarkson appeared for “the prisoner.” Before Mr.

Clarkson made application to their lordships as he had been instructed

by the prisoner to do, he wished to ascertain their lordships’ opinion

whether, before he did so, the prisoner ought to be called upon to plead

to the charge of murder against him.

Lord Abinger said that would entirely depend upon the nature of

the application. If it were with respect to the incapacity of the prisoner

to plead, in consequence of his state of mind, then the application must