INFANT CRIMINALS. The recent ghastly tragedy-the alleged murder of an infant by a girl of thirteen years-has given the City of Toronto an unenviable notoriety. The peculiar circumstances of the case and the tender age of the self-confessed offender lends it an interest from a legal point of view. It will not, therefore, be inappropriate to refer to the law affecting the punishment of juvenile criminals. no per Section 9 of the Criminal Code 1892 provides that " son shall be convicted of an offence by reason of any act or omission of such person when under the age of seven years." Section 10 provides that "no person shall be convicted of an offence by reason of an act or omission of such person when of the age of seven, but under the age of fourteen years unless he was competent to know the nature and consequence of his conduct and to appreciate that it was wrong." The Code thus makes it clear that a child under the age of seven is to be deemed absolutely incapable of committing a crime and no evidence can rebut this presumption. The case is dif ferent as to a child between seven and fourteen, as while in such case there is a presumption that such child was doli incapax still this presumption may be rebutted, and for this purpose evidence may, it appeaas, be given of a mischievous discretion for capacity to commit crime which it is said by text writers" is not so much measured by years and days as by the strength of the delinquent's understanding and judgment." See Archbold's Criminal Pleading and Evidence, 22nd ed. p. 21; Roscoe's Criminal Evidence, 12th ed. p. 856. In Russell on Crimes, 6th ed. vol. 1, p. 115, it is said that "the evidence of malice, however, which is to supply age should be strong and clear beyond all doubt and contradiction; but if it appear to the Court and jury that the offender was doli capax and could discern between good and evil, he may be convicted and suffer death. Thus it is said that an infant of eight years old may be guilty of murder and shall be hanged for it, and where an infant between eight and nine years old was indicted and found guilty of burning two barns, and it appeared upon examination that he had malice, revenge, craft and cunning he had judgment to be hanged and was executed accordingly:" Dean's case, cited in 1 Hale 25 note (u). An infant of the age of nine years having killed an infant of the like age, confessed the felony and upon examination it was found that he hid the blood and the body. The judges hell that he ought to be hanged, but they respited the execution, however, that he might have a pardon 1 Hale 27. Another infant of the age of ten years who had killed his companion and had hid himself was, however, actually hanged, upon the ground that it appeared by his hiding that he could discern between good and evil, and malitia supplet etatem 1 Hale 26, and a girl of thirteen years of age was burnt for killing her mistress: Alice de Waldborough's case, 1 Hale 26. : v. Whenever a child between seven and fourteen is charged with committing a felony the proper course is to leave the case to the jury to say whether at the time of committing the offence, such child had guilty knowledge that he was doing wrong: R. Owen, 4 C. & P. 236, per Little lale, J.; R. v. Smith, 1 Cox 260, per Erle, J. See also the case of William York, a boy of ten years, who was convicted at Bury Summer Assizes, 1784, and received sentence of death. This case is given at length in Foster's Crown Law, p. 70. It is high time that some effort were male by those in authority to cope with the rapid increase of crime by children. The way that boys and girls are allowed to roam the streets of our cities, notably the City of Toronto, at all hours of the night, cannot but be productive of evil and an education in crime. If mayors and aldermen were to devote more time to such matters, and less to those which the founders of our municipal system never intended should come within its purview; and if School Boards and School Inspectors gave more attention to moral training and the true education of children, rather than to the cramming of them with a smattering of utterly useless knowledge it would be much better for the public welfare. (CANADA LAW JOURNAL). REVIEWS. The English and Indian Law of Torts.-By Ratanlal Ranchhodda, B.A., L.L.B., Vakil. High Court, and Dhirajlal Keshavlal Thakor, BA, of Lincoln's Inn. Published by The Bombay Law Reporter office, 117, Girgaon Back Road, Bombay. [Third Edition, 1905: 508+c pages :-Rs. 5.] We welcome with genuine pleasure the third edition of this scholarly work on the Law of Torts. The principles are clearly stated and thoroughly discussed The importance of the volume lies in the profuse citations from the Indian case-law. This feature alone is a sufficient index of its high worth and usefulness to the Indian student and practitioner. The general introduction presents at once a bird's-eye view of the ruling principles an important doctrines discussed at length in the body of the book. The aldition of 150 test questions at the end is apparently intended to make the examinee his own examiner. We feel no hesitation in saying that a work on Torts which has so many commendable features should be made a textbook. It is as good, if not better, as any other prescribed as text-book by the Law faculties of various Universities in India. Archbold's Pleading, Evidence and Practice in Criminal Cases-By William Feilden Craies, M.A. (oxon.) and Guy Stephenson, M.A. (Cantab). Published by Sweet and Maxwell, Limited; 3, Chancery Lane, London. The 22nd Ed., 1905. (1440+ cxxx pp., 35 s.). The first edition of this celebratel practical work on criminal law was publishel in 1822, and it has gone through twenty-three editions in eighty-three years. Many Many a book lives but an aphe meral life and d'es before its author. But a work which survives the author and by going through so many editions commemorates bis memory must have had sterling worth and substantial merits. All this and more can be justly said of this excellent work which has become a legal classic on the subjects it embraces. It is an authoritative and trustworthy treatise on the adjective criminal law of England and we have no doubt that it will serve as a faithful companion to the practising criminal lawyer in England, India, Canada and America. In the edition under review the citations and other changes in law have been brought down to date. All we need say about a book of almost universal fame is that it is invaluable to the profession. A Treatise on the System of Evidence in Trials at Common Law.-By John Henry Wigmore. Published by Canada Law Book Company, Toronto. Canadian Edition, 1905. In four royal octavo volumes, 4000 pp In Law Sheep, $26=5£.8s. 4d. Rs. 81.4. This is a monumental work on the Law of Evidence and is unquestionably the most exhaustive and comprehensive treatise that has been ever written on the subject. Professor Wigmore's long study, diligent research and thorough investigation of the principles and rules of evidence have enabled him to present to the legal world an original work of gigantic dimensions. His masterly mind has wielded the masterly pen in a masterly manner and the result is a masterly work. Every paragraph, nay every line, of the work displays originality, versatility and independence of thought. The arrangement is elaborate but natural. The analysis, development and treatment of the doctrines are most admirable. The whole work is divided into four Books as distinguished from volumes. The first book-the largest and most important-begins immediately after the Introductory Chapter and embraces (LXXXV Chapters, 2478 Articles or 3520 pages. The second, The second, third and fourth books cover only 108 pages, while the remaining pages of the fourth Vol. are devoted to the table of cases and index of topics. The first book contains a vivid and lucid disquisition of facts which may be presented as evidence. The following classification of the main topics discussed in the four books is well worth the perusal of the reader. BOOK 1. WHAT FACTS MAY BE PRESENTED AS EVIDECE (ADMISSIBILITY). – Part I.- Relevancy. Title I.-Circumstantial Evidence. Sub-Title 1.-Evidence to prove a human act. TopicII.-Concomitant Evidence (Opportunity, Alibi, etc). Topic III.-Retrospectant Evidence (Traces.-Material, Organic and Mental). Sub-Title II.-Evidence to prove a human quality or condition. Topic I.-Evidence to prove Character or Disposition. Topic II.-Evidence to prove Physical Capacity. Topic III.-Evidence to prove Mental Capacity. Topic IV.-Evidence to prove Design or Plan. Topic V.-Evidence to prove Intent. Topic VI.-Evidence to prove Knowledge, Belief or Con sciousness. Topic VII-Other offences or similar acts, as Evidence of knowledge, design, or intent. Topic VIII.-Evidence to prove Habit, Status, Course of Topic IX.-Evidence to prove Emotion (Motive, Feeling, Topic X.-Evidence to prove Identity. Sub-Title III.-Evidence to prove facts of external inanimate nature (Events, Conditions, Tendencies, Causes, Qualities, and Effects, of things and places. Title II.-Testimonial Evidence. Sub-Title I-Testimonial Qualifications, Topic I.-Organic Capacity (Mental Derangement, Mental immaturity, Moral Depravity). Topic I-Experiential Capacity. Topic III.-Emotional Capacity, Interest, Merital Relationship. |