Repeated Protests of Lord Russell
The following extracts are taken from the “Life of Lord Russell of Killowen” by R. Barry O’Brien.
“In November, 1895, he [Lord Russell] wrote to Sir Matthew White-Ridley (page 260), conveying his strong and emphatic opinion that Florence Maybrick ought never to have been convicted; that her continued imprisonment is an injustice which ought promptly to be ended, and added: ‘I have never wavered in this opinion. After her conviction I wrote and had printed a memorandum, which I presume is preserved at the Home Office. Lest it should not be, I herewith transmit a copy.’
“As is known, what happened was that Mr. Matthews, after consultation with the present Lord Chancellor, Lord Salisbury, and Mr. Justice Stephen, and after seeing Dr. Stephenson, the principal Crown witness, and also the late Dr. Tidy, respited the capital sentence on the expressed ground that there was sufficient doubt whether death had been caused by arsenical poisoning to justify the respite.
“It will be seen (1) that such a doubt existed as to the commission of the offense for which Florence Maybrick was tried as rendered it improper, in the opinion of the Home Secretary and his advisers, that the capital sentence should be carried out; and (2) that for more than six years Florence Maybrick has been suffering imprisonment on the assumption of Mr. Matthews that she committed an offense for which she was never tried by the constitutional authority and of which she has never been adjudged guilty.”
From page 261: “This is in itself a most serious state of things. It is manifestly unjust that Florence Maybrick should suffer for a crime in regard to which she has never been called upon to answer before any lawful tribunal.
“Is it not obvious that if the attempt to murder had been the offense for which she was arraigned, the course of the defense would have been different? I speak as her counsel of what I know. Read the report of the defense, and you will see that I devoted my whole strength to and massed the evidence upon the point that the prosecution had misconceived the facts, that the foundation on which the whole case rested was rotten, for that, in fact, there was no murder; that, on the contrary, the deceased had died from natural causes.
“It is true that incidental reference was made to certain alleged acts of Florence Maybrick, but the references were incidental only; the stress of my argument being, in fact, that no murder had been committed, because the evidence did not warrant the conclusion that the deceased had died from arsenical poisoning. On the other hand, had the Crown counsel suggested the case of attempt to murder by poison, it would have been the duty of counsel to address himself directly and mainly to the alleged circumstances which, it was argued, pointed to guilty intent. That these alleged circumstances were capable in part of being explained, in part of being minimized, and in part of being attacked as unreliably vouched, can not, I think, be doubted by any one who has with a critical eye scanned the evidence. I do not deny that my feelings are engaged in this case. It is impossible that they should not be, but I have honestly tried to judge the case, and I now say that if I was called upon to advise in my character of head of the Criminal Judicature of this country, I should advise you that Florence Maybrick ought to be allowed to go free.”
From page 262: “I think it my duty to renew my protest against the continued imprisonment of Florence Maybrick. I consider the history of the case reflects discredit on the administration of the criminal law. I think my protest ought to be attended to at last. The prisoner has already undergone punishment for a period four times as long, or more, as the minimum punishment fixed by law for the commission of the crime, of which she has never been convicted or for which she has never been tried, but for which she has been adjudged guilty by your predecessor in the office of Home Secretary.”