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Updated: April 30, 2025
I was instructed to defend a man at Hertford Sessions for stealing a wheelbarrow, and unfortunately the wheelbarrow was found on him; more unfortunate still for I might have made a good speech on the subject of the animus furandi the man not only told the policeman he stole it, but pleaded "Guilty" before the magistrates.
Shannon, gave us an irresistible reproduction of a charge delivered by an Irish judge famous for shooting over the heads of juries, who sent twelve worthy citizens of Galway out of their minds by bidding them remember, in a case of larceny, that they could not find the prisoner guilty unless they were quite sure "as to the animus furandi and the asportavit." Saturday, Feb. 25.
It was a long time before I could disassociate, in my mind, the two ideas of act and intent. My studies had long ago made me perfectly familiar with the doctrine of the civil law, that in order to constitute guilt, there must be a union of action and intention. Taking the property of another is not theft, unless, as the lawyers term it, there is the animus furandi.
Your present conduct shows the animo furandi to have been equally clear." By the time I had finished this exordium, Melons had disappeared, as I fully expected. He never reappeared. The remorse that I have experienced for the part I had taken in what I fear may have resulted in his utter and complete extermination, alas, he may not know, except through these pages. For I have never seen him since.
These should subject the party to marks of contrition; viz. the killing of a man in defence of property; so also in defence of one's person, which is a species of excusable homicide; because, although cases may happen where these also are commendable, yet most frequently they are done on too slight appearance of danger; as in return for a blow, kick, fillip, &c; or on a person's getting into a house, not anirno furandi, but perhaps veneris causa, &c.
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