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The wretched creature," he told his father, was "not out of his mind, but a thorough scamp." "I hope," he added, "his trial will be conducted with the greatest strictness." Apparently it was; at any rate, the jury shared the view of the Prince, the plea of insanity was, set aside, and Francis was found guilty of high treason and condemned to death; but, as there was no proof of an intent to kill or even to wound, this sentence, after a lengthened deliberation between the Home Secretary and the Judges, was commuted for one of transportation for life. As the law stood, these assaults, futile as they were, could only be treated as high treason; the discrepancy between the actual deed and the tremendous penalties involved was obviously grotesque; and it was, besides, clear that a jury, knowing that a verdict of guilty implied a sentence of death, would tend to the alternative course, and find the prisoner not guilty but insane—a conclusion which, on the face of it, would have appeared to be the more reasonable. In 1842, therefore, an Act was passed making any attempt to hurt the Queen a misdemeanor, punishable by transportation for seven years, or imprisonment, with or without hard labour, for a term not exceeding three years—the misdemeanant, at the discretion of the Court, "to