A Whim, and Its Consequences: Collection of British Authors Vol. CXIVJames, G. P. R. (George Payne Rainsford)
General
A Whim, and Its Consequences: Collection of British Authors Vol. CXIV
James, G. P. R. (George Payne Rainsford)
Fiction
Amongst the other bills found, was one against Chandos Winslow, Esq.,
for the wilful murder of John Roberts, attorney-al-law, &c. &c. &c.
But it was a late case on the roll, and a good deal of condemnation
was done before that came on. The first sharp appetite was taken off
from both judge and jury, and the solicitor congratulated himself and
his client on the hanging period of the assizes being on the decline.
It is strange and not pleasant to think of, on how many small
circumstances a man's life hangs in the most civilized countries of
Europe, especially in the most Christian. A famished juror or two will
turn the balance any day; and I fear me that hunger is not an appetite
which leans to mercy. The beginning of the assizes is always a bad
time to be tried. I would not advise my felonious friend to attempt it
if it can be put off. The jury then think themselves a many-headed
Aristides. Brutus was nothing to them, and Cato a mere babe. They
would condemn their own children to magnify the law. Then, again, the
end of the assizes is as bad; for both judge and jurymen have got
tired of the thing, and want to get home to their wives and families.
This can only be accomplished by despatching their men out of hand;
and haste is always cruel, rarely just.
The charge of the judge to the grand jury is a more important matter
than people generally imagine. It is treated as a matter of course: or
at best as an opportunity afforded once in so many months for a great
functionary to make a clever speech on a very favourable subject. But
it is much more than this. It frequently gives a tone to the whole
proceedings of the court. From the grand jury it is reflected upon the
petty jury, and affects them more than it does the former. If the
judge represents strongly the serious increase of crime upon the
calendar, and urges the necessity of vindicating the law and rigidly
administering justice, the Aristides' spirit I have talked of becomes
very rampant, and you are sure to hear, "Guilty, my lord," very
frequently repeated in the court. If, on the contrary, he
congratulates the county on the small amount of crime that has
occurred since last he was seated in that place, and declares that
there are but one or two serious cases for their consideration, the
worthy jurymen think, when there are so few, it may be just as well to
let the poor fellows get off, as it is cold work hanging without
company.
Public-domain text, read in full here on John Shaqi.
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