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
It is very difficult to say whether the change in the practice of our
courts, by which prisoners are allowed counsel for their defence, is a
real advantage to them or not. It is probable that in most cases the
right of reply conceded to the prosecution, and the loss of that
assistance which the judge formerly thought himself bound to afford
the accused person, more than balances the advantage of a practised
defender. Indeed the privilege of reply on the part of the public
prosecutor seems a rank injustice. He brings the charge with all his
materials prepared; he is bound to establish all the facts clearly,
and at once, so as to leave no reasonable doubt. The prisoner replies
by his counsel to an accusation made; and if that reply is
satisfactory to the jury, the trial should end there, with the
summing-up of the evidence, and the exposition of the law by the
judge. Can any equitable motive be shown for granting the accuser the
last word? I do not think it.
The impression made by the speech of the counsel for the defence on
the trial of Chandos Winslow was very great. It carried the jury
completely away with it; and one of them whispered to another, that he
did not think they need hear any more evidence. It seemed to him that
there was no case for the prosecution.
The bar, who regarded it critically, praised it amongst themselves
very much, and took especial notice of the manner in which, as one of
them expressed it, "Sir ---- got lightly over the soft ground." They
were not all sure of Chandos Winslow's innocence; and during the
greater part of the speech, they even doubted whether the learned
counsel would get a verdict, though they generally agreed he ought.
But at the end, when he so boldly declared that he could prove an
unexceptionable alibi, their opinions changed, for they knew he was
not a rash man, or one to risk the whole success of his case by a mode
of defence the slightest shade of suspicion attaching to which, would
strengthen every unfavourable impression regarding his client.
Public-domain text, read in full here on John Shaqi.
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