The next day a civil court was held, presided over by Judge Gaudion, to
inquire into this affair of the death of the bullock. Captain Douglas
was summoned to attend. A number of witnesses were examined, whose
testimony it is not necessary for our purpose to enter into. Mr Bisset,
the owner of the animal, who had connected its death with the firing
heard upon the ramparts, produced a number of flattened bullets, broken
percussion caps, and pieces of a newspaper addressed to Captain Douglas,
which had been found upon the battery. After the judge had asked Captain
Douglas whether he had any knowledge who had shot the bullock, and had
received the decisive and truthful answer, that “he had not,” he
proceeded—pointing to some pieces of newspaper lying on the table—to put
the following question: “Can you account for the _Times_ newspaper to
your address having been found in the battery, perforated evidently by
ball practice?” To which Captain Douglas answered, “I am not accountable
for my papers, as they travel through the barracks and into the town.”
This absurd policy (for so we should characterise it) of concealment is
adhered to, and with these unfortunate pieces of the _Times_ newspaper
lying before him! His answer is understood as a denial of having been
practising with his pistol on the battery, and there are those tell-tale
fragments “evidently perforated with ball.” It is inconceivably absurd.
He is getting into a scrape, and raising a scandal in the little island
of Alderney, for no intelligible motive whatever.
Mr Warren here defends the conduct of his late client on the legal
principle or maxim, that no man is bound to criminate himself. He stood
there in a court of justice “virtually as an accused party;” the court
throws its shield over persons in such a position, cautions them, and
would protect them even against their own indiscretion. Captain Douglas
was fully justified in availing himself of this well-known privilege—in
evading and warding off a question which he could not answer without
supplying evidence against himself.
Mr Warren will forgive us if we smiled, for a moment, at this instance
of the inveterate habits of the lawyer, overpowering the natural
shrewdness and sagacity of the man. This legal argument is manifestly
inapplicable, and for this simple reason: in the circumstances of the
case, there is nothing sufficiently grave—no impending charge of
sufficient magnitude—to induce or warrant, in any reasonable man, a
departure from, or a concealment of the truth, or any tampering with his
honour. _If_ the evasive statement of Captain Douglas be considered as
tantamount to a denial, and _if_ that virtual denial be considered as in
some degree dishonourable, there can be no shelter for him in this maxim
of law, because the fear of a false accusation of having accidentally
shot a bullock, would not be accepted, by men of honour, as an excuse or
justification.
Public-domain text, read in full here on John Shaqi.
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