Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850Various
History
Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850
Various
England -- Periodicals; Scotland -- Periodicals
How was this towering array of facts to be encountered, with these
enlightened judges to conduct the inquiry, and guide the jury, and
very able and determined counsel to elicit and arrange the facts,
and enforce them on the jury--and _have the last word_ with the jury
in so doing? We may well imagine how anxious and disheartening were
the consultations of the prisoner's counsel before going into court.
Neither they, nor their attorneys, could disguise from themselves the
desperate nature of the case in which they were concerned. They would
probably determine to cross-examine the witnesses very cautiously
and rigorously, with a view to breaking down important links in the
case; and it is likely that their paramount object in conducting the
defence, would be to aim at supplying Frost with some other than _a
general object_--something else than establishing the Charter as the
law of the land. A hopeful prospect! But besides all this, it must
have been determined, of course, to throw no single chance away,
whereon--however, whenever it presented itself--to fight the fearful
case for the Crown inch by inch, and foot by foot--contesting every
technical point, with a view to detecting any possible slip in either
the preliminary or any other part of the proceedings of the experienced
and watchful Crown officers. Here, again, was a hopeful prospect! Their
proceedings had been doubtless advised beforehand by the Attorney and
Solicitor General, and conducted by Mr Maule, the Solicitor of the
Treasury, in person--himself a barrister, and consummately qualified
for his post. He was also a humane man, always anxious to discharge his
duties firmly, but at the same time to afford a prisoner every degree
of consideration and indulgence consistent with the public interest.
By this time the reader may be aware how very serious a thing is the
conduct, on the part of the Crown, of a prosecution of high treason,
in every one of its stages--in the slightest particulars--especially
where the great _facts_ of the case are so clear against the prisoner,
as to compel his advocate to watch and test every link in the chain
fixed around his client. Here, in fact, correlative duties are cast
on the opposing parties--to _take_ every possible objection; and to
be beforehand _prepared for_ every possible objection, by vigilant
exactitude in complying with every legal requisite.
Public-domain text, read in full here on John Shaqi.
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