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
On the _eleventh_ day of December 1839, the Grand Jury returned a
true bill for high treason, against John Frost and thirteen of his
followers; and on the very next day--viz., Thursday the _twelfth_,
in order to oblige the prisoner, by giving him the longest possible
time for availing himself of the important information contained in
the _indictment_, and the _jury list_--copies of these instruments
were delivered to him by the Solicitor of the Treasury. On the
ensuing Tuesday, the 17th, he delivered to the prisoner a _list of
the witnesses_; and, the trial having been appointed to take place on
the 31st December, five days previously to the latter day--viz., on
the 26th December--Sir Frederick Pollock and Mr Kelly were assigned
to John Frost, as his counsel, on his application pursuant to the
statute to Mr Bellamy, the clerk of the Crown. It is here essential,
in order to appreciate the immense importance of the earliest moves
in this life-and-death game, to weigh every word in the following
brief enactment, under which the above documents were delivered to the
prisoner: the humane object of the legislature being to afford him
ample time to prepare his defence.--"When any person is indicted for
high treason, a list of the _witnesses_, and of the _jury_, mentioning
the names, profession, and place of abode of the said witnesses and
jurors, be also given at the same time that the copy of the indictment
is delivered to the party indicted--which copy of the indictment shall
be delivered ten days before the trial."[10] Thus it will be seen that
as the trial was to take place on Tuesday the 31st December, Mr Maule
might have delayed delivering these documents to the prisoner till
the 20th, and perhaps till the 21st December; but, solely to favour
the prisoner, he delivered two of them--viz., the indictment and jury
list--so early as the 12th, and the list of witnesses so early as the
17th December. Let us see, by and by, whether anything comes of this,
and of the lengthened study, by the prisoner's counsel, of these three
documents.
Public-domain text, read in full here on John Shaqi.
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