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 Tuesday the 31st December 1839, all the fourteen prisoners were
arraigned on an indictment consisting of four counts: two for levying
war against her Majesty in her realm; a third for compassing to depose
the Queen from her royal throne; and the last, for compassing to
levy war against the Queen, with intent to compel her to change her
measures. To this indictment each of the fourteen prisoners pleaded
not guilty; and it is to be particularly observed that they all did so
without making any objection on any score. Thus was taken the first
move by the Crown counsel, who may possibly, for aught we can at
present see, have thereby gained some very great advantage. Let us now
conceive the solemnly-exciting scene of the court house at Monmonth, on
this memorable trial. Three judges sitting, in their imposing scarlet
and ermine vestments, calm and grave; a phalanx of counsel sitting
beneath them; the prisoners standing at the bar, on their deliverance,
silent as the grave, while the fate-fraught procedure of the court was
methodically going on; the spectators crowding every part of the court
that they could occupy, and all silent, nothing heard but official
voices; while without that court all was excitement--repressed,
however, by the stern presence of the civil and military power;
detachments of troops at that moment scouring the adjacent hills in
quest of malcontents, and preventing any fresh rising of the population.
The first step taken by the prisoner's counsel was to state that
they appeared for John Frost alone, and should challenge the jury
separately: on which all the other prisoners were removed from the bar,
John Frost remaining to take his trial alone. Then came the swearing of
the jury--the name of every one, with his calling in life, and place
of abiding, being known to the prisoner and his counsel, who objected
to the very first step taken by the clerk of the Crown. He had begun
to call over the names in their alphabetical order on the panel--the
usual course for a great series of years; but Sir Frederick Pollock
objected to his doing so, insisting on each juror's name being taken
from the ballot-box. The Lord Chief-Justice was about to have overruled
the objection; but the Attorney-General intimated that he consented
to the course proposed by the prisoner's counsel. Each witness was
sworn first on the _voir dire_, (_i. e._ _dicere verum_) as to his
qualification, before he was sworn to try. First came a juryman who was
challenged peremptorily on the part of the Crown; but the prisoner's
counsel, doubtless for very good reasons, wishing him to remain on the
jury, insisted, first, that the Crown had no such right--an objection
at once overruled; secondly, that the crown was too late, as the juror
had actually got the New Testament into his hand to be sworn to try
before the Crown challenged. But, on the court's inquiry, it turned
out that the witness had himself taken the book, without having been
Public-domain text, read in full here on John Shaqi.
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