Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850 — John Shaqi
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
directed to do so by the clerk of the Crown. Under these circumstances,
the court decided that the Crown were in time with their challenge--and
the juryman was excluded. In this kind of out-skirmishing the whole of
the first day was consumed!--a full jury not having been sworn till the
evening, when they were "charged" with the prisoner and then dismissed
for the night--but with the unpleasant information from the court, that
they themselves were thenceforth prisoners (though with every kind of
proper indulgence) till the trial was over.
On the next morning, just as the Attorney-General was rising to state
the case of the Crown, he was interrupted by Sir Frederick Pollock,
and doubtless sufficiently astonished by what fell from him: "I feel
myself bound, at the earliest moment--and this is the first opportunity
that I have had,--to take an objection which must occur the moment
that the first witness is put into the box,--namely, that the prisoner
has never had a list of the witnesses, _pursuant to the statute_, and
that therefore _no witness can be called_!" What could be the meaning
of this? inquired the Attorney-General's companions among themselves,
with no little anxiety; but he himself somewhat sternly censured the
interruption, as premature, (as it certainly was,) and proceeded with
his address to the jury. He made a lucid and very temperate statement
of the case--drawing attention prominently to the necessity imposed on
him of proving that what had been done by Frost and his companions was
with a _general_, and not a particular object,--a _public_, and not
a private purpose. His proposed proof was crushing: but immediately
on the Solicitor-General's calling the name of the first witness,
Sir Frederick Pollock rose, and required him to prove the delivery of
a list of the witnesses, containing the particular one in question,
pursuant to the statute. The Attorney-General then called Mr Maule,
who proved having done what has already been explained: whereupon Sir
Frederick Pollock disclosed the exact objection, which he himself
had been the first to detect--that whereas the statute required all
these documents,--_i. e._, the indictment, the jury list, and witness
list--to be delivered "_at the same time_," in the present instance
that had not been done, the first two having been delivered on the
12th, and the list of witnesses on the 17th December! This was a very
formidable move on the part of the prisoner: who stood at the bar on
his deliverance--the jury being bound to convict or acquit according
to evidence, and none could be offered them! If that _were_ so, he
must of necessity be pronounced not guilty, and be for ever safe. The
objection was urged with extreme tenacity and ingenuity by both the
prisoner's counsel, who insisted on the statute of Anne receiving a
strict literal construction of the words "at the same time,"--admitting
the benevolent intentions by which Mr Maule had been actuated.
Public-domain text, read in full here on John Shaqi.
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