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
The Attorney-General argued very earnestly against this startling
objection, denying that it had any validity--asserting that the statute
had been substantially complied with; and that the objection, if valid,
had been waived; and that it was made too late--viz., not till after
the prisoner had pleaded to the indictment, and the jury been charged
with the prisoner. The Attorney-General's astute argument, however,
was interrupted by the Lord Chief-Justice, stating that the court had
a sufficient degree of doubt on the point to reserve it for further
consideration by the judges at Westminster, should it become necessary:
for, if their objection were valid, it affected every one of the
fourteen prisoners awaiting their trial! Then came another desperate
attempt of Sir Frederick Pollock, to secure his client the benefit of
_an acquittal_, in the event of the judges ultimately deciding that
the objection ought to have been decided in the prisoner's favour at
the trial. This, however, the Attorney-General again strongly opposed;
and the court cautiously ruled, that, in the event contemplated, the
prisoner would be entitled then to the same benefit to which he would
have been entitled at the trial--without saying what that would have
been. The witness thus provisionally objected to was then admitted; but
only to be, at first, sworn on the _voir dire_, on which a lengthened
examination and some argument ensued--each of the judges delivering
judgment on the excessively refined and astute objection to the manner
in which the witness's place of abode had been described in the
list--which was such as that it was just imaginable, and nothing more,
that an inquirer might have been misled! The objection was overruled in
the case of the first witness; but on the ensuing two witnesses--and
most important witnesses--being called, a similar objection was
taken, but too successfully, and their evidence, consequently,
altogether excluded!--excluded solely on account of the anxious
"_over_-particularity" of the Crown! Nor were these the only witnesses
whose testimony was, on such grounds, rendered unavailable to the Crown.
Public-domain text, read in full here on John Shaqi.
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