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
e._
they did this "the very moment there was any prospect of what they
were doing being construed into treason." That Frost could not have
contemplated treason, and throwing the whole country into confusion,
would be evidenced by proof, and his having made provision for the
payment of a bill of exchange, and actually paying it on the very
Monday on which the outbreak occurred. Sir Frederick Pollock properly
insisted on the burthen of proving treason lying on the Crown, and not
of disproof on the prisoner. Then were called one or two witnesses,
with a view to showing expressions of the crowd that they had come to
Newport in quest of their prisoners who were there; but the evidence
proved ridiculously insufficient and contradictory. Then was read, with
the Attorney-General's consent, a letter of Frost's in the previous
September, to one of the visiting magistrates of the gaol of Monmouth,
requesting some relaxation of the prison discipline to which Vincent
and other prisoners were subject; and it appeared, also, that a similar
application had been made to the Lord-Lieutenant of the county. Then
was proved Frost's having taken up his acceptance on the 4th November;
and his character for humanity as specially instanced in his having
protected Lord Granville Somerset from personal violence, during the
Reform riots of 1832. Finally was called a witness, with the view of
negativing the design imputed to Frost of preventing the Welsh mail
from going to Birmingham, by showing the absurdity of that course,
since a new and different mail started from Bristol to Birmingham,
and not the same coach which had come from Newport. But to this
witness were put the following significant, and probably unsuspected,
questions:--
"_Attorney-General._--You took an interest, I suppose, in
Vincent?--_A._ I did so.
"_Attorney-General._--You had not been told that there was
to be any meeting for Vincent on the 4th of November, had
you?--_A._ No.
"_Attorney-General._--You, living at Newport, can tell us that
there was no notice by placard, or in any other way, of a
meeting to be held on the 4th November?--_A._ _I never saw any._
"_Attorney-General._--_Nor heard of any?_--_A._ _No._"
Such was the meagre case in behalf of the prisoner in point of
evidence. And at its close, his second counsel, Mr Kelly, rose to
address the jury on his behalf--a privilege accorded to no prisoner,
except one tried on a charge of high treason. We shall present the
reader with an extract from the opening passage in Mr Kelly's address,
inasmuch as it is highly characteristic of that eminent counsellor's
style of advocacy--of his imposing display of fervent confidence in his
case--his terse and nervous expression, and the clearness and precision
of his reasoning. We have some ground for believing that the following
is exactly what fell from his lips:--
Public-domain text, read in full here on John Shaqi.
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