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
"The Attorney-General, in his opening, seemed to anticipate
that we might deviate from the straight and honourable course
before us, in defending the prisoner, into something like an
attempt to induce you to depart from the strict letter of
the law. So far from this, it is in the law, in the strict
undeviating performance of the law, that I place my hope, my
only trust. It is my prayer, therefore, that you should follow
it; that you should be guided and governed by it; that you
should attend and adhere to the law, and to the law alone;
because I feel that, by that law, I shall prove to you, clearly
and satisfactorily, that the prisoner, whatever may have been
his misconduct in other respects, however high the crimes and
misdemeanours for which in another form he might have been
indicted or punished--I feel that, by the law of high treason,
he is as guiltless as any one of you, whose duty, I hope, it
will soon be so to pronounce him. Gentlemen, if the prisoner
at the bar be at this moment in any jeopardy or danger, it is
from the law not prevailing, or not being clearly and perfectly
understood. It is because the facts, which are in evidence
before you, undoubtedly disclose a case of guilt against
him; because they do prove that he has committed a great and
serious violation of the law; because he has subjected himself
to indictment and to punishment, that the danger exists--a
danger from which it is for me, by all the humble efforts I
can command, to protect him--that you, finding that he has
offended against the justice of the country, should condemn
him, not for the misdemeanour which he has really committed,
but for the great and deadly crime with which he is charged by
this indictment. I therefore, Gentlemen, beseech your calm and
patient attention, while I endeavour as shortly, as concisely,
and, I will venture to add, as fairly and candidly as I can, to
lay before you, subject to the correction of their Lordships,
the law, as it affects this high and serious charge. And if
I should be fortunate enough to do so, I undertake then to
satisfy you--to convince the most doubting among you, if there
be any more doubting than the rest, when I shall refer you to
the testimony of the witnesses,--that this charge is not only
not proved, but that it is absolutely and totally disproved,
even by the evidence for the prosecution. The question here
is,--not whether a great and alarming riot has been committed;
the question is, not whether blood has been shed, whether
crimes, which are, as they ought to be, punishable by law,
have been perpetrated by many who may be the subjects of this
indictment; but the question is, whether the prisoner at the
bar has, by competent legal proof, been proved, beyond all
reasonable doubt in the mind of any one of you, to have levied
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