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
war against Her Majesty, with the treasonable intent which is
stated in this indictment? The Crown must satisfy you that the
prisoner at the bar has levied war; that he has levied war
against Her Majesty--that is, that he has conducted these armed
multitudes, and committed, if he has committed, outrages with
them, and concerted with them, or engaged them, to commit them;
and not merely that he has done all these acts, but that he has
done them against the Queen, that he has levied war against the
Queen and her Government. And then, further, it must be proved
to you that that was done with the intent, with the design,
which is stated in this indictment."--(I. p. 52, 53.)
Mr Kelly's speech was long, elaborate, eloquent, and most
ingenious--adhering closely to the line of defence taken by Sir
Frederick Pollock--pressing on the jury in every possible way,
with many varied illustrations, the improbability of Frost having
contemplated the rebellious objects imputed to him, and the alleged
certainty that his only view had been--the rescue of Vincent. He
vehemently assailed the credibility of those witnesses who had given
the strongest evidence against Frost; and concluded with a most
impassioned appeal to the feelings of the jury. When he had concluded,
the Lord Chief-Justice accorded still another privilege to Frost--viz.,
that of himself then addressing the jury, after both his counsel
had done so; to which Frost prudently replied--"My Lord, I am so
well satisfied with what my counsel have said, that I decline saying
anything upon this occasion."[11]
The Solicitor-General then rose to reply on the part of the Crown;
and if any one inexperienced in forensic contests were incredulous as
to the potency of _the last word_ (from competent lips) in any case,
civil or criminal, let him read the outline of this reply, with the
copious specimens of it, given with much judgment by Mr Townsend.
It is true that Sir Thomas Wilde's case was in itself crushing, but
his dealing with it made that crushing character fearfully clear to
the plainest capacity. Its opening passages seem tinctured by some
sternness of allusion to the concluding topics of Mr Kelly's address;
but the remainder of the reply is characterised by mingled moderation
and power; by irresistible closeness and cogency of argument, and
by extraordinary skill in dealing with facts, in combining and
contrasting them, and pointing out a significancy lurking in them,
which the prisoner's counsel had possibly not chosen to see, or
skilfully striven to conceal. Our limits restrict us to one or two
samples of the present Lord Chancellor's mode of advocacy when at the
bar. After explaining that it was the real object contemplated by the
prisoner--viz., to raise, rebellion--with which the jury had to deal,
the Solicitor-General thus pithily disposed of all arguments which
had been drawn from the prisoner's want of power to do all that he
intended:--
Public-domain text, read in full here on John Shaqi.
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