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
Here was a question for the Executive to decide! A capital conviction
for high treason, with a decision of the majority of the Judges of the
land, that a statutory requisition as to the period for delivery of
a list of the witnesses had not been exactly complied with, but that
the prisoner did not make the objection till the time had gone by for
making it; and that, had he made it in time, the utmost effect would
have been to cause a postponement of the trial for a few days. The
prisoner's objection was avowedly _strictissimi juris_; and he did
not affect to show that he had suffered the slightest detriment from
the over-anxious kindness of the Crown solicitor. That, under these
circumstances, the lives of the three traitors were absolutely at the
mercy of the Ministry, is indisputable; and no one, we conceive, could
have censured them, if they had allowed the capital sentence to be
carried into effect. They inclined, however, to the merciful exercise
of their anxious discretion; and the capital sentence was remitted, on
the condition of the three prisoners being transported for the term of
their natural lives. They have now been ten years at the Antipodes; and
how many times, during that lengthened period of bitter, dishonoured
existence, they have cursed their own folly and crime, who can tell?
Have they ever appreciated the skill and vigilance with which they
were defended? It is true that this one chance objection--which it
is wonderful should have occurred to any one at all--was ultimately
pronounced, but only by a majority of the Judges after lengthened
debate, to have been taken too late; but if it had not occurred to
the vigilant advocate when it did--if no one had taken it at any
time--would not the three traitors have been executed? Unquestionably:
public justice, the public safety required it. Whether Sir Frederick
Pollock purposely delayed making the objection till the moment when he
did, (and the Attorney-General insinuated, before the fifteen Judges,
that such was the case,[15]) thinking that course more advantageous to
the prisoners, or whether the objection had not, in fact, occurred to
him till it was too late, we cannot at present say. This much, however,
we can say in conclusion, that we are very much indebted to the late
Mr Townsend for having enabled us to present this entertainment--for
such we hope it has proved--to our readers; who may hereafter look
with great interest on a great trial, especially if they have the
opportunity of witnessing it. They may then appreciate the exquisite
anxieties and responsibilities imposed on those concerned in conducting
it--the difficulties with which they have to contend on the spot,
without time for consideration, though life itself be the stake played
for. They will also, probably, be of the opinion, that in the great
game at Monmouth all the players played their parts well--may we not
say admirably?--that the uttermost justice was done on both sides. Two
Public-domain text, read in full here on John Shaqi.
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