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
truth or falsehood of the charge on which he is being tried; what he is
thinking of the exertions of his counsel, of the temper and spirit of
the witnesses, of the jury, of the judge; whether he adverts at all to
the spectators around him, and the feelings by which they are animated
towards him; whether he is aware of, or appreciates, the true strain
and pressure of the case--the sudden chances and perils occurring in
its progress.
How striking and instructive to observe the abstract rules of justice
brought to bear, with equal readiness and precision, upon ordinary
and extraordinary combinations of circumstances!--to witness the
dead letter of the law become animated with potent vitality for the
regulation of human affairs!
Again, it has often occurred to us that there is another point of view
from which important trials--nay, almost any trial--may be contemplated
with lively interest by a logical observer, with reference to _the use
made of facts_ by judicial and forensic intellect. How little even the
acutest layman could have anticipated such dealing with facts as that
which he here beholds; how he must appreciate the practised, watchful
art with which the slightest circumstance is seized hold of, and in
due time so combined with others with which it seemed to have no
conceivable connexion, as to justify conclusions exactly the reverse
of those which had till then seemed inevitable! What totally different
aspects the same facts may be made to wear by different dealers with
them, having different objects in view! By their different arrangement
and combination, what _unexpected_ inferences may be drawn from the
self-same facts, and even when similarly arranged and combined! How
exciting to see a defence constructed by experienced astuteness and
eloquence out of the slightest materials--out of a hopeless case--in
the teeth of one overpowering for the prosecution! The desperate
determination, the exquisite subtlety, the consummate judgment, often
exhibited on such occasions by eminent advocates--struggling, too, at
once with their own sense of right and wrong, and the desire to do
their utmost for one who has intrusted his all to them--conscious,
too, that though a jury of twelve plain common-sense people may be
unable to see through the fallacies which are presented to them, it
will doubtless be very far otherwise with one who has to follow,
who has the last word! and with that last word may at once lay bare
the sophistries of forensic effrontery, and perhaps rebuke him who
attempted to trifle with and mislead the understandings of those
so solemnly sworn to give a just and true verdict according to the
evidence. "But what is one to do?" exclaims the anxious advocate. "How
am I to defend yonder trembling being who has selected me to stand
between him and--the scaffold, it may be--if I am to play the judge,
and not the advocate; to yield pusillanimously to an array of fearfully
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