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
After stating that no technical objection can be raised to those of the
above trials which immediately affect the State, he observes, that,
"for the propriety of inserting the rest under the same title, a just
apology may be made." The trial of the Earl of Cardigan, before the
House of Lords, is represented as interesting, from the rank of the
accused and from the rarity of the trial, as being the first time that
duelling was attempted to be brought within a recent statute, (1 Vict.
c. 85) enacting that the shooting at a person, not with premeditated
malice, but deliberately, and causing a bodily injury dangerous to
life, should be a capital offence; and that whoever should shoot any
person with intent to commit murder, or to do some grievous bodily
harm, should, though no bodily harm were inflicted, be guilty of
_felony_, and liable to transportation or imprisonment. The social
position of the titular Earl of Stirling, and the extraordinary nature
of the evidence, are said to justify the insertion of _his_ trial;
while, "in the records of criminal jurisprudence, there occur few
proceedings of more deep and painful interest than the prosecution of
Lord Cochrane, for Conspiracy to commit a fraud on the Stock Exchange."
The two cases of Courvoisier and M'Naughton respectively "involve
topics of absorbing interest at the period of the occurrence, and of
enduring interest to all time: in the one being involved the rights
and duties, the privileges and immunities of counsel for prisoners; in
the other, the fearful question of responsibility for crime--how far
moral insanity alone may exonerate the alleged subject of it from the
temporal consequences of his guilt." This latter topic is also involved
in Oxford's case. The trials of Mr Stuart for killing Sir Alexander
Boswell, and of Mr Moxon for blasphemy, are inserted for one and the
same reason--namely, "a desire to embalm the very beautiful speeches of
Lord Cockburn, Lord Jeffrey, and Mr Justice Talfourd." As to the trial
of Ambrose Williams, it is inserted on account of the celebrated speech
in defence by Lord Brougham--"one of the most vivid specimens extant,
in either ancient or modern literature, of keen irony, bitter sarcasm,
and vehement vituperation." The prosecution of the Wakefields for
conspiracy, and the abduction of Miss Turner, "forms a singular chapter
in legal history; interesting not less to the student of human nature,
on account of its characters and incidents, than to the lawyer, for the
elaborate discussions on the Scottish law of marriages, and the right
of the wife, even should there have been a legal marriage, to appear as
a witness against the offending husband--matters argued with profuse
learning and ability."
Public-domain text, read in full here on John Shaqi.
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