Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850Various
General
Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850
Various
England -- Periodicals; Scotland -- Periodicals
The sole question in this celebrated case thus became one of
identity--the indictment charging Lord Cardigan with having fired
at one _Harvey Garnett Phipps Tuckett_--it being the duty of the
prosecutors to prove that the prisoner fired at a person _bearing these
names_. There was abundant evidence that Lord Cardigan had fired at and
wounded a Captain Harvey Tuckett; but this might be a person totally
different from him named in the indictment. The skill and vigilance
of the prisoner's counsel were visible in tripping up his opponents
whenever they approached inconveniently near his client. There is no
reason to believe that Lord Cardigan's counsel were aware of there
being the slightest difficulty, on the part of the prosecution, in
proving the identity of the wounded man with the one specified in the
indictment; but at the very first start, Sir William Follett perceived
a faint possible advantage, and never for one instant lost sight of it.
"You tell us," said the counsel for the prosecution, examining the
first witness--the miller, "that you saw the pistols fired a second
time: did you observe whether either of the shots took effect?
"_A._--I thought Captain Tuckett was wounded--or, at least, the other
gentleman: _I did not know who it was_.
"_Q._--You thought that the gentleman, whom you afterwards knew to be
Captain Tuckett, was wounded?
"_A._--Yes.
"_Q._--Did you see what that gentleman did with his pistol, after the
second shots were fired?
"_A._--No.
"_Q._--You did not see whether he held it in his hand, or what he did
with it?
"_A._--Which are you alluding to?
"_Q._--I am speaking of Captain Tuckett.
"_Sir William Follett._--He has said he did not know who it was!"
Here was a stumble by the prosecutors, which their wary adversary
never allowed them to recover. The miller then stated the giving of
the card of address of "Captain Harvey Tuckett, 13 Hamilton Place, New
Road," and produced it; but Sir William Follett would not allow it
to be read in evidence against Lord Cardigan, without evidence that
Lord Cardigan had seen it given, and was aware of what it was: and
such evidence was not forthcoming. The Attorney-General then withdrew
the card for the present, and asked the miller whether, on receiving
it, he allowed the wounded gentleman to go; to which the answer was
"Yes."--"In consequence of receiving this card, did you afterwards call
at a particular house?" (meaning the house mentioned on the card, but
which Sir William Follett had succeeded in excluding, for the present,
from evidence.) Sir William Follett objected that the question was a
leading one, and it was not pressed. The witness then stated that, a
week afterwards, he called at No. 13 Hamilton Place; asked for "Captain
Harvey Tuckett."
"_Q._--Whom did you see?
"_A._--Captain Harvey Tuckett.
"_Q._--Did you speak to him?
"_A._--I did.
"_Sir William Follett._--I wish you would put your questions
differently!
"_Attorney-General._--We ask him whom he saw.
Public-domain text, read in full here on John Shaqi.
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