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
"_Sir William Follett._--He does not know Captain Harvey Tuckett, I
suppose.
"_Q._--Did you speak to him?
"_A._--I did."
The Attorney-General then tendered the card in evidence: and Sir
William Follett, ignorant of what was written in it, (for the
Attorney-General had not specified in stating the case,) objected to
its being received. On this a very ingenious and elaborate argument
ensued between him and the Attorney-General, whether this card was or
was not admissible in evidence, at all events in that stage of the
case. The latter insisted on the affirmative, on the ground that the
card had been given to the constable in Lord Cardigan's presence, and
the constable had afterwards gone to the address specified in the
card. It was therefore a part of the _res gestæ_. "No," answered Sir
William Follett; "it does not appear who it was that gave this card,
or that Lord Cardigan saw it, nor that he knew what was written on
it. The Attorney-General is trying to prove an important fact in the
case, by an apparent _admission_ of Lord Cardigan; whereas he is not
shown to have had any cognisance whatever of the fact which he is
supposed to have admitted!" The Lord High Steward said that, at all
events, the House would postpone for the present its decision as to the
admissibility of the card. "Whether the Attorney-General," said Sir
William Follett, "will have any other evidence to prove who it was that
had given the card, or to connect the card with the Earl, is another
question"--which doubtless occasioned no little anxiety to the Earl and
his astute counsel.
The next witnesses were the miller's wife and son, who were
cross-examined by Sir William Follett irritably and severely, but
ineffectually. They did not, nevertheless, appear to carry the case
much farther than had the miller. Then came Mr Busain, the police
inspector, who gave evidence of the facts already stated in connection
with his name, in the Earl's avowal that he had just fought a duel, and
hit his man. On his being asked a very critical question, viz., as to
Captain Tuckett's having called at the magistrate's office _and given
his name_, Sir William Follett anxiously and hastily interposed--"Was
Lord Cardigan present then and there?" to which the answer was, "No,
he was not." Sir William Follett therefore succeeded in excluding what
Captain Tuckett had said on calling at the magistrate's office, and
thus again "averted the decisive stroke."[58]
Public-domain text, read in full here on John Shaqi.
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