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
"Several other methods of proof will readily suggest themselves to your
Lordships' minds. Even if obstacles had been imposed by distance of
time and place, by the poverty of those seeking to enforce the law, by
the death of witnesses, or other casualties, it cannot be doubted that
the accused must have had the benefit of the failure of proof, however
occasioned; and here, where none of those causes can account for the
deficiency, it seems too much to require that your Lordships should
volunteer the presumption of a fact which, if true, might have been
made clear and manifest to every man's understanding by the shortest
process. Your Lordships were informed that no persons out of doors
could hesitate, on the proof now given, to decide that the identity
is well made out. Permit me, my Lords, to say that you are to decide
for yourselves upon the proofs brought before you, and that nothing
can be conceived more dangerous to the interests of justice, than for
a judicial body to indulge in any speculations on what may possibly
be said or thought by others who have not heard the same evidence,
nor act with the same responsibility, nor (possibly) confine their
attention to the evidence actually adduced. Your lordships," continued
the Lord High Steward, "sitting in this High Court of Parliament,
with the functions of a judge and a jury, I have stated my own views,
as an individual member of the court, of the question by you to be
considered, discussed, and decided. Though I have commenced the debate,
it cannot be necessary for me to disclaim the purpose of dictating
my own opinion, which is respectfully laid before you with the hope
of eliciting those of the House at large. If any other duty be cast
upon me, or if there be any more convenient course to be pursued, I
shall be greatly indebted to any of your lordships who will be so
kind as to instruct me in it. In the absence," concluded the noble
Lord, "of any other suggestion, I venture to declare my own judgment,
grounded on the reasons briefly submitted, that the Earl of Cardigan
is entitled to be declared NOT GUILTY."[59] This was followed by
the unanimous declaration of "Not Guilty,"--pronounced successively
"upon my honour"--by every peer present, beginning with the junior
baron. The only variation of the form occurred in the case of the Duke
of Cleveland, who said--instead of not guilty, upon my honour"--not
guilty, _legally_, upon my honour." The white staff of the Lord High
Steward was then broken in two; and so was dissolved the first--may it
be the last--commission, during the present century, for the trial of a
peer on a charge of felony.
Public-domain text, read in full here on John Shaqi.
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