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
Lord Denman's reasons for recommending an acquittal were unanswerable;
and by special direction of the House of Lords, though not in
conformity with precedent,[60] were published, to enable the country
to judge of the grounds on which the House had proceeded. The result,
however, so contrary to that which had been expected, excited no little
indignation; and the _bonâ fides_, even of those who conducted the
prosecution, was very sternly questioned. It was insinuated by some
of the most powerful organs of public opinion, that the prosecution
had been taken up unwillingly, and with not even ordinary precautions
to secure the ends of justice. "We ask," said the _Times_, "whether
the law officers of the Crown had no foresight to anticipate, or no
disposition to provide against, a conclusion so unsatisfactory? Is
any man capable of believing that if some tailor, or linendraper, had
been indicted at the Old Bailey for the crime of stealing--or that
he, having an honour to vindicate equally with noble lords, pistolled
and wounded one of his companions--does any man believe that, in such
a case, we should have heard of any miscarriage, or of any name that
could not be proved? Oh no! there would then have been precautions in
abundance--there would have been no loophole left--there would have
been no lack of friends and relatives carefully subpoenaed to prove all
the Christian names of the necessary party."
We ourselves have reflected frequently on the result of this trial;
and the points which have occurred to us are two. _First_, Why was not
Captain Tuckett summoned to the bar of the House of Lords--if merely to
be asked his name[61]--or even only to be pointed out to the witnesses
to see if they could identify him? The miller could have been required
to look at him, and been then asked--"Is that the person whom you saw
lying wounded on the common?"--and Mr Codd could then have been also
required to look at Captain Tuckett, and say--"Is that the gentleman
to whom you used to pay half-pay as Captain Tuckett of the 11th Light
Dragoons, and whose name you knew to be Harvey Garnett Phipps Tuckett?"
On both these witnesses answering these questions in the affirmative,
it would have required a thousand times even Sir William Follett's
ingenuity to suggest a further doubt on the point of identity. This
was the course which the Lord High Steward plainly pointed at, in his
address to his brother peers, as that which might have been adopted.
_Secondly_, Why was not the name of Captain Tuckett varied in various
counts of the indictment, so as to meet not every probable, but every
possible doubt and difficulty? If in one count he had been called
"Harvey Tuckett," it would have sufficed to meet the evidence actually
adduced; and the other counts might have, respectively described him
as "Harvey Garnett Phipps Tuckett"--"Harvey Garnett Tuckett"--"Harvey
Phipps Tuckett"--"Garnett Tuckett"--"Phipps Tuckett"--even adding to
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