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
these other combinations of the four names in which Captain Tuckett
rejoiced. To dispose first of this latter point--we verily believe
that, up to the moment when the question of identity was started, the
counsel for the prosecution, and their clients, believed that the
proof of identity was a matter of course. The indictment had been
preferred before the Grand Jury at the Central Criminal Court; and was
doubtless framed, in the ordinary course, by the clerk of indictments,
from the depositions--in which might have appeared all the four names
of Captain Tuckett, without any intimation of doubt or difficulty as
to the fact of those being his names, or as to proof that they were.
Possibly the clerk had before him a positive statement that Mr Codd,
the army agent, who paid Captain Tuckett his half-pay, could clearly
prove that his name was "Harvey Garnett Phipps Tuckett;" and that,
if so, it was a needless and expensive encumbering of the record to
insert counts aimed at only imaginary difficulties. The indictment
having once gone before the Grand Jury, and been returned a true bill,
no alteration could have been made in it, especially after it had been
removed by _certiorari_.... Doubtless the brief of the counsel for the
prosecution would contain the evidence of Mr Codd, in as direct and
positive a form as could be imagined; and they would regard him, as the
army-agent of Captain Tuckett, as peculiarly qualified to prove his
real names. When the difficulty had been started, we know of no degree
of ingenuity that could have been exhibited by counsel, exceeding
that of the Attorney-General, in his contests on the point with Sir
William Follett. All experienced practical lawyers will acknowledge
the probability that the solution of the question here proposed is the
true one. It is easy to be wise after the result. A blot is not a blot,
until it has been _hit_.
Public-domain text, read in full here on John Shaqi.
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