Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844 — John Shaqi
Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844Various
History
Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
Various
England -- Periodicals; Scotland -- Periodicals
Then there remain FIVE PERFECT COUNTS WITH FIVE PERFECT FINDINGS, in the
opinion of all the judges and of all the law lords; those five _counts_
containing the gist of the whole charge against O'Connell and his
confederates--those five _findings_ establishing that the defendants
were guilty of the offences so laid to their charge. Blot out, then,
altogether from the record the six counts objectionable on the
above-mentioned grounds, how are the other five to be got rid of? Thus,
said the traversers' counsel. We have the entire record before us
containing all the eleven counts and findings, both good and bad; and we
find by the language of the record itself, that the judges, in passing
sentence, _took into consideration all the eleven counts_, as if they
had been valid counts with valid findings--for the judges expressly
inflicted punishment on each of the traversers "_for his_ OFFENCES
_aforesaid_." Is it not therefore plain to demonstration, that the
measure of punishment was governed by reference to six--_i. e._ a
majority--of eleven counts, which six counts had no more right to stand
on the record, entailing liability to punishment on the parties named in
them, than six of the odes of Horace? The punishment here, moreover,
being discretionary, and consequently dependent upon, and influenced by,
the ingredients of guilt, which it appears conclusively that the judges
took into their consideration?
Such was the general drift of the reasonings of the traversers' counsel.
What was their effect upon the assembled judges--those experienced and
authoritative expositors of the law of the land? Why, after nearly two
months' time taken to consider and ponder over the various points which
had been started--after anxious consideration and communication one with
another--they re-appeared in the House of Lords on the 2d of September;
and, led by one who will be on all hands admitted to be one of the most
experienced, gifted, profoundly learned, and perfectly impartial and
independent lawyers that ever presided over a court of justice--Sir
Nicholas Tindal--SEVEN out of _nine_ of the judges expressed a clear
unhesitating opinion, that the third and eleventh questions should be
answered in the negative--viz. that the judgment was in no way
invalidated--could be in no way impeached, by reason of the defective
counts and findings. The two dissenting judges who had been _hit_ by the
arguments of the traversers' counsel, were Baron Parke and Mr Justice
Coltman--the latter speaking in a confident, the former in a remarkably
hesitating and doubting tone. The majority consisted of Chief-Justice
Sir Nicholas Tindal, Mr Justice Patteson, Mr Justice Maule, Mr Justice
Williams, Mr Baron Gurney, Mr Baron Alderson, and Mr Justice Coleridge.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account