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
Without for one moment presuming to suggest any invidious comparison, we
may observe, that whatever may be the learning and ability of the two
dissenting judges, the majority, with Sir Nicholas Tindal at their head,
contains some of the most powerful, well-disciplined, long-experienced,
and learned intellects that ever were devoted to the administration of
justice, and all of them thoroughly familiar with the law and practice
in criminal proceedings; and as we have already suggested, no competent
reader can peruse their judgments without feeling admiration of the
logical power evinced by them. While Mr Baron Parke "_doubts_" as to the
soundness of his conclusions, they all express a clear and _decisive_
opinion as to the existence of the rule or custom in question as a rule
of law, and as to its reasonableness, utility, and justice.
The reading of these judgments occupied from ten o'clock on the Monday
morning till three o'clock in the afternoon, when the House adjourned
till Wednesday; having first ordered the opinions of the judges to be
printed. There were a considerable number of peers (among whom was the
Duke of Cambridge) present, and they listened attentively to those whom
they had summoned to advise them on so great an occasion. Lords
Brougham, Denman, Cottenham, and Campbell sat near one another on the
opposition side of the House, each with writing-tables before him; and
they, together with the Lord Chancellor, appeared to pay close attention
to what fell from the judges. The House of Lords on these great
occasions presents a very interesting and impressive appearance. The
Chancellor sits robed in his usual place, surrounded by the judges, who
are seated on the woolsacks in the centre of the house, all in their
full official costume, each rising to read his written judgment. If ever
man made a magnificent personal appearance among his fellows, it is Lord
Lyndhurst thus surrounded. At the bar of the house stood, or sat, the
majority of the counsel engaged on each side, as well as others; and the
whole space behind was crowded by anxious spectators, conspicuous among
whom were Messrs Mahoney and Ford, (two tall, stout, shrewd-looking
men,) the Irish attorneys engaged on behalf of the traversers. They and
their counsel appeared a trifle less desponding at the conclusion of
Baron Parke's judgment; but the impression was universal that the
Chancellor would advise the House to affirm the judgment, in accordance
with the opinions of so overwhelming a majority of the judges. No one,
however, could do more than guess the inclination of the law lords, or
what impression had been made upon them by the opinions of the judges.
When therefore Wednesday, the day of final judgment upon this memorable
and agitating case, had arrived, it is difficult to describe the
excitement and anxiety manifest among all the parties who densely
crowded the space between the door and the bar of the House. There were,
Public-domain text, read in full here on John Shaqi.
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