Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
After this authoritative intimation from the court, in a capital
case, in favour of the prisoner, it would have been obviously to the
last degree inexpedient for the Solicitor-general, in his position
of peculiar and great public responsibility, to "press for a verdict
against the prisoner."[32] After, therefore, intimating distinctly and
respectfully to the jury, that, "after the intimation he had received
from the bench, he felt that he should not be properly discharging
his duty to the Crown and the public, if he asked them for a verdict
against the prisoner," he withdrew, in deference to "the very strong
opinion entertained by the Lord Chief-Justice, and the other learned
Judges present," that the evidence, especially the medical evidence,
sufficed to show that the prisoner, when he shot Mr Drummond, was
labouring under insanity. "_If_ he were so," added Sir William Follett,
with a pointed reservation of his own opinion, "he would be entitled
to his acquittal." He intimated, however, distinctly, that he adhered
to "the doctrines and authorities" on which he had relied in opening
the case, "as being correct law; our object being to ascertain whether
the prisoner, at the time when he committed the crime, was--_at that
time_--to be regarded as a responsible agent, or whether all control
over himself was taken away. The learned judge, I understand, means to
submit that question to you. I cannot press for a verdict against the
prisoner, and it will be for you to come to your decision."
The Chief-Justice then briefly addressed the jury, offering to go
through the whole evidence, if the jury deemed it necessary, which _he_
"thought to be almost unnecessary;" adding--
"I am in your hands; but if, in balancing the evidence in your
minds, you think that the prisoner was, at the time of committing
the act, capable of distinguishing between right and wrong, then
he was a responsible agent, and liable to all the penalties which
the law enforces. If not so--and if, in your judgment, the subject
should appear involved in very great difficulty--then you will
probably not take upon yourselves to find the prisoner guilty. If
that is your opinion, then you will acquit the prisoner. If you
think you ought to hear the evidence more fully, in that case I
will state it to you, and leave the case in your hands. Probably,
however, sufficient has now been laid before you, and you will say
whether you want any further information."
_Foreman of the Jury._--"We require no more, my Lord."
_Chief-Justice Tindal._--"If you find the prisoner not guilty, say
on the ground of insanity; in which case proper care will be taken
of him."
_Foreman._--"We find the prisoner not guilty, on the ground of
insanity."
Public-domain text, read in full here on John Shaqi.
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