Blackwood's Edinburgh Magazine, Volume 69, No. 427, May, 1851Various
General
Blackwood's Edinburgh Magazine, Volume 69, No. 427, May, 1851
Various
England -- Periodicals; Scotland -- Periodicals
"The Lords Commissioners of Justiciary find the libel RELEVANT to
infer the pains of law, but allow the panel a proof in exculpation and
alleviation; and in respect that the panel has by his counsel waived
his right, if he any have, to be tried by a jury, of which the majority
shall consist of landed men, remit the panel, with the libel as found
relevant, to the knowledge of the _ordinary assize_."
Lists of all the witnesses and documentary proofs, on both sides,
were, as it would appear, interchanged; and the trial having been
postponed from the 3d to the 29th April 1839, on the latter day it
commenced--not however, as in England, with a preliminary statement
on the part of the prosecutor of the course of expected proof, but
with the evidence itself in detail. After that on both sides had been
adduced, the counsel for the Crown addressed the jury, and then the
counsel for the prisoner; after which Lord Meadowbank summed up. We beg
to say that we think the English course of procedure greatly preferable
to the Scottish, in commencing the trial with a temperate and lucid
statement of the case intended to be made out by the Crown, enabling
both the Court and the jury--but especially the latter--to obtain an
early clue through the labyrinth of oral and documentary proof, to see
the drift of it, and appreciate, in going along, the significance of
what is being done. In the present case, for instance, the jury were
plunged instanter into a series of details of somewhat complicated
legal proceedings, and legal and other documents: the Solicitor-General
feeling the necessity many times of interposing, to intimate that
"the object of _this_ or _that_ evidence was to show so and so," &c.
&c. And, indeed, if the jury really saw their way with only middling
clearness through the evidence, _as it was being adduced_, they were
a far shrewder and more experienced jury than it has been our lot
to see for many a long year, even at Guildhall or Westminster. In
the present case, a half-hour's calm preliminary statement, by the
Solicitor-General, of the points of the charge, and the application to
them of the evidence, would have greatly assisted the jury, possibly
even the Court, and, long afterwards, ourselves. In despair, we
leaped out of the intricate evidence into the speeches of counsel,
and the summing up of the judge, afterwards recurring to the evidence
and appendices. At length we found ourselves on sure ground, and in a
clear atmosphere; and grudged not the effort we had made to overcome
the obstacles of which we have been complaining, and also the difficult
technicalities of Scottish criminal law procedure.
Public-domain text, read in full here on John Shaqi.
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