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 attestation of the Archbishop, were both Irish blunders. "And on
such evidence," said Mr Robertson, "this bungled excerpt is to be held
proved to be a deliberate forgery!"[32] Before leaving this part of
the case, let us remind the reader of the fact mentioned in our former
Number, that it was Mr Thomas Christopher Banks who, according to
his own letter, discovered this challenged "excerpt" in Ireland, and
transmitted it to the prisoner; that the prisoner's council elicited
at the trial that this Mr Thomas Christopher Banks had been seen, by a
witness, alive, at Edinburgh, _a few weeks before the trial, and at the
office of the Crown Solicitor_; and that Mr Banks was not called as a
witness by either side.
[32] _Ante_, p. 470.
Was then this "excerpt charter" a forgery, or a genuine document? The
reader has before him the same materials for forming a judgment which
were presented to the Edinburgh jury. Let us proceed now to--
II. THE LE NORMAND PACKET--_i. e._, THE FRENCH EVIDENCE. It now lies
before us, in the large _facsimile_, nearly a yard square, (one
prepared for use at the trial,) prefixed to Mr Swinton's Report,
representing eight different inscriptions or indorsements, on the back
of an old French map of Canada. Six of them are written on the paper
itself of the map, and two on two other pieces of paper, which were
afterwards pasted on the back of the map. We beg to repeat emphatically
the observation made in our last Number,[33] that "we doubt whether
such an extraordinary document, or series of documents, as this
map, with its accompaniments, has ever, before or since, challenged
deliberate judicial investigation." It is at once fearful and ludicrous
to regard these documents as forgeries, _expected by their fabricators
to be received as genuine_, and intrepidly submitted to competent
scrutiny. So, at least, we own it would have appeared to ourselves;
but, after all, there is nothing like a jury for deciding upon
conflicting testimony. We cordially concur in the following admirable
observations of Lord Brougham, delivered on a very important occasion,
when he was sitting as Lord Chancellor,[34]--"The best tribunal for
investigating contested facts is a jury [of twelve men] of various
habits of thinking, of various characters of understanding, of various
kinds of feeling, of moral feeling--all of which circumstances enter
deeply into the capacity of such individuals.... The diversity of
the minds of the jury, even if they are taken without any experience
as jurors, their various habits of thinking and feeling, and their
diversity of cast of understanding, and their discussing the matter
among themselves, and the very fact of their not being lawyers, their
not being professional men, and believing as men believe, and _acting_
on their belief, in the ordinary affairs of life, give them a capacity
of aiding the court in their eliciting of truth, which no single
judge, be he ever so largely gifted with mental endowments, be he
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