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 cover," said Lord Meadowbank, "may be genuine, while the documents
said to be contained in it may be forged; original enclosures may have
been withdrawn, and others substituted."--"If you have arrived at the
conclusion that the documents at the back of the old map are forgeries,
(and how you are to do otherwise it is difficult for me to imagine,)
I think you will not find it very easy to disconnect _this reference
to the inscription_, and to the alleged genealogy of the persons with
whom it was the object of the prisoner to connect himself, from these
documents, or to entertain any reasonable doubt that both are in _pari
casu_--were fabricated with the view of bolstering up one another,
and must be alike liable to the imputation of forgery: both sets of
documents were exactly calculated for making up those defects in the
chain of evidence pointed out by the Lord Ordinary. I shall conclude
what I have to say upon this matter with an observation which will
have occurred to yourselves--that if you hold _the excerpt charter_ a
forgery, and that the documents written and pasted upon the back of
the map are forgeries, it will be difficult for you not to hold that
this must affect in a most material degree the evidence relating to
the _other_ documents, which the public prosecutor avers to be also
forgeries. In other words, if you are satisfied that the proof is clear
that _any_ of these sets of documents are forged, but that the evidence
with respect to others is not so conclusive, you will have to make up
your minds whether, considering that the whole are so connected with
and bear upon each other, there can be any good reason for fixing a
character upon the one which must not also belong to the other."
[53] Swinton, p. 324.
We have been thus particular in laying before the reader the just
and able observations of Lord Meadowbank on this last portion of the
case, chiefly because of the result at which the jury arrived. It
seems to us not a little singular that one material enclosure in the
De Porquet packet escaped the notice of both the counsel for the Crown
and the prisoner, and also the judge: we allude to the Genealogical
Tree, professed to be certified by "Thos. Campbell, 15th April 1759,"
and forming one of the charges in the indictment. If this be really a
forgery, it seems one of extraordinary impudence.
Public-domain text, read in full here on John Shaqi.
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