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
I. The Solicitor-General, it will be observed, according to the
Scottish mode of criminal procedure, had only one opportunity of
addressing the jury--and that after the whole evidence on both sides
had been laid before them, and immediately _before_ the speech by the
prisoner's counsel. In England, the counsel for the Crown speaks also
only once, but that before the evidence has been adduced, unless the
prisoner call evidence--in which event the counsel for Crown "has the
last word," as it is called, "to the jury." This difference may perhaps
account for the earnestness with which the Solicitor-General, in the
case before us, appears to have "pressed for a conviction"--such is
the phrase used on such occasions in England. We are bound, however,
to say that, in our opinion, the Solicitor-General did not exhibit any
undue or unseemly eagerness; nor approach even towards unfairness, or
exaggeration, misrepresentation, or suppression. The prisoner, said he,
is at all events, _de facto_ the utterer of these various documents,
and the presumption is always against the utterer--especially when, as
in the present case, these documents were calculated to advance his own
direct personal interest exclusively. The _onus_ lay on him to prove
that he innocently uttered, having been deceived by others. Could the
jury, in the face of such a marvellous coincidence of times, of means,
of objects, believe that a number of different persons were concerned
in promoting the prisoner's objects and interests, and he all the while
profoundly ignorant of what was being done? The documents are all
proved forgeries; and these he utters, and for the advancement of his
own interests alone! In the agony of his difficulty--the crisis of his
fate--he goes to France clandestinely, and is proved to have been in
constant intercourse with Mademoiselle le Normand, and to have incurred
immense pecuniary liabilities to her at that very period; giving,
however, a most contradictory account of his relations and transactions
with her! Up to the hour of his trial, he had given no explanation
whatever of his doings at Paris, whither he went immediately after
Lord Cockburn's adverse judgment, and returned so shortly after the
discovery of the Le Normand and the De Porquet packets! And Leguix
is found selling a map of Canada, of 1703, exactly at the time of
the prisoner's being at Paris; and Mademoiselle Le Normand writes to
him--"They have found the man on the quay!"
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