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
It is evident that Lord Meadowbank regarded the advantage derived by
the prisoner from the presence in the dock of his distinguished friend
Colonel D'Aguilar, and also from the very flattering testimony to
character which he had received, as likely to prove a disturbing force
to the jury in forming their estimate of the case. He therefore, in the
first instance, addressed himself with a very evident air of anxiety
to this section of the evidence. "That of Colonel D'Aguilar," said
he, "of the gallant officer now seated with the panel at the bar,[55]
was not more creditable to the panel than it was to the witness.
It proved that his feelings of obligation, long ago conferred, had
not been obliterated by the lapse of time; and it was given with an
earnestness which, if it told on your minds as it did on mine, must
have been by you felt as most deeply affecting.... But in weighing
this evidence to the character of the prisoner, you must attend to
what that proof really amounts."[56] He proceeded to point out the
chasm of thirty years in their _personal_ intercourse; and then
exhibited, in lively colours, by way of set-off, the conduct of the
prisoner in raising large sums of money on false representations
as to his resources--"raising a sum of £13,000 on bonds granted by
him for £50,000. All this, gentlemen, is, to say the least of it, a
most discreditable proceeding on the part of a person bearing the
high character which has been given the prisoner.... It is for you,
gentlemen, to consider if the evidence which has been given as to
the character he once bore, be or be not counterbalanced by these
disreputable proceedings at a later period."[57]
[55] Such a thing would not be allowed in England, except, probably,
under very special circumstances. _We_ never witnessed anything of the
kind.
[56] Swinton, pp. 333-4.
[57] _Ib._, pp. 335-6.
The "evidence of the prisoner having _uttered the whole_ of the
instruments and documents charged in the indictment to be forgeries
has not been called in question by the prisoner's counsel, he not
having said one word on the subject. For my own part, I see no ground
for disputing that the whole were uttered by the prisoner, and I
shall content myself with referring to the evidence of the official
witnesses, who received them from the agents of the prisoner; who
again, in so producing, and so delivering them, acted under his
authority, and were the mere instruments for carrying into effect those
acts for which he alone can be responsible." Shortly afterwards, Lord
Meadowbank gave a blighting summary of undisputed facts.
Public-domain text, read in full here on John Shaqi.
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