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
Next followed some weighty remarks on the evidence of Leguix as to the
purchase, by an Englishman, in the winter of 1836-7, of the map of
Canada of 1703; and then Lord Meadowbank pointed out certainly a most
serious contradiction in the prisoner's statements, under his different
"examinations," as to the period of his becoming acquainted with Lord
Cockburn's judgment of December 1836. When first examined, on the 18th
December 1838, in answer to the direct question when he first knew of
that judgment, he declared that "it was not till the month of _March_
or _April_ following, [_i. e._ 1837,] that he was made acquainted with
that or any part of his Lordship's judgment or proceedings, _except as
to their general import_, which he had learned from a letter addressed
to him by his own family." Then he was asked whether he had not been
made acquainted with Lord Cockburn's judgment in the same month of
December in which it was pronounced. He declared "that _he had not_,
and even _then_, [_i. e._, 18th December 1838,] he knew nothing of the
particulars of that judgment." On the 14th February 1839, however,
on being again examined before the Sheriff, he declared that, "when
in Paris, in March or April 1837, he heard that Lord Cockburn had
pronounced an unfavourable judgment in his case; and _at that time a
copy of the printed papers of the judgment and of the note_ was sent
him by his family from Edinburgh, and until that time he was not aware
that Lord Cockburn had formed an unfavourable opinion of his case!"
"Here are declarations of the prisoner, contradictory on matters
as to which there could be no error in point of recollection,--an
important contradiction, and one testifying a desire of concealment
of the truth, which, in all cases like this, has ever been deemed
greatly to affect the innocence or guilt of a party." Again, "if these
declarations establish the prisoner's knowledge of what had been done
by Lord Cockburn, you are bound to consider whether that knowledge
does not materially affect the evidence of the fabrication of these
documents, as having been known to him, to whom alone they could be
useful."
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