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
a different matter when regard was had to the great number of other
documents alleged to have been forged, or knowingly uttered as forged,
by the prisoner. "Gentlemen," said Lord Meadowbank, "the prisoner
_may_ have been _a dupe_ in all these transactions;... but you have
it clearly made out that the only person who enjoyed the fruits of the
imposition was the prisoner himself!... Gentlemen, I have now laid
before you the whole case as it occurs to me. I have never bestowed
more pains upon any case than I have upon this; and in none have I ever
summed up the evidence with greater pain.... Our business is to do
justice, and you, in particular, have to weigh the evidence calmly and
deliberately; and, should you doubt of that evidence being sufficient
to bring the present charge home to the prisoner, to give him the
full benefit of that doubt. But, to entitle you to do so, these doubts
must be well considered, and the circumstances on which they are
founded deliberately weighed. To doubts that are not reasonable, you
have no right whatever to yield. You are not entitled to require from
the Procurator _direct proof_ of the facts laid in his charge. The
circumstances laid in evidence must be put together; and it is your
duty, then, to consider what is the reasonable inference to be drawn
from the whole of them: in short, whether it be possible to explain
them upon grounds consistent with the innocence of the party accused;
or whether, on the contrary, they do not necessarily lead to a result
directly the reverse."
The jury, thus charged with their solemn responsibility, withdrew to
consider their verdict; and as they were absent for FIVE HOURS, we have
time to ask the reader what would have been _his_ decision, as one of
that jury, on this deeply interesting, this most serious and remarkable
case.
_First_, Were any or all of these documents forgeries?
_Secondly_, If they were, did the prisoner forge them?
_Thirdly_, If forgeries, though not by the prisoner, did he use and
utter them with a guilty knowledge of their being forgeries?
We regard Lord Meadowbank's summing up as a dignified and righteous
one, blinking no responsibility, and making difficult matters plain
to the humblest capacity, and leaving no excuse for an inefficient
performance of duty. At length, however, after their long absence from
Court--a torturing five hours' absence--the return of the jury is
announced; the four judges resume their seats with stern gravity and
expectation; the agitated prisoner, still accompanied by his chivalrous
friend, Colonel D'Aguilar, appears at the bar; the anxious crowd is
hushed into silence; and the chancellor (or foreman) delivered in the
following verdict:--
Public-domain text, read in full here on John Shaqi.
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