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 Jury UNANIMOUSLY find it proved that the _excerpt charter is a
forged document_; and, BY A MAJORITY,[58] find it NOT PROVEN that the
panel forged the said document, or is guilty art or part thereof,--or
that he UTTERED it, knowing it to be forged." [Here arose a burst
of applause from the audience, in consequence of which the Court
immediately ordered the gallery to be cleared.]
[58] In Scotland, the verdict in a criminal case is according to a
majority of the jury; in a civil case they must be unanimous.
II. "UNANIMOUSLY find it proved that the _documents on the map are
forged_; and by A MAJORITY find it NOT PROVEN that the panel forged the
said documents, or is guilty art and part thereof, or that he UTTERED
them, knowing them to be forged."
III. "UNANIMOUSLY find it _Not Proven_ that the documents contained
in De Porquet's packet are forged; or were uttered by the panel as
genuine, knowing them to be forged."
IV. "UNANIMOUSLY find it _Not Proven_ that the copy letter to Le
Normand,[59] in the fifth and last charge of the Indictment, is either
forged, or was uttered by the panel as genuine, knowing it to be
forged."
[59] This was the anonymous letter to Madlle. le Normand, dated the
10th July 1837, accompanying the map professed to have been left with
her so mysteriously on the ensuing day. See it _in extenso_ in our last
Number, p. 482.
As soon as the chancellor of the jury had finished delivering the above
verdict the prisoner swooned, and was carried out of court insensible.
On one of his counsel certifying to the court, on the authority of a
medical gentleman in attendance on him, the continued indisposition of
the prisoner, and that it would be dangerous to bring him back into
court, his further attendance was dispensed with, the Public Prosecutor
consenting; and as soon as the verdict had been formally approved of
and recorded, the Court pronounced the following sentence:--
"The Lords Commissioners of Justiciary, in respect of the foregoing
verdict of Assize, assoilzie the panel _simpliciter_, and dismiss him
from the bar."
By the law of Scotland a verdict of "_Not Proven_" has the same effect
as a verdict of "_Not Guilty_," with reference to liability to a second
or subsequent trial on the same charge.
Public-domain text, read in full here on John Shaqi.
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