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
Thus ended, on Friday the 3d May 1839, this extraordinary trial--than
which we know none more so on record. That the jury found the slightest
difficulty in pronouncing the excerpt charter, and the Le Normand map,
with its indorsements, to be forgeries, no one can think probable;
but we own our very great surprise at finding them of opinion, and
that "unanimously," that the forgery of the De Porquet packet, and the
letter accompanying the Le Normand packet, had "not" been "proven."
One thing, however, is perfectly clear, that these forgeries could
not have been committed by lawyers, either Scottish or English; for
the slightest smattering of legal knowledge would have sufficed to
show the stark staring absurdity of imagining that such "_evidence!_"
could be received or acted upon, for a moment, by any court of
justice in a civilised country. In an English court, the De Porquet
packet would have been hailed, but for decorum's sake, with a shout
of laughter. A single rule of English law, that documents offered in
evidence--especially ancient ones--must be proved to have come from the
proper custody, would have disposed of the whole matter in a trice.
On what grounds proceeded the verdict of "not proven," with reference
to the charge against the prisoner of forgery, or guilty uttering of
forged documents, we know not, and it were almost idle to speculate.
We doubt not, however, that Colonel D'Aguilar played the part of a
guardian angel to his friend throughout his ordeal, and think that
the jury attached the utmost weight to the suggestion with which
the prisoner's counsel skilfully concluded his address, that "the
prisoner had been merely the dupe of the designing, and the prey of the
unworthy."[60] He may, indeed, have been a weak and insanely credulous
person, and may have unconsciously encouraged others to be guilty of
forgery, in imaginary furtherance of his own ambitious objects, by the
promise of liberal recompense in the event of his being successful--as
in the case of Mademoiselle le Normand, to whom he had given a bond for
four hundred thousand francs.
[60] Swinton, p. 300.
In conclusion, we have to express our obligation to the accomplished
and learned editor of the report of this trial, Professor Swinton, for
the fulness and fidelity with which he has placed it before us. It is
a valuable and deeply interesting addition to the records of Scottish
jurisprudence; and it is also well worth the while of an English lawyer
to procure and study it. Nay, even the novelist may find it well worth
his while to ponder its marvellous details.
THE DINNER TO LORD STANLEY.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account