Great Britain -- Social life and customs -- 19th century
There might, further, be the grossest errors of law, as laid down
by the judge to the jury, or of fact upon the evidence, without the
prisoner having any remedy. Neither the evidence nor the judge’s
directions appeared upon the face of the ‘record,’ and it was only for
some irregularity upon the record that a writ of error would lie. A
curious practice, however, gradually sprang up, whereby substantial
miscarriage of justice was often averted. If a legal point of any
difficulty arose in any criminal case heard at the Assizes, or
elsewhere, the judge respited the prisoner, or postponed judgment, and
reported the matter to the judges. The point reserved was then argued
before the judges by counsel, not in court, but at Serjeants’ Inn, of
which all the judges were members. If it was decided that the prisoner
had been improperly convicted, he received a free pardon. It was this
tribunal which was in 1848 erected into the Court for Crown Cases
Reserved.
The outcry against capital punishment for minor felonies was still in
full blast. The history of this legislation is extremely curious. The
value of human life was slowly raised. It had, thanks to the noble
efforts of Sir Samuel Romilly, ceased to be a capital offence to steal
from a shop to the amount of 5_s._; but public opinion was still more
enlightened than the laws. A humane judge compelled to pass sentence of
death upon a woman convicted of stealing from a dwelling-house to the
value of 40_s._, shocked when the wretched victim fainted away, cried
out, ‘Good woman, good woman, I don’t mean to hang you. I don’t mean
to hang you. Will nobody tell her I don’t mean to hang her?’ Jurors
perjured themselves rather than subject anybody to this awful penalty.
In 1833 Lord Suffield, in the House of Lords, declared, ‘I hold in my
hand a list of 555 perjured verdicts delivered at the Old Bailey in
fifteen years, for the single offence of stealing from dwelling-houses;
the value stolen being in these cases sworn above the value of 40_s._
but the verdicts returned being to the value of 39_s._ only.’ Human
life was, then, appraised at 5_l._ But juries were equal to the
occasion. Disregarding the actual amount stolen, they substituted for
the old verdict ‘Guilty of stealing to the value of 39_s._’--‘Guilty of
stealing to the value of 4_l._ 19_s._’ Here is an illustration. A man
was convicted at the Old Bailey of robbing his employers to the amount
of 1,000_l._ The evidence was overwhelming. Property worth 200_l._
was found in his own room; 300_l._ more was traced to the man to whom
he had sold it. The jury found him guilty of stealing to the amount
of 4_l._ 19_s._ He was again indicted for stealing 25_l._, and again
convicted of stealing less than 5_l._ In the remaining indictments the
prosecutors allowed him to plead guilty to the same extent. In the same
way, for years prior to 1832, when the death penalty for forgery was
abolished--except in the cases of wills and powers of attorney relating
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