“You will not refute me when I assert that the fact in our common
experience which at the present time has the greatest power to oppress
us is the imperfection of human nature. And upon entering a court of
justice this fact is apt to demoralize a feeling mind. The science of
appraising criminal evidence has been carried among us to a curious
pitch, as witness the unexampled skill of my learned friend; the
paraphernalia of incrimination, if the expression may be allowed to me,
is consummate; but in spite of the rare ingenuity of great legal minds,
human nature is fallible. It is liable to err. It does err. To the deep
grief of science it errs with great frequency. Indeed, its errors are
so numerous that they even impinge upon the sacred domain of justice.
Miscarriages of justice occur every day.
“In a cause of this nature it is most necessary that steps should be
taken to exclude the element of injustice by all means that are known
to us. We are bound, gentlemen, to keep that contingency constantly
before our eyes. Such a contingency fills me with trembling; and I
believe it fills you, for in this instance a miscarriage of justice
would not only be irreparable, it would be a crime against our human
nature.
“The question arises, how can we safeguard ourselves against this
element of injustice? What means can we adopt to keep it out?
Gentlemen, it devolves upon me, the advocate of the accused, to furnish
that means. By taking thought I shall endeavor to provide it. To that
end I propose to divide what I have to say to you into three parts. The
first will deal with your legal duty. The second will deal with the
duty to which every Christian Englishman must subscribe or forfeit his
name, and with his name the title-deeds of his humanity. The third will
show the consequences which must and do wait upon the evasion of this
second duty, which is the highest and noblest known to mankind, which
in itself completely transcends this legal one, this technical one you
are sworn to obey.”
“I can see he means to be all night,” said Mr. Weekes to his junior,
with marked irritation. “Lover of the sound of his own voice.”
“He is going wrong already,” said Mr. Topott complacently. “Saying too
much; overdoing it generally.”
“Every inch a performer,” said Jumbo at the back to a companion.
“There’s a fortune in that voice and manner. Hope the lad won’t say too
much.”
“Has done already,” said his companion. “That cant of a duty higher
than the legal one is merely ridiculous.”
The ex-president of the Oxford Union and his friend, whose youth
rendered them sternly critical, were following Northcote’s every word
with the closest attention.
“He’s got a brogue you could cut with a knife,” said the ex-president,
with an air of resenting a personal injury.
“You are wrong,” said his friend, with an absence of compromise. “He
was at school with me.”
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