Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.Swazey, John B.
Philosophy
Some Observations Upon the Civilization of the Western Barbarians, Particularly of the English: made during the residence of some years in those parts.
Swazey, John B.
England -- Social life and customs
being a _blunder_, in which innocent people have been punished as
_criminal_, and the _Criminal_ has _escaped_! A natural and simple
examination of the accused, when first brought before the Judge, would
have saved all this loss, suffering, and shame! Such an absurdity can
only be to the advantage of the guilty!
A man may be caught under circumstances of guilt so certain that there
is no _rational_ hypothesis of innocence. Yet, with the very blood and
property of the murdered perhaps upon him, surprised, red-handed in
the very act, he will be treated as if he were merely _suspect_; _will
be cautioned to say nothing_; will have every chance and opportunity
to escape by reason of the unaccountable mode of procedure. For he is
still innocent. Such is the hypothesis; and disregarding the obvious
and simple way of asking for an explanation consistent with innocence
(when guilt would be doubly manifest), the other ridiculous hypothesis
is maintained, if possible, and the whole community and many innocent
people are afflicted and tortured with the most minute and painful
investigations (having perhaps no sort of relation to the matter), to
see if some doubt may not arise _somehow_, not as to the guilt, but as
to some parts of the case as _imagined_ to be!
Thus, _theories_ of guilt are to be established when the fact is
_patent_, if one will simply look at the proofs immediately at hand!
In this case just supposed, too, there is no trial at all of the _man_
so clearly seen to be guilty. Twelve men are convened by a sort of
inferior Judge, first to see how the dead man came to be dead--it is
certain as anything can well be! Yet this kind of Court must go through
the long, tedious, and painful inquiry, _how_ the man died. Witnesses
are dragged from home, from their pursuits, ruined may be; the whole
community horrified, and the twelve men kept from home and business,
and shocked by the most disgusting examinations of the dead! This whole
process seems rather designed to give fees and business to the petty
Judge and officers who compose this singular tribunal.
But when this _sham_ Court has got through, the accused meantime, and
the witnesses, are still awaiting the real inquiry, which may be put
off for many weeks.
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