The Gun Alley Tragedy: Record of the Trial of Colin Campbell Ross — John Shaqi
The Gun Alley Tragedy: Record of the Trial of Colin Campbell RossBrennan, T. C. (Thomas Cornelius)
History
The Gun Alley Tragedy: Record of the Trial of Colin Campbell Ross
Brennan, T. C. (Thomas Cornelius)
Ross, Colin Campbell, 1892-1922 -- Trials, litigation, etc.; Trials (Murder) -- Australia -- Victoria -- Melbourne
But the position of the bar in these matters has been well settled. The
same view was presented by Lord Chief Justice Reading in 1916 as by
Erskine in 1792. When Erskine took a brief for the defence of Tom Paine
130 years ago, and insisted on holding it in spite of the protests of
the courtiers, his obstinacy, says Lord Chief Justice Campbell, in his
“Lives of the Chancellors,” was much condemned “by many well-meaning
people, ignorant of professional etiquette, and of what is required by
a due regard for the proper administration of criminal justice.” But
Erskine appeared, and on the trial, referring to the storm which his
conduct had provoked, he said:—
“Little, indeed, did they know me who thought that
such calumnies would influence my conduct. I will for
ever, at all hazards, assert the dignity, independence
and integrity of the English bar, without which
impartial justice, the most valuable part of the
British Constitution, can have no existence. From the
moment that any advocate can be permitted to say that
he will or will not stand between the Crown and the
subject arraigned in the court where he daily sits to
practice, from that moment the liberties of England
are at an end. If the advocate refuses to defend from
what he may think of the charge or of the defence, he
assumes the character of the judge; nay, he assumes
it before the hour of judgment; and, in proportion to
his rank and reputation, puts the heavy influence of,
perhaps, a mistaken opinion into the scale against the
accused, in whose favor the benevolent principle of
English law makes all presumptions, and which commands
the very judge to be his counsel.”
When Sir Roger Casement was tried for treason in 1916, the same
question arose, as it had arisen many times in the interval. Lord Chief
Justice Reading, addressing the jury, then said:—
Public-domain text, read in full here on John Shaqi.
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