The Knickerbocker, or New-York Monthly Magazine, May 1844: Volume 23, Number 5Various
History
The Knickerbocker, or New-York Monthly Magazine, May 1844: Volume 23, Number 5
Various
Periodicals
Bedlow's evidence, as usual, was mainly confirmatory of the statements of
Oates, embellished by such new incidents as his feebler powers of
invention could frame. He was, however, not quite satisfied with this
subordinate part; and therefore at the close of his evidence pretends to
recollect that he had omitted one thing very material: 'At the same time
that there was a discourse about these three gentleman being to destroy
the king at New-Market, there was a discourse of a design to kill several
noble persons, and the several parts assigned to every one. Knight was to
kill the Earl of Shaftsbury, Pritchard, the Duke of Buckingham, Oniel, the
Earl of Ossory, Obrian, the Duke of Ormond,' An assassination of noblemen
on a truly magnificent scale!
Nothing appearing in Bedlow's evidence to implicate Fenwick and
Whitebread, and two witnesses being necessary to prove the charge, they
were sent back to prison. When they were subsequently brought up for trial
for the same offence, and pleaded that they could not a second time be
tried, their plea was overruled, although founded on one of the commonest
principles of law, and sanctioned by a thousand precedents. The reasoning
of Scroggs and North, the Chief Justice of the Common Pleas, is so curious
that it is worth quoting. Whitebread, after objecting that he is informed
that no man can be put in jeopardy of his life the second time for the
same cause: 'I speak it not for my sake only, but for the sake of the
whole nation; no man should be tried twice for the same cause; by the same
reason a man may be tried twenty or one hundred times.'
SCROGGS. 'You say well, it is observed, Mr. Whitebread; but you must know
that you were not put in jeopardy of your life for the same thing, for
first the jury were discharged of you; it is true, it was supposed when
you were indicted that there would be two witnesses against you, but that
fell out otherwise, and the law of the land requiring two witnesses to
prove you guilty of treason, it was thought reasonable that you should not
be put upon the jury at all, but you were discharged, and then you were in
no jeopardy of your life.'
'Under favor, my lord, I was in jeopardy, for I was given in charge to the
jury; and 'tis the case in Seyer, 31 Eliz., he was indicted for a burglary
committed the 31st of August, and pleaded to it, and afterward another
indictment was preferred, and all the judges did declare that he could not
be indicted the second time for the same fact, because he was in jeopardy
of his life again.'
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