Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Curiously enough, owing to the irony of our party system, it was the
Conservatives who brought in this reform and the Radicals who opposed it.
It was left for Sir Richard Webster to point to the progress of all the
States of America, and the experience of our Colonies, and to ask that we
should not lag behind in the good work of reform. That sturdy radical, Mr.
Pickersgill, was shocked, and elaborated the quaint argument that an
innocent man should be debarred this privilege lest he might be an
ignorant person who would tell lies, and get confused and muddled, thereby
prejudicing his chance of acquittal.
A large body of influential legal opinion was adverse to the Bill, and in
the division lists voting against the reform you find the names of Sam
Evans, John Morley, W. S. Robson, Lawson Walton, and other well-known
Liberals. It is one of the crosses that a legal reformer has to bear that
only through the services of one or other of the great parties in the
State can he hope to see his pet dream materialise and there seems a
certainty that, if one party is converted to a proposal, the other party
makes a point of being diverted by it. Over and above that unhappy
difficulty to progress there is the certainty that the lawyers, as a
profession, will always offer a strong opposition to any proposition of
legal reform, and, when this is defeated, will fight strenuous little
rearguard actions to cripple and delay it.
The Poor Prisoners Defence Act met with less opposition. It was a
comparatively small affair, and there were a few fees in it. Mr. Justice
Grantham--whose merits as a friend of the prisoner and a humane judge are
often lost sight of in remembering his daring dives from the bench into
the sea of politics--this good judge was a keen supporter of the movement
for the better defence of poor prisoners. He thought the magistrates ought
to ask the prisoner what his defence was, and tell him that, if he would
state it, they would do all they could to assist him in proving it, and
that, if he wanted evidence, they would adjourn the case and get evidence.
His ideal was that the magistrate and the police should assist a man to
prove his innocence, and that any sort of reasonable defence should be
followed up at the public expense.
Public-domain text, read in full here on John Shaqi.
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