The Reminiscences of Sir Henry Hawkins (Baron Brampton)Brampton, Henry Hawkins, Baron
History
The Reminiscences of Sir Henry Hawkins (Baron Brampton)
Brampton, Henry Hawkins, Baron
Brampton, Henry Hawkins, Baron, 1817-1907; Judges -- Great Britain -- Biography
The friend of this prisoner, instead of insisting that there was no
evidence, since no one could swear to the sheep bones when no man had
ever seen them, endeavoured to explain away the cause of death, and
thus, by a foolish concession, admitted their actual identity. It was
not Alderson's duty to defend the prisoner against his own admission,
although, but for that, he would have pointed out to the Crown how
absolutely illogical their proposition was in law. But the "friend" of
the prisoner suggested that sheep often put their heads through gaps
or breakages in the hurdles, and rubbed their necks against the
projecting points of the broken bars; and that being so, why should
the jury not come to a verdict in favour of the prisoner on that
ground? It was quite possible that the constant rubbing would
ultimately cut the sheep's throat. If it did not, the prisoner
submitted to the same operation at the hand of his "friend."
"Yes," said Baron Alderson, "that is a very plausible suggestion to
start with; but having commenced your line of defence on that ground,
you must continue it, and carry it to the finish; and to do this
you must show that not only did this sheep in a moment of temporary
insanity--as I suppose you would allege in order to screen it--commit
suicide, but that it skinned itself and then buried its body, or what,
was left of it after giving a portion to the prisoner to eat, in the
prisoner's garden, and covered itself up in its own grave. You must go
as far as that to make a complete defence of it. I don't say the jury
may not believe you; we shall see. Gentlemen, what do you say--is the
sheep or the prisoner guilty?" The sheep was instantly acquitted.
There was another display of forensic ingenuity by the same counsel in
the next case, where he was once again the "friend" of the prisoner.
A man was charged with stealing a number of gold and silver
coins which had been buried a few hours previously under the
foundation-stone of a new public edifice.
The prisoner was one of the workmen, and had seen them deposited for
the historical curiosity of future ages. Antiquity, of course, would
be the essence of the value of the coins, except to the thief. The
royal hand had covered them with the stone, duly tapped by the silver
trowel amidst the hurrahs of the loyal populace, in which the prisoner
heartily joined. But in the night he stole forth, and then stole the
coins.
They were found at his cottage secreted in a very private locality,
as though his conscience smote him or his fear sought to prevent
discovery. His legal friend, however, driven from the mere outwork of
facts, had taken refuge in the citadel of law; he was equal to the
occasion. Alas! Alderson knew the way into this impregnable retreat.
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