The Uncollected Writings of Thomas de Quincey—Vol. 1: With a Preface and Annotations by James HoggDe Quincey, Thomas
General
The Uncollected Writings of Thomas de Quincey—Vol. 1: With a Preface and Annotations by James Hogg
De Quincey, Thomas
English literature
their seats, the defendant (when the cause is penal) is called to the
bar by the crier of the court, and placed between the constables. The
clerk of the court then reads the indictment, at the close of which
the defendant is asked if he object to any of the jury--when he may
make his challenges (as before stated). The same question is put to
the attorney-general. A short time is then allowed the defendant to
plead _guilty_, if he be so disposed: he is asked no question however
that he may not be induced to tell a falsehood: but, in order to
encourage an acknowledgment of the fault, when he pleads _guilty_--a
small deduction is made from the penalty appointed by the law for the
offence. The consequence is--that at least five out of six of those
who are justly accused acknowledge the offence in the first instance.
If the defendant be determined to stand his trial, the attorney-general
opens the case and the trial proceeds. The defendant may either plead
his own cause, or employ a school-fellow as counsel--which he sometimes
does. The judge takes notes of the evidence, to assist him in delivering
his charge to the jury: in determining the sentence he is guided by the
regulations enacted by the committee, which affix punishments varying
with the magnitude of the offence and the age of the defendant, but
invest the judge with the power of increasing or diminishing the penalty
to the extent of one-fourth.' A copy of the sentence is laid before the
master, who has of course 'the power of mitigation or pardon.' From the
decision of the court there lies an appeal to the committee, which is
thus not only the legislative body, but also the supreme court of
judicature. Two such appeals however are all that have yet occurred:
both were brought by the attorney-general--of course therefore against
verdicts of acquittal; and both verdicts were reversed. Fresh evidence
however was in both cases laid before the committee in addition to that
which had been heard in the court below; and on this as well on other
grounds there was good reason to acquit the jury of all partiality.
Whilst appeals have thus been so rare from the verdicts of juries,
appeals from the decisions of the magistrate, and even from those of the
teachers, have been frequent: generally indeed the decisions have been
affirmed by the committee; and, when they have been reversed, in all but
two cases the reversal has met with the sanction of the teachers as a
body. Even in these two (where, by the way, the original decision was
only modified and not annulled); the Experimentalist is himself of
opinion (p. 12) that the non-concurrence of the teachers may possibly
have been owing to a partiality on their side. So far indeed as his
experience had then extended, the Experimentalist tells us (p. 79) that
'one solitary instance only' had occurred in which the verdict of the
jury did not coincide with his own opinion. This judgment, deliberately
pronounced by so competent a judge, combined with the entire
Public-domain text, read in full here on John Shaqi.
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