My unfortunate client is a very poor man; and although he was in a
situation, before he was apprehended on suspicion of this crime, to
support himself and his family upon the produce of his industry in his
trade as a grocer, he has, in consequence of this unlucky affair, been
reduced to absolute beggary, so that he has not been able to make those
extraordinary exertions either in procuring evidence or counsel, which
the more opulent prisoner has done. He is an Englishman, a stranger in
this country, and in great straits for his life, and whatever is
favourable in his character or conduct is unknown; while, on the other
hand, everything that tended to blacken his character and fix guilt upon
him has been brought forward. He has no one to say a good word for him,
as that great villain, John Brown _alias_ Humphry Moore, has, who, you
will remember, was so highly complimented by their Lordships when he
left that box. But, I, as his most inexperienced and imperfect counsel,
will try and do the best I can for the poor man.
The LORD JUSTICE-CLERK--Be short and concise, sir, at this time of the
morning.
Mr. CLERK--Pray, your Lordship, let me proceed.
The LORD JUSTICE-CLERK--Well then, proceed, young man.
Mr. CLERK--It is easy to account from this cause, gentlemen, for what my
Lord Advocate observed concerning the obscurity of my client’s history
before the robbery of the Excise Office; and I imagine that no argument
against him can be drawn from it. I know that I speak to a jury who will
lay nothing into the scale against him that does not arise from the
evidence which has been adduced.
My Lord Advocate has told you, gentlemen, that the guilt of my
unfortunate client is so clear as to admit of no doubt, and it is in
consequence of that opinion, I suppose, that his Lordship has made so
few observations upon it. I cannot, however, yield my assent to this
proposition; and I shall endeavour to show you, on the contrary,
gentlemen, from a statement of such parts of the proof as affect my
client, that the fair and legal evidence against him is incomplete and
will not warrant a verdict for the Crown.
The evidence may be reduced to three distinct branches--his own
declarations, which have been read; the direct evidence of the witnesses
adduced for the prosecutor to the commission of the crime; and the real
evidence of circumstances.
With regard to the declarations, the Lord Advocate has told
[Illustration: John Clerk (afterwards Lord Eldin).
(_After Kay._)]
Public-domain text, read in full here on John Shaqi.
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