I come next to the testimony of Ainslie and Brown. Gentlemen, you have
heard a variety of objections stated to the admissibility of their
evidence--all of which has been over-ruled by the Court. But
notwithstanding the judgment of their Lordships, I must adhere to these
objections and maintain that they ought not to have been admitted as
witnesses. Gentlemen, I think a great deal of most improper evidence has
been received in this case for the Crown.
The LORD JUSTICE-CLERK--Do you say that, sir, after the judgment which
the Court has pronounced? That, sir, is a most improper observation to
address at the outset to the jury.
Lord STONEFIELD--It is a positive reflection on the Court.
Lord HAILES--It is a flat accusation that we have admitted improper
evidence.
Lord ESKGROVE--I never heard the like of this from any young counsel at
the beginning of his career at this bar.
The LORD JUSTICE-CLERK--With these admonitions, go on, sir; proceed,
sir.
Mr. CLERK--Aweel, my Lords, if I go on, I beg to assail at the outset
the evidence of these two corbies or infernal scoundrels, Ainslie and
Brown.
The LORD JUSTICE-CLERK--Take care, sir, what you say.
Mr. CLERK--Yes, my Lords, I say that they are both most infamous
characters. Gentlemen, you should discard such vagabonds, and not rely
on their evidence in any way; and if you knock out the vile brains of
their evidence in this case, there is nothing else remaining on which
you can convict my poor client, except his own very candid declarations
which I have already explained to you. Gentlemen, these nefarious
witnesses Ainslie and Brown, should have stood at this bar this night in
place of my client, who was happy in his domestic privacy with his poor,
honest, inoffending wife, whom you this day saw--and my heart bleeds for
her. [Here there was some applause from the audience which was at once
suppressed.] Gentlemen, Ainslie contradicts himself, and Brown is not to
be believed. With respect to this said Mr. John Brown _alias_ Humphry
Moore, you had it out of his own mouth that he was a convicted felon in
England, and I say to you that no convicted felon ought, by the good and
glorious law of Scotland, to be received as a witness in this or any
other case in the British dominions.
[Great applause from the audience.]
MACERS--Silence in Court.
The LORD JUSTICE-CLERK--Mr. Clerk, please restrict your reflections. The
Court have admitted the witness.
Mr. CLERK--Yes, my Lords, I know that very well, but your Lordships
should _not_ have admitted him, and of that the jury will now judge.
The LORD JUSTICE-CLERK--This is most indecent behaviour. You cannot be
allowed to speak to the admissibility; to the credibility you may.
Lord STONEFIELD--This young man is again attacking the Court.
Mr. CLERK--No, my Lords, I am not attacking the Court; I am attacking
that villain of a witness, who, I tell your Lordships, is not worth his
value in hemp.
Public-domain text, read in full here on John Shaqi.
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