The LORD JUSTICE-CLERK--The Court, sir, have already solemnly decided,
as you know, on the objections raised by the Dean of Faculty, that in
law the objections to these witnesses should be repelled, and they were
repelled accordingly; therefore you should have nothing more to say to
us on that point.
The DEAN OF FACULTY--If it will satisfy Mr. Clerk, I can assure him that
I will plead on this point to the jury, waiving all objections to the
admissibility, which it may be rather irregular to plead after the
decision of the Court.
The LORD JUSTICE-CLERK--Dean of Faculty, I know you will attempt nothing
that is improper.
Mr. CLERK--But, my Lords, the jury are to judge of the law as well as
the facts.[23]
The LORD JUSTICE-CLERK--Sir, I tell you that the jury have nothing to do
with, the law, but to take it _simpliciter_ from me.
Mr. CLERK--That I deny.
[Consternation in Court.]
Lord HAILES--Sir, will you deny the authority of this High Court?
Mr. CLERK--Gentlemen of the jury, notwithstanding of this interruption,
I beg to tell you, with all confidence and all respect, that you are the
judges of the law as well as the facts. You are the judges of the whole
case.
The LORD JUSTICE-CLERK--You are talking nonsense, sir.
Mr. CLERK--My Lord, you had better not snub me in this way. I never mean
to speak nonsense.
The LORD JUSTICE-CLERK--Proceed--gang on, sir.
Mr. CLERK--Gentlemen, I was telling you that this infernal witness was
convicted of felony in England, and how dare he come here to be received
as a witness in this case?
The LORD ADVOCATE--He has, as I have shown you, received His Majesty’s
free pardon.
Mr. CLERK--Yes, I see; but, gentlemen of the jury, I ask you, on your
oaths, can His Majesty make a tainted scoundrel an honest man?
[Great applause in Court.]
The LORD JUSTICE-CLERK--Macers, clear the Court if there is any more
unruly din.
The LORD ADVOCATE [interposing and addressing Mr. Clerk]--Sir, permit me
to say, after this interruption, that the prerogative of mercy is the
brightest jewel in His Majesty’s Crown.
Mr. CLERK--I hope His Majesty’s Crown will never be contaminated by any
villains around it.
[Sensation in Court.]
The LORD JUSTICE-CLERK [to the Lord Advocate]--Do you want his words
noted down?
The LORD ADVOCATE--Oh no, my Lord, not exactly yet. My young friend will
soon cool in his effervescence for his client.
The LORD JUSTICE-CLERK [to Mr. Clerk]--Go on, young man.
Mr. CLERK--Gentlemen of the jury, I was just saying to you, when this
outbreak on the bench occurred, that you were the judges of the law and
of the facts in this case.
The LORD JUSTICE-CLERK--We cannot tolerate this, sir. It is an indignity
to this High Court--a very gross indignity, deserving of the severest
reprobation.
Public-domain text, read in full here on John Shaqi.
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