The Lord Advocate was pleased to commend this witness, as having spoken
out from a desire of doing justice and being of service to his country.
Did his appearance this day indicate any such feelings? Do not the
circumstances in which he brought forward this accusation show the
baseness of his views? He has sworn that at first he did not accuse Mr.
Brodie. No; it was not till his return from England that he took this
course, when, finding that the sacrifice of mean victims was not leading
to any steps being taken to procure him a pardon, and that the other
unhappy prisoner at the bar had confessed his own guilt, but without
accusing Mr. Brodie, he (Brown) gave the lie to his first declaration by
criminating that gentleman; and the pardon, which has this day procured
admission to his testimony, was obtained for him. The measures of the
public prosecutor in this respect were highly proper, believing, as he
no doubt did, the testimony of this man. But I leave it to you,
gentlemen, to consider whether it is possible for any witness to stand
in more suspicious circumstances; and whether, as several of the judges
have told you, that had his conviction been in Scotland instead of
England, they would have rejected his testimony, notwithstanding the
pardon, you should not so lay aside his evidence altogether in justice
to the prisoner, who ought not to suffer for a distinction which,
however founded in law, is contrary to common sense or reason when
applied to the credibility of the witness, of which you alone are the
judges.
I come now, gentlemen, to the direct proof of _alibi_. And here I
readily confess that a proof of _alibi_ is generally resorted to only
upon the most desperate occasions; and that such proof, when it is in
contradiction to facts clearly substantiated by real evidence or parole
testimony beyond all suspicion, must yield thereto. But, gentlemen, this
is by no means the case here. The _alibi_ is established by the most
direct and complete proof, in opposition to which nothing direct appears
in evidence, unless the testimony of two witnesses, entitled to no
credit from their characters, and swearing in circumstances the most
suspicious. There are, indeed, other circumstances proved; with regard
to which I am to address you afterwards. But these, if the depositions
of Brown and Ainslie be laid aside, must appear to you so light when
weighed against this evidence of _alibi_ that they must kick the beam.
The _alibi_, gentlemen, is thus proved.
Public-domain text, read in full here on John Shaqi.
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