But, my Lords, even if the matter were open, the objection itself is
altogether frivolous, for the house that was broke into, as stated in
the indictment, was really and truly the house known by the name of the
General Excise Office for Scotland at the time. It is indeed true that
one or two of the clerks and inferior officers were accommodated in a
small house within a few feet or yards of the large one, and which was
joined to it by a wall like a wing. But this did not make them in any
sense of the word two separate houses. The principal house which was
broke into, was hired at £300 per annum of rent, and the small house at
£8 per annum. This last was just as much a part of the General Excise
Office as a kitchen separate from any house is a part of that house. And
surely your Lordships would not cast an indictment which charged that a
man’s house was broke into, upon the ground that his kitchen was not
joined to his house, which very often happens.
I therefore, my Lords, consider this as a very frivolous objection, and
I know that the honourable counsel on the other side of the bar, who is,
to speak in reply to me, knows too well the dignity of his character and
the honour of his profession to insist seriously upon an objection so
futile. Had this been the case of a poor man, my Lord, we would not have
heard of this objection, and I do not see what title the rank and
situation of this man can plead for troubling the Court with frivolous
objections to the verdict of a jury after so long and so fair a trial.
The DEAN OF FACULTY--My Lords, I know what belongs to the dignity of my
profession and the honour of my character as well as my Lord Advocate.
[Here the Lord Advocate, laying his hand upon his heart, expressed, by
the strongest gestures, that he meant to say nothing disrespectful to
the Dean of Faculty, and was going to speak, when the Lord Justice-Clerk
said that what my Lord Advocate had mentioned, so far from being
derogatory to the Dean of Faculty, was a high compliment to him. The
Dean of Faculty then resumed.] My Lords, I say that I know how I ought
to conduct myself, both as a lawyer and a gentleman, and it is in the
full conviction of performing my duty that I rise to enforce the present
objection, which I think is such a one as ought to overturn this
verdict.
Public-domain text, read in full here on John Shaqi.
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