It is my opinion, my Lords, that the objection itself, without entering
into the question whether it be now competent to state it, cannot be
listened to by the Court. The indictment states that the prisoners at
the bar broke into the house in which the Excise Office was kept at the
time when the robbery happened, and although a few offices may have been
kept in the small house adjoining to the principal building, yet it
cannot be denied that this separate tenement was considered as a part of
the General Excise Office; and the witnesses themselves, who were
examined upon this point have told us that had this small tenement been
broke into instead of the principal house, they would have said that the
Excise Office was broke into.
Upon this ground, I am clear for repelling this objection as not well
founded, the whole building, which was called the Excise Office, being
situated in the same place, and inclosed by the Commissioners so as to
render its parts distinct from any other building.
Lord STONEFIELD--My Lords, I do not understand the bringing forward this
objection at this time; it seems as if they wished to introduce the
forms of the law of England. I think that the Lord Advocate has
described in the indictment the place where the crime was perpetrated
with sufficient accuracy, and therefore I am for repelling the
objection.
Lord SWINTON--My Lords, among all the proceedings in this painful trial,
the present motion gives me the greatest pain. It sets forth, first,
that the libel charged the prisoners with wickedly and feloniously
breaking into the house in which the General Excise Office for Scotland
was then kept. The motion next sets forth that the verdict finds the
prisoners guilty of the crime charged; and it concludes for an arrest of
judgment, because the General Excise Office consists of more houses than
one, as your Lordships will recollect from the proof taken before you
yesterday.
One of the counsel yesterday stated himself as appearing not only in
defence of the prisoners, but in defence of the law itself.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account