The LORD ADVOCATE--My Lords, I admit the justice of what the Dean of
Faculty has stated if such an objection as the present were made to the
description of the _corpora delicti_. If the prisoners were charged with
having stolen the watch or trunk mentioned in the indictment, the
description there given of them would not be sufficient; but, as they
are not the _corpora delicti_, and are only referred to as circumstances
of evidence, I contend that the description is sufficient; but, rather
than detain the Court longer with an objection of this kind, I will give
up the trunk altogether, as I do not suppose that I shall stand in need
of it; I, however, submit the matter to the Court.
The LORD JUSTICE-CLERK--Your Lordships have heard the objection and
answers on this point. What is your opinion?
Lord HAILES--My Lords, there is no objection made to the production of
the different papers founded on in the indictment, and I do not perceive
that there is any force in the objection as to the gold watch; because,
although the pannel’s counsel cannot know, from the manner in which it
is described in the indictment, what is meant to be proved by it,
neither do they know what is intended to be proved by the different
witnesses who are cited.
The objection with regard to the trunk appears to me to be much more
strong; and I confess that I never saw any article so vaguely stated in
an indictment as it is in the present case, viz., “a trunk containing
various articles.” It is no good answer to the objection that the proper
trunk was not timeously produced, that it was allowed to remain in
Brodie’s possession, because that article is founded on in the libel
against Smith as well as against him. I am therefore inclined to sustain
the objection as to the trunk, but no further.
Lord ESKGROVE--My Lords, I am not disposed to abridge in the smallest
degree the security of the subjects of this country, although the law is
here more attentive to the safety of persons accused than in any other
country whatever. Here the pannel must not only be furnished with the
names and designations of the witnesses, but he must also be made
acquainted with every document and article to be used in evidence
against him.
In the present case there are a number of writings, and likewise a
variety of articles, founded on in the indictment; there is no objection
to the production of the papers, but it is objected on the part of the
pannel that the other articles are not particularly described. I do not
think, my Lords, that this objection is much aided by the argument
founded on the declarations and other parts of the libel being more
particularly described than these articles.
Public-domain text, read in full here on John Shaqi.
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