Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
The ATTORNEY-GENERAL--I can only say I think it would have been better
if my learned friend had abstained from so strange a declaration. What
would he think of me if, imitating his example, I at this moment stated
to you, upon my “honour,” as he did, what is my internal conviction from
a conscientious consideration of this case. The best reproof which I can
administer to my learned friend is to abstain from imitating so
dangerous an example. My learned friend in that address, of which we all
admired the power and ability, also adopted a course sometimes resorted
to by advocates, but which I cannot help thinking is more or less an
insult to a jury, the endeavouring to intimidate them by the fear of
their own consciences and the fear of the country’s opinion from
discharging firmly and honestly the great and solemn duty which you have
to perform upon this occasion. My learned friend told you if your
verdict should be “Guilty,” one day or other the innocence of the
prisoner would be made manifest, and you would never cease to repent
the verdict you had given. If my learned friend was sincere in that--and
I know he was--there is no man in whom the spirit of truth and honour is
more keenly alive--he said what he believed; but all I can say in answer
is, that it shows how when a man enters with a bias upon his mind upon
the consideration of a subject he is led into error; and when my learned
friend said that he had entered upon this case with an unbiassed and an
unprejudiced mind, who could have failed to feel that never in anything
could he have been more deceived than in thinking that? For who that has
to give his best energies to a defence upon such a charge as this would
not shrink in his own mind from the conclusion that he was to advocate
the cause of one whom he believed to have been guilty of the foulest of
all imaginable crimes? I say, therefore, I think my learned friend had
better have abstained from making any observations which involved the
assurance of his own conviction. I say, further, I think he ought, in
justice and in consideration for you, to have abstained from reminding
you or telling you that the voice of the country would not sanction the
verdict which you were about to give. I say nothing of the inconsistency
which is involved in such a statement, coming from one who but a short
hour before had complained in eloquent terms of the universal torrent of
passion and prejudice by which he said his client was oppressed and
borne down. Why, gentlemen, in answer to my learned friend, I have only
to say, pay no regard to the voice of the country, whether it be for
condemnation or acquittal; pay no regard to anything but the internal
voice of your own consciences, and the sense of that duty to God and man
which you are to discharge upon this occasion. Seek no reward, except
the comforting assurance when you shall look back to the events of this
day, that you have discharged to the best of your ability and to the
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