Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
practice of some countries it is allowed to raise a probability that the
party accused has committed the offence which he has to answer, to show
that he has committed other offences, with a view of showing that he is
an immoral man, and not unlikely to commit other offences, whether of
the same or of a different nature; but the law of England is different,
and, presuming every man to be innocent until his guilt is established,
it allows his guilt to be established only by evidence directly
connected with the charge brought against him.
[Illustration: Lord Chief-Justice Campbell.]
[Sidenote: Lord Campbell]
Gentlemen, it gives me great satisfaction to find that this case has
been so fully laid before you. Everything has been done that could be
accomplished for the purpose of assisting the jury in coming to a right
conclusion. The prosecution has been taken up by the Government of the
country, so that justice may be effectively administered. The
Attorney-General, who is the first law officer of the Crown, has
conducted the prosecution as the Minister of Public Justice. Again, I am
much pleased to think that the prisoner appears to have had ample means
to prepare for and conduct his defence. Witnesses very properly have
been brought from all parts of the kingdom to assist in his defence; and
he has had the advantage of having his case conducted by one of the most
distinguished advocates at the English bar. Gentlemen, I most strongly
recommend to you to attend to everything that fell so eloquently, so
ably, and so impressively from that advocate, with the exception of his
own private personal opinion. It is my duty to tell you that that ought
to be no ingredient in your verdict. You are to try the prisoner upon
the evidence before you, according as that evidence may be laid before
you upon the one side and on the other, and by that alone, and not by
any opinion of his advocate. I feel also bound to say that it would have
been better if his advocate had abstained from some of the observations
which he made in his address to you, in which he laid great stress upon
his own conviction of the prisoner’s innocence of the crime imputed to
him and of his apprehension that if you returned a verdict of guilty you
one day would have to regret your verdict. The fact of the prisoner
saying “Not guilty” is a mere form; it goes for nothing, and it may lead
to the most disastrous consequences if that formal answer is to be dwelt
upon with too much importance, as it may lead a jury to believe that a
prisoner is not guilty because his advocate expresses his perfect
conviction of his innocence. And, upon the other hand, if the advocate
withholds an opinion, the jury may suppose that he is conscious of his
client’s guilt, whereas it is the duty of the advocate to press his
argument upon the jury, and not his opinion.
[Sidenote: Lord Campbell]
Public-domain text, read in full here on John Shaqi.
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