it not therefore plain to demonstration, that the
measure of punishment was governed by reference to six--_i. e._ a
majority--of eleven counts, which six counts had no more right to stand
on the record, entailing liability to punishment on the parties named in
them, than six of the odes of Horace? The punishment here, moreover,
being discretionary, and consequently dependent upon, and influenced by,
the ingredients of guilt, which it appears conclusively that the judges
took into their consideration?
Such was the general drift of the reasonings of the traversers' counsel.
What was their effect upon the assembled judges--those experienced and
authoritative expositors of the law of the land? Why, after nearly two
months' time taken to consider and ponder over the various points which
had been started--after anxious consideration and communication one with
another--they re-appeared in the House of Lords on the 2d of September;
and, led by one who will be on all hands admitted to be one of the most
experienced, gifted, profoundly learned, and perfectly impartial and
independent lawyers that ever presided over a court of justice--Sir
Nicholas Tindal--SEVEN out of _nine_ of the judges expressed a clear
unhesitating opinion, that the third and eleventh questions should be
answered in the negative--viz. that the judgment was in no way
invalidated--could be in no way impeached, by reason of the defective
counts and findings. The two dissenting judges who had been _hit_ by the
arguments of the traversers' counsel, were Baron Parke and Mr Justice
Coltman--the latter speaking in a confident, the former in a remarkably
hesitating and doubting tone. The majority consisted of Chief-Justice
Sir Nicholas Tindal, Mr Justice Patteson, Mr Justice Maule, Mr Justice
Williams, Mr Baron Gurney, Mr Baron Alderson, and Mr Justice Coleridge.
We have no hesitation in expressing our opinion, that the judgments
delivered by this majority of the judges stand on the immovable basis of
sound logic, accurate law, and good sense; and lament that our space
will not allow us to present our readers with the many striking and
conclusive reasonings and illustrations with which those judgments
abound. We can but glance at the _result_--leaving the _process_ to be
examined at leisure by those so disposed. The artful fallacies of the
traversers' counsel will be found utterly demolished. The first grand
conclusion of the judges was thus expressed by the Chief-
|